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Item C20 C.20 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys ��` �)-.�ff`� � Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: C.20 Agenda Item Summary #7321 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Approval of Avigation Easements and Property Owner Noise Insulation Agreements for twenty-one (21) of twenty-eight units at Key West by the Sea that are participating in the Key West International Airport Noise Insulation Program (NIP) Building A — Part 1 Construction Project. ITEM BACKGROUND: This agenda item is for the approval of Avigation Easements and Property Owner Noise Insulation Agreements for the twenty-one (2 1)units included in the Base Bid — Group 1. An additional seven (7)units were included in the Base Bid—Group 2, for a total of twenty-eight(28)units. These units at Key West by the Sea are participating in the Key West International Airport Noise Insulation Program (NIP) Building A —Part 1 Construction Project. The documents for the remaining seven (7)units will be provided for approval once all property owner signatures have been obtained. A list of the twenty-one (2 1) units is attached. The Avigation Easements are a BOCC condition of participation in the NIP and all property owners who desire to participate in NIP also enter into the Property Owner agreement. The objective of this project is to reduce interior noise levels generated by exterior aircraft operations for neighboring residents whose homes qualify for the FAA-approved Noise Insulation Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility Program and associated Noise Exposure Map, and pursuant to AIP Handbook Appendix R and other related federal requirements. PREVIOUS RELEVANT BOCC ACTION: On February 19, 2020, the BOCC granted approval to advertise for bids and the bid opening held April 28, 2020. September 16, 2020 Agenda concurrent requests: 1. Ratification and approval ofFAA Grant 12-0037-061-2020; 2. Award of bid/contract to bidder DEC Contracting Group, Inc.; and 3. Approval ofPSO #6 with THCfor construction management& administration, and preparation offinal bid documents and bid process. Packet Pg.847 C.20 CONTRACT/AGREEMENT CHANGES: New Agreements STAFF RECOMMENDATION: Approval DOCUMENTATION: Avigation Easement- A108 Avigation Easement- A109 Avigation Easement- Al 10 Avigation Easement- Al 11 Avigation Easement- A209 Avigation Easement- A211 Avigation Easement- A308 Avigation Easement- A309 Avigation Easement- A310 Avigation Easement- A311 Avigation Easement- A408 Avigation Easement- A409 Avigation Easement- A410 Avigation Easement- A411 Avigation Easement- A508 Avigation Easement- A509 Avigation Easement- A510 Avigation Easement- A511 Avigation Easement- A608 Avigation Easement- A609 Avigation Easement- A611 PO Agreement- A108 PO Agreement- A109 PO Agreement- Al 10 PO Agreement- Al 11 PO Agreement- A209 PO Agreement- A211 PO Agreement- A308 PO Agreement- A310 PO Agreement- A311 PO Agreement- A408 PO Agreement- A409 PO Agreement- A410 PO Agreement- A411 PO Agreement- A508 PO Agreement- A510 PO Agreement- A509 PO Agreement- A511 Packet Pg.848 C.20 PO Agreement- A608 PO Agreement- A609 PO Agreement- A611 4KWBTS Bulding A -Part 1 Unit List PO Agreement- A309 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: -0- Total Cost to County: -0- Current Year Portion: Budgeted: N/A Source of Funds: N/A CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: No Additional Details: REVIEWED BY: Beth Leto Completed 09/01/2020 3:19 PM Richard Strickland Completed 09/01/2020 3:38 PM Pedro Mercado Completed 09/01/2020 3:45 PM Purchasing Completed 09/01/2020 3:53 PM Budget and Finance Completed 09/01/2020 5:11 PM Maria Slavik Completed 09/01/2020 5:41 PM Liz Yongue Completed 09/01/2020 6:30 PM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg.849 Pre ered By and Return To Heather P. Faubrt NIP Assistant Project Manager C.20.a TI-IC, Inc. 3300 Breckinridge Blvd. Suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key West International Airport Oise Insulation Program s THIS EASEMENT A REEMEl T is entered into this day �ff_ , 20 , by "LISA C. RANKIN, TRUSTEE, under The Lisa C. Rankin Living Trust dated January 29, 2015"p, hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "B ." RECITALS: CL A. The Property Owner is the fee simple titleholder to certain real property ("the Property" UJ located in Monroe County, Florida, more particularly described as follows: r 04 I Apartment Unit known as Unit 108-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official >- Records Book 58 ,, at Page 370, of the Public Records of Monroe County, Florida. co also identified as street address: "2801 S. Roosevelt Blvd., Unit A108" B. The B CC is the owner and operator of Key"Vest International Airport("the Airport") and � desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. lender the NIP, the Airport will design and install or pay for the installation of p Property improvements and modifications to the Pro ert 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 BO C condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BCC may have obtained under applicable laws. D The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the B CC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BCC. The BCC's implementation of the ............___. Key West International Airport NIP—Avigation Easement(KWBTs Unit#A108) Page 1 of 4 Packet Pg. 850 C.20.a 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 DI . 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 FAA") on December 19, 2013. O. The NIP will be administered in accordance with the current FAA Order 5100�.88, 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. F NOW THEREFORE, forand in consideration of the improvements to be made tot e Subject CIL Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both 06 parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOLO agree as follows: i r 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 BO , its >_ successors and assigns, a perpetual avigation easement over the property. The use Co of the Easement shall include the right to generate and emit noise and to cause other r 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 purview of this Easement. LU 0 . This Easement shall be perpetual in nature and shall bind and run with the title to the LM property and shall run to the benefit of the BO or its successor in interest as owner and > operator of the Airport.. 8. The Property Owner on behalf of the Property Owner, its heirs., assigns and successors in interest, does hereby release the BO C, and any and all related parties of the BO including but not limited to BOOO members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport.. Key West international Airport NIP—Av gation Easement(KV'BT S Unit#At 08) Page 2 of 4 Packet Pg. 851 C.20.a 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, damages, debts, liabilities, costs, attorneys' or e pert'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. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in, any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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 par'ty's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the Mate of Florida. CL 7. No breach of any provision of this Agreement may waived unless in writing. Waiver of 06 LU 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 r time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement Co and shall in no way affect, impair or invalidate any other provision hereof so long as the CD r remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall) be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BBC, then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCG hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B .. Key West International Airport NIP—Avi ation Easement(KWETS Unit##A108) Page 3 of Packet Pg. 852 C.20.a This Easement Agreem s- ecuted as of the date first above written. PROPERTY OWNER:) PROPERTY OWNER: r ,ft ure, Signature -.Pfintev Na Printed Name Iz— ate Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 U) by Pr pe y Owe t" CL 06 My Commission Expires: Notary Public Signature r cv ._ I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: co CD Signature Signature W Printed Name Printed Name Signature Date Printed Name N A NEY OE A P V T �.e STATE OF FLORIDA - COUNTY OF MONROE ASSI PED ANT MUNTYA Date The foregoing instrument was acknowledged before me this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP-Avigation Easement(KWBTS Unit#A108) Page 4 of 4� Packet;Pg. 853 C.20.a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Sae County of On _..... ....... --- before me, �.: Date Here Insert Name and Title of the O cer personally appeared _ 't c -; ° Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(pf whose name(4 ' e subscribed CL to the within instrument and acknowledged to me that / e/�4y executed the same in l0/6''r/ Ir 06 authorized capacity(i ', and that by signature( on the instrument the person , or the entity upon behalf of which the person(s) acted, ex cuted the instrument. cv I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing TAO D.GINN paragraph is true and correct. Notary Public-California 00 San Mateo County WITNESS my hand and official seal. Commission 0 2185257 r My Comm.Expires Mar 29,2021 Signature —.._ ._. --__------ — 0) Place Notary Seal and/or Stamp Above Sig re of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: . ._ P Document Date:{ _ �L "; _Number of Pages: Signer(s) Other Than Named Above: apacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: (02017 National Notary Association Packet iPg. 854 C.20.a CALIFORNIA ALL-PURPOSE L CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of / C" , w., On 2_ " uiu'F before rite, 'LZI r V t Date Here Insert Name and Title of the Ofhcer personally appeared S C_ i4 .. :. f a°rr Cal Nome(s)ofSigner(s) 1— Cal who proved to me on the basis of satisfactory evidence to be the perscan( l whose name 0 e subscribed to the within instrument and acknowledged to me that, lt�y executed the same in �/ lrCL authorized capacity(i , and that by l)K/I th I signatureK on the instrument the person "j, or the entity 06 upon behalf of which the person( ) acted, ex cuted the instrument. UJI r 04 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing TAO ,GiNNUJI paragraph is true and correct. Noury Putalic California k. San Mateo Coarity WITNESS my hand and official seal. Csarnrnr ssiorn#2185257 My Comm Exp4es Mar 29,20 1 Signature -- Place Notary evil dlor, tome Above Si l�ct t`re of Notary Public � ' ® _ OPTIONAL � Completing this information can deter altercation of the document or I fraudulent reattachment of this form to an unintended document, Description of Attached Document > Title or Type of Document: Au 1 r c}: ' , Document Date: .. y 4 Number of Pages. Signer(s) Other Than Named above: I aeity(le Claimed by Signer(s) Signer's Marne. Signer's Narrne: • Corporate Officer-- Title(s)a 0 orrporate Officer — Title(s); • Partner— 1:1 Limited ❑ general 13 Partner— 0 Limited 0 general • Individual ll Attorney in fact o Individual 0 Attorney in Pact • Trustee Ii Guardian of Conservator 0 Trustee ❑ Guardian of Conservator • Other; 0 Other. Signer is Representing: Signer is Representing. 017 National Notary Association Packet Pg. 855 vireparea my ana Kerurn i q Heather P. Faubert NIP Assistant Project Manager C.2Q.b TH , Inc. 3300 Breckenridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of A "SUUSAN M. TOLPA and JUDITH T. KING", hereinafter referre to as "the Property Owner," in favor of the MONR E COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property" located in Monroe County, Florida, more particularly described as follows: 06 r 04 Apartment Unit known as Unit 1091-A►, ,atlantic Tower, KEY WEST BY THE SEA:, a � Condominium, according to the Declaration of Condominium recorded in Official Records Book , at Page 370, oft the Public Records of Monroe County, Florida. �. also identified as street address: "2601 S. Roosevelt Blvd., Unit A109" r B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residentialLU purposes through the implementation of a Noise Insulation Program ("NIP"). r- 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 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement`) is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained' under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The B C 's implementation of the NIP will benefit the Property fawner and the Property by providing certain remedial sound Key vve t international Airport NIP—Avigatio,n Easement(KWBT s Unit#A109) Page 1 of 4 Packet Pg. 856 !C.2Q.b attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in LNL 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 FAA") on December 19, 2011 . The NIP will be administered in accordance with the current FAA Order 5100.38, ,Airport Improvement,grogram Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CL parties, and in consideration and incorporation into this Avigation Easement of the recitals 06 IJJ set forth above, the Property Owner and the BOCC agree as follows: r 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all r successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns„ a perpetual aviation 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 r 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 purview of this Easement. LU . This Easement shall be perpetual in nature and shall bind and run with the title to the 0 property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport_ > . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members„ officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Avigation Easement(KW BTS Unit#A109) Page 2 of$_.�a. Packet Pg. 857 !C.2Q.b This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, casts, 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.. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. Cn . No provision of this Agreement is to be interpreted for or against any party because that Ca party or that prty's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. CL 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of 06 LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, Condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall i in no way affect, impair or invalidate any other provision hereof so long as the r remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU & In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the B , then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigat on Easement(KWBTS Unit#A109) Page 3 of 4 Packet Pg. 858 C.20.b This Easement Agreement is executed as of the date first above written. -PROPERTY Si nature 4 Sig na re Printed Name Printed Name N a o2a�y Date 1 Date STATE OF K) COUNTY OF 8 The foregoing instrument was acknowledged before me this 2.R day of 20 2v U) Property Owner Name(s) MICHELLE A SCOTT NOTARY PUBLIC-STATE OF NEW YOR 06 My Commission Expires: No. 01 SC6267991 Notary Public Si§nature ®ualitled In Onondaga County My Commission Expires August 27, Zo I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name y ns Printed Name a a Signature Date Printed Name ORNEY E STATE OF FLORIDA ' COUNTY OF MONROE A3SI3t Date The foregoing instrument was acknowledged before me this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A109) Page 4 of 4 Packet;Pg. 859 _terra -- w+..9I —u" ems_%"'" aW. Heather P. Faubert NIP Assistant Project Manager C.20.c THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AyVIGATI N EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into than "day of 20 , by `GLEN L. WEST, JR..., PATSY RUTH 'WEST and CAITLIN G. WEST" hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD z OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." — RECITALS: CL A. The Property Owner is the fee simple titleholder to certain real property ("the Property") 06 LU located in Monroe County, Florida, more particularly described as follows: r i Apartment Unit known as Unit 11O-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. -� r also identified as street address: "2601 S. Roosevelt Blvd., UnitA110" " B. The BOCC is the owner and operator of Key West International Airport("the Airport's) and � desires to make properties that, through interior noise exposure testing, are determined LUU incompatible as a result of their exposure to aircraft noise compatible for residential r_ purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of � improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 12, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the Y P { ) - Page 1 of 5 �e 1llfet Internati�snal Airport CJIP�avi �fi�n Easement �wE3Ts Unit#af 1 t� Packet Pg. 860 C.20.c 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 201 Existing Condition Poise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013, G. The NIP will be administered in accordance with the current FAA Order 5100,38, ,airport Improvement Program Handbook. N. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual _ avigation easement, on terms as hereinafter set forth, p to the Subject NOW THEREFORE, for and inconsideration of the improvements to be made CL 06 Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both LU parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above„ the Property Owner and the BOCC agree as follows: i r 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the , property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever farm or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. UJ 0 . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC car its successor in interest as owner and > operator of the Airport.. . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BCC, and any and all related parties of the BCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west lnternationai Airport MP—Avigation Easement{Kw Ts Unit##A11 Q} Page 2 of 5� Packet Pg. 861 ,C.2p.c 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. CIL 06 LU 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of ,any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or >- provision contained herein is held invalid, void or illegal by any court of competent LU 'U jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LUU 0 8. In the event the Airport shall be subdivided into more than one parcel, or the Airport 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 otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC.. Key West international Airport NIP—Avigation Easement(KWBTS Unit#At 1 G) rage 3 of 5 Packet Pg. 862 ,C.2p.c This Easement Agreement is executed as of the date first above written. - ....... PROPS TY 0 PROP TY OWNER: 7 Signature Signature - ,. - Printed Nate Printed Name Late Late - 40-'IN, Notary Pubfic State of Floncia STATE OF T'Au'l \(-A(-)A Jessica L Wallace COUNTY Q ` iLitz, __ -� xptras 0 121/2021 253602 The foregoing instrument was acknowledged before me this 2—' ?)day of !,CkV A 0 , ., ca by i Property Ow her Name(s) - CIL 06 x My Commission Expires" uj N tart'Public Signature ht I r r PROPER 0 N PROPERTY OWNER �- r Signature Signature t Printed Nate Panted Name Late Late uj _ 04408,144 STATE al= , f I � '+* COUNTY OF The foreoln g g instrument was acknowle' d. e tfll5 day of r " T' ° g - e( ) filly+Commission Expires !R Notary Public Si nature Key West International Airport NIP-Autgation Easement(KWB S Unit#A110) Page 4 of 5 Packet Pg. 863 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name Printed Name Signature Date Printed Name VFRNEY /�ec FFPROV M STATE OF FLORIDA PE J.MERCADO COUNTY OF MONROE COUNIYAITORNEY h® Cate The foregoing instrument was acknowledged before me this day of 20 06 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature W r r 0) ns Key West International Airport NIP—Avigation Easement(KWBTS Unit#A110) Page 5 of 5 Packet iPg. 864 Precareg revana Keturn 6o: Heather P. Faubert NIP Assistant Project Manager C.2Q.d THC, Inc. 3366 Sreckinridge Blvd., Suite Zoo Duluth, CA 3036 AVID TI N EASEMENT Key West International Airport- Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this L9 day of 2t � by"LAURE ANNE LUCE, as TRUSTEE of the Laure Anne Luce Revocall#e Trust Agreement dated August 17, 2015", hereinafter referred to as"the Property Owner," in favor z of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC.." RECITALS: CL A. The Property Owner is the fee simple titleholder to certain real property ("the Property") 06 LU located in Monroe County, Florida, more particularly described as follows: r 1 r Apartment Unit known as Unit 111aA, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Boob 589, at Page 370, of the Public Records of Monroe Counter, Florida. -� r r also identified as street address: "2601 S. Roosevelt Blvd., Unlit A111' B. The BOCC is the owner and operator of Ivey West International Airport("the Airport") and desires to male properties that, through interior noise exposure testing„ are determined LUU incompatible as a result of their exposure to aircraft noise compatible for residential r- purposes through the implementation of a Noise Insulation Program ("NIP") C. Under the NIP„ the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 4 dR 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. U. The funding source for said NIP will include funding from the United States government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC„ acting in its capacity as the owner and operator of the Airport. E, The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the Key Nest International Airport NIP—Avigatian Easement(KWBTS unit##A111) - Page 1 of Packet Pg. 865 'C.2Q.d 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 DIAL 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 heap accepted by the Federal Aviation Administration ("the FAA") on December 19, 2011 O. The NIP will be administered in accordance with the Current FAA Order 51 gg.88, Airport Improvement Program Handbook. 1­11. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject CL Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both 06 UJI parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: I r 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 purview of this Easement. LU 0 . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit o the BOCC or its successor in interest s owner and > operator of the Airport. 8. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all Claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and rather effects of the operation of the Airport or of aircraft landing or taking Taff at the Airport. Key west International Airport NIP—Avigation Easement( wB s Unit#A11 ) Page 2 of 4 Packet Pg. 866 C.20.d 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, damages, debts, liabilities, costs, attorneys' or experts fee„ or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Basement 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. , Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest In any matter arising under this, Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and coasts 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. CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. UJI , In the event the Airport shall be subdivided into more than one parcel, or the Airport or a .0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the B C , then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B , Key west international Airport NIP—Avigation Easement(KWBTs Unit#At 11) Page 3 of Packet Pg. 867 C.20.d This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: t� Signature? Signature Printed Name Printed Name 9-1 6 Date Date STATE OF COUNTY OF aOw4.R P The foregoing instrument was acknowledged before me this 2 day of I'��w G^�S/..��!� ��� U) by �•v O�AR�'• ��i Property Owner Name(s) Q1 : a MY MS Com er 17,2022 G 259557 4 My Commission Expires: �` 1 � �: Lu Not ublic Signifure ����jgr••pUgL•G•O •``��� fen-Vcv r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature ¢- Signature Printed Name Printed Name Signature Date Printed Name RNEY STATE OF FLORIDA P MERCADO COUNTY OF MONROE A ate The foregoing instrument was acknowledged before me this day of 120 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A111) Page 4 of PacketiPg. 868 Prepared V and-Return To: Heather P. Faubert C.20.e NIP Assistant Project Manager THC, Inc. 3300 Bre kinridge Blvd_ Suite 200 Duluth, GA 30096 A,VI ATION EASEMENT Frey West International Airport Oise Insulation Program yyc . . THIS EASEMENT AGREEMENT is entered into this ` 8 y of 20, 2L by "MI HAEL ALLEN FOWLER and LYNETTE KAY CABLE", hereinafter ' ferred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC," RECITALS. A. The Property Owner is the fee simple titleholder to certain real property ("the Property") CL located in Monroe County, Florida, more particularly described as follows: 06 r Apartment Unit known as Unit 209-A, Atlantic Tower, KEY WEST BY THE SEA, Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. also identified as street address: "2601 Sw Roosevelt Elrod., Unit A20 " N B, The BOCC is the owner and operator of Ivey West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). � q V 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 4 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. U. The funding source for said NIP will include funding from the Ignited Mates 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 operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BCCC's implementation of the NIP will benefit the Property Owner,and the Property by providing certain remedial sound Key west International Airport NIP—Avigation Easement(KWBTS Unit A209) rage 1 of 4 Packet Pg. 869 C.20.e i attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DN<_ 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 FAA") on December 19, 2013, O. 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 T EREFORE, for and in consideration of the improvements to be made to the Subject CIL Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both 06 LU parties, and in consideration and incorporation into this Avigtion Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: I r 1, The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its >_ successors and assigns, a perpetual avigation easement over the property. The use -� of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 purview of this Easement. c 0 . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, casts, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP_Av gation Easement(KWBTs Unit#A209) Page 2 of 4 Packet Pg. 870 C.2Q.e . This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person o the property. 5. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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 r party or that prty's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. CIL 7. No breach of any provision of this Agreement may be waived unless in writing. 'Waiver of 06 UJ 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 CNI may be amended only by written instrument executed by the parties in interest at the r time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement -� and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining previsions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU & In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport .. continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key west International Airport NIP—Avigation Easement(KWBT"s Unit#A 09) Page 3 of 4 Packet Pg. 871 C.20.e This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PR PERTY OWNER: Signature S' natu . 'C Printed Name Printed a e if L Date — Date STATE OF l COUNTY OF The foregoing instrument was acknowledqed before me this day of 20 by l Property Owner Na e(s) Notary Public State of Florida M Commission Ex e : My C L lla Y c y Comis9ion GG 253602 N tary Public Signature Expires 05/21/2021 r cv I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: N Signature Signature Printed Name 0) in Printed Name Signature Date ) > Printed Name couA O N STATE OF FLORIDA P ISTANT ATTORNEY _.. COUNTY OF MONROE Date r2c, The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature -------------------------------- Key West International Airport NIP—Avigation Easement(KWBTS Unit#A209) Page 4 of 4 Packet iPg. 872 Pre2ared BYand Return TO: Heather P. Fauert NIP Assistant Protect Manager C.2Q.f THC, Inc. 3000 Breckinridge Blvd'.; Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Ivey West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of 20.;.. by "JEAN DORREEWARD alkla JEAN PIER AN, as SUCCESSOR TRUSTEE of the Carl M. Merman Revocable Living Trust, under Agreement dated July 19, 2002", hereinafter referred to as "the Property Owner,` in favor of the MONROE COUNTY BOARD OF COUNT` COMMISSIONERS, a body politic and corporate„ hereinafter referred to as ca "BOCC." ,- RECITALS: CL A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows,- Apartment Uinit known as Unit 211®A, Atlantic Tower, KEY 'INFEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. -� r r also identified as street address: "2801 S. Roosevelt Blvd., Unit A211" B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"), C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the airport and ,Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the - Key west International Airport NIP-Auigation Easement(KWBTS Unit#A211) Page 1 of Packet Pg. 873 C.2Q.f 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 ("thee FAA") on December 19, 2013, O. 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. r- CL 06 NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: r 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all �- successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 Lu within the purview of this Easement. . This. Easement shall be perpetual in nature and shall bind and run with the title to the > property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, ttorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Avigation Easement(KWBTS Unit#A231) Page 2 of 4 Packet Pg. 874 C.2Q.f 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or pert 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. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all casts, damages and expenses incurred including, but not limited to, ttorney's fees and costs incurred in connection therewith, including appellate action. . to 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 Mate of Florida. CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of UJI any one breach of any provision of this Agreement shall not be deemed to be a waiver r 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 >- LU jurisdiction, the same shall be deemed severable from the remainder of this Agreement r and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If , such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. UJI . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a .0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the B , then and in that event the parties agree that sane > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West international Airport NiP—Av gation Easement(KWBT s Unit#A211) Pace 3 of 4 Packet Pg. 875 C.ZO.f This Easement Agreement is executed as of the date first above written. PRO RTY OWNER: PROPERTY OWNER: Signa re Signature :-f— '1XW41 6 Printed Name Printed Name Date ff Date STATE OF l V COUNTY OF The fore oing instrument was acknowledged before me this day of 2 by Property Owner Name(s) Notary PubhC State of Florida ® Jessi LWallace My Commission Expires: c 06 y Colaiion GG 25s6o2 gta,Pudiic Signature xp' s o5/21/2o2t cv I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: N Signature Signature Printed Name 0) Printed Name Signature Date > Printed Name Y "` STATE OF FLORIDA pMERCADO NTY COUNTY OF MONROE A !ST A C3 The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A211) Page 4 of Packet iPg. 876 Prepaired ByantiReturn.TO Heather P. Faubert NIP Assistant Project Manager C.2Q.g TI-I , Inc. oo Breckenridge Blvd., Suite 200 Duluth, GA 30096 AVI ATION EASEMENT Ivey West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of _ 20 , b "JUDITH A. LAVERY and PETER F. GRIFFITHS", hereinafter re rred to as"the Property Owner," in favor of the M NR E COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property" located in Monroe County, Florida, more particularly described as follows: CL 06 Apartment Unit known as Unit 308-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominiums, according to the Declaration of Condominium recorded in Official 1 Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. also identified as street address: "2801 S. Roosevelt Blvd., Unit A308" Co B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to mare properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce � interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BCC may have obtained under applicable laws. D. The funding source for said !NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982„ and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Boise Insulation Agreement with the BOCC. The Bt CC'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 Key west International Airport NIP—Av gation Easement(KWBTS unit#A308) Page 1 of 4 Packet Pg. 877 'C.2Q.g 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 FAA") on December 19, 2013. O. 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 BOOO a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CL 06 set forth above, the Property Owner and the BOLO 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 BOLO, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise ,and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the co 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 purview of this Easement. 2, This Easement shall be perpetual in nature and shall bind and run with the title to the LUU property and shall run to the benefit of the BOOO or its successor in interest as owner and .0 operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOLO, and any and all related parties of the BOOO, including but not limited to BOOO members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages„ debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but net 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 International Airport NIP Avigation Easement(KVVBTS Unit#A30 ) Cage 2 of 4 Packet Pg. 878 C.2Q.g . This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest„ claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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. CL 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of 06 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 prevision of this agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the l r time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement LU Co and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the B , then and in that event the parties agree that same `> shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B . Key West International Airport NIP—Avigation Easement(KWBTS Unit#A303) Page 3 of Packet Pg. 879 C.20.g This Easement Agreement is executed as of the date first above written. PR 17PWNER: PROPERTY OWNER: SigpTur a Si atu a ( to Printed Nam Printed Na Date Date , 01111*1""""""";11-- CARLOS ADRIAN GUZ AN STATE OF LemNotary Public,State of Texas Notary ID 12910752-6 COUNTY OF y Commission Expires 08m30 2020 The foregoing instrument was acknowledged before me thisZ7 day of 1204) by pe eaaL) 62c( L11 eCg _ Property Owner me(s) CL 06 My Commission Expires: Notary Public Signatur mow, C„ I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Co CD Signature Signature m Printed Name Printed Name Signature Date "" > Printed Name NY AP v m STATE OF FLORIDA -- PEDR J.MERCADO COUNTY OF MONROE matCOUNTY O Y 'Po The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A308) Page 4 of 4 Packet;Pg. 880 Heather F. F5-7yNe NIB Assistant Project Manager � C.2Q.h THC, Inc. 06 Breckenridge Blvd., Suite 200 Duluth, GA 30096 VIGA ION EASEMENT Key West�International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this T-11`81ay o � � � ���, �L 20.,,)C) , by "THOMAS G. WALKER, L URA S. ANDREWS and JACKIE M. A dKEWS", hereinafter referred to as "the Property ""wrier," in fever of the MONROE COUNTY BOARD z OF COUNTY COMMISSIONERS, a dy politic and corporate, hereinafter referred to as BOCC. 7 1-- RECITALS: A, The Property Owner is the fee sim ale titleholder to certain real property ("the Property") CL located in Monroe County, Florida, more particularly described as follows: 06 LU Apartment Unit known as Unit 3 9—A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Bock 589, at Page 370, of the Public Records of Monroe County, Florida. �. also identified as street address: "2601 S. Roosevelt Blvd., Unit A309 B. The B CC is the owner and operat r of Ivey West International Airport("the Airport") and desires to make properties that, thr ugh interior noise exposure testing, are determined W incompatible as a result of their e posure to aircraft noise compatible for residential LU purposes through the implementati n of a Noise Insulation Program "NIP") C. Under the NIP, the Airport will esi n and install or p g pay for the installation of improvements and modifications to he Property Owner's Property necessary to reduce interior noise levels at least 5 dB ar�d to bring the average interior noise level below 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a B+GCC condition of participation in the NIP. The Easement 0 will supersede any implied or prescriptive easements that the BCC may have obtained under applicable laws. U. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway improvement Act of 1982, and will include funding from the BCICC, acting in its capacity as the owner ;and operator of the Airport. i E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the B CC. The B CC'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 Key west International Airport NIP-Avigatlon Easement(KWBTS Unit A309) Page 1 of 5 Packet Pg. 881 i C.2Q.h 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 Ma accepted by the Federal aviation Administration ("the FAA") 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 to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CIL 06 parties, and in consideration and incorporation into this Avi ation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows. N 1. The Property Owner on behalf of he Property Owner and its heirs, assigns and all successors in interest, does hereby, grant, bargain, sell and convey to the BCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or , future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all su h Airport activity shall be deemed to be included within the purview of this Easement. LU . This Easement shall be perpetual irk, nature and shall bind and run with the title to the 0 property and shall run to the benefit off, the BOCC or its successor in interest as owner and operator of the Airport. LM 8. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCCI members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of ak tion of every Find or nature for which the Property Owner or its heirs, assigns, or succ ssors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking; off at the Airport.. Key West international Airport NIP—Avigation Easement(KVV3T a Unit A309) Page 2 of 5 Packet Pg. 882 C.2Q.h 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury' caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or and of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred inluding, 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 representa ive drafted such provision. This Agreement shall be interpreted and construed accordin to the laws of the State of Florida. CL 7. No breach of any prevision of this A reement may be waived unless in writing, Waiver of06 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 an other provision of this Agreement. This Agreement may be amended only by written k strum ent executed by the parties in Interest at the time of the modification, In the assent that any one or more covenant, condition or provision contained herein is held linvali } void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or nvalidate any other provision hereof so long as the remaining provisions do not materia'lly alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition o other provision shall be deemed valid to the extent of the scope or breadth permitted b law. ILU . In the event the Airport shall be sub ivided into more than one parcel, or the airport or a 2 portion thereof becomes subject to peration, management or administration by a party in addition to or in lieu of the B CC,1 then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall' bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BCC. I Key west International Airport NIP—Avigation Easement(KWBTs Unit#A309) � Page 3 of 5 Packet Pg. 883 i C.2Q.h This Easement Agreement is executed S of the date first above written. i PROPERTY OWNER: PREP RTY 0 N ure � tUre Printed Name Printed Name ate Date STATE OF fir 1 [ COUNTY OF The foregoing instrument was acknowledged before me this day of_ j by lhi ' .. '), -� f{ Pr perty Owner Name(s) a®NOIyJtI4$fil7 Ii1/ro�. CL 06 s a My Commission Expires � � + �t W w ea rY Pu is n Nay+comlra.Expire �C � Sept.24,zuZI OPERTY GINNER. PROPERTY OWNER: ER. ''<�,,trj�r , � IrO UJI �- { kt l i 1? ature c Signature �s Printed Name Printed Name Date date UJI �. STATE OF � (.s �. � ° COUNTY OF a 7 > I The foregoing instrument was acknowledged b fore me this day of 202 $ f# Pro 3erty Owner Name(s) r- 4 My Commission Expires: . 1` ,�era�uatasu�rr,rr�rrr>, ti Comm.Expires y' m Sept.24,2p21 Comm,#GG 145354 LP 'OUB xf'jdfdd Cll 19a45 `4x��`- €(ey West International Airport NIP—Avigatlon Easement(KVV TS Unit#A309) Page 4 of a Packet Pg. 884 C.20.h PROPERTY OWNER: PROPERTY OWNER: Signature Signature Printed Name Printed Name Date Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by Property Owner Name(s) My Commission Expires: Notary Public Signature CL 06 cv I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name 0) Printed Name Signature ns Date Printed Name NEY F®PRM STATE OF FLORIDA PE J.MERCADC _ 03 COUNTY OF MONROE ate __.. N O The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A309) Page 5 of 5 Packet;Pg. 88`5 r-ru are l oY driu rail LUM i u Heather P. Faubert NIP Assistant Project Manager THc, Inc. 3300 Breckenridge Blvd., Suite 200 Duluth, GA 39996 AVIGATION EASEMENT T Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this JIL day of ko—V 20 " by"HEATHER L. EADEH, CHANTAL EADEH GOLBER+G and LE'SLIE `. DEH, as SUCCESSOR CO-TRUSTEES of the Ernest C. Eadeh (Revocable) Deed of Trust dated June 28, 200�4", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY" COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: a. A. The Property Owner is the fee simple titleholder to certain real property ("the Property") 06 LU located in Monroe County, Florida, more particularly described as follows: r I Apartment Unit known as Unit 10-A, Atlantic Tower, KEY WEST BY THE SEA, Condominium, according to the Declaration of Condominium recorded in Official �. Records Book 588, at Page 370, of the Public Records of Monroe County, Florida. r also identified as street address: "2601 S. Roosevelt Blvd., Unit A 10" B. The BOCC is the owner and operator of Key West International Airport("the Airport") and � desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP").. C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D, The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC"s implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial' sound Ivey West International Airport NIP—Avigation Easement(KVVBTs Unit#A310) Page 1 of 6 Packet Pg. 886 G.2Q.i 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 t e 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 FAA") on December 19, 2013. O. 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 to be made to the Subject CL Property through the NIP, the receipt and adequacy of which is hereby acknowledged by bath 06 UJI parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: I 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its >_ successors and assigns, a perpetual avigation easement over the property. The use -� of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 purview of this Easement. UJI JI 0 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees; from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport.. Ivey West International Airport NIP—Avlgation Easement(KW Ts Unit#A 10) Page 2 of Packet Pg. 887 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorne '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 Mate of Florida. CL . No breach of any provision of this Agreement may be waived unless in writing. 'waiver of 06 UJ any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall be subdivided into more than one parcel, or the Airport 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 otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Ivey West International Airport NIP—Avigation Easement(KWBTS Knit#A310) Page 3 of Packet Pg. 888 C.20.i This Easement A reement is executed as of the data first above written. PROPERTY OWNER: PROPERTY OWNER: a Signature Lci de Printed Name Printed Name Date STATE OF — COUNTY OF , The foregoing instrument was acknowledged before me this day of 20id ca by I Property owner Name(s) CL My Commission Ceatttr t Pennsylvania-Notary t 06 otary Pul�llo gn ure TA EY N. BA.LLARD, Notary Pubtic UJI Chester County . ._. Corr'mr ion Number 1006090 UJI r r __ _.... 0 R 0 ROPERTY OWNER: Q M Signature _ Panted Name Printed Name UJI Date Data,` = STATE OF COUNTY OF The foregoing instrument was acknowledged before role this day of _ g � by _ Propeq&wner Names Myornmrssion Expires. f otary Public Si na re Uilvl- Commonwealth of Pennsylvania Notary Seall T CEY Hi LLA,R ,,Notary Pubtlic Chester County MY Commission Expires December 7,2022 Corr mission Number 1 Key West internatronai Airport NIP—Rvigation Easement(KW'STS Unit#A31 C) Page 4 of Packet Pg. 889 C.2Q. PRO RTY WNE JQ�'jPROPERTY OWNER: Signature Signature. Printed Name Printed Na Date I Me STATE OF COUNTY OF The foregoing instrument was acknowledged before me t i a of + �, , 2020 by Property Owner Name(s) My Commission Expi /7/ZO Z?�_ Notary Public S gn ture Commonwealth of Pennsylvania-Notary t CL ___.._ STACEY N. BALIARD,Notary Public 06 Chester County My Commission Expires December 7,2022 MONROE COUNTY BOARD OF COUNTY COMMISSION . N I WITNESSES: MAYOR: CD Signature Signature Printed Name ¢- Printed Name 0) Signature Date Printed Name NROE RN A M > STATE OF FLORIDA P ISTA COUNTY ATTORNEY COUNTY OF MONROE D t Zo The foregoing instrument was acknowledged before me this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A310) Page 5 of 5 Packet iPg. 890 Prepared By and Return To: Heather P. Faubert NIP Assistant Project Manager C.20.j THc, Inc. 3300 Breckinridge Blvd,, Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT ENT AGREEMENT i TRUSTEE s entered into this �Ite day of .. 20 - , by ATTHE G. EL ERICH, T U of at elrne —} bi theuw ( . rich Living Trust dated January 17, 2005, restated March 14, 20 ", hereinafter referred to as "the z Property Owner," in fever of the MONF OE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS, A. The Property Owner is the fee simple titleholder to certain reel property ("the Property") CL located in Monroe County, Florida, more particularly described as follows: 06 LU Apartment Unit known as Unit 11-A Atlantic Tower, KEY WEST BY THE SEA, a r Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. �. also identified as street address: `F2 01 S. Roosevelt Blvd., Unit A311" P. The EOCC is the owner and operator of Ivey West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"): C. Under the NIP, the Airport will design and install or pay for the installation o 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 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a UOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws,. U. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, ,acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the EOCC. The BOCC's implementation of the NIP will benefitthe Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary Key West International Airport NIP—Avigation Easement(KWBTS Unit#A311) Page 1 of Packet Pg. 891 C.20.j 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 FAA") on December 19, 2013, O. 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. O THEREFORE, forand in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CL 06 parties, and in consideration and incorporation into this .Avigation Easement of the recitals UJI set forth above, the Property Owner and the BOCC agree as follows: r 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 aviation 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 purview of this Easement. UJI 2. This Easement shall be perpetual in nature and shall bind and run with the title to the °0 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 release the 'BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants„ employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use oft is 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 flaking off at the Airport. 4. This Easement expressly excludes and reserves to the Property Owner and to the Key West 6ntecnati®na(Airport NIP—Avig tion Easement(KWBTS Unit#A311) Page 2 of 4 Packet Pg. 892 C.2Q.j Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert"s fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any prevision 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 provision of this Agreement may be waived unless in writing. Waiver of CL any one breach of any provision of this Agreement shall not be deemed to be a waiver 06 LU 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 r prevision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement >- and shall in no way affect, impair or invalidate any other provision hereof so long as the LU remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. In the event the Airport shall be subdivided into more than one parcel, or the Airport or a LU portion thereof becomes subject to operation, management or administration by a party 0 in addition to or in lieu of the BOO, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport .5 continues to operate for standard airport flight purposes„ and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the SO . Key West International Airport NIP—Avigation Easement(KVVBTS Unit#A311) Page 3 of 4 Packet Pg. 893 C.2Q.j This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: SignatUJAe' V T Signature AM&Waline Printed Name Date 1 Date STATE OF \ mil COUNTY OF MD`n R�Ei The foregoing instrument was acknowledged before me this2 Uday ofdx�lulaa , 20 by Property Owner Name(s) Notery Public State of Florida ® Jessica L Walla M Commission Ex 06 y com ismon GG 253602 Y Expires 05/21/2021 ary Public Signature ~ cv I r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature W Printed Name m m Printed Name Signature m Date Printed Name m STATE OF FLORIDA J. COUNTY OF MONROE Date r The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. y Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A311) Page 4 of Packet iPg. 894 Prepared BYand Return To". Heather P. Faubert NIP Assistant Project Manager C.20.k H , Inc. 3300 Brec inridge Blvd., Suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key West International Airport Noise Insulation Program . w THIS EASEMENT AGREEMENT is entered into this&Iq da yof 20 90 , by"MARK H. MURPHEY and JOAN E. IMIIURPHEY „, hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: r A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: CL 06 LU Apartment Unit known as Unit 408-A, Atlantic Tower, KEY WEST BY THE SEA, Condominium, according to the Declaration of Condominium recorded in Official i r Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt lard.„ Unit A 8" -� Co B. The BOCC is the owner and operator of ley West International Airport("the Airport") and desires to male properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). LU 0 C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 198 , and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Boise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial soured attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 d8 and bring the average Key West International Airport NIP—Av gation Easement(KWBTS Unit##A408) Page 1 of 4 Packet Pg. 895 C.20.k 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 FAA") on December 10, 2010. 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 to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CL 06 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 04 successors in interest, does hereby grant, bargain, sell and convey to the B , its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the co property. This Easement shall apply to all such aircraft activity at the Airport, present or future„ in whatever fora or type, during operation at, on, to or from the Airport, and it being , the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement, 2. This Easement shall be perpetual in nature and shall bind and run with the title tote UJI JI property and shall run to the benefit of the BOCC or its successor in interest as owner and' operator of the Airport. 0. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BCC, and any and all related parties of the B including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mientioned property or contiguous property due to noise„ and other effects of the operation of the Airport or of aircraft landing or taping off at the Airport. Key West International Airport NIP—Avigation Easement(KWBTS Unit#A408) Page 2 of 4 Packet Pg. 896 C.20.k 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, damages, debts, liabilities, costs, attorneys' or epert'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. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this .Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. 8° 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 shrill be interpreted and construed according to the laws of the State of Florida, CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification, In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement Co and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties, If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same > shall not terminate or otherwise affect this.. Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the property by or on behalf of the IOCC. ...-. . ......_ . ._. ..... Key West Internationat Airport NJP—Avigation Easement(KWBTs Unit#A408) Page 3 of 4 Packet Pg. 897 C.20.k This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: Si nature Si ture m Al ! P Inted Name Printed Name ® / _ I - Date Date STATE OF— T(DT L Q COUNTY OF The foregoing instrument was acknowledged before me this�_ 1 day of )2VIA 20 U) by Property O ner Name( ) Notary Public State of Florida CL ., Jessica L Wallace My Commission ExpirL:*%9Pj Ex06 pires 05/21/20ommislion 21 253602 Vary Public Signature r cv I r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: 00 CD Signature Signature Printed Name Printed Name Signature Date Printed Name M u NEY • t_'''t E STATE OF FLORIDA PE MERCADO ASSI COUNTY OF MONROE 6 The foregoing instrument was acknowledged before me this day of 2 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A408) Page 4 of 4 Packet iPg. 898 Prepered By and Return TO: Heather P. Faubert NIP Assistant Project Manager THC, Inc. 300 Breckinridge Blvd., Suite 200 Duluth, CAA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program . THIS EASEMENT AGREEMENT is entered into this day f 20 0-0 , by "'1 ILLIAM H. NICCOY, III and MARILYN K. MCCOY, husband and wife" hereinafter referred to as "the Property Owner," in favor of the M NR{ E COUNTY BOARD F COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as 'BCC." - RECITAL A. The Property Owner is the fee simple titleholder to certain real property ("the Property" located in Monroe County, Florida, more particularly described as follows: 06 UJ Apartment Unit known as Unit 409-A, Atlantic Tower, KEY WEST BY THE SEA, a � Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. also identified as street address! "2801 S. Roosevelt Blvd., Unit A409" B. The BOCC is the owner and operator of Ivey West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined W incompatible as a result of their exposure to aircraft noise compatible for residential U purposes through the implementation of a Noise Insulation Program ("NIP"). r- 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 brim the average interior noise level below 4 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 BCC may have obtained under applicable laws. D3 The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property {owner Noise Insulation Agreement with the BOCC. 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 .e. Key West International Airport NIP—Avigation Easement(KWBTS Unit A40 ) Page I of 4 Packet Pg. 899 C.20.1, 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 Norse Exposure Map accepted by the Federal Aviation Administration ("the FAA") on 'December 19, 2013. G. The NIP' will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook, K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CIL 06 parties, and in consideration and incorporation into this Avigation Easement of the recitals LU set forth above, the Property Owner and the BOCC agree as follows: r N 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 purview of this Easement. LU 2, This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. > . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the B , and any and all related parties of the BOCCI including but not limited to BOCC members„ officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney"s fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and ether effects of the operation of the Airport or of aircraft landing or talking off at the Airport. Key blest International Airport NI —Avi ation Easement(KVVBTS Unit#A409) Page 2 of 4 Packet Pg. 900 C.20.1, 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, damages, debts, liabilities, Costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising, under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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. CL 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of 06 LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breadh of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, Condition or provision contained herein is held invalid, void or illegal by any, court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same `> shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(KWBTS Unit A409) Page 3 of 4 Packet Pg. 901 C.20.1 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: R �P 222 /I ) T C ca Signature t gnatur9 n Printed Name P Name /� /a0 97?-q I Z(5 2s� Date Date STATE OF 1I j)T-1 COUNTY OFI� c1�C, The foregoing instrument was acknowledged before me t/h�is l9day of 20M � b Hal �) \AM�am Property Owner Name(s) Notary Public State of Florida 06 My Commission Ex e : Jessica L Wallace uj My commission GG 253602 tary Public Signature aw Expires 05/21/2021 r cv I r r MONROE COUNTY BOARD OF COUNTYI I . WITNESSES: MAYOR: Signature Signature Printed Name N Printed Name Signature Date Printed Name ® COU A E1P DPP D TO STATE OF FLORIDA PEDRO J. COUNTY OF MONROE ASSI NTYATTORNEY Dat - The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A409) Page 4 of 4 Packet;Pg. 902 Prepared By and ReturnTo: Heather P. Faubert NIP .Assistant Project Manager C.20.m TH , Inc. Cho Breckinridge Blvd., Suite Zoo Duluth, GA 30096 .AVI ATIQ►N EASEMENT Kay West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this ® day of 20 c2t, by "Ll[NDA, SATZ" hereinafter referred to as "the Property Owner," in favor of the IWI I R E COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and z corporate, hereinafter referred to as "B ." RECITALS: r A. The Property Owner is the fee simple titleholder to certain real property ("the Property" located in Monroe County, Florida, more particularly described as follows: CL 06 UJ Apartment Unit known as Unit 4100-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium) recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe Counter, Florida. also identified as street address; "2601 S. Roosevelt Blvd., Unit A410" r B. The BOCC is the owner and operator of Ivey"west International Airport("the Airport") and desires to male properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential W purposes through the implementation of a Noise Insulation Program ("NIP").. � c 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 4 dB in accordance with Federal Aviation Administration policy. Granting of an Aviation Easement ('Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D� The funding source for said TIP will include funding from the United Mates Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner poise Insulation Agreement with the BOCC. The BCC's implementations 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 Key West International Airport NIP—Avig@tian Easement(KWBTS Unit#A414) Page 1 of 4 Packet Pg. 903 C.20.m 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 FAA") 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 to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CIL 06 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 BOO , its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever fora or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. . This Easement shall be perpetual in nature and shall bind and run with the title to the Lu 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 release the BO , and any and all related parties of the Btu including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. _ .._....... Key west International Airport NIP--Avigatian Easement(KWBTS Unit#A41 Q) Page 2 of 4 Packet Pg. 904 C.20.m 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes ses 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. . Should either party hereto or any of their successors or assigns In interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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. CL 06 . No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BO , then and in that event the parties agree that same `> shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder, g, The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B . Key West International Airport NIP—Av tg,ation Easement(KWBTS Unit#A410) Page 3 of 4 Packet Pg. 905 C.20.m This Easement Agreement is executed as of the date first above written. PROPERTY O NE : PROPERTY OWNER: Signature. Signature Printed Naiie Printed Name \ l �6 Date Date STATE OF DX COUNTY OF The foregoing instrument was acknowledged before me this day ofIZMV�j , 20 U) by Q L Property Owner Name(s) Notary Public State o!Florida CL if AJess' LWallace My Commission Expire G y Comislion GG 253602 ary Public Signature a Expires 05/21/2021 r cv I r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: `✓ Signature Signature Printed Name � m Printed Name " Signature m Date _--._......_ w Printed Name N STATE OF FLORIDA fin' D J. ADO COUNTY OF MONROE Date 0 The foregoing instrument was acknowledged before me this day of , 2 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A410) Page 4 of Packet;Pg. 906 Pre ared By and RetyrnTo: Heather P. Fauberk NIP Assistant Project Manager C.20.n THC, Inc. 3300 Breckinridge Blvd,, Suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key West. International Airport Noise Insulation Program 1, THIS EASEMENT AGREEMENT EDIT is entered into this*30 day of J . a_ .. 20 - , by"WILLIAM G. MELCHIOR, SR.", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body z politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property„) located in Monroe County, Florida, more particularly described as follows: CL 06 UJ Apartment Unit known as Unit 411-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official � Records Book 569, at Page 370, of the Public Records of Monroe County, Florida. also identif led as street address: "°2601 S. Roosevelt Blvd., Unit A41 " r r B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to mare properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential W purposes through the implementation of a. Noise Insulation Program ("NIP"). � c C. lender 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 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United Mates 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 operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 ®NL indoor noise levels of at least 5 dB and bring the average Key West International Airport NIP—Avigation Easement(KVVBTs Unit##A411) Page 1 of 4 Packet Pg. 907 C.20.n 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 FAA") on December 19, 2013. O. 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 aviation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CL 06 set forth above, the Property Owner and the BOCC agree as follows; UJ 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 BOO, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other �- effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever 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 purview of this Easement. . This Easement shall) be perpetual in nature and shall bind and run with the title to the Ili� property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. The Property Owner on behalf of the Property Owner, its heirs„ assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the EO including but not limited to BOO members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. ---------- KeyWest International Airport NIP—Auigation Easement(KWWBTS Unit#A411) Page 2 of 4 Packet Pg. 908 !C.20.n 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property 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 counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorne 's fees and Costs incurred in connection therewith, including ,appellate action. 5. No provision of this Agreement is to be interpreted for or against any party because that 1-- Ca 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. CL 06 No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU any one breach of any prevision of this. Agreement shall not be deemed to be a waives of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not Materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or ether provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portion thereof becomes subject to operation, management or administration by a party LM in addition to or in lieu of the BO , then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsible for all Costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BO . Key West International Airport NIP®Avigat on Easement(KWBTS unit#A41 t) Page 3 of 4 Packet Pg. 909 C.20.n This Easement Agreement is executed as of the date first above written. PR P RTY OWNER: PROPERTY OWNER: Signature Signature I Alliriy✓1 M lyt7°dt'' Printed Name Printed Name Date Date STATE OF k- C� COUNTY OF OC�C1. ` The foregoing instrument was acknowledged before me this day of 2 by Property Owner Name(s) Notary Public state of Florida CL Jessica L Walla My Commission Expire f y Commission GG 253602 t Public Signature Expires 05/21/2021 cv I r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature m Printed Name in Printed Name " Signature Date Printed NameON C STATE OF FLORIDA AEy T � 1 ._ e�c Y m PEDROJ MERCADO COUNTY OF MONROE ASSISTA The foregoing instrument was acknowledged before me this day of 120 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A411) Page 4 of Packet;Pg. 910 Prepared By and Return To: Heather P. Faubert NIP Assistant Project (Manager C.20.o THC, Inc, 3300 Breckinridge Blvd., Suite 29 Duluth, CA 30096 AVI ATION EASEMENT Keys '((Nest International Airport Noise Insulation Program i HI A EM NT AGREEMENT is entered into this day of l 20 � , by "ALBERT R. ROMANO and RACHELLE M. RQ ANO", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOC .,, RECITALS: I- A. The Property Owner Is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: CIL 06 Apartment Unit known as Unit 508- , Atlantic Tower, KEY WEST BY THE SEA, a Condominiums, according to the Declaration of Condominium recorded in Official r Records Book 589, at page 370, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit A508" co -� LO E. The BOCC is the owner and operator of Ivey West International Airport(tithe Airport") and desires to make properties that, through Interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). LIJ IJ 0 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 clB and to bring the average interior noise level below 45 dR in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement`,) is a ECCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BCCC may have obtained under applicable laws. ©. The funding source for said NIP will include funding from the united States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BCC. The B+ CC'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 dR and bring the average Key west International Airport NIP—Avigation Easement(KW TS Unit#kA508) Page 1 of 4 Packet Pg. 911 C.2Q.o 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 FAA") on December 19, 2013, O. The NIP will be administered in accordance with the current FAA Order 5100, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CIL set forth above, the Property owner and the BOCC agree as follows; 06 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property, The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the co property. This Easement shall apply to all such aircraft activity at the Airport, present orLO 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 purview of this Easement. . This Easement shall be perpetual in nature and shall bind and run with the title to the LU property and shall run to the benefit of the BOCC or its successor in interest as owner and 0 operator of the Airport. . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and ,all related parties of the BOCC, including but not limited to BOCC members, officers; managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, oasts, ttorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Avigation Easement(KWBTS Unit#A CC ) Page e 2 of Packet Pg. 912 C.20.o 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or past 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. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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 part 's legal representative drafted such provision, This Agreement shall be interpreted and construed according to the laws of the State of Florida. CL 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of 06 any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement, This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement Co and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid tot e extent of the scope or breadth permitted by law. In the event the Airport shall be subdivided into more than one parcel, or the Airport or 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 otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigatian Easement(K4vBTS unit#A O8) Page 3 of 4 Packet Pg. 913 C.20.o This Easem greeme' t is executed as of the date first above written. P E Z1 - 13 TY O R: ign a ure R�r g, OA.L ?. ` Lam ll Prin ed me Printed Name 30 .. Date [ Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 'day of L.. 20 by Property Owner Name(s) / CL % Notary Public state of Florida My Commission Expir :'� Jessica L Wallace 06 c My Commis6ion GG 253602 N tary Public Signature a Expires 0512112021 r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Co CD LO Signature Signature 0) Printed Name 0) in m Printed Name s= G Signature Date � Printed Name NP COU A NEY AP ovE T STATE OF FLORIDA PEDRO _ COUNTY OF MONROE ASSI OUNTY ATTORNEY Date The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A508) Page 4 of 4 Packet iPg. 914 Prepared E and Return To: Heather P, Faubert NIA' Assistant Project Manager C.2Q.p THC, Inc. 0 Breckinridge Blvd., suite Zoo Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of 0 PC , by "PAT RICK J. MURP Y and JUDITH A. MURPHY", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: r A. The Property Owner is the fee simple titleholder to certain real property "the Property„) located in Monroe County, Florida, more particularly described as follows: CIL 06 LU Apartment Unit known as Unit 509-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official r Records Book 589, at Page 370, of the Public Records of Monroe County, Florida.. also identified as street address. `2601 S. Roosevelt Blvd., Unit A509" -� LO B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to snake properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"), 0 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 4 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. U. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 Key West International Airport NI —Avigation Easement(Kwl3Ts Unit#A 09) Page 1 of 4 Packet Pg. 915 C.2Q.p 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 (lithe FAA") on December 19, 2013, G. The NIP will be administered in accordance with the current FAA Order 5,100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the B CC a perpetual avigaltion easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by bath parties, and in consideration and incorporation into this Avigation Easement of the recitals CIL 06 set forth above, the Property Owner and the BCC agree as follows: I. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present orLO future, in whatever farm or type, during operation at, on, to or from the Airport, and it being , the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the B CC or its successor in interest as owner and operator of the Airport. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, Including but not limited to BCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Avigation basement(KWBTS Unit A509) Page 2 of 4 Packet Pg. 916 C.20.p 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, damages, debts, liabilities, costs, attorneys' or epert'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. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. Cn . No provision of this Agreement is to be interpreted for or against any party because that Ca party or that party's legal representative drafted such provision. This.Agreement shall be interpreted and construed according to the laws of the Mate of Florida. CL 7. No breach of any provision of this Agreement may be waived unless in writing. 'Waiver of 06 LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement UJI and shall in no way affect, impair or invalidate any other prevision hereof so long as the CD LO remaining provisions do not materially alter the rights and obligations of the parties, if such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. LU In the event the Airport shall be subdivided into more than one parcel, or the Airport or a C portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same `> shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BO . Ike,West International Airport NIP--Avi ation Easement(KWBTs unit A549) Rage 3 of 4 Packet Pg.917 C.20.p This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: Si"I- 2" � -5 ature S a re / L ri�ed Name Printed Name Date Date STATE OF COUNTY OF J t1 The foregoing instrument was acknowledged before me this Wday of C 20 by :POJ- Property Owner Name(s) Notary Public State of Florida CL Jess°' LWallace My Commission Expire `- My Commission G 253602 of ry Public Signature w Expires 05/2tf2021 cv I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: CD LO Signature ¢- Signature Printed Name Printed Name Signature Date Printed NameCOU A NEY RO STATE OF FLORIDA pip OUNTY OR COUNTY OF MONROE Y � The foregoing instrument was acknowledged before me this day of , 2 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP-Avigation Easement(KWBTS Unit#A509) Page 4 of Packet;Pg. 918 Pre aced By and Return To: Heather P. Faubert NIP Assistant Project Manager C.20.q THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key West International Airport Noise Insulation Program 711 THIS EASEMENT AGREEMENT is entered into this�0 day of � � 20 00 , by"HENRY MICHAEL TROST and SUSAN E. T O T", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY z COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITAL r A. The Property Owner is the fee simple titleholder to Certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: CL 06 ILU Apartment Unit known as Unit 510-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Stook 589, at Page 370, of the Public Records of Monroe County, Florida, also identified as street address: "2601 S. Roosevelt Blvd., Unit A510" r LO B. The BOCC is the owner and operator of Key West International Airport(„the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). 0 C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Properly necessary to reduce interior noise levels at least 5 d6 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 N:IP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the united Mates Government pursuant to the Airport and Airway Improvement Act of 198 , and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 Key Nest International Airport NIP—Avigation Easement(KWBTS unit##A51 G) Page 1 of 4 Packet Pg. 919 C.2Q.q interior noise level bellow 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 FAA") on December 19, 2011 C. 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 to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CIL 06 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 avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present orLO 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 purview of this Easement. . This Easement shall be perpetual in nature and shall bind and run with the title to the LUU property and shall run to the benefit of the BOCC or its successor in interest as owner and .0 operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, Costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess., as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(KWBTS Unit#A51 Q) Page 2 of 4 Packet Pg. 920 C.2Q.q . This Basement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Basement that does identifiable physical damage to the property or injury to a person can the property by coming into direct physical contact with the property or the person on the property. 6. Should either party hereto or any of their successors or assigns in interest retain Counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. . No prevision of this Agreement is to be interpreted for or against any party because that 1— party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the Mate of Florida. CIL No breach of any provision of this Agreement may be waived unless in writing. Waiver of 06 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 >- jurisdction, the same shall be deemed severable from the remainder of this Agreement UJI and shall in no way affect, impair or invalidate any other provision hereof so long as the LO remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by laws. LU 6. In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any soured attenuation materials and equipment installed in the Property by or on behalf of the BCC. Key West internationai Airport NIP—Avigation Easement(KVVBTs Unit#A51 Q) Page 3 of 4 Packet Pg. 921 C.20.q This Easement Agreement is executed as of the date first above written. P E R: PROPERTY OWNER: Signs re - Signature Printed Name Printed N e C Date } Date STATE OF COUNTY OF C) \1� The foregoing instrument was acknowledged before me this day of b l by Property Owner Name(s) CL ' Notary Pudic State of Florida My Commission Expire ;� Jessica L Walla o ry Public Signature YV , e y Coistion GG 253602 xpires 05/211 021 r N I r MONROE COUNTY BOARD OF COUNTY COMMIS WITNESSES: MAYOR: LO Signature ¢- Signature m Printed Name m Printed Name " Signature Date > Printed Name v � . F;N STATE OF FLORIDA ° COUNTY OF MONROE ASSISTAN COUNTY ATTORNEY7 Dato C The foregoing instrument was acknowledged before me this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A510) Page 4 of 4 Packet iPg. 922 r-1U1241God coy 41JU rRCPLUl9'..i. !U. Heather P Fauber NIP Assistant Project Manager C.2Q.r THC, Inc. 3300 Breckinridge Blvd., suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key 'west International Airport Noise Insulation Program THIS EASEMENT AGREEMENT i entered into this �' day of '� .,� } 20 0 , by"BRUCE L. GREEN and ARLETT P. C+'EII_IER", hereinafter referred t6 as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY z COMMISSIONERS, a body politic and corporate, hereinafter referred to as `°BGCC." RECITALS: p property ("the Property") A. The PropertyOwner Is the fee simple titleholder to certain real located in Monroe County, Florida, more particularly described as follows: CIL 06 Apartment Unit known as Unit 511-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 70, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit A 1 " r r LO B. The BGCC is the owner and operator of Key West International Airport("the Airport,) and desires to snake properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP'). C° Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Aviation Easement ("Easement") is a B+ CC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BCCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BCCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BtCC. The B ►CC'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 Key West International Airport NIP—Avigation Easement(KWBTs Unit#fA511) Page I of d Packet Pg. 923 C.20.r 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 FAA") 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 avigtion easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals CIL set forth above, the Property Owner and the BOCC agree as follows: 06 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 EO, , its successors and assigns, a perpetual avigtion easement over the property. The use of the Easement shall include the right to venerate 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 LO 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 purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the UJ property and shall run to the benefit of the BOCC or its successor in interest as owner and 0 operator of the Airport. . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the P , and any and all related parties of the BO including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taping off at the Airport. ------------- Key West International Airport NIP—Avigation Easement(KVVBTS Unit#A51 1) Page 2 of 4 Packet Pg. 924 C.20.r 4. This Basement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fees 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. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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 Mate of Florida. CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU any one breach of any provision of this Agreement shall not be deemed to be a waiver of any ether breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification: In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the LO remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth„ such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law, UJ ° In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 0 portion thereof becomes subject to operation, management or administration by a party LM in addition to or in lieu of the B , then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BBC, -- ........—. Key West International Airport NIP—Avigation Easement(KWBTS unit#A11) Page 3 of Packet Pg. 925 C.2Q.r This Easement Agreement is executed as of the date first above written. PROPERTY ER: PROPERTY OWNER: @ y. Signature Signature Panted Name Printed Name Date Date ADINA E TOMA STATE OFV Notary Public Commonwealth of virginia .� COUNTY OF 1 Registration No. 7693503 My Commission Expires Dec 31.2020 The foregoing instrument was acknowledged before me this day of ��-- -U00'r— 20_�7 by Property Owner Name(s) CL 06 4:-)06� My Commission Expires: ' Notary Public Signature r I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: uO Signature Signature Printed Name Printed Name Signature Date > Printed Name COU EAD M STATE OF FLORIDA " " PEDRYJ.MERCADO COUNTY OF MONROE t The foregoing instrument was acknowledged before me this day of , 2 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A511) Page 4 of 4 Packet;Pg. 926 COMMONWEALTH CERTIFIED COPY OF DEATH RECORD C.2Q.r COMMONWEALTH OF VIII - CERTIFICATE OF DEATH COPY A DEPARTMENT OF HEALTH-DIVISION OF pV®ITAL RECORDS•RICHMOND FOR DIVISION OF AREA NUMBER A NUMBER ATE MEDICAL EXAMINER'S NUM NUMBER VITAL RECORDS /I CERTIFICATE DECEDENT t OF DECEDENT (krst) (mic'dIa) Qast) ® 2 SEX male tamale 3.DATE OF .. . _ 5,DATE OF "�- ""...` DEATH (mo.) (dayl (year) a.AGE fF UNDER t YEAR gF UNDER a DAY_ qmo.) (day) tyear) 6 WAS DECE NT mmrhs�T_day.®__ hours ®e®minures' BIRTH1 EVER IN U S yes r«r i i s I {` ��/ ARMED FORCES _ Yearsm ` V u PLAN OF 7. AL OR INSTITUTION OF DEATH(d none.50 slate) 1 Qul Pal. B COUNTY OF DEATH (duidependerd erry leave blank) NTH II DOA Enter Am Inpatient q.CCTV O TOMTt DEATH snaide rrty or town Irmles°+ t0 STREET ADDRESS OR AT NO OF PLACE OF DEATH ❑ ❑ 1 1� - CE USUAL If STATE(OR FOREIGN COUNTRY)OF DECEDENTS RESIDENCE 72 COUNTY OF DECEDENT S RESIDENCE (if independent try-leave blank)���� ORESMENCE F Virginia Arlington 13.CITY OR TOWN OF RESIDENCE Ins;de erry«tovm liT? to STREET ADDRESS OR AT NO.OF RESIDENCE I ZIP CODE o p 6138 Lee Highway 22205 Ch PERSONAL 15.NAME OF DECEDENTS FATHER 16 MAIDEN NAME OF DECEDENTS MOTHER DATA OF James Collier Katherine Smith - _ u. IO _ 17 RACE OFDECEDENT 18 OF HISPANIC ORIGIN—? 11 yes, el_y Cuban.Mesecan, 19 EDUCATN(wryNy_o Aglby geade c _bl _ Puerto White--. .etc ..... . 13 tl ❑ yes ElememarylSecondarY(412) Cd (t.or 5+) 4 a 26.Zn_1 N OF WHAT COUNTRY 21..BIRTHPLACE(stat®«ca,ntry) 22 NEVER MARRIED[] DIVORCED ❑ 23(IF MARRIED OR MDOWEp.NAME OF USED. d "o'ced lea"dank) E USA Washington,DC MARRIEDS] WIDOWED ❑ Bruce Green CL - 2a SECUR9TV NUMBER 25..USUAL OR LAST OCCUPATION 26.KIND OF BUSINESS OR INDUSTRY - E 27 INFORMANT•OR SOURCE O INFORMATION.RELAT)ONSWP 256-17-2463 Interpreter Self-Employed Bruce Green- Husband _tithe corn 28.PART%Errs the o not .a�vbs.«t�nprcaekms that caused 1M death Do n«anew the mode W .'......_,.-. �•--,,..-� —.-.---.--.�.._,... dying,zwcn as cardiac ca respralory arresn.shock ca heart Ia+Faro WTEMAL BETY/EEPr CAUSE Of DEATiI List Dads one cause an each Tina. ONSET AND DEATH INIIIIIEDIA TE CAUSE(F'mN « ....,..._.,.____�..,.,,... ...._.. II8 TOMEDICAL resulting in death) —� (A)p TO(OR AS A C OUENCE On P• J8 Sequenboy List conditions. (B) b cause.Enter Y _,—TOOR AS A OQ_N_CE O.Fl. CAI neo _..�.._....._....-__, ._......._...� ,._��._.._.. i'MaY tleaf keiUaTed Complete and'sign events rewPLnq m death)LAST wr Z _-C.. ..._._.s..b _t res_.._®.._e...the un..�_ng E y g,d ® PART K Other t e«raenm corrbrbutkg a death but not resulting m the u _. m9 LO _- 'borMnq cause given in part I .®. d Ra femard t AUTHORIZED BV PO-N"after Inquiry. I- 9 tl soon tl ® ¢ 2190 iFN PAST —FEMALE. TA N�ERE A PREGNANCY 28e IF EXTERNAL CAUSE.IT WAS 28d DE�RIBE HOW INJURY RELATING TO DEATH ECURREO .� Mm y .CONTRUMNO[] a Q yes❑ unkMir1❑ To—SE OF MATH O - unkne�,_... _�_ ....__,...,.�,_.. ......._....� -.�,,. e NOTE.If ® 2�TIME OF INJURY (rtq) (day) (Year) 261 INJURY OCCURRED 26g PLACE OF INJURY(home,farm. 2(cn meat 4 Y Of town) (county) rgIWO . a while � � Wary.sheet.office Bldg.etc) i 0) beer at tCh --. - PM rd work❑ al wait ❑ I (10 tl Goal tl 21A.I CERTIFYthM 1 kwk CPrarge of Nor remains des«r0�abov®,viewed the PgQy.made rpuiry aM in my opngn tlaaln resuAeC at«about (AM)(PM)ham flor __NATURN.CAUSES❑ _ACCIDENT❑__SUICIDE❑ _HOMICIDE El UNDETERMINED❑ PENDING _ __________ - I DATE SIGNED------- __,_ - ACTUAL. l ®_ SIl'aNATUFE I W "'...._.-------------I--- ---- -------- _ _ -__ - NAM ED�AL INEq/fy{b a PhnlJ I ADDRESS OF MEDICAL EXAMINER y .5 c£S P i 11 0 P FUNERAL29 BURIAL REMOVAL =__­1__.__ � ��.a L BURIAL❑ ❑ MOVAL ETC National Crematory_ Falls rch VA 39 (Slpreatwe tlrewr Parsee IegaaY lainq Ohre cenrhe3le) NAME OF FUNERAL "pera F10111e HOME AND A°DRESS: 4510 Wilson Blvd. Arl. VA 22203 Fbftt a Xkt , ..� ��_ _ R£GIS 32 at registrar) .... ,� .� .m LIL7E CORDa 'v RESE O FOR REGLST •S USE This is to certify that this is a_ true and correct reproduction of the original record filed with the Arlington Department of human Ser ices, Arlington, Virginia. Date Issued: August 30, 2013 4 Registrar or Deputy (SEAL) ANY REPRODUCTION OF THIS DOCUMENT IS PROHIBITED BY STATUTE. DO NOT ACCEPT UNLESS IT BEARS THE IMPRESSED SEAL OF THE ARLINGTON DEPARTMENT OF HUMAN SERVICES CLEARLY AFFIXED Section 32-1-272, Code of Virginia, as Amended. Packet iPg. 927 Prepared By and ReturnTo: Heather P. Faubert MP Assistant Project Manager C.20 s THC„ Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 3009 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this-21)— day of t - 20 , by `iPAUL ED ARD ROSE, ADENE STRAW ROSE and CHRISTINE ROSE GE—AD—HILL", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC.", RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") CL located in Monroe County, Florida, more particularly described as follows: 06 UJI N Apartment Unit known as Unit 608-A, Atlantic Tower, KEY 11'V'EST BY THE SEA, a I Condominium, according to the Declaration of Condominium recorded in Official Records Book 589�, at Page 370, of the Public Records of Monroe County, Florida. �. also identified as street address: "2601 S. Roosevelt Blvd., UnitA606" Co CD B. The BOCC is the owner and operator of ley West International Airport("the Airport41) and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to tiring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the united States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 Ivey West International Airport NIP—Avigatian Easement(KWBTs Unit 808) _ Page 1 of Packet Pg. 928 C.2Qs to achieve a reduction in DNI_. 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 FAA") on December 19, 2013. , The NIP will be administered in accordance with the current FAA order 5100.3 , Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CL parties, and in consideration and incorporation into this Aviation Easement of the recitals 06 LU set forth above, the Property owner and the BOCC agree as follows; r 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 Bob , its successors and assigns, a perpetual avigation easement over the property. The use >- of the Easement shall include the right to generate and emit noise and to cause other LIJ Co effects as may be associated with the operation of aircraft over or in the vicinity of the CD 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 purview of this Easement. LU . This Easement shall be perpetual in nature and shall bind and run with the title to the 0 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 release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Av gativn Easement(KWBTS Unit#A608) Page 2 of 5 Packet Pg. 929 C.2Qs 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, damages, debts, liabilities, costs, attorneys' or epert'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 corning into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorneys fees and costs incurred in connection therewith, including appellate action. 8. 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 laves of the State of Florida, CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver r of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent >- jurisdiction, the same shall be deemed severable from the remainder of this AgreementCo and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a .0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. ..... Key West International Airport MP—Avigation Basement(KWBTS Tit#A608) Page 8 of 6 Packet Pg. 930 C20 s This Easement agreement is executed as of the date first above written. - - - - ........ PROPERTY OWNER: PROPERTY OWNER: k Signature Signature I�5 " Printed Name Printed Name �, Gate Date STATE OF t C? t F COUNTY OF � r _ The foregoing instrument was acknowledged before me this day of by Property Owner Name(s) CIL 00 Notary F�ut�IRG Ix�kt�3f 'Irida a My Commission Ex r s Je L Walla EXP N tat Public Signature C, Mtn,$i4on T3 2534302 � Expfts............................ 5fitp1 r hl I r r PROPERTY OWNER: PROPERTYOWNER: CD 00 Signature Signature Printed Name Printed Name Cate Gate c 0 STATE OF COUNTY OF > c The foregoing instrument was acknowledged before me this day of 20 b Property Owner Narne(s� My Commission Expires. Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit A608) Page 4 of Packet Pg. 931 C.20.s PPT PROPERTY OWNER: re Signature 1 . , na, "I C'• 2vSa CLC.VLQ. LCcxe Printed Name Printed Name l� 3® / Z_Cr2 .v L -zo goa5 Date Date STATE OF ^I�(�� COUNTY OF 1' 1()M(�, The foregoing instrument was acknowledged before me this;: day ofd3a)Mj204 by v 1 RdeneJ Property Owner Name(s) �.!►� Notary Public State of Florida My Commission Expir Jessica L Wallace ry Public Signature aw E pir s 05/211/2 21 253602 06 CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: 00 Signature Signature Printed Name Printed Name 0) Signature Date Printed Name R COU TT AP ED > STATE OF FLORIDA PEDRO COUNTY OF MONROE ASS T NTYATTORNEY 26 E Date The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A608) Page 5 of 5 Packet;Pg. 932 Pre ared By and Return_To, Heather P, Faubert NIP Assistant Project !'tanager C.20.t THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 A,V/IGATION EASEMENT Key West International ,Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this. y of 2'0, , , by" A ES S. SHUSTER and CRYSTAL L. SH'USTER", hereinafter referrk to as "the Property Owner„" in favor of the MONROE COUNTY BOARD OF COUNT` COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property'„) CIL located in Monroe County, Florida, more particularly described as follows: 06 UJ 04 Apartment Unit known as Unit 609-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the [declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. �- also identified as street address: "2601 S. Roosevelt Blvd., Unit A609" CD B. The BOCC is the owner and operator of Key West International Airport "the Airport") and desires to make properties that, through interior noise exposure testing, are determined a) incompatible as a result of their exposure to aircraft noise compatible for residential LUU purposes through the implementation of a Noise Insulation Program (FLIP"), 0 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 4 dB in accordance with Federal Aviation Administration policy. Granting of an Avi ation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1 92, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 Key West International Airport NIP—Avigation Easement(KWBTS unit#A 09) Page I of d Packet Pg. 933 C.2Q.t 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 201 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CL 06 parties, and in consideration and incorporation into this Avigation Easement of the recitals UJI set forth above, the Property Owner and the BOCC agree as follows: r N 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 avigtion 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 theCD 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 purview of this Easement. LU . This Easement shall be perpetual in nature and shall bind and run with the title to the 0 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 fawner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOO , including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts„ liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have; have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport N!P—Avigation Easement(KWETS Unit#A009) Page 2 of 4 Packet Pg. 934 C.2Q.t 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, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by corning into direct physical contact with the property or the person on the property. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under thiis Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, 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 Mate of Florida. CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining provisions do not materially alter the rights and obligations of the parties, If , such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. . In the event the Airport shall be subdivided into more than one parcel, or the Airport or 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 sane > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. g. The property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key west International Airport NIP—Avigation Easement(KWBTS Unit A609) Page 3 of 4 Packet Pg. 935 C.ZO.t This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: _ _ Signature Signatu Pri ed Na?he Printed Name Date Date r' STATE OF COUNTY OF lV e( The foregoing instrument was acknowledged before me this day of �PILLL"- 2 by Property Owner Name(s) CL My Commission Expires: 1 otary Public Signature cv I r r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: CD Signature Signature Printed Name Printed Name Signature Date Printed Name ORN 'FN C STATE OF FLORIDA 0PED J.MERCADO COUNTY OF MONROE A ate The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A609) Page 4 of 4 Packet;Pg. 936 vreparec tsyana Ketulrn io: Heather P. Faubert NIP Assistant Project Manager C.2Q.0 THC, Inc. too Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVI ATION EASEMENT Key West International Airport Noise Insulation Progratrn THIS EASEMENT AGREEMENT is entered into this � day of L 20 9—0, by "RICHARD R. ROBINSON and KATHERINE .TUNE ROBINSON", he" -inafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." — RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") CL located in Monroe County, Florida, more particularly described as follows: 06 ILLI Apartment Unit known as Unit 611-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. �- also identified as street address:. "2601 S. Roosevelt Blvd., Unit A 11" CD E. The SGCC is the owner and operator of Ivey West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). 0 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 8 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 BGCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the B CC may have obtained under applicable laws. U. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982 and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. 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 Key West International Airport NIP--Avigation Easement(KWBTS Unit#A611) � Page 1 of 4 Packet Pg. 937 'C.2Q.0 to achieve a reduction in DNL indoor noise levels of at least 5 dB and brim the average interior noise lever 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 byte Federal Aviation Administration ("the FAA") 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 to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both CL parties, and in consideration and incorporation into this Avigation Easement of the recitals 06 UJI 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, dues hereby grant, bargain, sell and convey to the BCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the CD property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever fora or type, during operation at, on, to or from, the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. LU . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport, > . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers., agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every bind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key west International Airport NIP—Avigation Basement(KwBT6 Unit#A611) Page 2 of 4 Packet Pg. 938 'C.2Q.0 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, damages, debts, liabilities, Costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage tot e property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. . Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach o 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. Cn ° No provision of this Agreement is to be interpreted for or against any party because that 1-- Ca 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. CL 06 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of LU 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 byte parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent. jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the CD remaining provisions do not materially, alter the rights and obligations of the parties. If , such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed vapid to the extent of the scope or breadth permitted by law. LU . In the event the Airport shall be subdivided into more than one parcel, or the Airport or a .0 portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same > shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BCC shall be entitled to all of the benefits running to the BC hereunder. g. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BC . Key west International Airport NIP—Avigation Easement(KWBTS Unit#AG11) Page 3 of 4 Packet Pg. 939 C.20.u This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: f �r3 t�W•Nor Signature ;On��atu r �r 22 Printed Name` Printed Name f Date Date 77 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 10C\ 202L U) by \ 1 tlVohic)�,� . Property Owner Name(s) ��V° Notary Public State of Florida CL Jessica L Wallace My Commission Ex a j` My Commistion GG 253602 06 ary Public Signature a Expires o5mno2t r cv I r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature m Printed Name y Printed Name G Signature Date ........ Printed Name OE ORNE)r . STATE OF FLORIDA COUNTY OF MONROE ASSIS NT TYA R EY Date . The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Key West International Airport NIP—Avigation Easement(KWBTS Unit#A611) Page 4 of 4 Packet;Pg. 940 Address: e T West y t�he Sea C.20. Unit No.. 1/1 PE ISE INSULATION KEY WEST INTERNATIONAIr.AIRPORT, MONROE 'COUNT THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MIR E COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the ":`Property Owner"). IT N E S S E T : WHEREAS, the Property Owner is the sole record owner in fee simple of ca certain real property located in the City of Hey West, County of Munroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property")"Property")i and WHEREAS, the County is the owner and operator of the ley West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 LU WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the Property Owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of theco Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigtiun easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor"') to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the Consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS„ the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in Consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Packet Pg. 941 C.20 v sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows. 1 . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit A. Payrnent_of, Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N 4. Impeding_ 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 a >_ LU competitive bid environment, the Property Owner is prohibited from having any co discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. Construction Contract, The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined byte Program Manager. . Pre- & Post-Construction Resoonsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as )jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium, ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Propero.,Owner Noise Insulation rfgreorrew h.-ig 2 oaf'28 Packet Pg. 942 C.20 v space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling„ space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space ,area"; ( ) Removing all window and door treatments (such as ,blinds, drapes, plantation shutters, etc,) and storing them in the "Designated Storage Space Area°',:.. ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing there in the "Designated Storage Space Area", (7) Loving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space ketch" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post.Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into co the condominium, i (3) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d, In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7, Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owners all 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 Pr }ert.)'Owner Noise Irasulalion Agyreentent l oge 3 ref 8 Packet Pg. 943 C.20 v alters 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. . Safe Working Environment, The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; — ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required' to be completed or performed by the Property Owner prior to the County resuming the >_ Program process. co c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays.. wring 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work, The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its I'r crpcgv7(Avner~Noise Insulation Agreement Pf:ige 4 rf `28 Packet Pg. 944 C.20 v sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures, 11, AcceptanceofWork. 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections„ they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then mare determination as to the acceptability of the conformancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter o any conformance/performance/issues. Failure by the Property Owner to submit the written compu laint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. co r 1 , 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 11 Warranties. The County does not represent or warrant the level of � 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 agrees 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 g. 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 condition of receiving the Warranty & Final Closeout Package, the Property Owner Propegv Owner Noise Insulation Agr^eenlent fare 7(#'28 Packet Pg. 945 C.20 v 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 issues): (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,,.. ( ) The Property owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; ( ) The Property owner believes that service is required with r respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and >_ LU co ( ) The property owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product s expired. 1 . Pre-Existing Deficiencies. The Property owner will be required to sign Exhibit Q (Deficiency Mold 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, CL 15. Pre-Work Peguirements. The Property owner will be required to complete any and all Pre-Work, as required by the NIA' to successfully accommodate the NIP acoustic modifications. The Property owner will be required to complete all designated Pre-Work items utilizing their own funds and per the _reguir d deadlines as established by the _NIP. 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. 1 . City of Key West "Hard-Wired" Smoke Alarm Requirement. In compliances with the City of Ivey West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property owner will be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in Packet Pg. 946 C.20 v accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property_Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid.,any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect casts due to delay and/or stoppages of the work. 18. Limitation on ,alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of Uj the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and' co damages related thereto. 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception o repairs of Deficiencies) from the time of the re-construction noise test to the ost- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. g. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rues, wall hangings and furniture as necessary. Packet Pg. 947 C.20 v 2 . 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. C�esi n and Bid Process Access. At scheduled times and/or upon not less than twenty-four ( ) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property, to collect and develop all final design and bid documents. These visits could include, but not be limited to property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner 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. . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight (48) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N i 24. Pre and Post Constructions Access, At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via ,NIP email andlor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, 00 County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post® construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 250 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 re-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 Prop( ty(Mwr Noise Irr.sulcilion.i�r eery eni rage N of 18 Packet Pg. 948 C.20 v 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 Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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. 27, Discovery of Pre-Existing Deficiencies During Construction. In the CL 06 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 reediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. co r 28. Impact-of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. 3 . 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, P ropeny(hoier Noise Insulation,t rreerrmew - - Forge 9 of 28 Packet Pg. 949 C.20 v 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 fails to meet this requirement, it could result in removal from NIP participation. . Title_Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "abstract of Title" to ensure that the Property title is free from liens and/or title defects, 31 Cooperation in Tearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the ;"abstract of Tide" 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 County if the County determines that it is necessary or desirable to do so (collectively, the "Title ca 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 CL shall be terminated. r 4. 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 Programco 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 CL these items. 35. Deduction of Fresh Air Infiltration. The 'Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of.Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Properiv C1tvner Noise In-s'uhati n A reemew Page 10 r#'28 Packet Pg. 950 c.2o. of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property owner shall become the property of the Contractor. 7. Property lnsurance.. Charing Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sale cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risks insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timings and Effects of Construction. The Property owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. CL 06 g, 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 warranties for materials and workmanship contained in the contract with the general contractor. co r g. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer„ and to transfer all of the Property owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 41. Waiver. No, waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other; further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Collars ( 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's responsibility to insure such payment is made in order to "clear" the title to the Property. proper°tt Owner-Noise Insi alion Agreement ent Pace l d vt'28 Packet Pg. 951 C.20 v 4 . Authority to Execute On Behalf Of County. By Resolution No.. 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17 th day of Larch 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. 44. Attachments, Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit : Program Improvements, d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 Uj . Governing Law Venue, Interpretation, Costs, and Fees, i (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. co ( ) In the event that any cause of action or administrative proceeding is instituted for the enforcement o�r interpretation of this Agreement, the County and Property fawner 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 CL there, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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-cif-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. Binding 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. Property Owner l,oisc Poge Ili(?1'28 Packet Pg. 952 C.20 v 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 lave 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. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e, Duration of Agreement. 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 ca Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. CL f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The 06 UJ County and Property Owner agree that each shall be, and i , 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. ' r r g. Claims for Federal or State Aid. The County and Property Owner >- agree that each shall be and is, empowered to apply for, seep, and obtain federal and -� state funds to further the purpose of this Agreement; provided that all applications, co requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h Adjudication of Disputes or Disagreements. 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 CL party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i. Nondiscrimination. The parties 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 parties 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 `III of the Civil Rights Act of 1964 (PL 88- 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (26 USC §§ 1681-1683, and 1686-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (26 USO § 794), Property,Owner Noise Insulation Agreement Page e 13 of 8 Packet Pg. 953 C.20 v which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination .Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment ,Act of 1972 (PL 92-2 ), as amended, relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1979 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public health Service Act of 1912, 23 and 527 (42 CSC §§ 690dd-3 and 299ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title ` 'III of the Civil Rights Act of 198 (4 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with [disabilities Act of 1999 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 19) Monroe County Code Chapter 14, ,Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.. j. Cooperation. In the event any administrative or legal proceeding is CL instituted against either party relating to the formation, execution, performance, or 06 breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings >- related to this Agreement or any Attachment or Addendum to this Agreement. co k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement i'n accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. CL 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Pro pert Owner Noise Insulation Agreement Page 1.1 of 2 Packet Pg. 954 C.20 v n. No Solicit tion/P yment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, ether than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed., or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.. o. Public Access, Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters 1- ca or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and mane or received by the County and Property Owner in conjunction with this contract and related to contract performance. CL The County shall have the right to unilaterally cancel this contract upon violation of this 06 provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a ' r prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 00 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 g.g701 and the terms and conditions of this contract, the Property Owner is required to: (1) beep and maintain public records that would be required by the CL County to perform the service. ( ) 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 cast provided in this chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Property Owner Noise Insulation Agreement Page 15 qf28 Packet Pg. 955 C.20 v 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 roust be provided to the County, upon request from the aunty's custodian of records, in a format that is compatible with the information technology systems of the County. (6) 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 Property 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 does not comply with the ounty's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County}s option and right to unilaterally cancel this CL contract upon violation of this provision by the Property Owner. A Property Owner who 06 fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, i Florida Statutes.. r If the property owner has questions regarding the application of chapter 119, Florida ,- statutes, to the property owner's duty to provide public records relating to this contract„ co contact the custodian of public records, Brian Bradley, at (346) g -3476, braille brian monroecount -ff. ov, Monroe County ttorney's office, 1111 1 th Street, Suite 466, Key West, FL. 33046. p. Ikon-Waiver of Immunity. Notwithstanding the provisions of Sec. 766. 6, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL 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. Priv� 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-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Propegy Owner Noise Insulation Agreement Page 16 of 28 Packet Pg. 956 c.2o. 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 a , authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case laws and, specifically, the provisions of Chapters 125 and 163, Florida. Statutes. s, Non-Reliance by Non-Parties, No person or entity shall be entitled to rely upon the terms, or ,any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations CL 06 and duties of the County or Property Owner under this Agreement. LU u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any merrier, 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 co Agreement, r v, execution inounterorts. 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. CL w. Section Hea!jj s. 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 prevision of this Agreement. Property Chvner Noise Insulation A r°eement Page 17 of 8 Packet Pg. 957 C.20. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement, -ef t Tt—, nd year first above written. WITNES ES- - PROPE OWNER: Signa re Si �ra-tture �Printe Namebn J Printed Name SignatCD Date Printed Name CL - TIVE PROPERTY OWNER: k i Signature Pnnted Name Printed Name r Signature Date Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature N FIN J ace Date ANEY ------—........ Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet;Pg. 958 C.20 v PROGRAM POLICY STATEMENTS Exhibit A► To Property Owner (wise Insulation Agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini- 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 — . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. r 4. All interior AC lines (refrigerant, condensate„ electrical) and Energy Recovery Ventilator (ER' ) 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 willco review this information with you at your NIP Design Review Meeting. . Only electrical service panels that are determined by the Program Manager to b , deficient will be replaced by the Program as a part of the Noise Insulation Program modifications. B. Window Sill Replacement. Clue to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Clue CL to this revised plan, existing custom sills (marble, granite, rood) will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will installl a standard (314" x -1I ') 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 Exhibit A - 1'rcrlat-r ,Oin rair•Noise Itrs dal.ion Agr~eearreW Page 1 rrl 28 Packet Pg. 959 C.2Q.v have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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 a hurricane. E. KWBT'S Asbestos Testing 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 g 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 can both the "walkway" and "courtyard / balcony" building elevations. CL 06 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 A , Co - wall cuts required for the installation of the ductless A - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the ERV. CL F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIB contractor will be required to perform the following abatement requirements during construction: If samples show a presence of All < 1°r` 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. Es:hibii A -1'i'oper(y Owner Noise try,sulzatr'r.?n Agreement' 1,c-q e-10 ra1-28 Packet Pg. 960 C.20 v If samples 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, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) b 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAAco -� will require THC to develop a design and construction plan that minimizes the r 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. CL G. KWBTS BOARDAuthority f Design Decisions. The KWBTS Board will have the Authority to mare several of the Program design decisions to include . Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles . Interior Ductless "Mini-Split" AC System Installation Requirements Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment Exhibit A -1'rrpertY d itw r Noise lrr. elation.=f roe=m eni Page 21 e f'28 Packet Pg. 961 C.20 v LEGAL DESCRIPTION OF PROPERTY Exhibit To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 108-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public records of Monroe County, Florida. r CL 06 LU r co CL r r r Evhihii B- Propern,Owner Noise lranil rtrc r gf, �rrrc'�^t Packet Pg. 962 C.2Q.v PROGRAMIMPROVEIVIENTS Exhibit o Homeowner oise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include; Architectural Drawings Replacement Aluminum ,acoustical Windows CL 06 LU Replacement Aluminum acoustical Swinging Prune Door(s) r Replacement Aluminum acoustical Sliding Glass Patio Door(s) CO CL r ........... Exhibit C"-}Part.ner31jr'C)wne)-Noise Insulation Agreement Page 3 qj?8 Packet Pg. 963 C.2Q.v DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement I 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 data 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, 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 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. co . The Property Owner understands and assumes full responsibility for the r Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 1)- Properly Owner Noise hisulation.4greeineni page 2-4 q1'28 Packet Pg. 964 ,C.2Q.v necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner poise Insulation Agreement, . The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs personal representatives, successors and assigns. PROPERTY OWNER:,---.,_----_._ — ar � S" afire fir^ Signature {, 4 O Fero ad Name _ . CL 06 !i Printed Name w -� UJ ire 04 y f : Date Printed Nerve 1t 1 ESSES: - - PROPERTY OWNER Signature signature Printed Name Printed Name I Signature iCL Date Printed Name WITNESSES: PROPER OWNER: i Signature Signature Printed Name Printed Name Signature - i Date Lrinted Name ExJ7ra'7rt L - Pi-oprni,0,i wer Noise hisulcatiot7 A�i-ee yew A e 15 g1'28 Packet Pg. 965 C.20 v "VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the ",Agreement„) between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands„ damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "[deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. co The Program Improvements may include the addition of acoustical r windows and doors, removal and infilling 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 (EIS/) unit which will provide an adequate exchange of inside / outside air to the condominium as 0 CL required by building code. . 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 (EV) 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 Exhihlt E-Properf. Owner Noise Insulation Agreement Pcrg ''o '?8 Packet Pg. 966 C.20 v bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Clue to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may result if left untreated. . It is clearly a building code violation to duct laundry dryer exhaust to the K,WBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent 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 their cast 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. LU Co 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ^�V 71TNES�� 1, � PERTY 0 Ra f lyV Sidnalu.,e . 4 c,t(, )AW Signature Sri d Game �7 Prir�fame r Ure is ', 4w Date Prim ed Name Exhibit E-Pr'ol-wr ty(')"w er,voi'se insulutio n I r•Cer eni � P((gt,27 rrf"N Packet Pg. 967 C.20 v WITNESSES: PROPERTY OWNER: Signature - Signature Panted Name Printed Name Signature bate Printed Name co co F � WITNESSES: PROPERTY OWNER: CL Signature 06 Signature Uj r Printed Name 04 I Printed Name r Signature Gate co Printed Name r ............. c CL c 0 E..xhibdd E- Pi-opeig13'01d".1 e)-N(isc�Pg 7t LXlS' fi7 �o-�"L� �X?Z'Yt� Page 8() ?8 Packet Pg. 968 Address: Key West by the Sea C.20.w Unit No. A me( ): �' i PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is rude and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Ivey West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport") situated in the City of Ivey West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 Uj WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taping off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Ivey West International Airport's Noise Insulation Program (the "Program") and, as part of the Program„ the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no east to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager") and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and ether good' and valuable consideration, the receipt and I'r qa carAJ�h C)ivner•Noise Pt ge f of'8 Packet Pg. 969 C.20.w sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full farce and effect and is hereby ratified in all respects. . Program__Policy Statements. Consistent with the Program and/or Federal Aviation Administration airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exs iblt,,di. . Payment of Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will e approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. 4. Impeding 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 a 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 provisions shall, at the option of the County in its sole discretion, result in disqualifications from the Program and cancellation of this Agreement. 54 Construction Contract.. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL 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 Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, gums, antiques, heirlooms, etc.) from their condominium, ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Packet Pg. 970 C.20.w space in sketch) for the Contractor, When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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 there in the "Designated Storage Space Area"; (5) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) 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 fetch" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture ,and belongings back into the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Properly Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Packet Pg. 97, C.20.w alters 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. . Safe Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; — ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County"s discretion, be temporarily suspended at any time, In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed„ the Property Owner shall be CL 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. g. Construction Delays. wring 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 1 O. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Packet Pg. 972 C.20.w sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 tote Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome t attend 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 with respect to the acceptance oft e 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (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 determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. r 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 to the County for any and ,all damages and all direct and indirect costs caused thereby. 11 'Warranties. The County does not represent or warrant the level of 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 agrees 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 g. 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 PropertV Owner Noise Insulation A rterttertt Page 5 ta1'28 Packet Pg. 973 C.20.w 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 they product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issues)- (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 ca - year warranty period from the Contractor or thereafter- ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; r ( 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 r respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-ExistingDeficiencies. The Property Owner will be required to p y sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Preexisting Deficiencies at the Property, whether seen or unseen. CL 15. Pre-Work Ike uirements. The Property Owner will be required to complete any and all Pre-Mork, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete ,all designated Pre-Work items utilizing their own funds and per the re uired deadlines,as established by the NIP. 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, City of Key,Test "Hard-Wired" Smoke Alarm Requirement, In 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 be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in l'rt>pe xy Owner Noiv Insulation Agreera ew Page ql/28 Packet Pg. 974 C.20.w accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur to avoid any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17, Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work.. 1 . Limitation on Alterations to the Propegy. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the CL Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the pre-construction noise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re-construction noise test to the ost- construction noise test. 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 these requirements are not met. g. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. _......_ Pr oiler t -a ra r r�'ois lrr,�t�lr�ric�rr ��r r�rrr rrt hct�e 7'rrj`8 Packet Pg. 975 C.20.w . 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 than twenty-tour ( 4) hours advance notice (via N/P email ano'/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 survey, 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. . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight (48) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 1 . Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four ( 4) hours advance notice (via N/P email and/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 NIP Pre-Construction and Post-Construction visits. These visits could _ include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. ,. 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 re-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 Prvpegy 0 vner-Noise fnsulatsr n A reernent � Pa e 8 cr `8 Packet Pg. 976 C.20.w 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 oasts related thereto. 26. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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, Discover CL yof Pre- xpstn eficiencies during Construction- in the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP Uj 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 preexisting deficiency repair, the NIP construction period may need to be extended, at no fault of the Program (Manager or Contractor. r 2 . Impact of Unforeseen KWBTS Building Conditions on Construction , Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program (Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / door 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 be re-installed due to size differences between the new and existing windows and doors. Existing Cro wn 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 [VIP modifications, the Property Owner will have the ability to matte modifications to the NIP interior trim at their own expense. Prrrperi},()wner Noise Insulation A gf°cjcFrrnent Page 9 qj'8 Packet Pg. 977 C.20.w . Communication Requirements, The Property Owner agrees to reed 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 fair to meet this requirement, it could result in removal from NIP participation. Title Examination, The Program Manager has obtained or will. obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 31 Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in Girder 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 (il) 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 4. 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 CL these items, 35, Reduction of Fresh ,fir Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvaqe of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Packet Pg. 978 C.20.uv of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. . Property Insurance. wring Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38, Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. CL 06 . 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 limit shall the warranties for materials and workmanship contained in the contract w acoustic designs utilized in the Program Improvements. Nothing in this paragraph with the general contractor. r 40. Sale of Property. In the event the Property Owner sells; conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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. 4 . Release of Easement. In the event that this agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred 'Collars ( 100.09) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Property Owner Noise lrr,aidation Agremera Packet Pg. 979 C.20.w 43, Authority to Execute On Behalf Of County. By Resolution No. 111- 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 171h 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit & Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C; Program Improvements. d. Exhibit D: Deficiency Mold Harmless Agreement e. Exhibit E: Ventilation Mold Harmless Agreement CL 4 , General Conditions. 06 ULI 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 be performed entirely in the State. ( ) 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Binding 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. .__........__ l'r caper l.v Owner Noise 1nsesa'crlh)n A t?t^t'eni ent Page 12 oj'28 Packet Pg. 980 C.20.w 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 terra, 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. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of aoreement. 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. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or bequests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of therm 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. Adiudication of Qjsputes or Disagreements, 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. CL 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. i. Nondiscrimination. The parties 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 parties 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 VIi of the Civil Rights Act of 1964 ( L - 3 ), which prohibit discrimination in employment on the basis of race, color, religion, sexy and national origin; ) Title IX of the Education Amendment of 1972, as amended ( 9 USC §§ 1681-1683, and 1 8 -1 ), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ( 9 USC § 794), Packet Pg. 981 C.20.w which prohibits discrimination on the basis of handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 1972 (PL 92-2 ), as amended, relating to nondiscrimination on the basis of drug abuse, 0) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616)„ as amended, relating to nondiscrimination on the basin of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 027 ( 2 UCC §§ 690dd-3 and 290ee- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title Vlll of the Civil Rights Act of 196 ( 2 U C §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 UC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article ll, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other a- nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation.. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement„ the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, r and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings -� related to this Agreement or any Attachment or Addendum to this Agreement. r k. Books, Records, and Documents. The County and Property Owner shall maintain books„ records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the terra of the Agreement and for four years CL following the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, ands all not acquire any Interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is, to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112. 1 , Florida Statutes, regarding, but not limited to; solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information, ........ f r°oper°t1,Oivner Noise Insulation.ry Agreement Fare 14 o '8 Packet Pg. 982 C.20.w n. No Solicitation/Pa rnent. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance, 06 The County shall have the right to unilaterally cancel this contract upon violation of thisUJI provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. r 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; CL (1) Deep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the ounty'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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 fawner or keep and maintain public records Packet Pg. 983 C.20.w 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. ( ) 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 Property Owner of the request, and the Property Owner must provide the records to the County or allow the ca records to be inspected or copied within a reasonable time. If the Property Owner does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner, A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119,101, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 ( g ) 292- 470, bradle - brian mo roecounto-fl.uov, Monroe County Attorney's office, 1111 12th Street, Suite 40 , ley West, FL 33040. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 7 .2 , Florida Statutes, 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 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. Privileges 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 thiis 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-Delegation of Constitutional or StatutoU Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Proper,'Ovvner Noise 117SIrftrli(,)1-7,4gi- eiiiL=i'aI gage 10 o '?t`s Packet Pg. 984 C.20.w 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 permuted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the "® authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement.. r u. No Personal Liability. No covenant or agreement contained herein � r 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. CL w. Section Pleadings. 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. Packet Pg. 985 C.2Q.w IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: P PERTY OWNER: 4�6e Signature �� Si ur �I /f� Printed Name ,- ` . Printed Name r Signature I�In l 1, ( o Date Printed Name CL WITNESSES: PROPERTY OWNER: N Sigr(dturgr Sig ture Printed Name ' J a klv Printed Name CD Signature 0 Date U E Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: puty Clerk Signature OE RNA " is rrORNeY Date Date_-__ ° ......... ...........-_-- _. .... . Property Owner Noise Insulation Agreement _ Page 18 of 28 Packet;Pg. 986 C.20.w PROGRAM POLICY STATEMENTS Exhibit To Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini- 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 . All refrigerant line (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Beard policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior AC lines (refrigerant, 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, . Only electrical service panels that are determined by the Program Manager to be , deficient will be replaced byte Program as a part of the Noise Insulation Program modifications. B. Window Sill Replacement. Clue to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Clue CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( 1 "° x -112') painted wood trim to abut the existing trim, rather than attempting to snatch the existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will'. e___.......... Exlatbrl A -Property fawner Nol's e Insulation Agreement l'€lge 19 Packet Pg. 987 C.20.w have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding Mass patio dears will have thresholds that are considerably higher (from the floor) than existing door thresholds, These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane, E. KWBTS Asbestos Testing 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 201 time period. This testing included collecting 7 to g 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 l balcony„ building elevations, CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU 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 A , - wall cuts required for the installation of the ductless A , construction of vertical wall pilasters required for installation of the ductless AC system & €ITV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement Reguirements CL In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a_presence of ACM < 1 The NIA' 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. .... Exhibil A -Prcywrrr Owner Noise Page 0 of 28 Packet Pg. 988 C.20.w If samples show a presence of ACM >1°l 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, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. Abatement and bagging of ACM (resulting from demolition process) b 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. TFIC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU - 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 cast to provide required asbestos abatement procedures, the FAA -� will require THC to develop a design and construction plan that minimizes the r disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and 1WTS property owners, This plane will result in new property owner requirements and design restrictions which are outlined below. CL G. KWBTS BOARD Authority of Design Decisions, The F ISTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements , Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment — -- Lx/rrlrltA -Pr3opery}OWner Noise lr7sultation.4 r-eerrrent perge 21 ol'28 Packet Pg. 989 C.20.w LEGAL C I T'I F PROPERTY Exhibit o Homeowner Noise I:ns,ulation Agreement Apartment Unit known as Unit 109-,A, Atlantic Tower, KEY WEST BY THE SEA, e Condominium, according to the Declaration of Condominium recorded in Official Records ook 589, at Purge 370, of the Public Records of Monroe County, Florida. 06 Uj CL 04 CL r r r 0 Exhibit B- Pr•rperlt Owner Noise Insulal,ion =(greetnell/ gage 22 o 28 Packet P9. 990 C.20.w PROGRAM IMPROVEMENTS 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 property by a minimum of five ( ) decibels„ A typical Program Improvement package may include; — Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CL r _..___. ..__._._... f-i•larb t C- roper'i-ilt Owner Noise Insulation A r eernent Page 73 t:?1'28 Packet Pg. 991 C.20.w DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the property, LU 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. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this ,Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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-Prope tli Oivner Noise Ir7suleitio)�7.4go,eeiiie,71 'age 24 o Packet Pg. 992 C.20.w necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. . The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set Barth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and provisions oft is Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. lT�l �ES � � PFrP9RTY OWN � --�-m� Signature . ' si hatu Lotzg/des. ._ �� Printed Name CL SIC' 06 Printed Name 11.1 a signature cite Printed Name ... _ W'ITNE PROPERTY OWNER: Iq S`ignature # €� � Si turn Printed Name .. £_ � pep Printed Name Signature . M . CL Date t1 e Printed Name WITNESSES PROPERTY OWNER: I Signature Signature Printed Name Printed Name Signature Date Printed Name kvhihit D-hwpei,lly Ov i-ter rVoise/nsulcW017. gr-cemeni Page 5 cr1`28 Packet Pg. 993 C.20.w 'VENTILATION HOLD HARMLESS AGREEMENT xhihit E To Property Owner Noise Insulation Agreement I. in partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever Find and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. . The Program Improvements may include the addition of acoustical r windows and doors, removal and infilling 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 leafage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (E ) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . 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 (EV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assure 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 I /STS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of Exhibit E a Pr oper°ts°Owner Noise Insulation Agreement Pagye 26 g1'28 Packet Pg. 994 C.20.w bathroom moisture in a central building exhaust shaft During the Program design survey process it was discovered the KWBTB buildings lack a solid central building exhaust shaft. Clue to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may result if left untreated. 5s It is clearly a building code violation to duct laundry dryer exhaust to the KBTB central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTB 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 their 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 darer exhaust. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL 06 Owner understands and assumes full responsibility for maintenance of interior moisture UJ and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the 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 E apply to , injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew,-andlor lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. - WITN DES ;'7 P RTY OW Signature &g attire Printed Name ? cy �.. Printed Name Signiture C ?ate 14 Primed Name Exhibit E- t'a°capei� t.v CJ7-vnei,,Nfoise his alratiw7 A; r°et3nwaat P(c qe 27(a/28 Packet Pg. 995 C.20.w ............................ WITNESSES: PROPERTY OWNER: Signature Si a urnre y. f W i Printed Name I g Panted Name Signature " Date f, Printed Name co WITNESSES: _ PROPERTY OWNER: CL Signature 06 Signature Uj Panted Name 04 I Printed Name r Signature y. Date Printed Name CL C C 0 Packet Pg. 996 Address: Key, Feat by the Sea C.20.x Unit o.: f t ar e.(s): PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County'), and the undersigned (the "Property Owner"). WITNESSETH; WHEREAS, the Property Owner is the sale record owner in fee simple of certain real property Faceted in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"): and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 Uj WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taping off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the 'Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements")- said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avig,ation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in, consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and PrTopertY Owner Noisy .4110 Purge 1 qj*2 Packet Pg. 997 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. 3. Payment of Program Improvements. The County agrees to pay for 0. the Program Improvements described in Exhibit C attached hereto. The Program 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. 4. Impeding 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 a 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 E cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the0. 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 period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (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 area" (white _._ ............_......_ ..... Property Owner Noise Insulation Agreement—A110 Page 2 of 2 ' Packet iPg. 998 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; (5) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" 0. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated 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 wall 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 for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Property Owner Noise Insulation Agreement--A110 Page 3 of 2 ' Packet iPg. 999 C.20x alters 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 'Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity* — (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily 04 suspended at any time. In such event, the Program Manager shall notify the Property � Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process, r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. during the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10 Changes to Scope of Work, The Program Manager reserves the right to snake changes to the plans and specifications and the Program Improvements, at its !p(y1ept.V Oviver Noise/risulatiort Agr•eenient—AI I0 e 11 s,,e 4 r> '2+ Packet Pg. 1000 C.20x sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to he defined before the N/P construction process) within 7 days of the UJI inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/'performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the LU Property Owners right to file such complaint. r r 1 . 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of � noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g. 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 ------------- Propert.1,Owner .'braise Insulation Agreement -AlI0 Page s(� '1 Packet Pg. 1001 C.20.x must first submit a completed [SIP 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 t 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- ca year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 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; andLU �- (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 Deficiencies, The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. CL 15. Pre-Work Requirements, The Property Owner will be required to complete any and all Pre-'work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and e the re uired deadlines as established by the NIP. 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. City of Key Vest "Hard-Wired" Smoke Alarm Re uirement. In compliance with the City of Ivey West Fire Marshall and the City of Ivey 'Vest Building Department construction permit issuance requirements, the Property Owner will be required to install 1'20-volt "hard-wired" smoke alarms in their condominium in. ProperlY Ovvnor Noise Insulation Agreement - Al 10 Page 6 of's Packet Pg. 1002 C.20x accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be res onsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline., the Property Owner shall be removed from NIP participation. 17. uspension__of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct ;and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to mare alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs ofDeficiencies) from the time of the pre-construction noise test to the post construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. g. Coo e_raipn. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary.. f'rr,perlY Owner Noise InsidaliorrAgreelnem 4110 Page 7 q/'- 'r Packet Pg. 1003 C.20.x 2 . 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. Desiqn_and Bid Process access. at scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor fetter), 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 survey, 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 (4 ) fours prior to the scheduled start of NIP construction, This short visit will provide the Program (Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspension of the scheduled NIP construction and the Property Owner shall CL 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 24. Pre and Past Construction access. at scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner >_ Uj agrees to provide to the Program (Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could , include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL 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 re-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 Pr-oper tY Owner Noise lnsulalion AgreennInI--A110 Page 8 -17 Pg. 1004 C.20x 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 season, 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. CL 7. Discovery of Pre-Existing Deficiencies during Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP LU construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. r r . Impact of Unforeseen KVV'BTS Building Conditions on Construction Schedule.. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL die to unforeseen building conditions that may arise and complicate the NIP construction. fig. Existin_q Window / Door Treatments, Shades and Minds. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windrows and doors. 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. ,aropertt`OvvnerNoise A 110 Page 9 o `9 Packet Pg. 1005 C.20x t. Communication Reguir_ement . 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 fails to meet this requirement, it could resuilt in removal from NIP participation. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 31 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 CL may invalidate the Easement, this agreement shall be null and void, and the Easement 06 shall be terminated. r 4. 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 CL these items. 35 Reduction of Fresh Air Infiltration. The Property Owner wiill be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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, prier to the commencement of construction, agree upon and execute a document listing those items to be salvaged'. In the absence 1'r r Jactr•lt 1.xri roc a ,�v'raj,t trz.vrr1ca11fr� {�'t�ttae'r t A 110 page 10 of$9 Packet Pg. 1006 C.20x of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 3 . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 9. Labor and Material release.. The Property Owner releases and UJ 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 r acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. r r 9. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute„ a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One hundred Dollars ( 1 g.00) to cover the casts of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands than it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. f'a r� e:a � !)s ray r r�`'r�r:yc 1,a.strlt:atac rt. r �ra�a7t A110 f'ta&c' 11 Packet Pg. 1007 C.20x 43, Authority to Execute On Behalf Of County, By Resolution No. 111- Z004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c, Exhibit C: Program Improvements. d. Exhibit D: Deficiency bold Harmless Agreement e. Exhibit E: Ventilation Mold Harmless Agreement CL 4 . General Conditions. 06 Uj a. Governing Law, Venue, Interpretation, Costs,_and Fees. i (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 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County.. b. Binding 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. Pr°rrper't,Owner goose /nsulcari(aa)Agreement—A I10 Page 12 ref Packet Pg. 1008 C.20x 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 shell be valid and shall be enforceable to the fullest extent permitted by lave 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. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. '® e. Duration of A reement. 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. CL 06 f. Acceptance of Gifts grants Assistance Funds, or Bequests.. The County and Property Owner agreeUJ that each shall be, and is, empowered to accept for the benefit of any or all of there, gifts, grants, assistance funds, or bequests to be used r 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 Agreements 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 Dispute or Disagreements. 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. CL 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. i. 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, a applicable, relating to nondiscrimination. These include but are not limited to, (1) Title V1 of the Civil Rights Act of 1964 (P.b.. - 2) 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 on the basis of handicap; ( ) The Age discrimination .Act of 1975, as amended (42 U.S.C. ss. 101- 1p7)„ which f'r r�13 �t��(3��� car Voise Ira.��uh-pion Agyr�err�ent--A 11 'c�;e 13 o '?' Packet Pg. 1009 ! C.20x prohibits discrimination on the basis of age; (4) The [drug Abuse Office And Treatment Act of 1972 (P.L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1976 (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. 526 and 527, (42 U.Q.C. 290 dd-3 and 299 ee- )„ as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1996 (42 U.S.C. s. 1261 Dote), as may be amended from time to time, relating to nondiscrimination on the basis of disability; ( ) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Human Rights Ordinance (Chapter 1314, article VIII Sections 1 -1 Q1 through 1 -1 6), as may be amended from time to time, relating to nondiscrimination; and (1 Q) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. 1• Cooperation. In the event any administrative or legal proceeding is Instituted against either party relating to the formation, execution, performance, orCL breach of this Agreement, the County and Property Owner ,agree to participate, to the 06 extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this, Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, and [documents. The County and Property Owner r shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable ,and timely access to such records of each other party to this Agreement for audit purposes during the term of the agreement and for four years following the termination of this agreement. CL I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; dewing business with, one's agency; unauthorized compensation-, misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information.. mm_____ 1"r oiler t Owner Nol'Se Ire.ulalion 11 gr e e r ienl-A/10 lle,qe 14(Y'4? Packet Pg. 1010 C.20x n. No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed near retained any company or person, rather than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the ward 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 awed, or otherwise recover, the full amount of such fee, commission, percentage, gift„ or consideration.. o. public Access. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida CL Statutes and Section 24 of article I of the Constitution of Florida. The County and 06 LU Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record„ materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel �. this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the 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 termination or expiration of the contract. The property Owner is encouraged to consult with its advisors about Florida Public Records Law in carder to comply with this provision. CL Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Deep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the Count '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 coast that does not exceed the cost provided in this chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as Pr(pel )"OW17er Noise JrrsuhnionAgrvwnenl—A I10 � Page 1.5 o 'a0 Packet Pg. 101,1 C.20x 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 beep 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 Peeps 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. ( ) 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 Property owner of the CL request, and the Property Owner must provide the records to the County or allow the 06 Uj records to be inspected or copied within a reasonable time. r If the Property Owner has questions regarding the application of Chapter 119, 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 (80 ) 2g - 47g. p. Non-Waiver of lmmunity. Notwithstanding the provisions of Sec. 78. 8, Florida Statutes, 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 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 Privileges and Immunities. All of the privileges and immunities from CL 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-Delegation ation of Constitutional or Statutory 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 a , authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, Pr oiler t= 0ivner iVoise A 110 Fire 10 ql'2q Packet Pg. 1012 C.20x state statutes, case law, and., specifically, the provisions of Chapters 125 and 163, Florida Statutes.. s. Non-Reliance Non-Parties. No person or entity shall be entitled to rely upon the terms., or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations.. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member„ officer, agent or CL employee of Monroe County in his or her individual capacity, and no member, officer, 06 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. r r 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 Pleadings. 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. CL 1'rr�l cr(r Owner Noise InsaulcWon Agi-eerr ent -A I10 f oge 17 rf'2 Packet Pg. 101''3 C.20x III WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year fret above written. DWI PROPERTY OWNER: �. ._ ��� re d � Sir�atr , - Printed Name f \A[` Printed Name at 0 Si nature Date rs Printed Name06 - -- IT l PROPERT7WNI IUj r 04 Printed Name Printed Name a. Siwnature Date ' . Printed Name rV i CL WITNESSES. PROPERTY 0 s f�, C i � Signature j -r Signature Printed Na We � 7 Printed Name Signalpre a# Date C 1 5 may) c! Printed Name - Nopei'ly Ovjne) Noise lrimiltak n7 Agicentertt Al/0 18 o '? Packet Pg. 101'4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature Date ORNEY CL RM06 PE J.MERCADO A s CL Property Owner Noise Insulation Agreement- A110 _ Page 19 of M Packet Pg. 1015 C.20x PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning:_General Restrictions. While providing a new ductless "mini- 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 — . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with 1 + 1PTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with K`w<^JBTS CL 06 Board policy runes to ensure the highest level of consistency and building architectural aesthetics. r 4. All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery `ventilator (EPA`) 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 >- LU condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. . 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. Clue CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Custom C oldinq and Baseboards Restrictions C. �ust�rn Crown M The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (314" x -7/ ') painted mood 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 lvhd lit A - f r oper i.v Owner Not'se Insulalion Agrcemcrw.._-#f 10 Page 2 0 of'-* Packet Pg. 1016 C.20.x have the option to replace the installed trim with other custom trim to match the existing materials and profiles.. D. Doom Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and Aiding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. ! 'IN BTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, S and C during the November 2017 to April 2018 time period. This testing included collecting 7 to g 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. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU containing materials (AGM) 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" AG units and the infilling of openings., LU - ceiling cuts required for installation of the ductless AG, r y wall cuts required for the installation of the ductless AG, construction of vertical wall pilasters required for installation of the ductless AG system & ERR ducts, construction of closet soffit for installation of the ERV. F. Asbestos Abatement Requirements CL In the event any samples show a presence of asbestos containing material (AGM), the awarded NIP contractor will be required to perform the following abatement requirements during construction; If samples show a presence of ACM 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. .__ - -...............__ Exhihit A - Propcgy l ivvner Noise Insulation Agri>e mcrn —.4110 (?f.34; Packet Pg. 1017 C.20.x If samples show a 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, windo sldoors), 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 (noon-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r and coordination requirements of contractor crews. Given the cost to provide required asbestos abatement procedures, the FAA -� will require THC to develop a desigin and construction plan that minimizes the r 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. CL G. KWBTS BOARD AuthorRt yof Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include:. 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . 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 . ln-Filled Kitchen Prime Door Policy Treatment Exhibit.A - Pr'trperrtt'Owner Noise —4110 llaoe 22 of-W Packet Pg. 1018 C.20.x LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 110-A, Atlantic Tower, KEY WEST BY THE SEA, "® a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public records of Monroe County, Florida. 06 LU CL CL i r r r r Exhibit B- 11r(4)c-ri.V(, rvner Noise Insulation,lgreerne,111-_AT 10 Page 23 of-- Packet Pg. 1019 C.20.x PROGRAM IMPROVEMENTS 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 property by a minimum of five (5) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU • replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CL r r Exhehit C-Property Owner rVoise 1n.4idalion Agreeinent —AI 10 Page 24 t1� Packet Pg. 1020 C.20x DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit C To Property Owner Noise Insulation Agreement I, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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, 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever Find and nature on account of bodily injuries or death, damage to the property, Uj 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 b legally liable. . The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL .. . 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 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- Pr°operlY Clwwer A,`oise Insulalie ra.4griecrrrem— 31/0 Page 5 ol 2 Packet Pg. 1021 C.20.x necessary repairs to the Property, to the acceptance of the Program Manager t minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this ,Exhibit d apply to property damage, injuries„ deaths, or damages arising from the [deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this ,Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. & The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. �. THE PROPERTY O'I NER: nature _ Signature `� 0 Print Nam CL r 06 .. Printed Name UJ 04 le Sig - )C"- ; _ ......, - Date Printed Name '411i S : PROP TY 0 ER: Signa E l a ignat r Printed Name .. vi Printed Name igture CL : .. , Date ° PrrntedN ame - - -- — t � WIT. SSES: � PROPERTY C) hl Signature Signature Printed Na e Cap &I Printed Name S i g n aYUre Date Printed Name Exhibi'1 D-Nr.,periv 04r'nei-Noise Irisidoiiw7,fIgi°c enient--..-i 110 Ptige 6 rat Packet Pg. 1022 C.20.x VENTILATION HOLD HARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever land and nature on account of bodily Injuries or death, damage to the UJI property and the consequences thereof, and any of the foregoing which may accrue to r the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. >- LU . The Program Improvements may include the addition of acoustical r windows and doors„ removal and infilling 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 (EV) unit which will provide an adequate exchange of inside / outside air to the condominium as CL required by building code. . Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during 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 E-0 ihit E- PropertY Owner Noise Irnsrrlcrdirrrr Agreement—.=i110 Pagre?'or ?9 Packet Pg. 1023 C.20.x bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted airy smoke and/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 may 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 vent 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 their 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. , The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/car interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the 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 E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner poise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROPERTY 0 AVER: S!1nu bA p , nature PLellme Printed Name gn tore Cute [' Printed Name Exhibit E-- Propert),Owtier Noise h7sulcatz n Agreettlent_ AJ Ifs Pi''ge 8 qf'2 Packet Pg. 1024 C.20x T SS S- PROP T r ► rNER. Si a P Print red Namefli I r t "L Printed lame r nature - m -(-�,-Av,-ir Date Printed Name cn co WITNESSES: PROP T OW R: 06 Signature Uj 5 2t Signature Printed Nam Printed Name LZ. .. Date Uj Printed Namb CL C C hibit E-f'-opov-11v Oiviw)-Noi� Gt 4110 }'cw 29 o '29 Packet Pg. 1025 Address: Kev West by the Sea C.20.y Unit No. � Name(s): PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNT" THIS NOISE INSULATION AGREEMENT T (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the Mate of Florida (the "County"), and the undersigned (the "Property Owner"), W I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of ca certain real property located in the City of Key West, County of Monroe, Mate of Florida„ and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property" and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West -� International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"), said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and ...... .. � .... Prmopertt,Owner Noise cr lrr.�rrlrsti<arr<�sir cc rrrcxrrt � �c f of28 Packet Pg. 1026 C.20.y sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows.- 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . Program Polio Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Banger has developers a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit.A., . Payment of Program Improvements. The County agrees to pay for CL the Program Improvements described in Exhibit C attached hereto. The Program 06 Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. . impeding 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 a _ competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement, . Construction Contract. The County will award the contract for the CL 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 period defined by the Program Manager, 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns„ antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" {white Packet Pg. 1027 C.20.y space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "flag to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area" ( ) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing there in the "Designated Storage Space Area"; ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "'Designated Storage Space area" ( ) removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing there 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" CL 06 LU b. After completion of the 1IP construction, the Property Owner shall meet all host-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into the condominium; ( ) Pe-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto.. 7. Impeding Construction, Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules, In the event the Property Owner or any tenant occupying the Property impedes construction or F'roperi.y C7ivn r Noise Instrlcr ion Agreernew � Page 3 of?8 Packet Pg. 1028 C.20.y alters 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.. . Cafe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails, to meet any of the foregoing conditions, the Program process may, at the County's discretion„ be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. r r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right. to snake changes to the plans and specifications and the Program Improvements, at its Packet Pg. 10291 C.20.y sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Grogram Improvements described in ,Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Grogram 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 issues the CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the NIP construction process) within 7 days of the Uj inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues, 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, r r 1 . 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 to the County for any and all damages and all direct and indirect costs caused thereby. 1 . 'Warranties. The County does not represent or warrant the level of � noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Grogram. a. The County agrees 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 g. b. At the end of construction, the Grogram Manager will provide the Property Owner with a Warranty & Final Closeout Package which will contain copies o the warranty policies, product instructions, design documents and legal documents. As a condition of receiving the Warranty & Final Closeout Package, the Property Owner Prop rd f(),vnrr° Noise Insulation Agreement ent Page 5 c� 18 Packet Pg. 1030 C.20.y 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 loop 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 ca - year warranty period from the Contractor or thereafter, ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; ( ) The Property Owner believes that service is required with i 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 Deficiencies. The Property 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. CL 15, Pre-Work (requirements. 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 Prope.ay Owner will be re uired to com lets all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. 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. City of 'Key West "Hard-Wired" Smoke Alarm Requirement. In 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 be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in Packet Pg. 103'1 C.20.y accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established TIP deadline, the Property Owner shall be removed from NIP participation. 17, Suspension of Program Process, The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on, Alterations to the Properly. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 sale discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the Uj Uj County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 1 . Pre and Post-Construction Noise Testing Process. Pre- & post- construction noise testing is a very important Program process that is designed to measure and determine the actual achieved nowise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction noise testing, the Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the pre-construction nowise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re-construction noise test to the post- construction noise test. 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 these requirements are not met. 0� Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Prop r tly Owner Noise Insulation A reeinegal Puge "o 28 Packet Pg. 10372 C.20.y 21. 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, peer and water necessary to carry out the Program Improvements. 22. Design n and Bid Process, Access. At scheduled times and/or upon not less than twenty-faun (24) hours advance notice (via NIP email andlor 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 survey, 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. 2 . Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 2 . Pre and Post Construction access. At scheduled times and/or r upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections:, review of Designated Storage Space requirements„ post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits„ the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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, used 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 re-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 ........... Property°Owner Noise Irr,wtilcitrorr.4, reer77ei7t page 8 o �2 Packet Pg. 1033 C.20.y 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. 26, Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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 tote 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. Discovery of Pre-Existing Deficiencies During Construction. In the CL 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period, The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. r r 8. Impact of Unforeseen KWBTC Building.Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor, The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. 30, 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 mare modifications to the NIP interior trim at their own expense. Property,(hvn r Noise Insulation Agreement I'rrge 9 ref 8 Packet Pg. 1034 C.20.y 1. Communication Requirements. The Property Owner agrees to road 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 fails to meet this requirement, it could result in removal from NIP participation. . Tithe 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, . 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 hatters affecting the Properly CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r . 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, CL . Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes ,all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sale 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 Proper lY Oinner Noise Insithaion Agreerr7ew Page 10 o `2 Packet Pg. 1035 C.20.y of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the ,property of the Contractor. ?. Property Insurance, During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. Cl- od g. 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 warranties for materials and workmanship contained in the contract with the general contractor. r r r 40. dale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 41. Waiver. No waiver of, ,acquiescence in or consent to any breach of any terra, 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to `clear" the title to the Property. Pt°oj ert.),C)ss°ner Noise Instdcaican Agrcxer eni Page 11 cry 8 Packet Pg. 1036 C.20.y 4 . Authority to Execute On Behalf Of Count . By Resolution No, 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 1 7th 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal. Description of Property c. Exhibit C: Program Improvements. . Exhibit : Deficiency Mold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 Uj a. Governing Law, Venue, Inte[pretation Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laves of the State of Florida applicable to contracts made and to be performed entirely in the State. r r ( ) 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 terra of this Agreement by or between any of CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Binding 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. {,1'()peqy 01,vner Noise fFage 12 CJ 28 Packet Pg. 1037 C.20.y c. Severability. If any terra, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby, and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law.. e. Duration of Agreement. This agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by y period ably required to effect the the Count and shall, remain.. in effect for er�od reason Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this agreement. CL f, Acceptance of Gifts, Grants, assistance Funds, or Bequests. The 06 LU 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, r r . Claims for Federal or State aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seep, 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 Disputes or Disagreements. 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 CL party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights act of 1964 (PL 88- 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1 g72, as amended (20 U C §§ 1881-1588, and 1585-1585), which prohibits discrimination on the basis of sex-, ) Section 504 of the Rehabilitation act of 1973, as ,amended (20 USC § 794), Property Owner Noise Insulation Agreement 'age 13 of? Packet Pg. 1038 C.20.y which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 6) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 USC §§ 6 dd-0 and 290ee- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil fights Act of 19 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any ether nondiscrimination previsions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. j. Cooperation. In the event any administrative or legal proceeding is CL instituted against either party relating to the formation, execution, performance, or 06 breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings„ hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. TheCounty and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings >- related to this Agreement or any Attachment or Addendum to this Agreement.. r r r k.. Books, records, and Documents. The County and Property Owner shall maintain boobs, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement, CL 1. 'Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited. in this Agreement. m. Code off Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Property Owner 'Voase Insulation Agreement Page 14 of 28 Packet Pg. 1039 C.20.y n. No Sollcitation/Pgyme,nt._ The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, ether than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this ,Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such flee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and — permit reasonable access to, and inspection of, all documents, records, papers, letters ca or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. CL The County shall have the right to unilaterally cancel this contract upon violation of this 06 LU provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a ' r prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. r r 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 CL County to perform the service. ( ) 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Property 64vner ivoise insulation Agreement Page 15 of 8 Packet Pg. 1040 C.20.y 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 Deeps 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 C®unty's custodian of records, in a format that is compatible with the information technology systems of the County.. (6) A request to inspect or copy public records relating to a County contract roust be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property 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 does not comply with the County's request for records, the County shell enforce the public records contract provisions in accordance with the contract, notwithstanding the Count 's option and right to unilaterally cancel this CL contract upon violation of this provision by the Property Owner. A Property Owner who 06 fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.1 g, Florida Statutes. r If the property owner has questions regarding the application of chapter 119, 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 (366) g - 47g, braille brian@monroecounty-fl,.gov, Monroe County Attorney's office, 1111 1 th Street, Suite 468, Key West, FL 33040. p, Non-Waiver of Immunitr�, Notwithstanding the provisions of Sec. 768.28, Florida Statutes, 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 be CL 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, . Privile es 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. Le-gal, Obligations and Responsibilities; Non-Oelggatio�n of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Property Owner Noise Insulation Agreement Page 16 qf 28 Packet Pg. 1041 C.20.y 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties, No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations CL 06 and duties of the County or Property Owner under this Agreement. u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be >_ subject to any personal liability or accountability by reason of the execution of this r Agreement. r 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 CL 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 Owner Noise Insulation A ree ew Page 17 of 28 Packet Pg. 1042 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSE PROPERTY OWNER: Sig tur + vt2e�� XXL'C' 6 " Signa ure Printed Name Printed Name Signature r W Date ( f ®e 9 6®.•°� Printed Name CL WITNESSES: PROPERTY OWNER: N Signature r~ Signature Printed Name Printed Name r r r Signature ' Date Printed Name 0) 2 CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: eputy Cl k Signature M COUA NEY P FW P T D NTY ATrORNEY @ Date ®t® Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1043 C.20.y PROGRAM POLICY STATEMENTS Exhibit A. To Property Owner Noise Insulation Agreement . Air Conditioning: General Restrictions.. While providing a new ductless "mini- 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 . All refrigerant lines (running from the balcony condensing unite will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches, 3, All condensate lines will be installed on the building exterior consistent with K BT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. r 4, All interior AC lines (refrigerant. condensate, electrical) and Energy Recovery Ventilator (ERV) ducts gill 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 >- LU condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review fleeting. . 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. Cue to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due CL to this revised plan, existing custom sills (,marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboard's, the contractor will install a standard ( 14" x 41 ') painted woad 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 ....... ........._ E-xhihf¢A- Properl.i,Ovvner Noise Insr laflon Agreemel,11 Page I () '8 Packet Pg. 1044 C.20.y have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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 a hurricane. E. K'4 BTS Asbestos Testing 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 2917 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. CL 06 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 r 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, r - 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 Requirements CL .. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction; If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped', cut and/or sanded. E.xhibit.4 -Pr3oper i.,v Oivner Noise 1nsidlcrt on:dgreemen Page 0 q1 28 Packet Pg. 1045 ,C.20.y If samples 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 incline:. Construction of ACM containment barriers in all areas (malls, ceilings, closets, wind'owsf oors), 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU The presence of ACM will have a significant impact on the NIP constriction 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 r disturbance of ACM to unsure 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. CL G. KW TS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: . Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Myles 4. Interior Ductless "Mini-Split" AC System Installation Requirements , Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment E.xhihil,4-Propertjy Oivnur Noi,%e Insulaalion Agreement Page 21 ar '6' Packet Pg. 1046 C.20.y _LEGAL DESCRIPTION OF PROPERTY Exhibit 1 Homeowner Noise Insulation Agreement Apartment Unit known as Unit 111-A, Atlantic Tower, KEY WEST BY THE SEA, e Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 LU CL CL r r r r r Exhibit B- l'rop rlY 0it°r er°Noise Insulation Agi-eeinew t age?'rr ?z�' Packet Pg. 1047 C.20.y PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This LxhibI C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging Prime Door(s) r • Replacement Aluminum Acoustical Sliding Glass Ratio Door(s) CL r r r Erhihii C- Property Owner Noise Insulation Agreement Page 3 of'28 Packet Pg. 1048 C.20.y DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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, 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever bind and nature on account of bodily injuries or death, damage to the property, 06 LU 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. . The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies„ 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 --- ---------- Exhibii D-Pt'op rry 0inner Noise Pet qe 4 of'?,' Packet Pg. 10491 ,C.20.y necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and held harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements, The provisions of this Exhibit 0 shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. VWI NE E PROP RTC` OWNER: sag � r Signature Printed fame CL r Printed Name UJ r Signature N - + - i A s rate Printed Name WITNESSES: PROPERTY OWNER: r r Signature Signature Printed Name Printed Name Signature CL Date Printed Name _ WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Panted Name Signature Cate Printed Name Packet Pg. 1050 C.20.y VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personals 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 (ERR) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Clue 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 Exhibit F-f's•r.perl.V 11n,n r Noise lnsululion.4 reer ent _..�... lir e ' t?f 28 Packet Pg. 1051 C.20.y bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KW'BTS 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 and/or eases 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 may 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 vent 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 their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. r 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to , injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit_E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns.. 'l PREP TYOWNER: � Signature rt� 0AX400.40� Printed Name Printed Name Signature 2,11 Date Printed Name Packet Pg. 1052 C.20.y WITNESSES: PROPERTY OWNER- Signature Signature Printed Name Printed Name Signature Date Printed fume F WITNESSES: PROPERTY OWNER: CL Signature 06 Signature UJI Printed Name 04 Printed Name r Signature �. Date Printed Name c a) CL 0 Exhibit E-a"rwpeir iv Osvnei� Noise hisulatioi Agi-eenion Pagye?8 of 28 Packet Pg. 1053 Address: Key West by the Sea C.20.z Unit No.: PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH; WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, ca and more particularly described on Exhibit E' attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport") situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, ' taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to in the Ke Westparticipate y International Airport's Noise Insulation Program (the 15Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the `Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and rather good and valuable consideration, the receipt and Packet Pg. 1054 C.20.z sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows. 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that. prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. Payment_of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N 4. Impeding 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 a >_ 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. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL .. 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 Res onsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Packet Pg. 1055 C.20.z space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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", ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) 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" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into the condominium; (3) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propert),Oivwer°t4'r)ise Insuhnion A reerrreW N 7e 3 u '28 Packet Pg. 1056 C.20.z alters 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. Safe Working Environment, 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 LU b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related' thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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 rebid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Packet Pg. 1057 C.20.z sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11 . Acceptance of rllork. 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection, In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (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 determination as to the acceptability of the conform ancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. N 1 . Termination of Aarement, 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 13. Warranties. The County dues not represent or warrant the level o � 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 agrees 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 g. 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 ............. Proper ij,Oivner Noise lrr,strhrtro n,-I greein nt forge.5 gr 2cS Packet Pg. 1058 C.20.z 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 ca - year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired N ( ) 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 >_ Uj (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 Deficiencies. The Property Owner will be required to sign Exhibit a (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. CL 15. Pre-Work Requirements; The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. 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. City of Key West "Lard-Wired" Smoke Alarm Requirement. In compliance with the City of Key Vest Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 1' 0-volt "hard-wired" smoke alarms in their condominium in Projvri.Y Owner Noise Insulation Agreemeni Page 6 ot,:78 Packet Pg. 1059 C.20.z accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction rocess. In the, event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17, Suspension of Program Process, The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18, Limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 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 completed. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. g. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property 'with the exception of repairs of Deficiencies) from the time of the pre construction noise test to the post= construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the o�st- construction noise test. 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 these requirements are not met. g, Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Prop rt),Oivn r,rv'orse lrisatlaii(.)rr.•€gr•ec,iieiiI Page ;7 Of I Packet Pg. 1060 C.20.z 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as fight, heat, power and water necessary to carry out the Program Improvements. Design and Bid Process Access, At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice (via NIP email andlor 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 survey, 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. . Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction, This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could. CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N i 24. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice (via NIP email andlol r 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 NIP Pre-Construction and Post-Construction visits. These visits could = include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post construction noise testing, In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25 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 re-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 ......______..... _ Property Owner Noise Insulation Agreaneni _..�c�l��8 of 7 Packet Pg. 1061 C.20.z 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, 26. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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 Tanager. 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 Tanager. 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. CL . Discovery of Pre-Existing Deficiencies During Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Tanager or Contractor. N . Impact of Unforeseen KWBTS wilding Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Tanager 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 CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. g. Existing Crown Moldi . 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 IIP modifications, the Property Owner will have the ability to make modifications to the NIP interior trim at their own expense. Pr„opelvY Ovvner Noiw Msulutir7rzA reenlerl1 (lqge 9(�f 8 Packet Pg. 1062 C.20.z 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 fails to meet this requirement, it could result in removal from NIP participation. . Title Examination. The Program [Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. Cooperation in Clearing Title. Prior to the commencement o 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 y the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easements and (ii) 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated'. LU r 4. Federal Assurance. As required by the Federal' Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subect the construction work on the project to such inspection and approval during the construction of the Program UJ 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. CL c 5. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels, 364 alvage of Materials Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sale 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 Properti,Owner," al'se Insulation A rc.ane w pa gm, /0 f#'28 Packet Pg. 1063 ,C.20.z of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor, 7. Prosy Insurance. During Program construction period,. the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. CL 06 g. 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 warranties for materials and workmanship contained in the contract with the >- general contractor. 40 N Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the 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. CL 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 ether term, covenant or condition hereof. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( 100.00) to cover the casts 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Pn.y.wrrty Oivner•Noise Insith'iti n Agreement � Page 11 of 8 Packet Pg. 1064 C.20.z 43. Authority to Execute On Behalf Of County. By Resolution No. 111 ago, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant furl 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 this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit : Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement . Exhibit E: Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 a. Governing Law, Venue, Interpretation Costs and Pees i (1) This Agreement shall be governed by and construed in accordance with the Laws of the Mate of Florida applicable to contracts made and to be performed entirely in, the Mate. ( ) 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Binding 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. properlly f hvner A`oisc rr. rrltrlic��a A >r c�r� � t Page 1' r> "8 Packet Pg. 1065 C.20.z c. everability._ If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby, and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority, Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. '® e. Duration of Agreement. 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, CL 06 County and Property Owner agree that ach 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 a for the purposes of this Agreement, 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 Disputes or Disagreements. 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. CL If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seep such relief or remedy as may be provided by this Agreement or by Florida law. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1964 (PL 88- 852), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended ( a U C §§ 1681-1688, and 1685-1686), which prohibits discrimination on the basis of sex; 8) Section 594 of the Rehabilitation Act of 1978, as amended (29 U C § 794), Propertly Ovt-n r Noise Insulation Agreerraew___ Page 13 r?f"8 Packet Pg. 1066 ,C.20.z which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6161-6167), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 1972 (PL 92-266), as amended, relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7 The Public Health Service Act of 1912, 26 and 527 (42 USC §§ 699dd-8 and 299ee-8), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Bights Act of 1968 (42 USC §§ 8691 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1996 (42 USC §§ 12161), s amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement, The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. N k. Books, records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the terra of the Agreement and for four years CL following the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Propcart,Owner Noise Insulation A rcenwrrt Pe ge 14 v/'28 Packet Pg. 1067 C.20.z n. No 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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this ,Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access, Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this UJ prevision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 termination or expiration of the contract. N 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. ( ) Upon receipt from the ounty'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. ( ) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Packet Pg. 1068 ,C.20.z 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. ( ) 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 Property 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner, A Property Owner who UJ fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 .19, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 (30 ) 29 -3479, brad brian, monroecounty-fl.g v, Monroe County Attorney's office, 1111 1 th Street, Suite 498, Key West, FL 33949. p. Mon-Waiver of Immunity. Notwithstanding the provisions of Sec. 7 . 8, Florida Statutes, 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 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. Privileges 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. Leal Obl)g tions and Responsibilities; Ikon-relegation of Constitutional or Statutory Duties. This Agreement is not intended to nor shall it be construed as, relieving any participating entity from any obligation or responsibility Proven),OroierNoise Insulotion A, reerr eni .e �e Page 16. 1 28 Packet Pg. 1069 C.20.z 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 these tent permitted by the Florida constitution, state statutes, case lave, and, specifically, the provisions of Chapters 125 and 1 , Florida Statutes. s, (ion-reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 and duties of the County or Property Owner under this Agreement. r u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a, covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, ,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. CL 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.. Prop erry Owner Nol'Se Insulation.{gr°eelnew Pug 17,i?1'28 Packet Pg. 1070 C.20.z IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. W T SS PROPERTY OWNER: Si na re Signature Printed Name w Printed Name Si n-ture I � Date Printed Name CL IT SS S: PROPERTY OWNER: Sig t Printed Name 0 sivvik r Pri to me _m CD mx CD Si nature N Date rinted ame E 0) 2 CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deput Cler - Signature ROE CO A ®RNEY M le PED J.MERCADO ate ATTORNEY6/2 0 Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1071 C.20.z PROGRAM POLICY STATEMENTS Exhibit A To Property {owner Noise Insulation Agreement A. Air Conditioning. General Restrictions. While providing a new ductless "mini- 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.- I, All condensing units will be installed on the balcony . All refrigerant lines (running from the balcony condensing unit) will be installedca consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4, ,All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery 'ventilator (BRV) 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. . 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 Boise 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, good) will not be replaced. CL This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown Molding and Baeelacar s Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard pricer to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (, 1 " x -11 ') 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 Exhibit A - I"rojr)caty Otiric?r-i oir-�c liirarltttioll,lgre('Ill t'lf Page 19(,Y'28 Packet Pg. 1072 ,C.20.z have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Clue 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 a hurricane. E. KWBTS Asbestos Testing 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 g samples at each condominium to include gypsum board joint compound, window glazing, and exterior wind ow and door caulking. In addition, random exterior stucco samples were collected on both the "walkway,.; and "courtyard / balcony„ building elevations. CL 06 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, LU LU ceiling cuts required for installation of the ductless AC, - walk 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 F. Asbestos Abatement Requirements CL .. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the fallowing abatement requirements during construction, If sam les show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. r'.rhibi'i A -f r°oper-t%Ovvner-Noise ltrs ulcnron.R gre erneni N(ge 0 q/'2 h' Packet Pg. 1073 C.20.z If samples 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, ceilings, closets, window lrloors), approximately 4 feet from all walls and areas impacted b the NIP modifications. - Abatement and bagging of ACM (reSLIlting 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. - T C will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 - The presence of ACM will have a significant impact on the NIP construction process„ lengthening the construction period and increasing the sequencing i 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 KWBT a property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. CL G. KWBTS BOARD Authority rity of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment E hihit,4 -Pr olv rlv Owner Nc-4se Insulation Agreement �_..__.... Page?1 of 8 Packet Pg. 1074 ,C.20.z LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 20�9-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Brach 589, at Page 370, of the Public Records of Monroe County, Florida. 06 Uj CL 04 h r r N CL Exhibit B- Properly(Am n r Noise lnsula iun rI�rep aracrtl Page 2-1 j`28 Packet Pg. 1075 C.20.z PROGRAMIMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit G 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 ( ) decibels. A typical Program Improvement package may include; • Architectural Drawings 0 Replacement Aluminum Acoustical Windows CL 06 0 Replacement ,aluminum Acoustical Swinging Prime Door(s) r • Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CL N Exhibit C-Propegi7 Owner Noise Msolution Aga-eeine),71 Page 23 o '8 Packet Pg. 1076 C.20.z DEFICIENCY HOLD HARMLESS, AGREEMENT Exhibit D T Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the ",agreement") between the County and Property Owner and to which this Exhibit D is attached, the undersigned, for and on personal representatives, successors, and assigns of the undersigned, forever isle behalf of the undersigned and the heirsF ases, 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 LU 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. . The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen.. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements, CL 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. 5. 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 Lihibit D-f ropert -t`ivae.r°Noise Insulation.4�7reemenl Page 4 q1 8 Packet Pg. 1077 C.20.z necessary repairs to the Property„ to the acceptance of the Program Manager to minimize any delay or stoppages of work, 7. The undersigned acknowledge and agree that all of the release and held harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements, The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and previsions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ' PROPERTY OWNER: Sign r �, .. Signature Printed Name CL CT N � ­ 1 Printed Name UJI a lig aturew04 .a .P , r Chat Printed Name UJI : A PR PERTY OW NER: 04 Sign - !� r Punted Name �- �. fi Printed Name 0) t ig ature 7 O 5A CL � •� tw e Gate Printed Name WITNESSES PROPERTY OWNER: i Signature Signature Printed Name Printed Name Signature i Date Printed Name Exhibit D a Px'tpel'tY(h iwi-?vor. e hisulatiw-r Ap-ee ew /cr c,;,e 5 o '28 Packet Pg. 1078 C.20.z IVENTILATION HOLD HARMLESS AGREEMENT Exhibit E T Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands; damages, actions or causes of action of CL whatsoever kind and nature on account of bodily, injuries or death, damage to the 06 LU 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 `.`Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable . The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 inferior 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 (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited, . Due to IAA 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 KWBTB condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of Exhibit'E- Prop ern,n,C vrricr Noise h7sulation ���r ecmcrrt !'rtgr,?l raf 2 Packet Pg. 1079 ! C.20.z bathroom moisture in a central building exhaust shaft. Curing 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 gall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent 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 their cast 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. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. LU 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Raise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns, C 11IP }P' RTY tJNEf . sl Mn , . M, Printed Nano _., Printed Name i rratur 3 f gate Printed Name ._... ..... ------ .... -......_ Packet Pg. 1080 C.20.z 1 I - SE—S, PROPERTY OWNER: a Signature t Printed Name t Printed Narne 'Vature "* Date e( I Printed Name co co �ITNES ES PROPERTY OWNER: CL Signature 06 Signature Uj Printed Name 04 Printed Name r Signature Uj Date Panted Name N CL 4i 0 Lrhibil E- l'rc�,ra�r ttr 0irwei' `loise page 8 a�f,28 Packet Pg. 1081 Address: Kev West by the Sea C.20.aa PROPERTY OWNER NOISE INSULATION ION GREET' ENT KEY WEST INTERNATIONAL AIRPORT, MON ROE COUNT THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date lest below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner") WI TNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, Mate of Florida, ca and more particularly described on Exhibit B attached hereto (the "Property„); and WHEREAS, the County is the owner and operator of the Ivey West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL Mate of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, ' taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Ivey West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a tearer manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (thee "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and _ ........ Pr•operiV Owner,Voi e Insulation A rewne"I cry 1 q1 25" Packet Pg. 1082 C.20.aa sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects.. . Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program l;m. rovements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N 4, Impeding 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 a >_ 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 oft is Agreement. . Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL 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 Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium, ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Pro per lY Owner NWs•e hrstlatirrra A reeniew Palge?t3f'8 Packet Pg. 1083 C.20.aa space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "designated Storage Space Area"; ( ) 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" CL 06 . After completion of the NIP construction, the Property owner shall meet all Post-Construction requirements to include; i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into N the condominium; (3) Re-installation of all wall treatments, door treatments and wall 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 for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and, all resulting damages and all direct and indirect costs related thereto, 7. Impeding Construction. (once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Prop ertt'Owner Noise Insulation Agreement Page 3 Packet Pg. 1084 C.20.aa alters 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. . Safe ` o_rkinq_Environment, 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity;. ( ) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. CL 06 b. In the event the property Owner fails to meet any of the foregoingUj 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 action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the � Program process. r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g, Construction Delays. Curing 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. g. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its ----------- Pr-uperny°Okltner-Noise Insulation Agreement Pc e 4 g1'28 Packet Pg. 1085 C20.aa sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch4st items. In addition, the Property Owner is welcome to attend 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 with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the N/P construction process) within 7 days of the inspection diving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken,. Monroe County shall be the final arbiter of any conformancelperformancelissues. 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. r N 1 . 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 to the County for any and all damages and all direct and indirect casts caused thereby. 11 Warranties.. The County does not represent or warrant the level of � noise reduction that the Property fawner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with theContractor 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. A a condition of receiving the Warranty & Final Closeout Package, the Property fawner .. .........._. .......... ........ Propertv Owner Noise Insulation Agreement 11a e 5 o08 Packet Pg. 1086 C.20.aa 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( ): 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- ca year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 (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. 1 . Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold' Harmless Agreement) which will irmpute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. CL 15. Pre-Work 'Requirements;, The Property Owner will be required' to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work_items utilising their own funds and per the required deadlines a established by the NIP. 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 casts related thereto. 1 . City of Ivey G"est "Hard-Wired" Smoke Alarm Requirement. In compliance with the City of Key West Fire Marshall and the City of Ivey West Building Department construction permit issuance requirements, the Property Owner will be required to install 1 g-volt "hard-wired33 smoke alarms in their condominium in Propeqy Oivner Noise Insulation Agreement Page 6 q1'28 Packet Pg. 1087 C.20.aa accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. In the event the Property Owner 'fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 1T Suspension of Program Process.. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property twiner 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 will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 1& Limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the [design process until the construction of the Program Improvements have been completed. 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 sale discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the _ County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 04 19, Pre and Post-Construction Nolse Testing Process. Pre post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception o repairs of Deficiencies) from the time of the re-construction noise test to the ost- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post construction noise test. 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 casts in the event these requirements are not met. 9. Cooperation,. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary.. .— ..... Prop eriv Ovvner Noise Insulation Agreement P 4�g e .7 q1'28 Packet Pg. 1088 C.20.aa 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. . Design_and Bid Process Access. At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice (via NIP entail and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from N I P participation. 21 Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. 4. Pre and Post Construction Access, At scheduled times and/or r upon not less than twenty-four (, 4) hours advance notice (via NIP email and/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 NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25 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. Eased 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 re-enter their property for any reason daring 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 Propeny Oivner Noise Jnsrate,rtron A reerrrent Pages 8(#`28 Packet Pg. 1089 ! C.20.aa participation and the Property Owner shall be liable to the County end/or Contractor for any and all resulting damages and all direct and indirect costs related thereto.. 26 Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Ivey West hurricane season, 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 andlor Contractor for any and all resulting damages and all direct and indirect costs related thereto. CL 7. Discover of Pre-Existing Deficiencies during Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period, The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. r N Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan) for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door Treatments.. Shades and Minds. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors. g. Existing Crown Moldiri . [wring 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 CHIP interior trim at their own expense. Prr peav Owner Noise 1nsulenr`on Agreanent bare 9 f'28 Packet Pg. 1090 1 . Communication Requirements, The Property Owner agrees to read and review all NIP ema is and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 2. Title Examination. The Program Manager has obtained or will obtain, at its sale oast and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 31 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 (1) correct any title defects affecting the Property which are disclosed by the ".Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 ca 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 Propertyr CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. LU r 4. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: r 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. CL _ . Reduction of Fresh Air Infiltration, The Property Owner will be required to sign Exhibit E (Ventilation Hold harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage of Materials_& Eoui,p eint. If the Property Owner desires to retain any of the material or equipment removed from 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 Propen.v Owner Noise Insulatiot'i Agrcacfl lent (qge 10 fy'?r Packet Pg. 1091 C.20.aa of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sale cost and expense, to maintain homeowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. 06 3 . Labor and Material Release. The Property Owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the general contractor. r r N 49. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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 terra, covenant or condition hereof: 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County„ shall pay to the County the sum of One Hundred Dollars ( 190.00) to cover the casts of the preparation and recording of the Release of Easement document is the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. PropertY Owner Noise lrrsttltttivtt,4gi-e i)tei-i Page 11 o ''18 Packet Pg. 1092 C.20.aa 4 . Authority to Execute On Behalf Of County, By Resolution No.. 111- 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17h 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit d: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement CL . General Conditions. 06 a. Oovernin Law, Venue Interpretation, Costs and Fees. i (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. r r (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 Properly Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of CL them, the issue shall be submitted to mediation prior to the institution of any ether 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. . Binding 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. Pr ope"r/Y Owner Nome Irrwrrla lon Agreerr e nt Pecr,,e 12 of 28 Packet Pg. 1093 C.20.aa 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 of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property owner action, as may be required by law. '® e. [duration of Agreement. 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 Improvement (the "Term")„ except as may be sooner terminated in accordance with the provisions of this Agreement. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bets. The LU 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 r 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 Disputes or Disagreements. The County and g p g shall be attempted to be Propertyowner agree that all disputes and disagreements resolved by meet and confer sessions between representatives of each of the parties, CL 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. i. Nondiscrimination. The parties 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 parties 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 V11 of the Civil Rights Act of 1964 (PIL 6 - 36 ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended ( 9 U C §§ 16 1-1683„ and 1685-1686), which prohibits discrimination on the basis of sex; 3) section 504 of the Rehabilitation ,Act of 1973, as amended ( 9 U C § 794), Prol,mr'Y,t,Oxvner Noise Insidalion,1greement Pcr-,e 13 (?1�28 Packet Pg. 1094 C.20.aa which prohibits discrimination can the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USA C §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 USC §§ 690dd-3 and 290�ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title VIII of the Civil bights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing„ 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender Identity or expression„ familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that �. no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. N k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner � covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one"s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Packet Pg. 1095 C.20.aa n, No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, ether than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Forte breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full' amount of such fee, commission, percentage, gift„ or consideration. o, Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The bounty 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 andCL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 termination or expiration of the contract. r N 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; CL (11) Keep and maintain public records that would be required by the County to perform the service, ( ) Upon receipt from the ounty'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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 ProperIV Oivner Noise lrasUhnion Ag c e,?rC'r9l �*r�g� 15 c f'28 Packet Pg. 1096 C.20.aa 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 beeps 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. ( ) 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 Property Owner of the request, and the Property Owner must provide the records to the County or allow the ca records to be inspected or copied within a reasonable time. If the Property Owner does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 UJ contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 9.1 gv Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 ( 0 ) 9 -- 47g, beadle briars monroecount -fl. ov, Monroe County Attorne 's office, 1111 12th Street, Suite 408, Key " 'Vest, FL 33040. p. Non-Waiver of Immunity+. Notwithstanding the provisions of Sec. 76 .2 , Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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. PrivilecLes 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-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Prrrlaegi� Owner Noise Insulation Agr~eeinew Pe(ge 16 ca '8 Packet Pg. 1097 C.20.aa 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, state statutes, case law; and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance ty lion-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations, The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement, r u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart.. CL 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. Properf.y Owner Noise Irasidalion t-green enl � puge 11 cal 8 Packet Pg. 1098 C.2Q.aa IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WIT `ESS S: PROPERTY OWNER: � Y� Sig e r, Signatur / Printed Name V Printed Name Signature / Ile -OUA-lf Date Printed Name CL WITNESSES: PROPERTY OWNER: N i Signature Signature Printed Name Printed Name '✓ r r cv Signature Date Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: ;4rip oRN Signature Ptao M PED J.MERCADo ASS Dat 26 C` Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1099 C.20.aa PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the iVoise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums-, 1. All condensing units will be installed on the balcony — . All refrigerant lines (running from the balcony condensing unit), will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. 8. All condensate lines will be installed on the building exterior consistent with KWBTB 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior AC lines (refrigerant, 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 CHIP Design Review Meeting, . 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 Rel2lacement. 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 CL to this revised plan, existing custom sills (marble, granite, wood") will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (314" x -112') 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 k_x-hlbit A - Prapegy t'11imer Noise Insulation Agreemem page 19(Y'8 Packet Pg. 1100 C.2Q.aa have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold eights. 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 dour thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. K BTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating l `B' T a condominiums in Buildings A,. B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to g 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 bath the "walkway" and `.`courtyard / balcony" building elevations. CL 06 laboratory y samples, the presence of asbestos LU Depending on the laborato analysis of these 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, LU LU - ceiling cuts required for installation of the ductless AC, r - wall cuts required for the installation of the ductless AC, w construction of vertical wall pilasters required for installation of the ductless AC system & ERA" ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement Requirements CL .. In the event any samples show a presence of asbestos containing material (AGM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples shove a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A - f x°oper t.1,Clivner Noised Irr,+°aal�rtrr���f��,�a{cr���r�r°al Page 0 o `28 Packet Pg. 1101 C.20.aa If sam les 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, ceilings, closets,, windo °s✓doors), approximately 4 feet from all walls and areas impacted b 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU - 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. CL G. KWBTS BOARD Authority of Design Decisions. 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 Myles 4. Interior Ductless "Mini-Split" AC System Installation Requirements 5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Pilled Kitchen Prime Door Policy Treatment Exhibit t A -Property Owner Noise Ins clarion.9 r eerrrerlt Page 21 Packet Pg. 1102 C.2Q.aa LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Apartment Knit known as Unit 21!-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 599, at Page 37 , of the Public Records of Monroe County, Florida. 06 CL CL i r r r r N .._..... Exhibit B- Pr o,pertly OivnerF Noise Insidalion A r~cxenwnt 2'01'28 Packet Pg. 1103 C.20.aa PROGRAM IMPROVEMENTS Exhibit C o Homeowner ner i i insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include: 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows CL 06 Replacement Aluminum Acoustical Swinging Prime Door(s) r 9 Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CL r r N L'xh1bit C--Property Ouver Noise Insulation AW,, eenlent Pqge 3 (?1.8 Packet Pg. 1104 C.2Q.aa DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit f 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 LU 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. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the [deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, cede violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 Packet Pg. 1105 C.2Q.aa necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. . The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph `l of this Exhibit Q apply to property damage, injuries, deaths, or damages arising, from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements, The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROP RT`4' 0WNER . . Sinatur 0 Printed Nerve CL 06 Printed Name LIJ r "9 am>.w..... � ,U- 1 atllre w x t . ♦ /tl _ gam Date N Printed Name r _. LIJ WITNESSES: PROPERTY G.t'it41NER: r N Signature Signature Panted Name Printed dame Signature CL Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Panted Dame Printed Name Signature Cate Printed Name Packet Pg. 1106 C.2Q.aa "VENTILATION HOLD HARMLESS AGREEMENT ' Exhibit E To Property Darner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 ca 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 CL whatsoever kind and nature on, account of bodily injuries or death, damage to the 06 LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 (ERR) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . 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 (ERA/) 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 Exhibit E- Propero, Owner Noise Insulation Agreeinent Page 26 q1'28 Packet Pg. 1107 C.20.aa bathroom moisture in a central building exhaust shaft. Luring 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 and/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 may 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 vent 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 their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assure 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 CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and 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 problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. r . The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation ,Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. T ES PROPERTY OWNER: p g ad,ure i signatur _.a ante ame Printed Name na [late Printed Name Exhibil E-Pr-rxpei lv f?siTnet-Noise I''ug 7 q �k Packet Pg. 1108 C.2Q.aa WITNESSES: PROPERTY OWNER: Signature Signature Panted Name Printed Name Signature Date Printed dame co co WITNESSES: PROPERTY OWNER: - CL Signature 06 Signature LIJ Printed Name 04 Printed Name r Signature Cate Printed Name c CL M Packet Pg. 1109 Address: K ,, West by the Sea C.20.ab Uni arne(s); t<. PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of ca certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the ley Test International Airport (the "Airport"), situated in the City of Ivey West, County of Monroe, CL 06 Mate of Florida, and in close proximity to the Property; and LU WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the Property Owner has elected to participate in the Key West -� International Airport's Noise Insulation Program (the "Program") and, as part of theco Program, the Property Owner has elected to obtain acoustical treatments and Improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Programs Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor's) to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant teams consisting of a team manager and assistant manager„ architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein„ and other good and valuable consideration, the receipt and ... .------- _. Property()r�wer�Noise lrr.idalron A r-c�c�rr eni I'trg 1 o ',S' Packet Pg. 1110 C.20.ab sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been regarded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements, Consistent with the Program and/or Federal Aviation Administration Airport improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the UJ Program Manager, and performed by the Contractor. N Impeding Corn titi e 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 a >_ competitive bid environment, the Property Owner is prohibited from having anyco 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 o County.the Counit re nits sole iscre on, result in dis qual f cation from then Prograampand P comply provision y q g and cancellation of this Agreement. . Construction Contract. The County will award the contract for the CL Program Improvements consistent wit.. Federal and County competitive bidding policies and procedures, The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. . Pre-_ & Post Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white age 01,;8 Packet Pg. 1111 C.20.ab space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; ( ) Removing all window and door treatments (such as blinds, gapes, plantation shutters„ etc.), and storing them in the "Designated Storage Space Area", ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing therm in the "Designated Storage Space Area"; ( ) 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" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space areas" back to their original positions in the condominium; �- ( ) Moving of any excessive furniture and belongings back intoco the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction, once construction of the Program Improvements begins, the Property Seiner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Properly Owner Noise Insulation Agreemew Page 3 ol'28 Packet Pg. 111!2 c.2o.aa alters the construction schedule, the Property fawner shall be liable to the Contractor and the County for any damages and all direct and indirect casts related thereto. . Safe Working Environment, 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; ( ) Providing 0 working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity-, ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such evert, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Pro erty Owner prior to the County resuming the �. Program process, co c. In the event the; Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Belays; During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall i 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 defy in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Packet Pg. 1113 C.20.ab sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Pr gram Improvements described in Exhibit C and such changes are necessitated by Ithe discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance ofWork. 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. Th,O Property Owner is requested to attend the Substantial Completion Inspection and provide input tote Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the tP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make determination as to the acceptability of the conform ancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conform anceiperformancetisues. 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. 00 12. Termination of Aorement. 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of � noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g. 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 Prol,r)rt.V Owner N'olSe Insulation Agreement Page 5«1'2 Packet Pg. 111'4 C.20.ab 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 warrantyissue(s). (1) The Prope�y Owner's inquiry is not directly related to either construction warranties or product arranties (such as window cleanings or product ether tZ maintenance) regardless of wh Property Owner's inquiry arises during the one- ca year warranty period from the Contractor or thereafter, ( ) The Property Owner believes that warranty service is CL 06 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 c,orrently conducting its business; and co ( ) Property service is required with The Pro ert Owner believes that respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-F.xistina Defic iencies. The Property Owner will be required to sign Exhibit D1 (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. CL 15. Pre-Work Requirements, The Property Owner will be required to complete any and all Pre-Work, as,regUired by the NIP to successfully accommodate the (VIP acoustic modifications. The iPropeqy Owner will be re uired to complete all designated Pre-Work items utili in their own funds and per the re uired deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-"Fork 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. City of Key West "Hard-Wired" Smoke Alarm Requirement. In compliance with the City of Key West Fire Marshall and the City of KeyWest Building Department construction permit issuance requirements, the Property Owner will be required to install 1 0-volt "hard-Wired'" smoke alarms in their condominium in Propert.v f l;+wer Noise Insulation Agreement Page 6 gj'28 Packet Pg. 1115 C.20.ab accordance with all applicable cod �s and regulations by the required deadline as established by the NIP, The Property Owner will be responsible to ensure that the smoke alarms are net installed in same areas within the condominium where NIP modification work will occur, to avoidl,,any potential impedance to the NIP construction process, In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP, deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may b temporarily suspended at any time d1iring the design and/or construction phases upon the discovery of Deficiencies du to their potential impact on the Program Improvements and product warrantie 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 knot completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18, Limitation on Alterations to the Property, The Property Owner CL agrees not to make alterations, or to permit any, tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and co damages related thereto. i 19. Pre and Post- nstruction Noise Testing Process. Pre- & post- construction noise testing is a very I 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 Property Owner agrees to provide access to their property for testing andCL agrees to not to make alterations to the interior of their property (with the exception of repairs of ,deficiencies) from the time of the pre-construction noise test to the host- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to presorve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these I requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the ' Proggram Manager and Monroe County in the performance of all phases of the Program, Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Pr•o,pe v-O7vner Noise h7SU101i0rt Agreement Pa), i€r 28 Packet Pg. 1116 C.20.ab 21 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 than twenty-four 24) hours advance notice (via NlP 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 survey, 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. 2 . Pre-Construction-Access. The Property Owner agrees to provide access to the Property forty-eight 4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability( to ensure that the Property Owner has met a l furniture storage responsibilities. Failure could result in the suspension of the scheduled NIP construction and the Property Owner shall CL 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect casts related thereto. r N 24. Pre and host Construction Access. At scheduled times and/or upon not less than twenty-four (24) hlours advance notice (via N/P email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, co County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could , include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements„ post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP' participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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 participa ing 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 re-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 Properly Owner rrt175'G'I/7.3'utClfJtlt7 A T`4'C/7 ?Y'td Page 8 t)1?8 Packet Pg. 111'7 c.2o.aa participation and the Property Owner hall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. . Construction Peri d Extension Due to Hurricanes. Since the NIP construction period will extend into the ley West hurricane season„ 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 theretoCL . Discoe __cif Pre,Existing Deficiencies Curing Construction. In the 06 event the Contractor discovers pre-e isting 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 rernediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending ,n the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. co . Impact of Unforeseen KWBTS Building Conditions onConstruction 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, wich 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 daysCL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door Treatments, Shades and Blinds. The Property Owner understands that, aft r the installation of new NIP acoustic window and doors, the existing window and/or d oor treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors. . Existing Crown Moldiq. 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. Propen..t Owner Noise Insulation grec=ment M-,ige 9 qf'8 Packet Pg. 1118 C.20.ab I 31. Communication Ede uirernents. The Property Owner agrees to read and review all NIP emails an / r letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fair to meet this requirement, it could result in removal from NIP participation. 3 . Title Examination. The Program Manager has obtained or will obtains at its sole cost and expense, On 'Abstract of Title, to ensure that the Property title is free from liens and/or title defects. 33. 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) se ure 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 CL may invalidate the Easement, this Ag eement shall be null and void, and the Easement 06 shall be terminated. r 34, Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Ovner shall subject the construction work on the project to such inspection and approval during the construction of the Program co Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manage 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 ay responsibility for maintenance and operation of CL these items. 3 . Reduction of Frsl Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilati n Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equip rie t removed from the Property as a result of the Program Improvements, the Propert 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 �o 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 NoperttV Owner Nol'se lnu,dolion Agree mem Page 10(#'2 Packet Pg. 1119 ! C.20.ab of such a written agreement, all iternis shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. , Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 g Labor and Material Release, The Property Owner releases and UJI 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 warranties for materials and workmanship contained in the contract with the general contractor. co 40. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Prop rty 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 CL the Property. 41. 'waiver. No waiv r 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines hat 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 ( 1 g .00) to cover the costs of the preparation and recording of th e Release of Easement document in the public records of Monroe County, Florida. Property Owner !understands that it is the Property Owner's responsibility to insure such payment is made in carder to "clear" the title to the Property,. Proper(y Owner Cs'cise Insulation Agreement. Page I ref'8 Packet Pg. 1120 i ' C.20.ab f 4 . Authority to Exec to On Behalf Of County, By Resolution No. 111- q 4, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th 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 Bard of County Commissioners. 44. Attachments, Attchments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit � Legal Description of Property c. Exhibit C: Program Improvements. d, Exhibit D: Defici ncy Hold Harmless Agreement e. Exhibit E; Ventilation Hold Harmless Agreement CL 4 . 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 be performed entirely in the Mate, co ( ) In the evnt 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. E ( ) 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 CL them, the issues all be submitted o 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 casts, 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, I b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure o the benefit of the County ,and Property Owner and their respective legal representatives, successors, and assigns. . _... _.......... m Properiv( vvner Noise Insulitlor .-Jureenient 1'frge 12(rJ'28 Packet Pg. 1121 i C..2Q.ab i C c. Seyerability. If ay term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each prty 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 Owned action, as may be required by lave. '® e. Duration of Ag eennent,. This Agreement shall commence upon the execution of this Agreement, subseq x ent 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. 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The County and Property Owner agree that each shall be, and i , empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used r for the purposes of this Agreement. g Claims for Federal or Mate Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and co state funds to further the purpose c( this Agreement; provided that all applications, requests, grant proposals, and fundig solicitations by the Property Owner shall be approved by the County prior to submission. h. Adjudication of VibiJULes or Disagreements.. The County and Property Owner agree that all dispu es and disagreements shall be attempted to be resolved by meet and confer sesioni between representatives of each of the parties. CL 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. I. Nondiscrimination The parties 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 #ithout any further action on the part of any party, effective the date of the court order. ;The parties 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 `ot°II of the Civil Rights Act of 1964 (PL - 862), which prohibit discrimination inkemployment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (26 USC §§ 1681-1688, and 1685-1686), which prohibits discrimination on the basis of sex; 8) Section 664 of the Rehabilitation Act of 1978, as amended (28 USC § 794), !'ropegj�Oiry er Noise Iris ulrrrion Agree"11071 Pougc 13 (?1'28 Packet Pg. 1122 i C.20.ab which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6 01-6167), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616)), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholi m 7) The Public Health Service Act of 1912, 523 and 527 ( 2 UC §§ 696dd- anc 296ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records ) Title VIII of the Civil Rights Act of 1968 (4 U C §§ 3601 et seq.), as amended, elating to nondiscrimination 'in the sale, rental or financing of Dousing; g) The ,American with Disabilities Act of 1990 (42 U C §§ 12101), as amended from time to time, relatin to nondiscrimination in employment on the basis of disability; 16�) Monroe County ode Chapter 14, Article II which prohibits discrimination on the basis of race, c lor, sex, religion, national origins ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j, Cooperation. In t e event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the Count and Property Owner agree to participated to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the s bstance of this Agreement or provision of the services under this Agreement. The C ounty 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 Attaciment or Addendum to this Agreement. co k. Boobs, Records and Documents. The County and Property Owner shall maintain boobs, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely ac ess to such records of each other party to this Agreement for audit purposes durino the term of the Agreement and for four years CL following the termination of this Agree ent. 1. Covenant of N Interest. The County and Property Owner covenant that neither presently has an p y y `interest, and shall not acquire any interest, which would conflict in any rnann r or degree with its performance under this Agreement, and that only interest of ach is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers a d employees as delineated in Section 112.313, Florida Statutes, regarding, but no fi Iuited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. f'rtaxctt�°d)�,iPea1°i"�'rri,s� 1�atrlrrlf��A ,'lrc�ct�t'ra! a'r 1 f czf"? Packet Pg. 1123 i is C.2U.ab n. No olicitation/Pa ment, 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, t solicit or secure this Agreement and that it has not paid' or agreed to ay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, contingent upon or resulting from the award or makingof this Agreement.o For the�o reach or violation of this provision, the property Owner agrees that the County shall hove the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover„ the full amount of such fee, commission, percentage, gift, or consideration,. o. Public Access. roperty Owner must comply with Florida public records laws, including but not limitedto Chapter 119, Florida Statutes and section 24 71'� 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 LU The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Fail re of the property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision it the form of a court proceeding and shall, a a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision hall survive any termination or expiration of the co contract. The Property Owner is encouraged to consult with its advisors about Florida public Records Law in order tc comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: CL (1) Keep and maintain public records that would be required by the County to perform the service. ( ) 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 1 w. ( ) Ensure that public records that are exempt or confidential and exempt from public records discloure requirements are not disclosed except as 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 Properiv Owner Noise Jrxsulait'on Agree,r tent T'crge 15 rl '28 Packet Pg. 1124 i I C.20.ab that would be required by the County to perform the service. If the Property Owner transfers all public records to the Cou ty 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 comp etion of the contract, the Property Owner shall meet all applicable requirements f r retaining public records. All records stored electronically must be provided to the County, upon request from the ounty's custodian of records, in a format th t is compatible with the information technology systems of the County. ( ) 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 Property 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 does not comply with the County s request for records, the County shall enforce the public records contract provisions in accordance with theCL contract, notwithstanding the Count 's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner. A Property Owner who UJ fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 g.1 g, r Florida Statutes. If the property owner has questions egarding the application of chapter 119, Florida statutes, to the property owner's duty to provide public records relating to this contract, co contact the custodian of public records, Brian Bradley, at ( g ) g - 470, bradle - brian monroecounty-fl.gov, Monroe aunty ttorney's office,. 1111 1 th Street, Suite g , Ivey West, FL 33040, p. Jon-Waiver of Immunity.. Notwithstanding the provisions of Sec. 7 . , Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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. Privileges 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 ber efits 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 perFormane of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County.. r. Legal Oli atiors and Responsibilities; Ikon-Delegation of Constitutional or Statutoa Duties. This Agreement is not intended to, nor shall it be construed as, relieving any particip ting entity from any obligation or responsibility -- _..... _.................... Prpe?rtY{ iilwer Noises Insulation.4greer Sent lid-ige 16 Packet Pg. 1125 i i C.20.ab imposed upon the entity by law exce it 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 resp` nsibility. 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 o the extent permitted by the Florida constitution, state statutes, case law, and, specif tally, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by on-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 Cointy 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 otherw se indicate that any particular individual or group of individuals, entity or entities, hav entitlements or benefits under this .Agreement ca separate and apart, inferior to, or s penor to the community in general or for the purposes contemplated in this Agreement. t. Attestations. T� e Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 LU and duties of the County or Property Cwner under this Agreement. r u. No Personae Liab lity. No covenant or agreement contained herein � shall be deemed to be a covenant lor 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 co Ag reement. 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 b, signing any such counterpart. CL vr. Section Heading Section headings have been inserted in this Agreement as a matter of convenie ce 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. Pro et—ty Ovviacr Noise Insulation Agreement 1'ca�c' I rr '28 Packet Pg. 1126 C.20.ab IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER- Ignatuiie Signature � a n Printed Name Printed Name r ig ture 1 J Date 7 Printed Name CL WITNESSES: PROPERTY OWNER: Sig. ( Signat e eta Mica 6 i�9 � C e— ` >- Printed Name U i,�e A 1VW Printed Name '✓ r9 w S'Ts— re I \ , I .1 Date E Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: M ®eut CleArkoRNEY Signature RO OHM P J.MERCADO ASS Date SST .� Y CJ ` Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1127 C.2Q.ab PROGRAM POLICY STATEMENTS Exhibit To Property Owner IS rise Insulation ,agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini- split" AC system to your condomini m as a part of the Noise Insulation Program modifications, the following lirmitations Sand restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony — . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with K BTB Board pc li y rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT Board policy rules to ensure t e highest level of consistency and building 06 architectural aesthetics. 4. All interior AC lines (refrigerant condensate, electrical) and Energy Recovery Ventilator (ERR) 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 corn. r pilasters will differ depending on your unique >_ condominium floor plan and numl'our of bedrooms. The NIP executive architect will LU co review this information with you at our NIA' Design Review Meeting. . Only electrical service panels tha 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 I o the presence of asbestos, the NIB will provide a new custom wood surround and sill in tend of the existing gypsum beard surround. Due to this revised plan, existing custom sills (marble, granite., wood) will not be replaced. CL This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown Molding and Ba elboards Restrictions The new asbestos abatement require ments will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally 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 c-infill. At new pilaster Inca ions and, if the thru wall ac infill abuts the existing baseboards, the contractor will instal a standard (314" x , -11 ') 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 Evhihil A -I'rop rtv(�ivncr Noise Insulation Agrecalent Puge 19 r,08 Packet Pg. 1128 C.20.ab have the option to replace the installe` trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doom and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing 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 g 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. CL 06 Depending on the laboratory analys s of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP r construction process to include: i window removal and acoustic window installation, door removal and acoustic c oor installation, removal of portable "through-wall" AC units and the infilling of openings, UJ UJ ceiling cuts required for installation of the ductless AC, Co wall cuts required for the installation of the ductless AC, construction of vertical wall pilasters required for installation of the ductless AC system & FV ducts, construction of closet soffit for installation of the F .V. F. Asbestos Abatement Requirements In the event any samples show a pre ence of asbestos containing material (ACI ), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtd ns 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. Eorh bilt A -Pr pert Owner!"wutve Insulation Agruvr�terat I'cr�,�e 20 of 28 Packet Pg. 1129 C.ZQ.1b If samples show a presence of ACM >11% The NIP contractor will be required t perform full asbestos abatement procedures as directed by the Environmental Protecti; n Agency (EPA) to include: - Construction of ACM contai' rnent barriers in all areas ( alls, ceilings, closets, window,sldoor ) approximai,ely 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging f ACM (resulting from demolition process) by certified asbestos abaterne t staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff tc allow access to containment areas by traditional CIO `non-abatement) workers CIO - THC will be required to pr vide executive oversight of all ACM abatement processes in all condomini ins throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU The presence of ACM will 6ave 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 FAACO -� will require THC to develop a design and construction plan that minimizes the disturbance of ACM to nsure the minimization of construction costs, duration, and liability to the contractor and IWBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. CL 'I G. KWBTS BOARD Authority of Dei ign Decisions. The KWBTS Board will have the Authority to make several of the Progrm design decisions to include 1. Acoustical Window and door Mater°a 2. Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operaltional Styles . Interior Ductless "Mini-Split" AC System Installation Requirements 6. Interior Ductless Mini-Split AC Sy tern Interior Soffit Design and Placement 6: In-Filled Kitchen Prime Door Policy reatment Packet Pg. 1130 I I c.2o.aa LEGAL DESCRIPTION OF PROPERTY E'xhiblt To Homeowner Noise Insulation Agreement Apartment Unit Known as Unit 3 -A, Atlantic Tower, KEY WEST BY THE SEA, '® e Condominium, according to a Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. r CL 06 LU r co CL r r _ I E,xhrhit B- Prrrpegv Owner Noise Insulation A r-ee'meat Page 22 Ef 28 Packet Pg. 1131 I i C.2Q.ab PROGRAM IMPROVEMENTS Exhibit C T Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible here that includes the Program Improvements developed by the Program, Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include: Architectural Drawings i Replacement Aluminum A,cc s ical Windows CL 06 LU • Replacement Aluminum Acous'ical Swinging Prime Door(s) r Replacement Aluminum Acousi ical Sliding Glass Patio Door(s) Co I ' Q i ................. ........... Exhibit C- Pr-opeqy Ovvner Noise Insulation Agr qle»rent Fare 23 r�/''N Packet Pg. 1132 C.2Q.ab DEFICIENCY HOLD HARMLESS EEMENT Exhibit To Property Owner Noise Insulation Agreement . In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the ieirs, 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„ offi ers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of CL 06 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 g undersi ned or their respective heirs, , rsonal representatives, successors and assigns i connection with any and all Pre-Exis ing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. co . The Property Owner urn erstands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner nderstands that the Deficiencies include any _ deficiencies present in the Property at he time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements: CL 4. If visible, the Property Cwner 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". a The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 E-0ii61t L- Pauper('Owner-Noise Insidation rv4gmement Page 4(, 28 Packet Pg. 1133 c.2o.aa i necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of w� rk. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies Bind/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation ,agreement. 8. The undersigned hereby;agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: PROPERTY OWWNEFR. Signature Signature r Prinled Name CL 06 1�40 Printed Name UJI i tUre '` ? 'a-Cm c cN w .11�, 1 date Printed Name WITNESSES: T_ PROPERTY OWNER: 00 signature 5 4ton i —T, m<< Pr 'et Name Printed Name C � 7; i toes j � CL S li � _�-�..� [gate .. c Printed Marne WITNESSES: PROPERTY OWNER: Signature I Signature Panted Name Printed Name Signature l Cute Printed Name I Lchihit D-Pr•opet to=Oulviel-Noise Irrsidal rarr A, r-ar�pm ent Pefge 25 of 2 Packet Pg. 1134 il; c.2o.aa VENTILATION HO D HARMLESS LES AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration f the compensation to be paid on behalf of the County and the Program for the Pro rain Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this!Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the eirs personal representatives, successors, and assigns of the undersigned, forever , releases, remises, discharges, indemnifies and 1­_ ca covenants not to sue, institute claimsiagainst, 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 CL whatsoever Find and nature on account of bodily injuries or death, damage to the 06 property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective personal representatives,heirs, p p , successors and assigns in connection with any and all;Ventilation Deficiencies (the Deficiencies74) against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. co The Program Improve ents may include the addition of acoustical windows and doors, removal and infil ing 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 fighter interior environment due to the elimination of all passive inside I outside air Ieaag that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ER ) unit which will provide an adequate exchange of inside / outside air to the condominium as CL required by building code.. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility forte proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments, Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the 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 E hibil G- Pr•Opegy 0,vnera Noise lnsulati«n Mgr krnent Page 26 ref 28 Packet Pg. 1135 l C.2Q.ab bathroom moisture in a central buil ingexhaust shaft. Curing the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Cue to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/or uses into the condominium interior. The Property caner agrees to assume full responsibility for the sealing of original wall vents in all ba hrooms and for any and all negative impacts that may 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 vent to the KW'B 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 their cost before the initiation of the Program construction process. FL rt ermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. The Property Owner un der tands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner wit in the interior of the condominium. The Property 06 Owner understands and 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 problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after � completion of the Program. lmprovemnts Co 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to _ injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arisinc 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 L shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their � respective heirs, personal representatives, successors and assigns. WITNESSES: P PROPERTI� WN LER Signature signatur Printed Nam Printed Name t , r - U i Date Printed Name Exhibit E-P;-(, aeo.y t~ wnei-poise hrst,dwioi'i Ap°c l In nt pejge'"o `8 Packet Pg. 1136 C.20.ab WITNESSES: PROPERTY ER Sign C +► ' Signature Prim ed Name r • «'. f Printed Name AA Is ig ure r � x � t,_ _ Date Printed Name -7 CL co WITNESSES: PROPERTY OWNER: Signature 06 SignatureUj Printed Name04 Printed Name r Signature j Date co Printed Name CL c 0 IL.x-hibii E A7`C?/?oqy 0w)iL'r Noise,Insitht1Coty A,,7'e ilTtM P(age 18(;1 28 Packet Pg. 1137 f Address: Key West by the Sea C.20.ac Unit No. - � PROPERTY O NER NOISE INSULATION AGREEMENT KEG'WEST INTERNATIONAL AIRPORT, MONROE COUNT' THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the Mate of Florida (the "County"), and the undersigned (the "Property Owner"). W I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key Nest, County of Monroe, Mate of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 LU WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West -� International Airport's Noise Insulation Program (the "Program„) and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements'); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager" ; and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and PropertV Owner Nuise Insulation Agreement—A310 Page 1 q1'29 Packet Pg. 1138 C.2Q.ac sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 11. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects, 2. Program Policy Statements. Consistent with the Program ands/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A, , Payment of Program Improvements, The County agrees to pay for CL the Program Improvements described in Exhibit C attached hereto. The Program 06 Improvements, will be approved by the Property Owner and County, managed by the UJ Program Manager, and performed by the Contractor. N 4. Irrypedin 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 a UJ competitive bid' environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. , Construction Contract. The County will award the contract for the CL 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 period defined by the Program Manager. . Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (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 area" (white l'ropertb,(inner Noise Insulation Agreement .,1310 Page 2 of�9 Packet Pg. 1139 C.20.ac space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling„ space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and staring them in the "Designated Storage Space Area" ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing there in the "Designated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing them in the "Designated Storage Space Area"; ( ) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 Uj b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i r ( ) Moving of all furniture 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 wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Bost-Construction responsibilities; the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. T Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Pr�)I ei-tr OJ t!iaer,,,!'rise lr,7strl�itlrr�7,Agi-,=einc,i7t -ADO Page 3 009 Packet Pg. 1140 C.20.ac alters 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. . Safe Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, ( ) Refraining from verbal abuse or profanity; (8) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the >- Program process. -� r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related' thereto. d. If the Program process is resumed„ the Property owner shall be CL 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. g. Construction Dglay . 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 o 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its ProperlY 0Avne1 ,'arse 1nsulafion Agreement .4310 cad 7{ Packet Pg. 1141 C.2Q.ac sole discretion, at any time wring the Program process„ provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit Q and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (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 determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. r 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 1 . Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. . The County agrees 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 g. 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 Packet Pg. 1142 C.20.ac 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; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; i ( ) 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 Deficiencies. The Property 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. CL , Pre-'work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will b required to complete all designated Pre-Work items utilizing their own funds and per the reguired deadlines as established by the NIP. 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. City of Ike West "Hard-Wired" Smoke Alarm Re uirement. In 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 be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in Parr eqy Oivner rVo see Insuler;?rcan A ree:aae A310 Page 6 r:1'29 Packet Pg. 1143 C.2Q.ac accordance with all applicable codes and regulations by the required deadline a established by the TIP. The Property PropeLly Owner will be responsible to ensure that the smoke alarms ,are not installed in same areas within the condominium where NIP modification work will occur, to avoid-anL potential impedance to the NIP construction roses In the event the Property Owner fails to install the designated "hard-wired'' smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Pro-gram Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18, Limitation one Alterations to, the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 sale discretion„ result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and. damages related thereto. 19. Pre and Post-Construction poise Testing Process. Pre- & post 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the pre-construction noise test to the post construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. .. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Prckpeqa-Owner Noise lrr.suCcnrrlrr el reeinew—A 10 a e .'()1,29 Packet Pg. 1144 C.2Q.ac 21. 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 than twenty-.tour (24) hours advance notice (via NIP email axed/car 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 survey, 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. 2 . Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N i 24. Pre and Past Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/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, Mate and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could = include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing, In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto.. 25, 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. used 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 re-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 .... ... _ _... P)-(-)peqv Owner Noise Insulation Agrc>enient -A310 Page 8 o ?9 Packet Pg. 1145 C.2Q.ac 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. 26. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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 cast 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 ca Property Owner shall be removed from NIP participation and the Property Owner shall r— be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. CL 27. Discovery of Pre-Existing Deficiencies wring Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period, The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program. Manager or Contractor. r 2 . Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / Door 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 be re-installed due to size differences between the new and, existing windows and doors. g, Existingn .Crown Moldi Curing 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 ante/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. Packet Pg. 1146 C.20.ac 1. Communication Reu_irements. 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 fails to meet this requirement, it could result in removal from NIP participation, , Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. . Cooperation in Clearing Title. Pricer to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage folders 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 Flatters"). 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 CL may invalidate the Easement, this, Agreement shall be null and void„ and the Easement 06 shall be terminated. LU 34, r Federal Assurance. As required by the Federal Aviation Administration„ the Property Owner agrees 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 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 CL these items. 5� Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of later_ial E ui_pment. If the Property Owner desires to retain any of the material or equipment removed from 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 Property Owner Noise Insulution Agreement -A310 Page /0 rs/'2 Packet Pg. 1147 C.20.ac of such a written agreement, all items shall become the property of the Contractor.. Materials and equipment not listed for salvage by the Property Owners all become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property, The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 3 . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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, CL 06 39. Labor and Material Release. The Property Owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the UJ UJ general contractor. r 40 Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title tote 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 CL the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any terra, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred dollars ( 100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. Propen"i,Owner Oise liisarliitioi,7.4,,Yi-eiiiet?t—A310 Pugu e 11 a '9 Packet Pg. 1148 C.20.ac 41 Authority to Execute On Behalf Of,County. By Resolution No. 11_ 20 4, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17 th 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, 44. Attachments. Attachments to this .Agreement include the following, which, are incorporated into this Agreement by reference. ai. Exhibit A. Program Policy Statements. b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E "ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 UJI a. Governing Laws, Venue, lnteTretation Costs and Fees. i (`I) This Agreement shall be governed by and construed in accordance with the Lawns oft e Mate of Florida applicable to contracts made and to be �. performed entirely in the State. r (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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, (4) 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. b. Binding,, 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. Packet Pg. 1149 C.20.ac c. everabilit . If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution; delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. 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. CL 06 UJ f. Acceptance of Gifts, Grants, .Assistance Funds, or Bequests. 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 bequests to be used for the purposes of this Agreement. g. Claims for Federal or Mate 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 Disputes or Disagreements. 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. CL a 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. i, Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1964 (PL 88- 82), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title V of the Education Amendment of 1972, as amended (20 LISC §§ 1681-168 , and 1685-1 86), which prohibits discrimination on the basis of sex; 8) Section 504 of the Rehabilitation Act of 1978, as amended (20 USC § 794), .. _.. A 0J9 t•tt 011,7 t VWY A310 Page 13 o 'N Packet Pg. 1150 C.2Q.ac which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U C §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended', relating to nondiscrimination on the basis of alcohol abuse or alcoholism„ 7) The Public Health Service Act of 1912, 523 and 527 (42 U C §§ 690dd-3 and 290ee- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; 6) Title Fill of the Civil Rights Act of 1966 (42 U C §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 ( 2 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimiinatioan provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, CL ). Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and property Owner specifically agree that >_ no party to this, Agreement shall be required to enter into any arbitration proceedings -� related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this, Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. rn. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. hroper/Y01cm Noise fnsulaliop3 Agreement--A310 &,ige a ' 9 Packet Pg. 1151 C.2Q.ac n. No 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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fees commission, percentage, gifts or consideration. o. Public Access, Property Owner must comply with Florida public records laws, including but not limited. to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and r 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 LU The County shall have the right to unilaterally cancel this contract upon violation of this prevision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract ,and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This, provision shall survive any termination or expiration of the -� contract. r 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. ( ) 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 cast provided in this chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 contracts transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records Packet Pg. 1152 C.2Q.ac 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 ounty'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 Property 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 does not comply with the ounty's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the aunty's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.16, Florida Statutes. 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- 76, bradle briancmonroecounty-fl.gov, Monroe County Attorney's office, 1111 12th Street, Suite 46 , fey West, FL 33040. p, Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 766.2 , Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rulesf 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-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed a , relieving any participating entity from any obligation or responsibility Pr oiler tY Owner Noise Insulation.,Igr eer enl ; 310 Page 16« `'9 Packet Pg. 1153 C.2Q.ac 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 constitutionals or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 15 and 1 , Florida Statutes. s, lion-Reliance on-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 ca separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute suchCL documents as the County may reasonably require in the performance of the obligations 06 and duties of the County or Property Owner under this agreement. r u. No personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or, employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be -� subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart.. CL 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. llrolrerit v Owner Noise Insulation Agreement-,,4310 Page I-, o '9 Packet Pg. 1154 C.2Q.ac IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, tV1A'ITNE SES: PROPE Y R# f i w ign re Printed Name IIle Printed Name Signatur Date CIO i Prnte ame - CL 06 F WITH SES. PROPERTY OWNER: , r ignature y 1 Printed Name Printed Name r Signat re Date Print Name CL c WITH SES. PROPERTY OWNER: -Ll ignatJre Signature We 4 Printed Name Pri ed Name &0' 'ure - / [rate ted Name Nopegy(Jrvwi� Nt ise h-isielrrrrrni Agwerrw),V A. 10 Page 18 o '9 Packet Pg. 1155 C.2Q.ac MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature Date M A TORNEY' AM CL 06 ASSISTA COUNTY ATTORNEY Date6/Z- r9 CL Property Owner Noise Insulation Agreement-A310 Page 19 of 29 Packet Pg. 1156 C.2Q.ac PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning. General Restrictions. While providing a new ductless "mini-. 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 — All refrigerant lines (running from the balcony condensing unit) will be installed consistent with 14WBTB Board policy rules, maintaining a maximum height of 4 inches. 3. All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. r . All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery "ventilator (ERV) ducts will be housed in new vertical wall and corner pilasters which r 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 CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 originally 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 acainfill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard (314" x 5-112') painted wood trim to abut the existing trim, rather than attempting to snatch the existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will Packet Pg. 1157 C.2Q.ac have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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. KWITS Asbestos Testing As required by state and federal requirements, TIC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 201 to April 2018 time period. This testing included collecting 7 to g 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. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU 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 infill'ing of openings, ceiling cuts required for installation of the ductless AC, wall cuts required for the installation of the ductless AC, construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the ERA. CL F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: if samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEP,A vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A -P opegy Owner Noise Insulation A r•eeir ent- A310 Page'C of''� Packet Pg. 1158 C.2Q.ac If samples 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, ceilings, closets, win owsldoor ), approximately 4 feet from all walls and areas impacted by the NIP modifications. R 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. m THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines, 06 LU The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r and coordination requirements of contractor crews. - given the cost to provide required asbestos abatement procedures, the FAA will require TH'C 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 K`BTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below, CL G. KVWBTS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment ...........__.....— E"xhir`rr`r'A ProperlY Owner Noise /rr.sidation Agreement—A31O Page '2 o '9 Packet Pg. 1159 ! C.20.ac LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 310-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominiums recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 CL CL i r r r 1;.vhihr1 B- f roperiv 0ivnerNoi.se Insulation Ag ee1neaxt ,4310 Pasrc>23 ra '29 Packet Pg. 1160 C.20.ac PROGRAM IMPROVEMENTS Exhibit C 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 property by a minimum of five ( ) decibels, A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging Prime Door(s) i • Replacement Aluminum Acoustical Sliding Mass Patio Door(s) CL EvIiihit C- Pr Oper�1y Owner Noise .4310 1 a Packet Pg. 1161 C.2Q.ac DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement . In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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, remises, discharges, indemnifies and ca 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 CL 06 whatsoever bind and nature on account of bodily injuries or death, damage to the property, LU 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. �- . The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL . 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. In the rare event "'Severe" Deficiencies are identified dluring 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-Pro)Jegy Owner Noise h7sulation Agreei enl--. 310 Page.15 g1'29 Packet Pg. 11672 C.2Q.ac necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROP R7TY OWNER: gnature SI re Fronted Norris , Md4+� 06 Printed Nerve UJ r i ature I . Date Printed Name WI - 4Snature P 0 ' nature I Panted Name We 4o The P121 Printed Name Signa...:re CL Date —F Prints Name . - — _ 0 WITI3 ®m..� Ply ER W11NE >r t ° Signa re Signature Printed Name Printed Name Signal re Date I Printe erne I Exhibit D-Pi,opei-i-'Ovvne)'Noise A310 P elge '1 d'7 Packet Pg. 1163 C.2Q.ac VENTILATION HOLD HARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "deficiencies") 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 (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Programs ductless AC system and energy recovery ventilation (E 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 Exhibit F. - Prop errt.v 0itwer Noise Insidalion A rrcea lent—,43/0 Page 7 009 Packet Pg. 1164 C.2Q.ac bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTB 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 and/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 may 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 vent to the KWBTB 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 their cost before the initiation of the Program conistruction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium,. The Property 06 Owner understands and 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 problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the 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 E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. hill PROP RTY OWNER: *nature s Ve Printed game Panted fame Sig tore Date Printed Name Exhibit E-Pr°opei~tt.Oiviwr Noise 1r'rsn1atio),i,4gt°ce1?iew .431 i1 Page 8 o 29 Packet Pg. 1165 C.20.ac WI` NE RCS w 19natu e Printed blame Printed Name Sgna re _ Date Prin e ame I _..._............ --- F ITNE WPETYOWRE- R- CL Si attire 06 N Signature Uj Printed Dame i Printed blame r Signad.reUj y- Date Print ame CL C C Exhibit E- Prop -tt'Ovtwo-r1/rrtve A310 � Puge 9 o `N Packet Pg. 1166 Address: Key West bv the `yea C.20.ad i PROPERTYLT Alit No.: E INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, N OUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNT', a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). LTNEET WHEREAS, the Property Owner is the sole record owner in fee simple of ca certain real property located in the City of Key West, County of Monroe„ State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Frey West International Airport (the "Airport'), situated in the City of Ivey West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on ,exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical f electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Praopert,v Owner Noise lnsul alion Agreement Page 1 0 `28 Packet Pg. 1167 C.20.ad sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. 3. Payment of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. 4. Impeding 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 a >_ 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. 5. Construction Contract. The County will award the contract for the 0. 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 period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (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 area" (white Property Owner Noise Insulation Agreement Page 2 of 28 Packet Pg. 1168 C.20.ad space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; (5) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" 0. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: r (2) Moving of any excessive furniture and belongings back into the condominium; (3) Re-installation of all wall treatments, door treatments and wall 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 for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Property Owner Noise Insulation Agreement Page 3 of 28 Packet Pg. 1169 C.20.ad alters 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 Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind 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. 0. 06 LU b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope 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 Packet Pg. 1170 C.20.ad sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 scale 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the N/P construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. 1 , 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 to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of � noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one 1) year 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 g, 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 .......... Properl.v t'Jivn r Noise Insulation.4lrreerr eni p ag;c ✓} r> '24h Packet Pg. 1171 c.2o.ac! 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 issues): (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; CL (2) The Property Owner believes that warranty service is 06 required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; i ( ) 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 Deficiencies. The Property 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. CL 15. Pre-'Fork Reguirernents. 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 Pro eLt Owner will be re uired to complete all designated Pre-Work items utilizing their own funds and Per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Fork items by the established NIP deadline, the Property Owner shall be removed from TIP 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. City of Ivey West "Lard-'mired" Smoke Alarm Requirement. In 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 be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in Propertly Owner Noise Insulation Agreement P�r xc 6 r�{.M Packet Pg. 1172 c.2o.ac! accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid an otential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke ,alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception o repairs of Deficiencies) from the time of the pre-construction noise test to the past- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. g... Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Packet Pg. 1173 c.2o.ac! 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 than twenty-four ( 4) hours advance notice (via NIP email andl'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 survey, 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. . Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to unsure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 1 4. Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four ( 4) hours advance notice (via NIP email and/or letter and per the established [SIP construction schedule assignment, the Property Owner >_ agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits, These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/orCL Contractor for any and all resulting damages and all direct and indirect costs related thereto. . 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 re-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 Pr•opertY (A ner-Noise Inurrlratkni Agreement Page 8 r?J.8 Packet Pg. 1174 c.2o.ac! 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. 28. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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 ca and indirect costs related thereto. 27. Discovery of Pre-Existinq Deficiencies During Construction. In the CL 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period.. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. r 28. Impact of Unforeseen KWBTS Building Conditions on Construction , Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors.. 8 . 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 [SIP 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. 1'a°opern,Owner Noise Insulation Ap-ceaaae'at Page 9 o08 Packet Pg. 1175 c.2o.ac! 1. Communication I eguifements, 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 fails to meet this requirement, it could result in removal from NIP participation.. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 6. 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 Putters affecting the Property CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 64. 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 CL these items. 35 Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Fold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Galva-e of Materials & E ui rnent. If the Property Owner desires to retain any of the material or equipment removed from 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 r1ropertY("Jive r Noise Insulation Agreement Page 10 raf 8 Packet Pg. 1176 c.2o.ac! of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7� Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program.. . Timing_ and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 g. Labor and Material Release. The Property Owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the UJ UJ general contractor. r r 40. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title tote 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 CL 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 terra, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( lgg.gg) to cover the casts 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Pr opertl,()lamer.1r"OIse Insulation forge /1 qJ'8 Packet Pg. 1177 c.2o.ac! 41 Authority to Execute Can Behalf Of Coup . By Resolution No. 11- g4, duly motioned and passed at a lawfully announced public meeting, the Board o County Commissioners of Monroe County, did, on the 17t 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. 44. Attachments, Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A. Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: 'ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 a. Governing Law, 'venue, Interpretation, Costs, and Fees. i (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. r r ( ) 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 tern of this Agreement by or between any of CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Bindinq 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. Pr•o yea .v Owner Nol'yc Insulation Agreeinent Pagu /?rY'8 Packet Pg. 1178 c.2o.ac! 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 of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. . Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. 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, CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, car Eeouests. The UJ 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 r for the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and i , 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 b approved by the County prior to submission. h. Adjudication of ais,putes car Disagreements. 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. CL 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. i. Nondiscrimination. The parties 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 parties 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 I of the Civil Rights Act of 1964 (PL 88- 35 ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin, ) Title IX of the Education Amendment of 1972, as amended ( 6 U C §§ 1681-1683, and 1688-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ( g USC § 794), Pr oper'ta°Oiv er•!`Noise Insulevion A reenient page 13 gf'28 Packet Pg. 1179 c.2o.ac! which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-610�7), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation .Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ) The Public Health Service Act of 112, 523 and 527 (42 USC §§ 690dd-3 and 90ee- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1966 ( 2 USC §§ 3601 et seq.), as amended, relating to, nondiscrimination in the sale, rental or financing of housing„ 9) The Americans with Disabilities Act of 19901 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis < of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 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 ether party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, ands all not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112. 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. !'roperiv'Ovvn r Noise Insulalion Agreement Page 14 r?1'28 Packet Pg. 1180 C.20.ad n. No 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, rather than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover" the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section of article I of the Constitution of Florida. The County and Property Owners all 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 III The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner.. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 casts associated with that proceeding. This provision shall survive any termination or expiration of the contract. r 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. 119.0791 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. ( 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except a authorized by law for the duration of the contract terra 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 Packet Pg. 1181 c.2o.ac! 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' custodian of records, in a format that is compatible with the information technology systems of the County. ( ) 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 Property 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 does not damply with the County's request for records, the County shall enforce the public records contract provisions in accordance with theCL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.101, r Florida Statutes. 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 (30 ) 292-3470, br dle a brian monroecount -fl. gov, Monroe County ttorney's office, 1111 12th Street, Suite 493, Key West, FL 33040. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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 prevision for waiver. q. Privileges and immunities.. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and rather 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-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Pr operti,Owner Noise Insidolion Agr r einerrt f'true 16 r?f',S Packet Pg. 1182 C.20.ad 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 , Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations, The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement_. r u. No Personal_ Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or b 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. CL 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. Pr<rpegy Owncr (.,)isc 1nsulcrtr'on -I r-cterr ent Page 17 ol"8 Packet Pg. 1183 C.20.ad IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. 1T S ES: PROPERTY OWNER: S Khwture Signae'r l 1 f ((�� Printed Name 1 K j am ,AA/ F�ri-ntecf Name ate, sign ture µ Date EAJAIJej--t- PrVte—d Name CL WITNESSES: PROPERTY OWNER: 06 Signature Signature i Printed Name Printed Name >- r r Signature M Date Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: oN RNEY r ` Signature AP D O M f,STAN COUNTY ATTORNEY Date Date 26_ Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1184 c.2o.ac! PROGRAM POLICY STATEMENTS Exhibit To Property er Noise Insulation Agreement A. Air Conditioning:_i3eneral Restrictions. While providing a new ductless "mini- 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 — . All refrigerant lines gunning from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a. maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT Board policy rules to ensure the highest level of consistency and building 06 LU architectural aesthetics. 4. All interior AC lines (refrigerant„ condensate, electrical) and Energy Recovery Ventilator RV) 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 >- LU condominiurn floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. . 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 Replace entr Due to the presence of asbestos, the NIP will provide 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 not be replaced. CL .. This revision will be an improvement„ while decreasing constriction oasts 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (314" x -1/ ") 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 E°ih1 r!#t - Pr.operr,Owner Noi'se Jnsidalion Agr<-emenr Page 19 q1'8 Packet Pg. 1185 c.2o.ac! have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Glue to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging deers and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing doer thresholds. These higher door thresholds are designed to provide optimum protection to the Interior of a condominium from water Infiltration during a hurricane. E. KWBTS Asbestos Testis 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 201 time period. This testing included collecting 7 to g samples at each condominium to include gypsum board joint compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco samplers were collected on both the "walkway" and "courtyard 1 balcony" building elevations. CL 06 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 A , - construction of vertical wall pilasters required for installation of the ductless AC system & EV ducts, - construction of closet soffit for installation of the ERV. CL F. Asbestos Abatement Re mire eats In the event any samples show a presence of asbestos containing material (ACM), the awarded NIA' contractor will be required to perform the following abatement requirements during construction: If samples show .a presence of All < 1 a 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. Exhi it:# - Pe°cztrc r i,v Ovvner•Nplc se Insuhaion Agreement 1$c1ge 0 ql'2 Packet Pg. 1186 c.2o.ac! If samples 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, ceilings, closets, windows/doors), 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 al,l condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU - 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 TFC 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. CL G. BT BOARD Authority Design Decisions. The KWBT 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 . Acoustical Window and [door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation requirements , Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Pilled Kitchen Prime Door Policy Treatment l-,'xhibit A -Pr'r,per i'v Owner Noise Insulation Agr~eemem Page 1 raf?8 Packet Pg. 1187 c.2o.ao LEGAL DESCRIPTION OE PROPERTY Exhibit To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 311-A, Atlantic Tower, KEY WEST BY THE SEA, z a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at. Page 370, of the Public Records of Monroe County, Florida.. 06 LU CL CL i r r r r Exhibit B-Property Owner Noise Insulation A reepnew Pa,->22 gl'2S Packet Pg. 1188 c.2o.ac! PROGRAM IMPROVEMENTS 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 property by a minimum of five ( ) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement aluminum ,Acoustical Windows CL 06 LU Replacement aluminum acoustical Syringing Prime Door(s) r Replacement Aluminum acoustical Sliding Glass Patio Door(s) CL r r Exhibit C#Property O vner•Noise Insulution Agr°ec{r lent Page 23 z?1'8 Packet Pg. 1189 c.2o.ac! DEFICIENCY L - HARMLESS AGREEMENT Exhibit PropertyTo ner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached', the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors„ and 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 LU 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. �- The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 o construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Packet Pg. 1190 C.20.ad necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work, 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage„ injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the 'benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. - E P P RTY ER: nature Si n turnCL IV ttl IJ�l r 06 _ Prn Naene i ted N&Te UJ Sig g w Date Printed Name � _e WITNESSES: PROPERTY OWNER: r Signature Signature Printed Name a� Printed Name i Signature CL Date Printed Name _ .e _....... c, WITNESSES- PROPERTY OWNER., Signature Signature Printed Name Printed Name Signature Date Printed Name _.. __...... _ ........ _ ....... f;x, ibii D-1'ol'.?ei-tt 6liv ei-Nois 11age 25 qj 28 Packet Pg. 1191 C.20.ad VENTILATION LD HARMLESS AGREEMENT Exhibit o Property Owner Noise Insulation Agreement 1. in partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever bind and nature on account of bodily injuries or death, damage to the LU property and the consequences thereof, and any of the foregoing which may accrue to r the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. . The Program. Improvements may include the addition of acoustical windows and doors, removal and infilling 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 (EPA) unit which will provide an adequate exchange of inside / outside air to the condominium as CL required by building code. . 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 (ERR) 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 L;vhibif E-T'ropertly Owner Noise lnstalafior7 Aga-c>ersfient � Page 16 ol'8 Packet Pg. 1192 C.20.ad bathroom moisture in a central building exhaust shaft. Curing the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Cue to this existing condition, those original well vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent to the KWBTS central building exhaust shafts, they agree t correct this deficiency by properly exhausting their laundry dryer exhaust in an alternative method that meets current building code, at their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity n levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP, venting modifications after completion of the Program Improvements. LU r 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this EhibitE apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildewy,-and/or lack of proper exhaust ventilation, The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner poise Insulation ,agreement, CL The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their resp tive heirs, personal representatives, successors and assigns. -- I PROPERTY OWNER: Si nal re r ign4u�e Printed Name Print am i nature Printed Name _ Exhibit E Pr'opet,ty(Jvowr Noise Irasrricrtion.-giver eld Ptt, c. 7€?1'28 Packet Pg. 1193 c.2o.ac! WITNESSES: _ PROPERTY OWNER: i Signature Signature Printed dame Printed Name I Signature Date Printed Name cn co co WITNESSES: PROPERTY OWNER: CL Signature 06 Signature Uj Printed Name 04 Printed Name r Signature ?- Date Printed Name CL C C zr°'.tlrib t E- PrcJpet•ty,0)i^wt 'Noise.h7sulatiws Agrc>enwilt m� ll(age 28 of-'1 s Packet Pg. 1194 address; e , 4A est b the Sea C.20.ae C}nit No,: Key Name(s) PROPERTY OWNER NOISEINSULATION E KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between M IR E COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). - IT N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of ley West, County of Monroe, Mate of Florida, and more particularly described on Exhibit B attached hereto (the "Property"'); and WHEREAS, the County is the owner and operator of the Ivey West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL Mate of Florida, and in close proximity to the property; and 06 LU WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the Property owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of theco Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigtion easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team, manager and assistant manager., architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms„ covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Pr opur l.v Owner Noise pa,xe 1 Packet Pg. 1195 C.2Q.ae sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows- 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the pudic records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. Payment of Prot ram Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor, Impeding 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 a competitive bid environment, the Property Owner is prohibited from having any co `o discussion or communication with the Contractor in relation to the Program, the contractor's bids or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract, The County will award the contract for the CL 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 period defined by the Program Manager.. . Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (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 area" (white llroperl.y Oi ne r Noise, Jnsidevion Agreement Pa c ?o 8 Packet Pg. 1196 C.2Q.ae space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area" ( ) Removing all window and door treatments (suds as blinds, drapes, plantation shutters, etcj and storing them in the "Designated Storage Space Area": (5) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before staring them in the "Designated Storage Space area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; ( ) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 LU b, after completion of the NIP construction, the Property Owner shall meet all Past-Construction requirements to include: i r (1) Moving of all furniture and belongings stared in the "Designated Storage Space ,areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back intoco the condominium; ( ) Ike-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d, in the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program. Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Packet Pg. 1197 C.2Q.ae alters 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. Safe Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/o�r explosives; ( ) Refraining from verbal abuse or profanity; — ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained: CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property r Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. -� co c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays, During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the tirne 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-bid in the event of lacy of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. . Chances to Scope of Work. The Program Manager reserves the right to snake changes to the plans and specifications and the Program Improvements, at its pi-o el-II' Noise Insulation A ryecrrtew Pa 4 ol'8 Packet Pg. 1198 C.2Q.ae sole 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 Q and such changes are necessitated by the discovery ofhidden conditions not readily detectable during normal property inspection procedures. 11. Acce Lance 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined ,before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then mare determination as to the acceptability of the conformancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. co 12. Termination of Areernent. The Property Owner understands that = the signing of this Agreement initiates both the BILE 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 13. `' Warranties. The County does not represent or warrant the level of � noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g. 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 Packet Pg. 1199 ! C.20.ae 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; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 co (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 [deficiencies. The Property 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. CL 15. Pre-Mork Ike uirments. The Property Owner will be required to complete any and all Pre-'Fork, as required by the NIP to successfully accommodate the NIP acoustic modifications.. The Property Owner will be required to complete all designated Pre-Work items utilizin_ their own funds and per the required deadlines as established bv the NIP. 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. 1 . City of Key West "Hard-Wired" Smoke Alarm Reguirement. In 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 be required to install 1 0-volt "hard-wired" smoke alarms in their condominium in P1'(}pegjy Owner Noise Insulation Agreer)jenl PLIv 6 L7 _N Packet Pg. 1200 C.2Q.ae accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Pro ert Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 177 Suspension of Program Process. The Program process may be temporarily suspended at any time duringi, the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager, In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 1 . Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the CL 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 r Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and 00 damages related thereto. 19, Pre and Post-Construction Noise -Testing-- Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the except/ova of repairs of Deficiencies) from the time of the pre-construction noise test to the _post construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. g. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Property tjwn r.3'1'rrrseInsulcatioatAgrckc=Trent pcage7()1*2 Packet Pg. 1201 C.2Q.ae 21 . 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 than twenty-tour (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to collect and develop all final design and hid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the 'Property Owner 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. 2 . Pre-Construction access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect casts related thereto. N i 24, Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, co c County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits, These visits could' _ include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide ,access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/orCL Contractor for any and all' resulting damages and all direct and indirect costs related thereto, 25. 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 re-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 Propcoy t'ivn r Noise Insulation Agrcerr ew PuU8 o .?8 Packet Pg. 1202 C.20.ae 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 season, 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 cast 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 warp 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 casts related thereto. CL 7. Discover of Pre-Existing Deficiencies During Construction. In the 06 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 turning of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. 00 3. Impact of Unforeseen KWBTB Building Conditions on Construction Schedule, The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door Treatments, Shades and Blinds. The Property Owner understands that, after the installation of new NIP acoustic window and doers, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors. 30. Existing Crown Mold_i_nq. wring 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 oven expense. Prope ft d d1vn r Noise lta.�iii4ittr�),t,'greeiiie"t Pt e 9 of 28 Packet Pg. 1203 C.20.ae 31. 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 fair to meet this requirement, it could result in removal from NIP participation. 3 , Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an ",Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. Cooperation in Tearing Title. Prior to the commencement of construction of the Program Improvements, the 'Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 ca 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. LU r 3 . Federal .Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: r a. The Property Owner shall subject the construction work on the >_ project to such inspection and approval during the construction of the Programco 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 CL these items. 3 . Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36, Salvage of Materials, & Equipment. If the Property owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Pr oiler lY Owner)Voise Insulation Agreement ent Page 10 rrf'28 Packet Pg. 1204 C.20.ae of such a written agreement, all items shall become the property of the Contractor, Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37 Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cast and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timirr_q and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 g. Labor and Material release. The Property Owner releases and UJ forever discharges any and all claims, suits and actions against the Program "tanager; 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 warranties for materials and workmanship contained in the contract with the general contractor. co `o 40. Sale of Pro ert . In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 41. Waiver'. No waiver of, acquiescence in, or consent to any breach of any terra, 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. 4 . release of Easement.. In the event that this Agreement %s 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 Collars ( 10 .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's responsibility to insure such payment is made in order to "clear" the title to the Property. Prcrpegy Ownerr ,Vois°ea _. _ .. .. Page I qf'2 " Packet Pg. 1205 C.2Q.ae 43, Authorily,to Execute On Behalf Of Count . By Resolution No. 111- 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this 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 CL 4 . General Conditions, 06 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 be performed entirely in the State, co (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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Binding 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, ... �..__.. _.._. T'r°t L t'Owner NoiSc I3,Sar giltorn +°tG}rfircrtr Page J 1 o '28 Packet Pg. 1206 C.20.ae 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 of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement,. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Ag,reemen . 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. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests, 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 bequests to be used � for the purposes of this Agreement. g, Claims for Federal or Mate Aid. The County and Property Owner agree that each shall be, and i , empowered to apply for, seek, and obtain federal and co 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 Disputes or Disagreements. 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 CL 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. i. Nondiscrimination. The parties 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 parties 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 V II of the Civil Rights Act of 1964 (PL 6 a 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1661-1663, and 16 5-1666), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), Packet Pg. 1207 C.20.ae which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U C §§ 610�1-6167), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1976 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 696dd-6 and 296ee-6), as amended, relating to confidentiality of alcohol and drug abuse patient records; 6) Title Vill of the Civil Rights Act of 1966 (42 UC §§ 6661 et seq.), as amended; relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1996 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis '® of disability; 16) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex„ religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 UJ 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 ether party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that � no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any attachment or Addendum to this Agreement. co k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of two Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313,. Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. .......... Pr corm,Owner Noise Insulalron A oreetnenl Page 14(#'28 Packet Pg. 1208 C.20.ae n. No 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 for it, any fee, commission,. percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County ,and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or ether "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 CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this LU provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may � enforce the 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 termination or expiration of the contract. co 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) Deep and maintain public records that would be required by the County to perform the service. ( ) 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract terra 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 Propeart),()weer Noise Irisulalion A recrnent f uge 15 (,?1'28 Packet Pg. 1209 C.20.ae 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 aunty'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 Property 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 does not comply with the ount 's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the ounty's option and right to unilaterally cancel this 06 UJ contract upon violation of this provision by the Property Owner. A Property owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, r Florida Statutes. 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, co contact the custodian of public records, Brian Bradley, at ( 05) 202- 470, bradley- rian monroecounty-fl.gov, Monroe County Attorney's office, 1111 12th Street, Suite 408, Key West, FL 33040, p. Mon-Waiver of Immunity. Notwithstanding the provisions of Sec. 768,28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL insurance coverage, or local government liability insurance peal 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. Privileq_es 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 Responsibilitiesy. Non-Delegation Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility _ .._....... _. Pro ert.j,01+wer Noise hige 16 o "?8i Packet Pg. 1210 C.2Q.ae 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, 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 tote community In general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 LU and duties of the County or Property Owner under this Agreement. r u. No Personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal (liability or accountability by reason of the execution of this co 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. CL 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. Propert7,Owner Noise Insulatio17.4gt'eement Page 17( ' 8 Packet Pg. 1211 C.2Q.ae IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. W S PROPERTY OWNER: Si ure �~ L C)-r Si ture Printed Name Printed Name nature r Date rinted Name U) CL ES S: PROPERTY OWNER: ra Signa Ignre — >- Printed Name l/ rinted Name 00 CD Lure . ,". Date Printed Name 0) 2 CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk ro Signature NRO OMEY OV P J.MR�ATTORN!��/ A TY Date Date_ ____---_-- _.-. ..._.___...........-_-_................__._-_.___.....................___-__. _____ ........... ...... Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1212 C.2Q.ae POLICYPROGRAM STATEMENTS Exhibit To Property Owner Noise insulation Agreement A. fair Conditioning: General Restrictions. While providing a new ductless "min'- 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 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board police rules to ensure the highest level of consistency and building architectural aesthetics. 4. All interior AC lines (refrigerant, 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 co review this at your NIP Design Review Meeting. 5. Only electrical rse i e panels uthat 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. Clue CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction casts and improving time efficiencies. + .. 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( 14" x 5-112') 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 Packet Pg. 121'3 C.20.ae have the option to replace the installed trim with other custom trim to mate the existing materials and profiles. D. Door Threshold Heights. 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 fluor) 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. KWB,TS Ashestoa TestinA As required by state and federal requirements, TIC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, D and C during the November 2017 to April 201 time period. This testing included collecting 7 to g 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. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU 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, Co - 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 E ' . CL F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a presence of Alyl � The NIP contractor will be required to comply with OSHA A worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A -Property Oia,ner Noise In ulution A,greelnegal Page 0 cif'?6' Packet Pg. 1214 C.2Q.ae If samples show resence of ACM >1 The NIP contractor will be required to perform full asbestos abatement procedures a directed by the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows/doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. Abatement and bagging of ACM (resulting from demolition ,process) b 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 (SIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAAco -� 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. CL G. KWBTS BOARDAuthority o_ f Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include; 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment . ....... Exhibit A -Pr operatt'(3r-vner,Noise Inst lcalion Agrc}err eni Page'I rr ?t Packet Pg. 1215 C.20.ae LEGAL DESCRIPTION OF PROPERTY Exhibit To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 408-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to, the Declaration of Condominium, recorded in Official 'Records Book 589, at Page 370, of the Public Records of Monroe ca County, Florida. a- CL 06 LU r co CL a r r Exhibit B-Prop ertv Oivner .Vor'se Insulation Alareer enI Pqg 21 qj 28 Packet Pg. 1216 C.2Q.ae PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise InsulationAgreement This Exhibit C represents the Program improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels.. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical Sliding Mass Patio Door(s) Co CL Exhibii C- Pr'oi)eri,V 01i'ller Page 3 r> '8 Packet Pg. 121'7 C.2Q.ae DEFICIENCY LAGREEMENT Exhibit To. Property ner Noise Insulation Agreement In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the ,agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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, remises, discharges, indemnifies and covenants not to sine, 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 CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the property, LU 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. co The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 1 The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution oft is Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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".. . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 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- Pt•r.speril,Oii,,, er Noise Insuhviort Agreement Page 24 ol'8 Packet Pg. 1218 C.20.ae necessary repairs to the Property, to the acceptance of the Program Manager to minimize any defy or stoppages of work. 7' The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements, The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement, w The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROPERTY OWNER: Sim14 atur � Printed Name CL Printed N.rneUJ r attire µ . n" " '�'. � .,., _... Date Printed Name f IT . PROPERTY OWNER 00 signet; re Sig ture - Printed Name -• Printed Name � Wjw j -1-- s ature CL , - ............CILU Date Printed Name WITNESSES: PROPERTY OWNER: I Signature Signature Printed Name I Printed Name Signature Date Printed Name 1 Exhibit D u A-opet-f.v Owiwt� Noise hrsrrlrriiwi Agrwmew Fogye 25 gf'2,N Packet Pg. 1219 C.20.ae "VENTILATION L LES AGREEMENT Exhibit T Propertyner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. co The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 (EP"V') unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL 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 (E RV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited, Due to F , 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 KWBTB condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of Exhibii E- ProPe qjt Owner Noise Insulation Agreement Poge 26 t,J'2 Packet Pg. 1220 C.2Q.ae bathroom moisture in a central building exhaust shaft, luring the Program design survey process it was discovered the KWBTS buildings lacy a solid central building exhaust shaft.. Due to this misting condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent 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 their cost before the initiation o 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. 8, The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity level'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. Co 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. I_ IT PROPEROWNER: Sig at a Sigirfiture Printed Name Si r&ature ... ,M ` Gate M Printed Name Exhibit E-Nojj e)-ty Ovivea°Noise lra,sulcalitm 4gl-eeaa ew 7 o '28 Packet Pg. 1221 C.2Q.ae I N SES' PROPERTY OWNER: t r Sig C L 4 "-'�' Ignakure Printed Name �LL ' x Printed Name Sigatre i Date � y P tinted Name co co WITNESSES: PROPhR�TY OWNER: g. CL Signature ,, 06 s n ture Uj Printed Name Panted Narne 3 Signature Dat6' co Printed Name . i CL c c 0 M ....._ e Ea~hib t E- Prfzpei—t1'Okr i7ei-N"oisc ln,.s2rlclticwt 13giventent Pc(ge 8 c '28 Packet Pg. 1222 Address: , v West by the Sea C.20.af Unit o.- t i` ame(s). .._ PROPERTY INSULATION KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between l' ONR E COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner").. I N ESS ETH: WHEREAS, the property Owner is the sole record owner in fee simple of ca certain real property located in the City of ley West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "property"); and WHEREAS, the County is the owner and operator of the key West International Airport (the "Airport"), situated in the City of Ivey West, County of Monroe, CL State of Florida, and in close proximity to the property; and 06 Uj WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taping off from, or maneuvering about the Airport-, and WHEREAS, the property Owner has elected to participate in the Key West -� International Airport's Noise Insulation program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"), said Program Improvements to be paid for by the County at no cost to the property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the program Improvements-, and '"WHEREAS, the program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "program Manager") and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Prraperiv Owner Noise InsulatronAgreen7ent Pa e 1 o `"� Packet Pg. 1223 C.20.af sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1'. gent of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N 4. Impeding 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 a 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 sale 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 CL 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 Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "designated Storage Space Area" within the condominium, providing the required "clear area" (white Propxeri.v Oivner Noise Insulaii n f r°eo neat PrrA;e 2 ra ?8 z Packet Pg. 1224 C.20.af space in sketch.) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space area"; ( ) Removing all window and door treatments (such as blinds', drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; ( ) Removing all electronic and dint-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space area"; ( ) Removing all wall hangings Ouch as mirrors, pictures, hanging — shelves, etc.) and storing them in the "Designated Storage apace area"; (7) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 Uj b, after completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: I r (1) Moving of all furniture and belongings stored in the "Designated Storage Space areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture and belongings back into the condominium-, ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propertty tlaat'n r F'wraise lrrsulcatitmAgr°eenrew Pcige 3 o1 8 Packet Pg. 1225 C.20.af alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect cuts related thereto. Safe Working Environment, 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: ( ) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (2) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the ounty's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property fawner shall be CL 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. g. Construction Delays. luring 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10� Changes to Scope of Work, The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Packet Pg. 1226 C.20.af sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to ('Monroe County 06 (representative to be defined before the NIP construction, process) within 7 days of the Uj inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any i remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues, 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. 2. 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 11 Warranties. The County does not represent or warrant the level of 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 agrees that its contract with the Contractor will include standard one ( ) year warranties from the Contractor for all materials and workmanship. Such one-year warranty periods all commence as of the time of the acceptance of the work as provided for in Paragraph g. 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 Prrol>egy(its ner Noise Insulation Agreement /'a. e 5 t,')l 128 Packet Pg. 1227 C.20.af must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Find 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, ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 respect to product warranty issues„ and the advertised warranty period for the product has expired. 1 . Pre-Existing 'Deficiencies. The Property 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. CL 15. Pre-'Work Requirements. The Property Owner will be required to complete any and all Pre-Mork, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all desi Hated Pre-Work items utili in their own funds and per the re uired deadlines as established by_ the NIP. 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. City of Key West "Hard-"Wired" Smoke Alarm Requirement. In 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 be required to install 10-volt "hard-wired" smoke alarms in their condominium in f rf peri.y Owner Noise Page 6(?1'2F' Packet Pg. 1228 C.20.af accordance with all applicable codes and regulations by the required/ deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid an otental impedance to the NIP construction process. In the event the Property Owner fails to install the designated 'hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18, Limitation on ,alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the 06 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 completed. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19, Pre and Post-Construction Noise Testing-Process, Pre- & post- 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 Property Owner agrees to provide access to their property for testing ,and CL agrees to not to make alterations to the interior of their property (with, the exception of repairs of Deficiencies) from the time of the re-construction noise test to the ost- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met, g. Cooperation,. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary, __........ Packet Pg. 1229 ! C.20.af t. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Design and Bid Process Access. At scheduled tunes and/or upon not less than twenty-four ( 4) hours advance notice (via NIP email andlor 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 survey, design survey, hazardous material inspection, pre-noise testing and pre4d visit, In the event the Property Owner fails to provide access to the Property for all required TIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation, . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight ( ) hours prior to the scheduled start of NIP ca construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could. CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct Uj and indirect costs related thereto. N i . Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four ( 4) hours advance notice (via NIP email an for 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 NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property owner fails to provide access for ,all required NIP Pre and Pont Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. a 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. used 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 re-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 Packet Pg. 1230 C.20.af 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 Extension Clue to Hurricanes. Since the NIP construction period will extend into the Key Vilest hurricane season, 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. CL 27. Discovery of Pre-Existing Deficiencies During Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negativelly impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program _ Manager or Contractor. 28. Impact of unforeseen KWBTC Build,ing Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction„ which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional daysCL due to unforeseen building conditions that may arise and complicate the NIP construction: 29. E istin / ndow / Door 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 be re-installed due to size differences between the new and existing windows and doors. g. Existingn . w Crown Moldiring 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. /'r oiler its Oi,s ner Noise Insaalolion A r cue arrest Pai,e Y c3 ~8 Packet Pg. 1231 C.20.af . 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 fails to meet this requirement, it could result in removal from NIP participation. 2. Title Examination, The Program Manager has obtained or will obtain, at its sole cast and expense, an "abstract of Title" to ensure that the Property title is free from liens and/or title defects. . 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 affecting the Property which are disclosed' by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 CL may invalidate the Easement, this agreement shall be null and void, and the Easement 06 shall be terminated. LU 34 r 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 CL these items. . Deduction of Fresh air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Mold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels- . Salvage of Materials & Fqui . If the Property Owner desires to retain any of the material or equipment removed from 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 Proper(.v Owner Noise Insulation Agreement Page 10 ol'28 Packet Pg. 1232 C.20.af of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7. Property Insurance. wring Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, fallowing final completion, the Contractor's builder's risk insurance will cease„ and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38 Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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, CL 06 . Labor and material Release. The Property owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the general contractor. 49. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this .agreement prior to the chasing 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 CL the Property. 41. Waiver. No waiver of, acquiescence ink 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. 4 Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Collars ( 199�.99) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. PropertY Owner Noise Insulation 1greement page 11 of 78 Packet Pg. 1233 C.20.af 41 Authority to Execute On Behalf Of County. By Resolution No.. 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf oft e County without further action by the Board of County Commissioners. 4 . Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A; Program Policy Statements-. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit [ : Deficiency bold Harmless Agreement e. Exhibit. E: Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 . Governing Law, V'enu ,_Interpretation, Costs, and Fees. i (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. ( ) 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 terra of this Agreement by or between any of CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Bindinq 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.. _. a . ..nmm.e. .-_ .............-- - Pr-operlY Owner noise Insulations 4greement Page 1' a/'28 Packet Pg. 1234 C.20.af 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 terra, 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'. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. 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 Improvement (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The LU 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 Mate 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. AdIudication of Disputes or Disagreements. 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. CL If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. L Nondiscrimination. The parties 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 parties 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 V'II of the Civil Rights Act of 1964 (PL 88- 6 ) which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin, y Title IX of the Education Amendment of 1972, as amended ( 6 U C §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 664 of the Rehabilitation Act of 1973, as amended ( 6 U C § 794), 1lrOp(?rt'Owner Noise Insulation Agreernent 1'age 13 Packet Pg. 1235 C.20.af which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975 as amended (42 USC §§ 6101-6197), which prohibits discrimination on the basis of age; 5) The Drug Abuse office and Treatment .Act of 197 (P"L 9 - 55), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism prevention, Treatment and Rehabilitation Act of 1979 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The public Health Service Act of 1912, 53 and 57 42 USC §§ 690dd-3 and 99ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 6) Title Vlll of the Civil Rights Act of 1966 (4 USC §§ 3661 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1999 (42 USC §§ 1191), as amended from time to time, relating to nondiscrimination in employment on the basis of disability-, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and property Owner specifically agree that �. no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement.. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 11 .313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Properl,v Owner Noisy Insulation Agr e rnent page lid rt '8 Packet Pg. 1236 C.20.af n. No Solicitation/Payment, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, ether than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laves, 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 a- 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 UJ The County shall have the right to unilaterally cancel this contract upon violation of this prevision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may a 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 attorneys fees and costs associated �. with that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: CL (1) Deep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the ounty'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 lava. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 e . Propern,Owner Noise Insulation Agrc c tnent M(ge 15 of 28 Packet Pg. 1237 C.20.af 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. ( ) 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 Property Owner of the request, and the Property Owner roust provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 ( a ) 292- 470, br dle d briar monroecounty-fl. Monroe County Attorney's office, 1111 12th Street„ Suite 408, Key 'West, FL 33040. p. Non-Waiver of Immunity, Notwithstanding the provisions of Sec. 7 .2 , Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL 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. Privileges 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; Nord-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility ProperlY 0�1"Jr?er Noise.lr7stiltiiioii.4greeio7eni _.. __. Page Icy q1'8 Packet Pg. 1238 ;C.20.af 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance �y Ikon-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 tote community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement. r u. No personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member„ officer, >_ agent or employee of Monroe County shall be Viable 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. CL 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. _... _. /'roped!(wn-I.A101'se InsulationAgreement Frr�re 1 f `?,4' Packet Pg. 1239 C.20.af IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WIT SS S: PROPERTY OWNER: S ture `'P Signature Printed Name r f ' Printed Name m; t 4-T- ig a,ture / . Ido 1 ,. Date P inted Name U) CL 06 IT PROPERTY OWNER: (J�A N:J Sign ignature d V >- Printed Name Printed Name S'g ture r Date n Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: De uty C erk Signature R COU RN� #� M �m PEDRO ERCADO ASSIS RN EY Date 1 Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1240 C.20.af POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Asir Conditioning: General Restrictions. While providing a new ductless "mini- 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 . All refrigerant lines gunning from the balcony condensing unit) will be installed ca consistent with KWBTS Board policy rules" maintaining a maximum height of 48 inches. . All condensate lines will be installed on the building exterior consistent with IWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. . All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery Ventilator (BRV) 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 >- condominiurn floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. . 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 Replacernent Clue to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due CL to this revised plan, existing custom sills ("marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown lding and Baseboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally assumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown "Holdings, wall trim, and base, the contractor will, instead, cut the existing woad trim flush to the face of the new pilaster or thru wall ac-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard (314 " x -11 ') 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 Exhibit A - 1`'rrpert,,Oi ner Noise l7sulalion Agreement triage 19 cif'8 Packet Pg. 1241 C.20.af have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Dear Threshold Heights. 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 a hurricane. E. KWBTS Asbestos-Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, S and C during the November 2017 to April 2018 time period. This testing included collecting 7 to g 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. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU 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 A , - wall cuts required for the installation of the ductless A , - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ER` . CL F. Asbestos Abatement Reguirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction. If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhib A - f'ropert.,V 01'1vR_11* "01*t?irrsid atr'oaaAgreement Page 0 tr .28 Packet Pg. 1242 C.20.af If samples 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, ceilings, closets, l ogs1d ors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACC (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 CL ensure proper compliance with federal and state abatement guidelines, 06 Uj - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r and coordination requirements of contractor crews. - Given the oast 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. CL G. KW1 BTS BOARD Authorily_ f Desi n Decisions. The I W`Wl3TS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment Exhibii A -Properri,Oi,vner• 'v`raiw lnsulafion.-fig-recratew Page 21 () '8 Packet Pg. 1243 C.20.af LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement. Apartment Unit known as Unit 409-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe ca County, Florida. ,- CL 06 Uj r CL r r __.. .. Exhibit B- Propert.v Owner Noise se Page 22 of'2 Packet Pg. 1244 C.20.af PROGRAM IMPROVEMENTS Exhibit C 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 property by a minimum of five ( ) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU • Replacement Aluminum Acoustical Syringing Prime Door(s) r Replacement Aluminum Acoustical Aiding Glass Patio Door(s) CL _......_ .. E.r1irhit C-Pero-vr-tt'(JWn r-Noise gage 23 of 8 Packet Pg. 1245 C.20.af DEFICIENCY HOLD HARMLESST Exhibit D To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the property, LU 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.. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen, The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water l moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the program Improvements. CL 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 "Mi nor" or "Severe". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 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- Proper tv,f vvner.ti`oise Page 24 e?j 28 Packet Pg. 1246 C.20.af necessary repairs to the Property, tote acceptance of the Program Manager t minimize any delay or stoppages of work. . The undersigned acknowledge and agree that all of the release and Fold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement.. . The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns.. IT IE 2: _ n PROPERTY OWNER: — t Signature �ttiY �, Signature .. } q ... . CL 06 Printed Name UJ r S�gri Date - I Printed Name PROPER I-Y OWrR�,-( Sign tore ' r . ° „M" kSi mature - s �.. -~m Prints arras `� r �' _r Printed Name signs „r CL = t Date Printed Name WITNESSES- PROPERTY OWNER: i Signature Signature Printed Name i Printed Name Signature Date Printed Name Exhibit D- I'rirpei—rt'( viwet'Noise l 7sulatiw? gi-o me rtt Pu e 2-5 ri '28 Packet Pg. 1247 C.20.af VENTILATION LE AGREEMENT Exhibit To Property er Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said Couinty or any of its officers, agents, employees, consultants and/or contractors to be legally liable„ . 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 (ERV) unit which will provide an adequate exchange of 'inside l outside air to the condominium as required by building code. CL . Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during 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 r:.xlrfhit F- hc- erlY Owner Noise Insulation A re en'lent Page 6 r#. 8 Packet Pg. 12478 C.20.af bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may result if left untreated. . It is clearly a building code violation to duct laundry dryer exhaust to the KWB' T central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent 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 their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the 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 E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 li shall' survive the termination or expiration of the Property Owner noise Insulation agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns.. PROPERTY OWNER, to ,� tr signature 'rlrttei Name J' / Printed Name/- i nature Cute Printed Name ............... Packet Pg. 1249 ! ;C.20.af TN S PROPERTYOWNER: q4 w Sig atu . 7 gnature Printed Name lq Printed Name m i j ature 14 Date Panted Name co WITNESSES: PROPEROWNER: CL Signature 06 Signature Uj Printed Name I Printed Name SignatureUj y- Date Printed Name CL C Exhibit E-l'r,opo-tr,Oi,v)wr Noiw hisu"cttioti Agi,cerraew Page 78 of'8 Packet Pg. 1250 Address, Key West b the Sea C.20.ag PROPERTY TY _- TI AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County")„ and the undersigned (the "Property Owner"), I T N E S SETH.- fee, simple of ca H.- WHEREAS, the Propertyowner is the sole record owner in certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREA , the County is the owner and operator of the Key Test International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West -� International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer„ acoustician and construction manager selected by the County (the "Program Manager„'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions providedherein; NOW, THEREFORE„ in consideration of the terms; covenants and conditions set forth herein, and other goad and valuable consideration, the receipt and Packet Pg. 1251 C.20.ag 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 aitien easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County„ managed by the LU Program Manager, and performed by the Contractor. N 4. Im,ped.inq 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 a >_ competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. Construction Contract, The County will award the contract for the 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 period defined by the Program Manager. . Pre- & Past-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to bath pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium! ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white pr opertY Ovp°ner Noise Insidutrr n A re€�rr enf Page 2 c ' 8 .a Packet Pg. 1252 C.20.ag space in sketch) for the Contractor. When doing so, the Property owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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 strutters, etc.) and storing them in the "Designated Storage Space Area", ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) Removing all wall hangings Ouch 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" CL 06 Uj b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture and belongings back into the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 for any and all resulting damages and all direct and indirect costs related thereto. . In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Pr'r.p r'tl'OGvner°Nrrr.se Insulation Agreeinern 1'ce�c a ce 1 Packet Pg. 1253 c.2o.ag alters the construction schedule, the Property Owner shell be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. . Safe Workinql Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) refraining from verbal abuse or profanity; ( ) refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 LU b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g, Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 0, Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Properly Owner Noise Insulalion Agr c:cineol � Page 4 aJ 28 Packet Pg. 1254 C20.ag sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures, 11. Acceptance, pf„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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the NIP construction process) within 7 days of the Uj inspection giving rise to the discrepancy. Monroe County shall then make determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the LU Property Owners right to file such complaint. r 'I , 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 to the County for any and CL all damages and all direct and indirect costs caused thereby, 11 'warranties, The County does not represent or warrant the level of � 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 Couinty agrees 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 Pr oiler l),Owner Noise Iracrtlertiu�r.P {r���a���ti hc���� ,i d� '?8 Packet Pg. 1255 C.20.ag 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 loop 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- ca year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 �- (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 Deficiencies, The Property 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. CL 15. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the TIP acoustic modifications. The Propeqy Owner will be re uired to complete all designated Pre-Work items utilizing their own funds and per_the reguired deadlines as established by the--I NIP. 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, City of Key West "Hard-Wired" Smoke Alarm Re uirement. In compliance with the City of Ivey West Fire Marshall and the City of Key "Test Building Department construction permit issuance requirements, the Property Owner will be required to install 12 -volt "hard-wired" smoke alarms in their condominium in Proverty Owner Noise 1"sulation Agreer enl pcx€e 6 of78 Packet Pg. 1256 C.20.ag accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are net installed in same areas within the condominium where NIP modification work will occur, to avoid any Potential impedance to the NIP construction process, In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 1 , Suspension of Pro+ ram Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect casts due to delay and/or stoppages of the work.. . limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed'. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto, 1 g. Pre and Post-Construction C'~'ifoise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and' CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the re-construction noise test to the ost- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the 'interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 casts in the event these requirements are not met. g. Cooperation;, As reasonably requested, the Property Owners all cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Owner Noise Insivlation A r-c ein eel pag r o `28 Packet Pg. 1257 C.20.ag 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice via NIP email and/or leper), the Property Owner agrees to provide to the Program Tanager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and hid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner 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. 21 p Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight 4 hours p y ( ) prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has ,net all furniture storage responsibilities, Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N i 4. Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four ( ) hours advance notice (via NIP email and/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 NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement„ pre-construction Inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. . 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 re-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 ............. Property ty Owner Noise Insulation fIgrec.rrrent Page 8 ol' 8 Packet Pg. 1258 c.2o.ag 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, 26. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Ivey West hurricane season, 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 cast 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, CL 2 . Discovery of Pre-Existing Deficiencies During Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Uj Uj Manager or Contractor. r 28. Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / Door 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 be re-installed due to size differences between the now and existing windows and doors.. 9., ExistingCrown Moldin 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 dour trim, After the completion of the NIP modifications, the Property Owner will have the ability to male modifications to the NIP interior trim at their own expense. W .. -- -� Propc-,,r ty,Owner t' oi,.w Insulation Agr•eearaew Page 9 r j?8 Packet Pg. 1259 c.2o.ag 31. Communication Pe uirements. 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 fails to meet this requirement, it could result in removal from NIP participation. 32. 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. Cooperation in Clearin.g Title Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the PropertyOwner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title ca Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title utters affecting the Property CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 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. CL . Reduction of Fresh Air Infiltration, The Property Owner will be required to sign Exhibit L (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 _... ...._......... Pr op err 0vv)7(*r•Nrax.sc, Instrr`wio ,Igr eetnent Page 10 fy,'{�' Packet Pg. 1260 c.2o.ag of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. . Property Insurance. During Program construction period, the Contractor will provide builder's rids insurance for the Property, The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's rids insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period, The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. a. g. Labor and Material Release. The Property Owner releases and 06 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 warranties for materials and workmanship contained in the contract with the UJ UJ general contractor. r 40. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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. . Release of Easement. In the event that this agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sure of One Hundred Dollars ( 1 gg.gl ) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Property Owner r Noise Insulation A rc emerrt 1 e-?f'2S Packet Pg. 1261 c.2o.ag 4 . Authority to Execute On Behalf Of Count . By Resolution No, 111 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did., on the 17rh 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, 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit B: Deficiency Hold Harmless Agreement . Exhibit : Ventilation Hold Harmless Agreement CL 4 . General Conditions, 06 a. Governing_Law, Venue, Interpretation Casts, and Fees. i (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 Mate. r ( ) 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 CL them, the issue shall be submitted to mediation prior to the institution of any rather administrative or legal proceeding. (4) 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. b. Binding 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. Pr°oper•t1,Oivner,L°oiw Errsu10 aon,,l, reerracw Page 12 ol'2 Packet Pg. 1262 c.2o.ag c. severabilitV. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants„ conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant„ condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this ,Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and property Owner action, as may be required by law. e. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and b 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. CL 06 LU f. Acceptance of q ts, Grants, Assistance Funds, or Be uests. The County and property Owner agree that each shall be, and i , empowered to accept for the benefit of any or all of there, gifts, grants, assistance funds, or bequests to be used for the purposes of this ,Agreement. . Claims for Federal or State Aid, The County and Property Owner agree that each shall be, and is, empowered to apply for, seep, 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 Disputes or Disqgreements. The bounty 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. CL If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seep such relief or remedy as may be provided by this Agreement or by Florida law. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1984 (PL 88- 852), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1688, and 1685-1686), which prohibits discrimination on the basis of sex, 8) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), Packet Pg. 1263 c.2o.ag which prohibits discrimination on the basis of handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PIL 92-2 a a), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1976 (PIL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 U C §§ 696dd-3 and 296ee- )„ as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 t,.ISC §§ 3661 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USaC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 19) Conroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual ca orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL 1 Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that >_ no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k, Books,. Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each ether party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest, The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognise and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112,313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Prop er l.),(?ivner Noise Insulation,4gr e m ent � !'r,r�e 14 r. '8 Packet Pg. 1264 c.2o.ag n. No 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 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 prevision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 previsions of Chapter 11 , Florida Statutes, and made or received by the County and CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner.. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all ttorney's fees and costs associated >- with that proceeding. This provision shall survive any termination or expiration of the -� contract, r 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: CL (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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except a 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 Properly Owner Noise pc(gc 15 c) "I Packet Pg. 1265 c.2o.ag 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 Count 's custodian of records, in a format that is compatible with the information technology systems of the County. ( ) 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 Property 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner. A Property Owner whoLU fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 (808) 292-8470, bradley_ brianCa)-monroecount -fl qov, Monroe County Attorney's office, 1111 12th Street, Suite 408, Key test, FL 88840. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28 Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL - 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. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from, laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and ether 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-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility P'rrrperlY Oivnc.r-Noise f'agv 16 crf'78 Packet Pg. 1266 C.20.ag imposed upon the entity by law except to the extent of actual and timely performance thereof by any ether 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 a , authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case lava, and, specifically, the provisions of Chapters 125 and 1 , Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any, service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform,, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the ,- purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 and duties of the County or Property Owner under this Agreement. r u, No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity„ and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be -� subject to any personal liability or accountability by reason of the execution of this Agreement, v. Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. CL 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. Prolwrt.v Oivn r Noise lxrsrrloiion A rt'en1017l Page 17 o '8 Packet Pg. 12677 C.20.ag IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER: ig ature —( ... e Si natur Print N me lF Printed Name Date Printed Name F- 06 WITNESSES: PROPERTY OWNER: LU r Signature Signature r Printed Name >- Printed Name r Signature Date Printed Name E y as 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: U (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature N E COU A ORNEY AP ®VE M 1 PEDR MERCADO NYY A`rfi'ORNEY. Date Date ,.a Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1268 c.2o.ag PROGRAM ICE STATEMENTS Exhibit T4 Property Owner No,ise Insulation Agreement A. Air Conditioning. General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the poise 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, . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building architectural aesthetics. . All interior AC lines (refrigerant" condensate„ electrical) and Energy Recovery Ventilator (EIV) ducts will be housed in new vertical gall 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 >- condorninium fluor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. . 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 CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown Moldingand Baselboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (314 " x 5-112') 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 Exhibit A - Proper tv Ovivic.r Noise Insulation Agreerrteni Page 19 q1'28 Packet Pg. 1269 C.20.ag have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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 a hurricane. E. KWBTS Asbestos Testing 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 g 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 bath the "walkway" and "courtyard d balcony" building elevations. CL 06 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 A , - wall cuts required for the installation of the ductless A , - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the EV. F. asbestos Abatement l' eguirernen In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples showy a presence of AIM < 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 IDEA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. L,xhihit A - Prqpert.v Owner Noise Insulalion Agreement Page ?0 of'28 Packet Pg. 1270 C.20.ag If samples 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 ACIVI containment barriers in all areas (walls, ceilings, closets, vwindowwsfdoors), 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU 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. CL G. KWBTS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: . Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes , Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Boor Policy Treatment Exhibit A - Properly,Owner Noise drrsrrlution A reemeni fare 21 cr `18 Packet Pg. 1271 C.20.ag LEGAL DESCRIPTION OF PROPERTY Exhibit B o Homeowner Noise Insulation Agreement Apartment Unit known as Unit 410- , Atlantic Tower, KEY WEST BY TIME SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 LU CL N CL r r Exhibit B- Proper•-v Oviwer poise h7srrhniofn Agreement Page 22 qj'28 Packet Pg. 1272 c.2o.ag PROGRAMIMPROVEIVIENTS Exhibit o 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 property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement ,aluminum ,acoustical Windows CL 06 LU Replacement Aluminum Acoustical wringing Prime Door(s) r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CL r '.Nhihii C- PropertY Ori ner- Noise Insidatirrrt `gr-c enie nt Purge 23 ra1'2 ' Packet Pg. 1273 C.20.ag DEFICIENCY L AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 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. . The Property Owner understands and assumes full responsibility for the Deficiencies present in, the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. . 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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-Pr ol)erw OTvrier.No�iw f(rgye 4 or -18 Packet Pg. 1274 C.20.ag necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7, The undersigned acknowledge and agree that all of the release and held harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements, The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, ersonal representatives successors and assigns. T PROPERTY E—R CIO CIO Sign ter r &gnatu4',wo Printed name CL O 06 Printed NameUJ ij store �, y, �� � s" �` � pate Panted Dame ES ES: PROPERTYOWNER: Signature Signature c Printed Name Printed Name Signature CL Date c Printed Name WITNESSES: PROPERTY OWNEk. Signature Signature Printed dame Printed dame Signature Date Printed Name Packet Pg. 1275 c.2o.ag "VENTILATION L HARMLESS E T Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be 'made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever Find and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Clue 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 Exhibit E- Proper t.),Owner Noise h7.4-arftwon Agreeinerit Page 26 q1'28 Packet Pg. 1276 C.20.ag bathroom moisture in a central building exhaust shaft. Curing the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Cue to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original gall vents in all bathrooms and for any and all negative impacts that may 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 vent 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 their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume Ca any and all liability related to the improper ducting of their laundry dryer exhaust. 8. The Property Owner understands that the Program Improvements will not address Kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. . The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to = injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Raise Insulation agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure tote benefit of the undersigned and their respective heirs, personal ,resentatives successors and assigns. a . PROPERTY A �z .. g sr rtatUfe �l Printed Name Printed CVae i nature 4 . ._ Date Printed Name --- Packet Pg. 1277 C.20.ag _.. _......_.__ _................._...... ..... WITNESSES: PROPERTYOWNER: � i Signature Signature Printed tame Printed Name i Signature Date Panted Marne co WITNESSES. PROPERTY OWNER: CL Signature 06 Signature Printed (~write 04 i Printed Name r @g natu re Date Printed dame CL C 0 M Lvhi'hil G-l't-ope)-t.V Oet wto Noise hisulallwi;gl-e'e'nnlo-a Page N'o ' N Packet Pg. 1278 Address: Key West by the Sept C.20.ah Unil No.: 1 ame(s); PROPERTY OWNER NOISEINSULATION AGREEMENT KEY WE T INTERNATIONAL AIRPORT, MONROE COUNT' THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between M NROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property owner"). ITN E S S E T H: ''WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, ca and more particularly described on Exhibit B attached hereto (the "Property"): and WHEREAS, the County is the owner and operator of the .Key West International Airport (the `Airport"), situated in the City of Key Kest, County of Monroe, CL State of Florida, and in close proximity to the Property; and 06 LU WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, ' taking off from, or maneuvering abort the Airport; and WHEREAS,, the Property Owner has elected to participate in the Key West -� International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Prolzcql'Oivnea-Nois 1nsulationa -Igreeajenl Page 1g1'28 Packet Pg. 1279 C.2Q.ah sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows.- 1. Grant of Easement, Simultaneously with the execution of this ,Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements. Consistent with the Program and/or Federal Aviation ,Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit G attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N Impeding Competitive aid 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 a >_ competitive bid environment, the Property Owner is prohibited from having any LU discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this agreement. .. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL .. and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. . Pre- & Past-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium, ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" {white PropertY Owner Noise Insulation Agreenient page 2 q1'28 Packet Pg. 1280 C.2Q.ah space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area', ( ) Removing all window and door treatments such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area" ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space ,Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and staring 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'" 06 UJI b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �. ( ) Moving of any excessive furniture and belongings back into the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and ,all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Bost-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect casts related thereto. . Impeding Construction. Once construction of the Program Improvements begins, the Property owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or ProperlY Owner Noise histelaiion Agreement Page 3 qj'28 Packet Pg. 1281 C.20.ah alters 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. . Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is, free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; — ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the ounty`s discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or, performed by the Property Owner prior to the County resuming the Program process. r r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and!/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect casts related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. wring, 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Pr"opC n),Oivner Noise It7sulafion Agreement poi, e 4 ol 28 Packet Pg. 1282 C.20.ah sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the N/P construction process) within 7 days of the Uj inspection giving rise to the discrepancy. Monroe County shall then mare a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the LU Property Owners right to file such complaint. r 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 1 . Warranties, The County does not represent or warrant the level of � 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 agrees 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 g. 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 Propertt t1ivner:Guise Insid atrrtrr Agreem enl Pa f Packet Pg. 1283 C.20.ah 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 ca - year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period Uj from the general contractor ,has expired; ( ) The Property Owner believes that service is required verity 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 Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Mold 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. CL .. 15. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and_per the re uired deadlines as established by the NIP. 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. City of Key West "Hard-Wired" Smoke Alarm e uirement In 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 be required to install 1 0-volt "hard-wired smoke alarms in their condominium in Properl.-V Owner Voise Insulation Agreement ent Page 6 rY/8 Packet Pg. 1284 C.20.ah accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process, In the event the Property Owner fails to install the designated "Lard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the '® Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner; the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work.. 18. Limitation on Alterations to the Property. The Property Owner CL agrees not to mare alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 sale discretion, result in an immediate suspension of the construction o the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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- & past-construction noise testing, the Property Owner agrees to provide access to their property for testing and CL agrees to not to mare alterations to the interior of their property "with the exception o repairs of Deficiencies) from the time of the pre-construction noise test to the post construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. 20 Cooperation, As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Proper'Owner Noise Cnsidalion A, rc c 71ertl p(,jgcC, 7 0 '?' Packet Pg. 12875 C.20.ah 21. 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 than twenty-four (24) 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 survey, 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. 2 . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight 4 hours p y � ) prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities, Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto, i 24. Pre and Post Construction Access.. At scheduled times and/or upon not less than twenty-four ( ) hours advance notice (via NIP email and/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 NIP Pre-Construction and Past-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL 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. eased 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 re-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 Pr uperlY Oivner Noise lra. ulca7ion Agr e rrrctll Pcigye 8 r?/'8 Packet Pg. 1286 C.20.ah 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 season, 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 fair 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. CL . Discovery of Pre-Existing Deficiencies During Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repairs the NIP construction period may need to be extended, at no fault of the Program LU Manager or Contractor. r . Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen 'building conditions that may arise and complicate the NIP construction. 91. Existing Window / Door Treatments Shades and Minds. 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 b compatible nor able to be re-installed due to sire differences between the new and existing windows and doors. 0. Existing Crown Mol lnq_. 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 doer 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. Packet Pg. 1287 C.2Q.ah 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 fails to meet this requirement, it could result in removal from NIP participation, 3 . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33, 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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, prier to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property CL may invalidate the Easement, this ,agreement shall be null and void, and the Easement 06 shall be terminated. r 3 , 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. CL 3 . Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit, E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Propeqv Ovrner,Voisefaascalctlrt�r�: r�~ rrtc as - Page 10(?J 2" Packet Pg. 1288 C.20.ah of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor.. 37. Property Insurance. Curing Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cast and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Tirning and Effects of Construction.. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 39� 'Labor and Material Release. The Property Owner releases and 06 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 warranties for materials and workmanship contained in the contract with the general contractor. r 40. Sale of Prop arty. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, ,and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 1. 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner„ upon written request by the County, shall pay to the County the sum of One Hundred Collars ( 100.0 ) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Propert),Owner Noise Insidation A r eei neat 1'cr,�r�.d I o- S Packet Pg. 1289 ! C.2Q.ah 4 . Authority to Execute On Behalf Of Counter. By Resolution No. 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17 1" 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b.. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: [deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Fold Harmless Agreement CL . General Conditions. 06 a. Governing Law `venue, Interpretation Costs and Fees 04 i (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. Uj r r ( ) 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 therm, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b Binding 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, ....... Packet Pg. 1290 C.2Q.ah 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 lava 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. Authority, 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 lave. e. Duration of Agreement. This Agreement shall commence upon the ca execution of this Agreement, subsequent to execution by the Property Owner and by In- 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. CL 06 UJ f. Acceptance of CNfts, Grants, Assistance Funds or Bequests. 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 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, seep, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests., grant proposals, and Banding solicitations by the Property Owner shall be approved by the County prior to submission. h. Adiudication of Disputes or Disagreements. 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, CL 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. i. Nondiscrimination, The parties 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 parties 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: ) Title VII of the Civil Fights Act of 1964 ( L 88- 82), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended ( g U C §§ 1681-1683, and 1688y 886), which prohibits discrimination on the basis of sex; 8) Section 804 of the Rehabilitation Act of 1973, as amended (29 U C § 794), Pr•crpt=qy C_.)ivner Noise lrrsidatr'on Agreement Pq ge 13 ca '8 Packet Pg. 1291 C.2Q.ah which prohibits discrimination on the basis ofhandicaps; 4) The Age Discrimination Act of 1975, as ascended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 6) The Drug Abuse Office and Treatment Act of 1972 (PL 92-2 5), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention„ Treatment and Rehabilitation Act of 1970 (Pl_ 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records„ 6) Title Fill of the Civil Rights Act of 1966 (42 USC §§ 3601 et se .), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability, 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j, Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that � no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement.. k. Books_, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement, m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship and disclosure or use of certain information. fkr°op ry OV11101 Noise Insulation,4 reotr€w a Page 14 re1'28 Packet Pg. 1292 C.2Q.ah n. No olicitat an/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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this ,Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may � enforce the 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 casts associated �. with that proceeding. This provision shall survive any termination or expiration of the contract. r 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 CL (1) Keep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the Count '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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract terra and following completion of the contract if the Property Owner does not transfer the records to the County. (44) 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 Packet Pg. 1293 C.2Q.ah 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 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, (8) 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 Property Owner of the request, and the Property Owner must provide the records to the County or allow the ca records to be inspected or copied within a reasonable time. If the Property Owner does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 .10, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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 (398) 9 -3479, bradlev- Brian monroecount�g-fl-fl ov, Monroe County Attorney's office, 1111 1 th Street, Suite 498, Key West, FL 330401. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec.. 78. 8, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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 Privileges 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-Delegation o Constitutional or Statutory duties. This Agreement is not intended to, nor shall it be . construed as, relieving any participating entity from any obligation or responsibility Packet Pg. 1294 C.20.ah 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-reliance Ikon-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 tote community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement, r u. No Personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer >_ agent or employee of Monroe County shall be liable personally on this Agreement or be -� subject to any personal liability or accountability by reason of the execution of this Agreement, v. Execution in Counterparts. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. CL 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, Packet Pg. 1295 C.20.ah IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER: 4� t Si nature Signature rinted Name Printed Name Sig lure � Date Printed Name CL WITNESSES: PROPERTY OWNER: N Signature Signature Printed Name Printed Name Signature ¢- Date Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature NFIE Y TTDRNE F®RM gyp* fV RED J.MERG NTYATTDRNEY Date Date - - —-le .......... --_--...... ----— -- Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1296 C.20.ah PROGRAM ICY STATEMENTS Exhibit T Property Owner Noise Insulation Agreement A. Air Conditioning general Restrictions. While providing a new ductless "mini- 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 . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior AC lines (refrigerant, 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. . 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 CL to this revised plan„ existing custom sills (marble, granite, wood) will not be replaced, This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( / " x 5- 11 ') 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 b-ahibil:d - Trope qy Owner Noise Insulation.4grc:eme nt Page 19 er '8 Packet Pg. 1297 C.20.ah have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights, 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 Testing 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 201 time period. This testing included collecting 7 to g 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 bath the "walkway" and "courtyard / balcony" building elevations. CL 06 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 AC system & FRV ducts, construction of closet soffit for installation of the FRV. F. Asbestos Abatement Reguirements CL .a In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HFPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A - Pre7pegy Oi vner,Noise Iran aslb�trr fa.�err c i ra�e>rat 1'ra�yc �(J��f'?t4 Packet Pg. 1298 C.20.ah if samples 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, ceilings, closets, windows/doors), 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 CL ensure proper compliance with federal and state abatement guidelines. 06 UJI 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. CL G. KWBTS BOARD Authority of Design Decisions. The K BTS Board will have the Authority to make several of the Program design decisions to include: 1 , Acoustical Window and boor Material . Acoustical Window and [door Color and Hardware Finishes . Acoustical Window and Door Operational Myles 4. Interior Ductless "Mini-Split„ C System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment _._... ...... - Exhi pit r•f - Projreri.V Owner-Noise hisidalion Agvve menl Page 1 qf'28 Packet Pg. 1299 C.20.ah LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Apartment Unit known as Unit 41!-A, Atlantic Tower, KEG( WET BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book , at Page 370, of the Public Records of onroe County, Florida. F CL 06 r CL Ex-hibil B- 111-open-v Owner Noise Insulation Agreement Pqge 22 ol'28 r r r r Packet Pg. 1300 C.20.ah PROGRAM IMPROVEMENTS 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 property by a minimum of five ( ) decibels. A typical Program Improvement package may include: e Architectural Drawings 0 Replacement Aluminum Acoustical Windows CL 06 Uj Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical Sliding glass Ratio Door(s) CL r r E.Ahihit C.`-Pr°orpegi,,Oi racer°Noise lr�at�lcrri�rrr `�.�r�c rrtc r�� page 3 o 2r5" Packet Pg. 1301 C.20.ah DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the county and Property Owner and to which this Exhibit A 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the property, LU 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 fable. �- . The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage„ hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the program Improvements, CL 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". The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 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- 1'rcapegy Owner Noise Insulation Aga-een eni Page 4 o `2t Packet Pg. 1302 C.20.ah necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work, The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this ,Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q' shall survive the termination or expiration of the Property Owner Noise Insulation agreement, The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. T _....... PR PERT `� NE I- Signs re Si nature t Printed Name Q CL 06 PrintedName UJ 04 oi attire / �,r I rts _ Date Printed Name WITNESSES. PROPERTYOWNER: r Signature , Signature c Printed Name Printed Name Signature CL D ate c Printed Name WITNESSES: _...._._� PROPERTY OWNER: Signature Signature Printed Name i Printed Name Signature Date Printed Name L'xhibit D- Pr'opei-t'V Ovvnei- - oise h7sidatisirz.:4,grjeerrrew prxge'i o '?8 Packet Pg. 1303 C.20.ah "VENTILATION HOL ARML SS AGREEMENT Exhibit To Property rear Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "agreement") between the County and Property Owner and to which this Exhibit 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 proceeds;ngs 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 CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. . The Program Improvements may include the addition of acoustical windows and doors, removal and infilling 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 ( R4/) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code.. .. 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 a system and energy recovery ventilation (ERyA) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source o 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 _ E hihii E- PropertY Oivne�r�Vois-e Insulcrf on Agreeinem _.._ _. Page 6 of 2 Packet Pg. 1304 C.20.ah bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if Mill present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent 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 their 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. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LIJ and humidity levels, The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full, responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. r 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph `I of this exhibit ;E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 o the Property Owner Noise Insulation Agreement. CL 8. The undersigned hereby agree that the terms and provisions of this Exhibit shall be binding upon and inure to the benefit of the undersigned and their re spective heirs, personal representatives, successors and assigns. 1T PP, P 'flf O ER: ii 79atLtfe ' Sign ure irate rne w, 1{ r t l0�— Printed Name tote [fat —� Printed Marne _ Exhibit E- t't•rpeo-ty t'Jwtier Noise C'cige 27 o 1 Packet Pg. 1305 C.20.ah WITNESSES- PROPERTY OWNER: i Signature Signature Printed Name Printed Name Signature Bate Prwnted Name F PROPERTY OWNER: CL Signature 06 Signature LIJ Punted Name 04 I i Printed Name r &g n ature LIJ Date Printed Name CL c c 0 Exfnbii E-E rwpegll'l 0 vjlo- Voise Irrsrrlrrtrorr Ag ree)nerrt pcige 28 rrl 28 Packet Pg. 1306 Address: Kev West by the Sea C.20.a PROPERTY NOISE INSULATION EE E T KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION ATION AGREEMENT (this "Agreement„) is made and effective the date last below written by and between MOI ROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the `County"), and the undersigned (the "Property Owner"). I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, ca and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key hest, County of Monroe, CL State of Florida, and in close proximity to the Property, and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taping off from, or maneuvering about the ,airport, and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the co LO Program,. the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements`.')„ said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will eater into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical I electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Pr-operiv own r•'Not'se Jnsulalion A reetn nt Page I qf_7 Packet Pg. 1307 C.20.ai sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. Pa ment of Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. 4. Impedinj Co.mpeti,five 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 a competitive 'bid environment, the Property Owner is prohibited from having any co discussion or communication with the Contractor in relation to the Program, theLO contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6, Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- constructiom a. Prior to the start of NIP construction, the Property" Owner shall meet all Pre-Construction requirements to include. (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white _....... ........... I'ropert))Owner Noise Insulation.-i reorient Page 2(Y'8 Packet Pg. 1308 C.20.ai space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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"; ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Loving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Lost-Construction requirements to include: i r (`) Loving of all furniture and belongings stored in the "Designated Storage Space areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture and belongings back into co LO the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owners all be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County ,and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding_ .Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or F'rfapern,f.)vrna Noise lnsulalion Ag eement Page 3 of 28 Packet Pg. 13079 C.20.ai alters 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. Safe Working Environment. 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: ( ) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives-, ( ) Refraining from verbal abuse or profanity-, ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 UJI b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the ounty's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. co c. In the event the Program process is not resumed due to the LO PropertyOwner's failure to complete the corrective action(s) and'/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or shower proof of required insurance. 10. Chan es t co e of Work. The Program Manager reserves the right. to snake changes to the plans and specifications and the Program Improvements, at its ProJrcwr v t`1wwer Noise irasid alion A r°e era e al hi,e>4 (rf 28 Packet Pg. 1310 C.20.a sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of cork. 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the N/P ccristruction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Uj Uj Property Owners right to file such complaint. co LO 1 . 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 to the County for any and all damages and all direct and indirect costs caused thereby. 13, Warranties, The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g. 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 ....... m Pr(per'ty Owner Noise Insulation A recxrrrew Page-5 ('1'8 Packet Pg. 1311 C.20.a must fiat 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 CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 LU co (4) The Property Owner believes that service is required with LO respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property 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, CL 15, Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to com_ Sete all designated Pre-Work items utilizing their own funds and per.the required deadlines as established by the NIP. 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, City of Key West "Hard-Wired" Smoke Alarm Re uirement. In compliance with the City of Ivey Nest Fire Marshall and the City of Key 'west Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in. I'P0rV1-[r 011,770-Noise Insulation. greemeW Page 0 €12 Packet Pg. 1312 C.20.ai accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will he res onsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential im edance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from PIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 1 . Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the CL Property to mare alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in 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 liabile to the County for all direct and indirect costs associated with unapproved alterations and co `o damages related thereto. LO 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and' CL agrees to not to male alterations to the interior of their property (with the exception of repairs ofDeficiencies) from the time of the ore-construction noise test to the Post construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. 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 these requirements are not met. g, Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Packet Pg. 131'3 C.20.a 21. 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 than twenty-four (24) hours advance notice (via NIP email andlor 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 hid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material. inspection, pre-noise testing and pre-bid visit. In the event the Property Owner 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. 2 . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP ca construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the property Owner shall 06 e liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. i 24. Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four (24) hours advance notice (via NIP email andlor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, co `o County, Mate and federal inspectors and consultants access to the Property to provide LO all required NIP Pre-Construction and Past-Construction visits. These visits could' include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/orCL 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 re-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 prop"el tYr 01,147et ."worse Insulation A r°eet eni Page 8 qj`8 Packet Pg. 1314 C.20.ai 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 Ivey West hurricane season, 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, CL 7• Discovery of Pre-Existing Deficiencies wring Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP LU construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period, The Property Owner understands that, depending on the timing of the pre-existing deficiency repair,. the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. co LO 8. Impact of Unforeseen KWBTS Building Conditions on Construction , Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. 30. 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 drake modifications to the NIP interior trim at their own expense. Cropertr Owner Noise Insi daidr.n Agreement Pckge 9 gf'28 Packet Pg. 1315 C.20.a 31 Communication Requirements. The Property Owner agrees to read and review all NIP ernalls and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from CHIP participation. Title Examination. The Program manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33, 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 affecting the Property which are disclosed by the "abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 CL shall be terminated. r . 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 >_ LU project to such inspection and approval during the construction of the Program co Improvements and after completion of the Program Improvements as may reasonablyLO 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 CL these items. . Reduction of Fresh Air Infiltration, The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of materials & Equipment. if the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Proper il,Owner Noise hisid alion A reer+rent agye 10 q 28 Packet Pg. 1316 C.20.a of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property.. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 39, Labor and Material Release. The Property Owner releases and UJI 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 lirnit the warranties for materials and workmanship contained in the contract with the UJI � general contractor. co LO 40. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL the Property. 41: Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement i 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 ( 10.00) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Packet Pg. 1317 C.20.a 43. Authority to Execute On Behalf Of County. By Resolution No. 111® 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17t 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, 4. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: regal Description of Property c. Exhibit C: Program Improvements. d, Exhibit D: Deficiency Hold Harmless Agreement e_ Exhibit E. Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 Uj a. Governing Law Venue,-Interpretation, Costs and Fees. i (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. co ( ) In the event that any cause of action or administrative LO 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. (3) 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 CL therm, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreements all bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. I't'rarrca°tY 014=r-acts N«a.4c} Insulation Agreement f'crgc 12 Packet Pg. 1318 C.20.a 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 of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may, be required by law. e. Duration of Agreement. 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. CL 06 f. Acce,pta,nce of Gifts, Grants, Assistance Funds, or Bequests. 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 bequests to be used for the purposes of this Agreement. g. Claims for Federal or Mate Aid, The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and co state funds to further the purpose of this Agreement; provided that all applications, LO requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. Ad` dication of Dimes or Disagreements. The County and g p disagreements shall be attempted to b PropertyOwner agree that all disputes and dies reams resolved by meet and confer sessions between representatives of each of the parties CL 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. i. Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the park of any party, effective the date of the court order. The parties 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 V11 of the Civil Rights Act of 1964 (PL 88- 8 ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended ( g U C §§ 1681-1 88, and 1 8 -168 ), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1978, as amended (20 U C § 794), �..._ .__........ PropertY Oiiwer Noise I1isululion Agreement Page 13 fY 28 Packet Pg. 1319 C.20.a which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U C §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 197 (PL 9 - 55), as amended, relating to nondiscrimination on the basis of drug abuse} 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 U C §§ 696dd-3 and 296ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; ) Title Vill of the Civil Rights Act of 1968 (4 U C §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 U C §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual, orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination previsions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL J. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. co LO k. 'Books, Records, and Documents.. The County and Property Owner shall maintain books, records„ and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest, The County and Property Owner � covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 11 .313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one"s agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information.. Packet Pg. 1320 C.20.a n, No 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 for it, any fee, commission, percentage, gifts or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed„ or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article l 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 andCL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this LU prevision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. co LO 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. . 119.091 and the terms and conditions of this contract, the Property Owner is required to: CL (1) Keep and maintain public records that would be required by the County to perform the service, ( ) 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 coast that does not exceed the cost provided in this chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except a 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 PrCJr7i'!'11?Ovo2t?r Ntlf5"L'117.S7dItlft(tt1 Ag!`Gk`mL"nC .� 1 2 Packet Pg. 1321 C.20.a that would be required by the County to perform the service. If the Properly 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 Properly 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. (0) A request to inspect or copy public records relating to a County contract m,ust be made directly to the County, but if the County does not possess the '® requested records, the County shall immediately notify the Property 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with theCL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 10.10, r Florida Statutes. If the property owner has questions regarding the application of chapter 110, Florida statutes; to the property owner's duty to provide public records relating to this contract, co contact the custodian of public records, Brian Bradley, at (300) 02-3470, bradley- LO brian .monroecounfy-fl.caov, Monroe County Attorney's office, 1111 1th Street, Suite 408, Key ''Vest, FL 33040. p. Non-Waiver of Immunity,. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL 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. Privileges 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 l Obli atq ions and Responsibilities, Non-Qelegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Proheav Owner Noise Insulation Agreur eni h iX 16 g1'28 Packet Pg. 1322 C.20.ai 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 , Florida Statutes. s. Non-Reliance �y Non-Parties, No person or entity shall be entitled to rely upon the terms, or any of them of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute suchCL documents as the County may reasonably require in the performance of the obligations 06 Uj and duties of the County or Property Owner under this Agreement. r u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this co LO 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. CL 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 Owner Noise Insulation A(gr enll ;lt l CIge 17 ref'1's' Packet Pg. 1323 C.20.ai IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. E ES: PROP re OW E na re _ . '$ at Printed Name Printed Name l ... �+ VX Date Ll �,..o " ..�m.. Signature Printed Name CL 06 W T SS PROPERTY OWNER: girre r„ ure Printed Name Printe Name00 CD W uO igt—ature 1 Date Z P E Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature ON CO U ORNEY PR OV' M PE D J. ERCADO ASSIS7AtyCOUNTy Date Data Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1324 C.20.a PROGRAM ' 'Y STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. .fir Conditioning: General Restrictions. 'while providing a new ductless "mini- 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 — Z All refrigerant linos (running from the balcony condensing unit) will be installed 1— onsi tent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with IBT Board policy rules to ensure the highest level of consistency and building 06 architectural aesthetics. . All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery Ventilator (ER ) 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 Uj co review this information with you at your NIP Design Review Meeting. LO . 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 poise Insulation Program modifications. B. Window Sill Replacement. Due to the presence of asbestos,. the NIP will provide a new custom woad surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills marble, granite,, wood) will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (314" x -112') 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 Exhibit A - Pr°r_"f eqy Owner Noise 11age 19 crf'e Packet Pg. 1325 C.20.a have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heigh . Clue 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 a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings Ar B and C during the November 2017 to April 2018 time period. This tenting included collecting 7 to g 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. CL 06 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,. r - 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 A , Co LO gall cuts required for the installation of the ductless A , construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the ERV. CL F. Asbestos Abatement Require en In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samp,les show a presence of ABM_< 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 HEA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded.. Packet Pg. 1326 C.20.a If samples show a presence of ACM >1_°fo 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, windo usl`doors), approximately 4 feet from all walls and areas impacted b the NIP modifications. LL .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. ca THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencingi and coordination requirements of contractor crews. Given the cost to provide required asbestos abatement procedures, the FAAco -� will require THC to develop a design and construction plan that minimizes the LO disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KWBT S property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. CL G. K'Vl BTS BOARD Authority of Design Decisions. The K BT S Board will have the Authority to make several of the Program design decisions to include; 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes , Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit [design and Placement . In-Filled Kitchen Prime [door Policy Treatment F hihi ,l m {'roperiv C.)ivner Noisw Insulation rlgaaeemeair l qge 21 qj'2 Packet Pg. 1327 C.20.a LEGAL DESCRIPTION F PROPERTY Exhibit B T Homeowner Noise Insulation Agreement Apartment Unit known as Unit 508-A, atlantic Tower, KEY WEST BY THE SEA, Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 LU CL co i r r LO CL Exhibit B-I'r•opert),Ovrner Noise Insulation,sWy tic}inel71 Page 22 rrf'28 Packet Pg. 1328 C.20.a PROGRAM IMPROVEMENTS Exhibit C To Homeowner ioise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 Replacement Aluminum Acoustical Syringing Prime Doors r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) Co LO CL Exhibir C°-Prop rtY Owner Noise Insulation Agreement ent Page 3 (#'28 Packet Pg. 1329 C.20.ai DEFICIENCY HOLD HARMS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever bind and nature on account of bodily injuries or death, damage to the property, LU 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. co �- The Property Owner understands and assumes full responsibility for the LO Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL . 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". 6, The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 Packet Pg. 1330 C.20.a necessary repairs to the Property, to the acceptance of the Program Manager to. minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and held harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersi ne a their respective airs personal representatives, successors and assigns. PRO E Y R. Si at gna re Printed Marne CL 06 UJI N. Feinted Name 04 ig atu,re Date i rimed Larne PELT` AVER+ 00 LO Sign'_ �.. —S Lignature a Printed Marne Printed Name S'g store CL ate Printed Name WITNESSES, PROPERTY OWNER: Signature Signature I Printed Marne Printed Name Signature Date LPrinted Name -------- Exhibit D- d'ropei-tY 014,M11,N'Oisc° h sidexlio",9give n"e ll Page 2-5 c?1'28 Packet Pg. 133'1 C.20.a VENTILATION L AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this ;Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the 06 LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- . The Program Improvements may include the addition of acoustical00 LO windows and doors, removal and inifilling of `'through-gall" 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 (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during, 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 o l xhib t E m Prrrpc rn,f 14,ner Noise faxa°ulation A,��rpc�c�r�acF�at 1'c15��- t/'?r Packet Pg. 1332 C.20.ai bathroom moisture in a central building exhaust shaft, During the Program design survey process it was discovered the KWBTB 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 and/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 may 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 vent tote 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 their coast 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. . The Property Owner understands that the Program Improvements will not address Kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL Owner understands and assumes full responsibility for maintenance of interior moisture 11.1 and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. Co 7. The undersigned acknowledge and agree that all of the release, hold LO harmless and indemnity previsions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of e under i ed and their respective heirs, personal representatives, successors a I S ' ROP L n ure 77 Printed Name Printe ame Si nature Dait rintedtNarn E.xhibit E- fir-ope y Oviv is Noise Msuhttio;7 Ag1t-ce1neaat "c?/`8 Packet Pg. 1333 C.20.ai I R PROPERTYOWNER: w� L _ ... i ra , Printed Name i Painted Name cu Signature f 5 Cate Printed Name l WITNESSES: PROPERTY OWNER: CL Signature 06 Signature UJI Printed Name f I Printed Name r Signature Gate Printed Name co u7 CL c Packet Pg. 1334 Address: Kev crest by the Sea C.20.aj Unit No.: ^ -- 5 C Narne(s) r� V-5�- PROPERTYNOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the Mate of Florida (the "County"), and the undersigned (the "Property owner"). IT N E S S E TH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Ivey West, County of Monroe, Mate of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL Mate of Florida, and in clone proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taping off from, or maneuvering about the Airport; and WHEREAS,, the Property Owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of the LO Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit G attached hereto (the "Program Improvements") said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property, and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements-, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "ProgramManager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Pre)perP;N 0wrier )Vo/S Packet Pg. 1335 C.20.aj sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records f Monroe County, Florida. The Easement remains in full farce and effect and is hereby ratified in all respects. . Program Policy Statements.. Consistent with the Program and/or Federal Aviation Administration airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements. The County agrees to pay for CL the Program Improvements described in .Exhibit C attached hereto. The Program 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N . Impeding Competitive Sid 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 a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the LO contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The County will award the contract for the CL 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 period defined by the Program Manager. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white .. 1'ropern,Oivner•Noise Page _ ol'28 Packet Pg. 1336 C.20.aj space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; ( ) Removing all window and door treatments ('such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area", ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing there in the "Designated Storage Space Area"; ( ) removing all wall hangings (such as mirrors, pictures, hanging — shelve , etc.) and storing them in the "Designated Storage Space Area"; (7) Loving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 Uj b. After completion of the NIP construction, the Property Owner shall meet all Pest-Construction requirements to include: i r (1) Moving of all furniture and belongings stared in the "Designated Storage `pace Areas" back to their original positions in the condominium: �. ( ) Moving of any excessive furniture and belongings back into the condominium; LO (3) Pe-installation of all gall treatments„ door treatments and gall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect casts related thereto. 7, Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Property d:hvn r•Noise Insulation A r eeinew Puge 3(a1?h Packet Pg. 1337 C.20.aj alters 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. . Safe Working Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles„ weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the ounty's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. r c. In the event the Program process is not resumed due to the LO Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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, g. Construction Dgl� .. [wring 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope 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 Pqqe 4 ql'28 Packet Pg. 1338 C.20.aj sole 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 Q and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (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 determination as to the acceptability of the conformance/performance issue and any � remedial action that may need to be taken. Monroe County shall be the final arbiter of any conform a ncelperformancelissues. 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. r LO 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 to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g. 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 Proper°1w- Omwer Ncfi,s _... Page 5 of 2 Packet Pg. 1339 C.20.aj mint fiat 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- ca year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU 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 �- (4) The Property Owner believes that service is required with LO respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Mold harmlessAgreement) 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. CL 15, Pre-Work Ike uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The-Property Owner will be re uired to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. 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, City of Kew "J`u`est "Lard-Wired" Smoke ,alarm Requirement. In compliance with the City of Key ' est Fire Marshall and the City of Ivey West Building Department construction permit issuance requirements, the Property Owner will be required to install 1 -volt "hard-wired" smoke alarms in their condominium in Packet Pg. 1340 C.20.aj accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. in the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation, 17. Suspension of Program Process, The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of [deficiencies due to their potential impact can 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 will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work.... 1 . Limitation on Alterations to the Property. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion oft e 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule roust 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 o the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto, LO 19. Pre and Post-Construction Boise Testing Process, Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the re-construction noise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test._ 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 these requirements are not met.. g. Qooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. _..m._ _.............._._.... _ -_....__._........... ...... Proper-lit Owner Noise hi.vt{Irflio)i.4gr•eeii-tee ii Pc4,,,e %cif?8 Packet Pg. 1341 C.20.aj 21, 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. Desi n and Bid Process Access. At scheduled tunes and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to collect and develop all final design and hid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner 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. 2 . Pre-Construction access. The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prier to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 24. Pre and Past Construction access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email a,ndlor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to provide LO all required NIP Pre-Construction and Post-Construction visits. These visits could include„ but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post construction noise testing. In the event the Property Owner fails to provide access for ;all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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. used on this schedule, the Program Tanager 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 re-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 Packet Pg. 1342 C.20.aj 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 season, 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, Discovery of Pre-Existing Deficiencies wring Construction. In the CL 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program LU LU Manager or Contractor. r LO 28, Impact of unforeseen KWQTS Building Conditions on Construction , Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case"' possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. g. Existing Crown Molding, During the installation of the new acoustic windows and doers, 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. ProperlY Owner Noise Insirdzrlion Agreerr eni 0 rY'8 Packet Pg. 1343 C.20.aj 3 . Communication Fie uirements. 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 fails to meet this requirement, it could result in removal from NIP participation, 32. 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. Goo oration 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 ca 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated, LU r 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 reasonablyLO e 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 CL these items, 3 . Deduction of Fresh Air Infiltration. The Property Owner will be required to sign Exh,ibit E ('ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sale 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 Packet Pg. 1344 C.20.aj of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7. Pro ert Insurance+ during Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program.. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL g. Labor and Material Release. The Property Owner releases and' UJ 06 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 warranties for materials and workmanship contained in the contract with the >- UJ general contractor. r LO 40� Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing, on the sale, conveyance or other transfer, and t 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 CL 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request byte County, shall pay to the County the sum of One Hundred Dollars ( 00.00) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Properl.),Owner Noise I,nsulealion green-lent &ege II (?f'28 Packet Pg. 1345 C.20.aj 4 . Authority to Execrate On Behalf Of County. By Resolution No 111- 004, duly motioned and passed at a lawfully announced public meeting, the Beard of County Commissioners of Monroe County, did, on the 171h 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 Beard of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. . Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Mold Harmless Agreement r e. Exhibit E: Ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 a. Governing Law, `venue, Interpretation, Casts, and Fees. i (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. Uj ( ) In the event that any cause of action or administrative LO 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 CL therm, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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.. b. Binding 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. ProperlY Owner Noise Insulation Agreetnew Page /2(?1'28 Packet Pg. 1346 C.20.aj c.. Severabilit . If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. . Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. '® e. Duration of Agreement. 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 "Terra"), except as may be sooner terminated in accordance with the provisions of this Agreement. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. 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 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, seep, and obtain federal and LO 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 Disputes or Disagreements. 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. CL 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. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1964 (PL 88- 86 ), which prohibit discrimination in employment on the basis of race, color, religion, sex,` and national origin; ) Title IBC of the Education Amendment of 1972, as amended ( 8 USC §§ 1681-168 , and 1685-1686), which prohibits discrimination on the basis of sex; 8) Section 504 of the Rehabilitation Act of 1973, as amended ( 6 USC § 794) fir€.-pertY(Amer Noise Insrrt'€.ation,ra t e ement Page 13 q1*2 Packet Pg. 1347 C.20.aj which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 UC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse {office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 U C §§ 690dd-3 and 290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient records; 3) Title Vill of the Civil Rights Act of 1966 (42 UCC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 UC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the bans of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. in the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement, The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement, r LO k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest, The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement, m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. f r'r� a, ......_ . ....... e p ar v Owner•�'�'r�is Insula lion Agreement - P(� qe 14 c31`28, Packet Pg. 1348 C.20.aj n. No Solicitation/Pa meat. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this ,agreement without liability and, at its discretion; to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift; or consideration, o. Public Access, Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 LU The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 termination or expiration of the contract. r LO 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: CL (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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Property C1tvn r i' oiSe Incry aiiem A r-eement Page 15 of'?8__ Packet Pg. 1349 C.20.aj 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. (8) 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 Property 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner. A Property Owner who UJ fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 .10, Florida Statutes. If the property owner has questions regarding the application of chapter 119, 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- 479, bradleyLO brian@monroeco -fl.gov, Monroe County Attorney's office, 11111 12th Street, Suite 408, Key West, FL 33040. p. lion-"waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL 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. Privileges 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 Res onsibilitiesa Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Proper ix Owner Noise Insidalion Agreement Page 16(J'8 Packet Pg. 1350 C.20.aj imposed upon the entity by lain 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 a , authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 166, Florida Statutes. s. Non-Reliance by lion-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this agreement. t. attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 LU and duties of the County or Property Owner under this Agreement. r u. No Personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this LO 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. CL w, Section pleadings. 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. Prc,ipert),O14'1'er Noise lnstelation,I fYrd3L'l1 ent Page 1-o 8 Packet Pg. 1351 C.20.aj IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. T S S: APROPEWNER. 7- A,� Srna �tr—e _Printed Name Printed Name -7:-k-r 1; 4 IT 4F � S n lure ' Date M Printed Name U) CL �� . T S PROPERTY OWNER: r N Si a e �•. Signature r Printed Name Printed Name '✓ u7 Sig Vature ,.�. Date � Panted Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature N ZEA RN fe- PPROVE CAA IATTORNEY Date Data - - -�- Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1352 C.20.aj PROGRAM POLICY STATEMENTS Exhibit A To Property cis Insulation Agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini- 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 — All refrigerant lines (running from the balcony condensing knit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior Ate lines (refrigerant, condensate, electrical) and Energy recovery Ventilator ( V) 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 LU review this information with you at your NIP Design review Meeting. LO . 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 poise 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 CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( 1 " x 5-11 ') 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 Exhibii,4 - Propert),Owner Noise Insulation Agrewnenl Page 19 of'2,S' Packet Pg. 1353 C.20.aj have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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 a hurricane. E. KWBTS Asbestos Testing 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 201 time period. This testing included collecting 7 to g 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. CL 06 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, LO - 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 EIS/. F. Asbestos Abatement Re CL A.uirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the fallowing abatement requirements during construction: If samples show a presence of,ACM <_1% The NIP" contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. m. .. ......... Fxhihit A - P'rcrPaegy Owner Noi,�e Pnsidatirrn A rear enl Page 20 Packet Pg. 1354 C.20.aj If samples 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, ceilings, closets, inc ows doors), 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-abaternenf) workers, — THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU 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 LO disturbance of ACM to ensure the minimization of construction casts, 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. CL G. KWBTS BOARD Authority of Design Decisions. 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 . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit design and Placement , In-Filled Kitchen Prime Door Policy Treatment m ..... ...- Exhibit.4 - Properilt'01viler Noir c> Pqge 21 taf 2z Packet Pg. 1355 C.20.aj LEGAL DESCRIPTION 1= PROPERTY Exhibit B T Homeowner Boise Insulation Agreement Apartment Unit known as Unit 10-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded i Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 LU CL r r r LO CL Exhibit B-I'rop rit,Oxvn4t~;Voise Insulalion Agrc'Grr eni Page 2'gl'25' Packet Pg. 1356 C.20.aj PROGRAM IMPROVEMENTS Exhibit o 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 property by a minimum of five ) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging prime Door(s) r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) r r LO CL e._—___. : laid C"a Pr•oywri.V Ovvner Noise Irisulation Agreerr ent Pew�3 Packet Pg. 1357 C.20.aj DEFICIENCY I. HARMLESS T Exhibit To Pro ner Noise Insulation Agreement In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the ,agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 contractors concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily in uries or death, damage to the property, 06 LU 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. �- . The Property Owner understands and assumes full responsibility for the LO Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property wner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". The Property Owner assumes full responsibility for the worsening of any documented minor Deficiencies. 6a 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 K hihit D m Pr oper ry,Owner Noise Insulation A(.reelneni page 14 of 28 Packet Pg. 1358 C.20.aj necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. . The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner poise Insulation Agreement. The undersigned hereby, agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Tff CwIE PCP TY ICE LL sFt , �` Signature P ✓ CL 06 Printed NaeY UJI Si n re �f ' t Date Printed Name ' PERTY ER T mt - �' ¢ LO i.nature T.. Signature P me N e _.. ' Printe&rName �1 n , e , � � CL 1 late Printed Name .. _...... .........._..............................-. -- ....... ................. _ _. E WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Dare Printed Name Ex,hibir D- Pi-'wear,Owiiei®Noise hisralrrtr`wiAgreement 1'oge 25 r�1`28 Packet Pg. 1359 C.20.aj VENTILATION LD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid, on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 whatsoever kind and nature on account of bodily injuries or death„ damage to the LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. . The Program Improvements may include the addition of acoustical LO windows and doors, removal and infilling 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 dine 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 (EPA/) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . 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 (ERR) 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 Packet Pg. 1360 C.20.aj bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition„ these original gall vents (if Mill present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original mall vents in all bathrooms and for any and all negative impacts that may 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 vent 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 their 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. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. . The undersigned acknowledge and agree that all of the release, hold LO harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to , injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildewy,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. TNEStrS . " PROPERTY OWNER: � o§ t fy i Sture Signature Print ame Printed Name Sign t d Date Printed Name -- — - [,",)chi bit F- f��'r�pei-ty C�31�tio� Noise J��.k�1 f�atEr��r � r'[�r7r���� uge?%��L Packet Pg. 1361 C.20.aj I ES PROP P TY' O - : , 1s; os i SB f➢ Cure t f Printed Name � L Printed Name � m fag store a. A j r® Printed Name cn WITNESSES: PROPERTYOWNER: CL Signature 06 Signature Uj Printed game N I Printed Name r Signature Date Printed Name 11.0 CL C Evhibit E-1'r°trpc*qy Oivnei� Noise ('age 28 ry/?r Packet Pg. 1362 Address: Key West by the e,��i C.2U.ak Unit o.: 509 ame(s): PROPERTY I INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT,T, ClNROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). I T N E S S E THE WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of fey West, County of Monroe, State of Florida, and more particularly described on ,Exhibit B attached hereto (the "Property") and WHEREAS, the County is the owner and operator of the Key meat International Airport (the "Airport"), situated in the City of Ivey West,. County of Monroe, CL State of Florida, and in close proximity to the Property; and. 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taping off from, or maneuvering about the Airport„ and. WHEREAS, the Property Owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of the LO Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner ,and the County mutually desire to agree to the terns upon which the Property Owner will participate in the Program and receive the program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Prcpeo'ti1 Owner/Vuise Irisulafionr A grr€e sneer Pctge I of 1 Packet Pg. 1363 C.2Q.ak 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 aviation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. . Program Polia Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Progirarm policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit G attached hereto. The Program CL 06 Improvements, will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N Impeding_ 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 a >_ competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the LO contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL .. and procedures.. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. a Pre Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (`l) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white .... _ .......® Propert} Ovoier Noise Page 2 of 8 Packet Pg. 1364 C.2Q.ak space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area" ( ) Removing all window and door treatments 'such as blinds, drapes, plantation shutters, etc.) and storing there in the "Designated Storage Space Area" ( ) Removing alll electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing there in the "Designated Storage Space Area"; (S) 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" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include. i r (1) Loving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture and belongings back into the condominium" LO ( ) Fie-installation of all wall treatments, door treatments and wall hangings back to their original positions in the condominium. c. In the event the Property Owner falls to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property owner or any tenant occupying the Property impedes construction or Packet Pg. 1365 C.2Q.ak alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect cots related thereto. 3. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(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 LO Property Owner's failure to complete the corrective action(s) and/or conditions) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction belays. Curing 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10 Changes to Scope of Work. The Program Manager reserves the right. to make changes to the plans and specifications and the Program Improvements, at its PropearlY Owner Noise InsulaiicenAgreeffleW Page}4(J1'2 Packet Pg. 1366 C.2Q.ak sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide respect to the t�ram Improvements.oIn Construction there h ti is adisag!reement between tance of the Pro the Property p y Owner and the Program Manager as to a conformance or performance issue, the CL Property Owner shall be required' to submit the discrepancy in writing to Monroe County 06 (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 determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. 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. LO 1 . 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 11 Warranties. The County does not represent or warrant the level of 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 agrees 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 g. 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 condition of receiving the Warranty & Final Closeout Package, the Property Owner Pi,w ertt f.1v+ver Noise Pci�',,e 5 cif 28 Packet Pg. 1367 C.2Q.ak 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 CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; ( ) The Property Owner believes that service is required with r 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 LO respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property 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. CL 15. Pre-'work Requirements, 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 _ roL !ty Owner will be required to complete all deli nated Pre-Work items utilizing their own funds and per the re iuired deadlines a established by the NIP. 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. 1 . City of Key `hest "Hard-'Aired" Smoke Alarm Re uirement. In compliance with the City of Ivey 'west Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in t't,)perti?Owner Noise Insulation AgF'"eC?f)lew Pc�ge 6 t) 'M Packet Pg. 1368 C.2Q.ak accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner well be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Prosy. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect casts associated with unapproved alterations and damages related thereto. LO 19, Pre and Post-Construction Noise Testing Process. Pre- & post 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of efficiencies) from the time of the pre-construction noise test to the post- construction noise test, In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the—pre-construction noise test to the construction noise test. 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 these requirements are not met. g, Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Proper til?t i'YI`ne) Noise Insulation Ag1°['t'r7"ient Pf1{;rC N qJ'28 Packet Pg. 13679 C.20.ak 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 than twenty-four (24) hours advance notice (via N/P 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 survey, 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. 2 . Pre-{Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP ca construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities: Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 e liable to the County and/or Contractor for any and all resulting damages and all direct and indirect casts related thereto. i 24. Pre and Past Construction Access. At scheduled times and/or r upon not less than twenty-four (24) hours advance notice (via 1111,E email ardor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, laity, County, State and federal inspectors and consultants access to the Property to provide LO all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Past Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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 re-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 Prop r/Y(Avrier Noise hisarlczrion AVyrweineni page 8 of'2t Packet Pg. 1370 C.20.ak 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 Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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. CL 27, Discovery,,of Pre-Existing Deficiencies During Construction. In the 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program LU LU Manager or Contractor. LO 28. Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing Window / Door 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 be re-installed dine to size differences between the new and existing windows and doors. g. 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. - _.._. ...... _ ........ ....— f'r°raf�}ttt tta�°are .�r�i. 3lra,5t lcrt�c�ra 1, �t � �tP page 9 gf'28 Packet Pg. 1371 C.20.ak 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 fails to meet this, requirement, it could result in removal from NIP participation. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. 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 tithe defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 4. 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 reasonablyLO 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 CL these items. 5. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Fold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 5. Salvage of Materials &_P uupMent. If the Property Owner desires to retain any of the material or equipment removed from 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 Properi.r Owner Noise Iatsidularan Agr•eeartew Page 10 t�1'28 Packet Pg. 1372 C.2Q.ak of such a written agreement, all items shall become the property of the Contractor, Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor.. 37, Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38, Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. CL 06 g. Labor and Material Release. The Property Owner releases and' UJ 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 warranties for materials and workmanship contained in the contract with the UJ UJ general contractor. LO g. Sale of Pro ert . In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion: of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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. 4 . Release of Easement. In the event that this Agreement i 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 ( `l g.g�g) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Pr•opertt'Owner Noise Ira.idati«n A reenienl� _ I'azt;Fey 11 oJ'8 Packet Pg. 1373 C.2Q.ak 4 . Authority to Execute On Behalf Of Count . By Resolution No, 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th 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 Beard of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit B: Deficiency Hold Harmless Agreement e. Exhibit E: `~ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 UJI a. Governing Law, Venue Interpretation, Costs, and Pees. (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. ( ) In the event that any cause of action or administrativeLO 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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. b. Binding_ Effect. The terms, covenants, conditions, and previsions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective regal representatives, successors, and assigns. ._._ _........ ...... 1'o•operlY C)i-vier Noise 1ra.sulcrt on:tgr-eenie rt Page 1' q1`28 Packet Pg. 1374 C.2Q.ak 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 net 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. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and b 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. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. 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 bequests to be used for the purposes of this Agreement. g. Claims for Federal or Mate 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, LO requests„ grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. Adiudication of Disputes or Uisagre�ements. 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. CL 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.. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil bights Act of 1964 (PL 68 352), which prohibit discrimination in employment on the basis of race, color, religion, se , and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 U C §§ 1681-1683, and 1685-16 6), which prohibits discrimination on the basis of sex; 3) Section 564 of the Rehabilitation Act of 1973, as amended (26 U C § 794), Pr•oper t,v Owner Noise Insulation Agreeme"I a Page 1.3 q} ' 1 Packet Pg. 1375 C.2Q.ak which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination ,Act of 1975, as amended (42 I SC §§ 1 1-6167), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1976 (PL 911 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and e- ), as amended, relating to confidentiality of alcohol and drug abuse patient records, ) Title VIII of the Civil Rights Act of 196 (42 CSC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9) The Americans with Disabilities Act of 1999 (42 DSC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis '® of disability; 10) Monroe County Code Chapter 14, ,Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientations gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter o , this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this ,Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any,Attachment or Addendum to this Agreement. LO k. Books, [records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this, Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement_ m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship, and disclosure or use of certain- information. Packet Pg. 1376 C.20.ak n. No, olicitation/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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access, Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner: Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the farm of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated � with that proceeding. This provision shall survive any termination or expiration of the contract. LO 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. ( ) 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Propero,Ovvner Noise Insulation.4 reen ant Page 15 of 28 Packet Pg. 1377 C.2Q.ak 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 electronlically 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. (6) 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 Property Owner of the request, and the Property Owner must provide the records to the County or allow the ca records to be inspected or copied within a reasonable time, If the Property Owner does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes, If the property owner has questions regarding the application of chapter 119, Florida statutes, to the property owner's duty to provide public records relating to this contract, LO contact the custodian of public records, Brian Bradley, at (366) 9 -3470, bra ley brian@monroecounty-fl.gov, Monroe County Attorneys office, 1111 1 th Street, Suite 408, Key West, Ft_ 33040. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768. 8, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- CL 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. Privileges 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 Respo sibilities; Non-pele ark tion of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Properl4'01070,NOI.Vt Insid atioar Agrc errac.nt 'age 16 o1'28 Packet Pg. 1378 C.2Q.ak imposed upon the entity by law except to the extent of actual and timely performance thereof by any ether 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, state statutes, case lain, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance ty Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations, The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJI and duties of the County or Property Owner under this agreement. r u. No Personal Liability. No covenant or agreement contained herein n 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 LO 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, CL 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. Properiv Owner.koi'se lnsidalio n A reednmew PCIg(, I'O/'?8 Packet Pg. 1379 C.20.ak IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER: i ature (jr—� Si ure Printed Name Printe me A74�—) 4,, 7 1 Signature Date Printed Nathe CL 06 W TNES SES: PROPERTY OWNER: P-A U )Q�oAvql ig r Si7ture Prin ed Name —4 d Ide2", Printed NamCD uO A,_7 Signature P,Qe7 /• het` ` a Date w Printed Na vie CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature E COU ATT NEY AP OVE A- - P ® J. E11CA � Date Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1380 C.20.ak PROGRAM POLICY STATEMENTS Exhibit A To Property weer Noise Insulation Agreement A. Air Conditioning. General Restrictions. While providing a new ductless "mini 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: t. All condensing units will be installed on the balcony . All refrigerant lines gunning from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWT 06 Board policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior AC lines (refrigerant, condensate, electrical) and Energy recovery Ventilator (Eft") 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 fleeting. LO . 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 (SIP will provide a. new custom wood surround and sill instead of the existing gypsum board surround. Due CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( 1 " x 5-112') 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 hAihil A - Proiler i.V Owner,,Voisc Insulation At rectnerd Page 19 ct�'28 Packet Pg. 1381 C.2Q.ak have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold! Heights. Due to stringent Florida hurricane impact and water infiltration building codes all new aluminum acoustical prime entry swinging doors and Aiding glass patio doom will have thresholds than are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration, during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, TIC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 017 to April 2018 time period. This testing included collecting 7 to g samples at each condominium, to include gypsum board joint compound, window glaring, and exterior window and door, caulking. In addition; random exterior stucco samples were collected on both the "walkway" and "courtyard / balcony" building elevations. CL 06 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 r 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 Willing of openings, - ceiling cuts required for installation of the ductless AC, wall cuts required for the installation of the ductless AC, LO - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. E. Asbestos Abate CL In the event any samples show a presence of asbestos containing material (ACM), the awarded NIA' contractor will be required to perform the following abatement requirements during construction, If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Erhi,hif A a Pr•opern"Ovi-ner°Noise Insulation Agwee>rnent Page 0 r?f`8 Packet Pg. 1382 C.2Q.ak If samples 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, ceilings, closets, windows/doors), 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing r 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 LO disturbance of ACM to ensure the minimization of construction casts, , 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. CL G. KWBTS BOARD r4uth city of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door policy Treatment Exhibit A - Property()ivner°Noise laa.�ttltrfjoa r?Agreement Page 21 ca ''N Packet Pg. 1383 C.20.ak LEGAL DESCRIPTION OF PROPERTY Exhibit To Homeowner Noise Insulation Agreement Apartment Unit known as Un!it 509-A, Atlantic Tower, KEY WEST BY THE SEA, '® a Condominium, according to the Declaration of Condominium recorded in Official Records Beck 589, at Page 370, of the Public Records ds of Monroe County, Florida. 06 LU CL r r LO CL ------ Exhibit B-Prop rti,0�,v er Noise Page 18 Packet Pg. 1384 C.20.ak PROGRAMIMPROVEMENTS Exhibit C C Homeowner oise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ) decibels. typical Program Improvement package may include. — Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum acoustical Sliding Mass Patio Door(s) r LO CL Exhibit C- Prop rl'),Owner Noise llqge 23 qj 28 Packet Pg. 1385 C.20.ak DEFICIENCY L LE AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the "Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute an proceedings against, the g yp g 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 CL 06 whatsoever kind and nature on account of bodily injuries or death, damage to the property, LU 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. �- The Property Owner understands and assumes full responsibility for the LO Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water I moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies.. . 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 Exhihil 1)-Propert4'O ivier Noise Insulation Agreement Page 4 tof 28 Packet Pg. 1386 C.20.ak necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shalll survive the termination or expiration of the Property Owner Boise Insulation Agreement, . The undersigned hereby agree that the terms and provisions of this Exhibit d shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. IT E m_. _...... PROPER ER i store Oaee, _ CL Printed Name _ ) i 06- Printed Name UJ Signatut r f r r~ a i 4/— > r Date Printed Nafne # T NE S PROPERTYOWNER: nature y =s ._ Signature e _ a : L, Printed Name d Printed Name SignaturefCL ' Date C Printed NOme WITNESSES: PROPERTYOWNER: Signature _ Signature Printed Name Printed Name Signature Date Printed Name Exhibit D- Properl.v Owwi•Noise hrsulaaticm Agr--ec>araew .acre<? ql'< Packet Pg. 1387 C.20.ak "VENTILATIONL HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever Find and nature on account of bodily injuries or death, damage to the 06 UJ 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- . The Program Improvements may include the addition of acoustical LO windows and doors, removal and infilling of "through-gall" 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 leafage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERR) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL 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 (ERR) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the 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 .._._ _..... ........ �m Exhibit E- PI-q erlY Otvner Noise Insuhnion Agreenle"t P ogc 20 qj*2 Packet Pg. 1388 C.20.ak bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent to the KWB/ T 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 their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL Owner understands and 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 problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold LO harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. .. ........ a.... _. WITNESSES: PROPERTY EVE Signature Signature Printed Name Printed Name Signature Date Panted Name _. — �. .L,h_,ihil f -1'rcpei-o, w tic—Noise hrsulalioi7 Agi-eery eat Page 7 of 8 Packet Pg. 1389 C.20.ak - ------- - -----—------------------ — IT ESSES. PROPERTY OWNER: � store Signature .._ _ O . r7ted Name A-12 Printed Name I Signature —p Date e( Printed N me co F T PROPERTY NE CL } .. - oL l,i",,na,u,e Si y tore t11 Panted dame 04 I�inted Ni ie Signal A) Printed N e Lo CL c 0 M ........-- Kv6 chit E - Pr-operty(,?ri°rret. poise Trasuhitron.4p-e efn?r-Ir?R 1 Jgr(- 1' o/?8 Packet Pg. 1390 Address: Kev West by the Sea C.20.a1 Unit No-, ASO Narne(s)- PROPERTY OWNERNOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). ITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Ivey West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and 1-- WHEREAS, the County is the owner and operator of the Key 'Nest International ,Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL State of Florida, and in close proximity to the Property, and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taking off from, or maneuvering about the ,Airport; and WHEREAS, the Property Owner has elected to participate in the Key Vest -� International Airport's Noise Insulation Program (the "Program"), and, as part of the LO Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements: and "WHEREAS, the Program is managed by the consultant team consisting of team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program 'tanager," ; and WHEREAS, the Property Owner and the County mutually desire to agree to the terns upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein„ NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Packet Pg. 1391 C.20.a1 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows; 1. grant of Easement, Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full farce and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit A. Payment of Program improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 improvements will be approved by the Property Owner and County; managed by the LU Program Manager, and performed by the Contractor. r . Impeding 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 a >_ competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the LO contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this ,Agreement. . Construction Contract, The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL .i 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 Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (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 area" (white Properm f)veer Noise [asulation A reeenent Pug 2 o _M Packet Pg. 1392 C.20.a1 space in sketch) for the Contractor, When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling." space. ( ) 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 there in the "Designated Storage Space Area"; ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing there in the "Designated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing them in the Tesignated Storage Space area"; (7) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include. i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into LO the condominium; ( ) Fie-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. . Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propert.Y Ovvner Noise Irrsulafio r Agreement Page 3 rod'8 Packet Pg. 1393 C.20.a1 alters 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. Safe Working Environment, 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 fora ( ) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ca ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County`s discretion, be temporarily suspended at any time. In, such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the >_ Program process. LO r c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective actions) and/or conditions required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect casts related thereto. d, If the Program process is resumed., the Property Owner shall be CL 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. g. Construction Delays. During the construction period,. the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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 rebid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its _.. _.. ....... ............ ....... _ Proper t.V Ovvner Noise N(ge 4 of 8 Packet Pg. 1394 C.20.a sole 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 Q and such changes are necessitated by the discovery of hidden conditions not readily 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 sale 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender theirability to provide input to the Construction Manager with 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 CL Property owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to he defined before the N/P construction process) within 7 days of the Uj inspection giving rise to the discrepancy, Monroe County shall then make determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose theUj Property Owners right to file such complaint. r LO 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 1 . Warranties. The County does not represent or warrant the level of 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 agrees 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 g. 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 Property.0ii7ner Noise lnsralraaion,4,�rrecrrnent Page 5 o/'?,Y Packet Pg. 1395 C.20.a1 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 ca - year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period' LU 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 (4) The Property Owner believes that service is required with LO respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre Existing, Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless .Agreement) which will impute all responsibility and liability to the Property Owner for ,any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen, CL 15. Pre Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate � the NIP acoustic modifications.. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the re uired deadlines as established_ by the NIP. 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 casts related thereto. 16. City of Key West "Hard-Wired" smoke Alarm Requirement. In compliance with the City of Key West Fire Marshall and the City of Key West wilding Department construction permit issuance requirements, the Property Owner will be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in Prop rd ,f?r. per Noise Insulation A arc emern. P e '2 Packet Pg. 1396 C.20.a1 accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid an otential impedance to the NIP construction process. In the event the Property Owner flails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation, 17. Sus nsion of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. , Limitation on Alterations to the Property, The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the CL 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed', 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. LO g. Pre and Post-Construction Noise Testing Process. Pre_ & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception o repairs ofDeficiencies) from the time of the pre-construction noise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, flour coverings and window treatments from the time of the re-construction noise test to the ost- construction noise test. 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 these requirements are not met. 20 Cooperation,. As reasonably requested; the Property Owner shall cooperate with the Contractor„ the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. Prr'rperl thrner°Noise fnsultrnzrrn Agrec>mem Pcr�cg e "c?1.28 Packet Pg. 13977 C.20.a 21. 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. Designn and _Bid Process ,Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 survey, 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 4 hours p y � � prier to the scheduled start of NIP construction. This short visit will provide the Program (Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting, damages and all direct LU and indirect casts related thereto. N 24. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established CHIP 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 LO all required NIP Pre-Construction and Post-Construction visits. These visits could' include, but not be limited to final measurement, pre-construction inspections, review o Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25, 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 re-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 falls to provide access for their assigned construction time period„ the Property Owner shall be removed from NIP Pr°opert),,0�vner Noise Insulation Agreement � "age 8 ql'28 Packet Pg. 1398 C.20.a 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. 26, Construction Period Extension Due to hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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 fair 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. _Discovery of Pre-Existing Deficiencies wring Construction. In the CL 06 event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair,. the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. r LO . Impact of Unforeseen een KWBTS wilding_ Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction.. g. Existing 'Window / Door Treatments, Shades and Minds, The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors. 30, Existing Crown Molqbg., 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. Propertv Owner Noise Insulation Agreerneal page 9 c#'�28 Packet Pg. 1399 C.20.a 31. ors C Communication eguirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely Chien which are being provided by the [SIP to ensure schedule conformance.. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation, 3 . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 ca ~ 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. LU r 34. Federal Assurance.. As required by the Federal Aviation Administration, the Property Owner agrees to the fallowing provisions. r 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 LO 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. CL 3 . Reduction of Fresh Air Infiltration. The Property owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner fort e proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials &_Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 f'a,operi'Y Owner Noise hrainationAgr eerrtew I'uge I0 ol'?r Packet Pg. 1400 C.20.a1 of such a written agreement, all items shall become the property of the Contractor. Materials and equipment net listed for salvage by the Property Owner shall become the property of the Contractor. 37 Property Insurance. Luring Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sale cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38, Timing and Effects of Construction, The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 9. Labor and Material release. The Property Owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the general contractor. r r LO 49. Sale of Property. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or rather 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 CL 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 terra, covenant or condition hereof. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record,. the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Collars 19 :9g) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. ProperlY( ivner Noise Insulation Agr•eemeni Per, c 11 l78 Packet Pg. 1401 C.20.a1 4 . authority to Execute On Behalf Of Count. By Resolution No. 1`I 1- 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County„ did„ on the 7t 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. 44: ,Attachments. Attachments to this Agreement include the following, which are incorporated into this agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement 1- e. Exhibit E: Ventilation Hold Harmless agreement CL 4 . General Conditions. 06 Uj a. Governing Law Venue Inter retation Costs and Fees. i (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. r r (2) In the event that any cause of action or administrative LO 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 Conroe 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 CL there, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding 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. Proper.ti'Owner Noise 117srrlution Agyec-rnvnl Page 12 raj 28 Packet Pg. 1402 C.20.a1 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 of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority, Each party represents and warrants to the other that the execution, delivery and performance of this agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. This Agreement shall commence upon the ca 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. CL 06 f. Acceptance of Gift Cram _, Assistance Funds, gar Bequests, The LU County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of there, 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 LO 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 prier to submission. h. A iudication of Disputes or Disc regiments., 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.. CL 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. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1964 (PIL 8- 2), which prohibit discrimination in employment on the basis of race, color, religion, sex„ and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 U C §§ 1 81-1 83, and 1 8 -168 ), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amended (20 U C § 794), Packet Pg. 1403 C.20.a1 which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 197 (PL 0 - 55), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PI® 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public health Service Act of 1912, 58 and 57 (42 UC §§ 690dd-6 and 90ee-6), as amended, relating to confidentiality of alcohol and drug abuse patient records„ 6) Title VIll of the Civil bights Act of 196 (4 USC §§ 8601 et seq..), as amended, relating to nondiscrimination in the sale, rental or financing ofhousing; 9) The Americans with Disabilities Act of 1990 (42 U C §§ 12101), s amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression„ familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and rather activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement.. LO k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest, The County and Property Owner � covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics, The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 11 .816, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ._ __ .. _........ Packet Pg. 1404 C.20.a1 n. No 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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or snaking of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift„ or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property owner„ Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 coasts associated with that proceeding. This provision shall survive any termination or expiration of the contract. r LO 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: CL (1) beep and maintain public records that would be required by the County to perform the service. ( ) 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Properi.v Ovs,n r Noise Ins ul alion Agreemeni Page 15 o ';18 Packet Pg. 1405 C.20.a1 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. (8) 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 Property Owner of the request, and the Property Owner must provide the records to the County or allow the ca records to be inspected or copied within a reasonable time. If the Property Owner does not comply with the ounty's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 UJ contract upon violation of this provision by the Property Owner„ A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119,10, r Florida Statutes. If the property owner has questions regarding the application of chapter 119, Florida statutes, to the property owner's duty to provide public records relating to this contract, LO contact the custodian of public records, Brian Bradley, at (30 ) 9 -3470, bradle - brianmonroecounty-fl.gov, Monroe County Attorney's office, 1111 1th Street, Suite 408, Key West, FL 33049. p. Non-Waiver of ImmuDAy, Notwithstanding the provisions of Sec. 78. 8, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL - 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. Privilege s 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-Delegation of Constitutional or Statutory [duties. This agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Pr openly Oivner Noise Insulation 41greeinew 1'rrge 16 o'28 Packet Pg. 1406 C.20.a 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 „ Florida Statutes. s. Non-Reliance by lion-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this agreement. t. attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 LU and duties of the County or Property Owner under this agreement. r u. No Personal Liability, No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, �. agent or employee of Monroe County shall be liable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this LO 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. CL 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. Pro pert c r'!t'Owner `cafse lnsulalionAA greeineni Page !' Packet Pg. 1407 C.20.a1 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name CL 06 PROPERTY NER: Signature IN Signature Printed Na ADINA E TOMA Notary Public Printed Name Commonwealth of Virginia LO Registration No. 7693503 Signature fission xpares ec Date Q) Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: ns (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: DeUp ut Clerk Signature 1T RNEY F � E ADO Date Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1408 C.20.a1 ' PROGRAM LILY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions.. While providing a new ductless "mini- 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 KW TS Board policy rules, maintaining a maximums height of 4 inches. 3. All condensate lines will be installed on the building exterior consistent with KWBTS. CL 06 Board policy rules to ensure the highest level of consistency and building architectural aesthetics, 4. All interior AC lines (refrigerant, 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, LO . 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. Windo,w 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 CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction casts and improving time efficiencies. C. Custom CrownMolding nd Baseboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally assumed), which will not allow sufficient time for the awarded general contractor to secure custom snatched 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 ac infill abuts the existing baseboards„ the contractor will install a standard (314" x -1/ ') 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 yawner will Exhih#1 A -Proport),04W r N(Wsc�hisidulion Agreement ent Page l9 ol'M Packet Pg. 1409 C.20.a1 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold-Heights. Due to stringent Florida hurricane impact and water infiltration wilding 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 a hurricane. E. KWB,TS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on ail participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to g 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 bath the "walkway" and "courtyard/ / balcony" building elevations. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU 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-gall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless A , - wall cuts required for the installation of the ductless A , LO - 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 Reguirement. CL In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. ..... __— .... _. Packet Pg. 1410 C.20.a1 If samples show a presence of ACID! >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, win ows> oors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) b 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU - 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 LO 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. CL G. KWBTS BOARDAuthority of Design Decisions. The KWB,TS 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 . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment Lihibil A -l'r°oper i.v O veer°NtVse Insulallon Agracaera ellf Page 71 F f 8 Packet Pg. 1411 C.20.a1 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner poise Insulation Agreement Apartment Unit known as Unit 511-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded i Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 Uj CL 04 r r r r LO CL Lvhibrt B- Pr'of�fftvl% MY A"`cxiW h7sulaiCorr Agr•eetnent Page?a of 28 Packet Pg. 141`2 C.20.a1 PROGRAM IMPROVEMENTS Exhibit C T Homeowner oise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical `'Windows CL 06 Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement .Aluminum Acoustical Sliding Glass Patio Door(s) r r r LO CL Eyhlbh C-Prqpej-ty('.�i-vner Noise Itasulution Agre mem — Page 23(#?8 Packet Pg. 1413 C.20.a1 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit T Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 Uj 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. . The Property Owner understands and assumes full responsibility for the LO Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this agreement which could' include, but not be limited to, code violations, structural damage, water / moisture damagie, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL 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". . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 _.......... Lyhibit D-Proper(V Owner Noise/rrsulcttielrt 4gi-eei,)ier-lt Page 14 of.28 Packet Pg. 141'4 C.20.a1 ' necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise insulation Agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: PROPERTY OWNER: Signature Signature Printed Name CL 06 - - _ Printed Name UJI Signature 04 I Cate Printed Name _ nLO Sfgnatur .4. Signature Printed Name AMNA E TOMA — Notary Public � CurnmOnwealtrt of Virginia Printed Name � Registfatonn No, 7693503 Signature 'Y Corrimi7on 5xpn_res Dery 31 2029 Crate = Printed Name WITNESSES: PROPERTYOWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name f;thalrr° L) O'iwptr 1y C wrrc r°Noise fra.sialalir a, c t'ifr rt zt C'ag;,e 25 t?f'2e+ Packet Pg. 1415 C.20.a1 "VENTILATION HOLD HARMLESST Exhibit To Property Owner raise Insulation Agreement 1. In, partial consideration of the compensation to be paid on behalf of the County and the program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and property Owner and to which this Exhibit E is attached, the undersigined, 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death,. damage to the 06 LU 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 "deficiencies') against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable, �- . The Program Improvements may include the addition of acoustical LO windows and doors, removal and infilling 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 o 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 (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . 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 (ER V) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source o 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 Exhibit E Prolvr•i.7,Oivner Noise Insulation.•greetr eni Page 6(Y'28 Packet Pg. 1416 C.20.a1 bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original gall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may result if left untreated'. 5 It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the I WBT a 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 their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium, The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The property Owner agrees to assume full responsibility for any occurrence„ reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. r 7. The undersigned acknowledge and agree that all of the release, hold LO harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. IT E ES: PROPERTY OWNER: Signature Signature Printed fame Printed Marne Signature Date Panted Marne l xfrihil f=- Property Owner.loise lnsnlcrtton:€gr'eetrlent l�ci�c 27 ol'28 Packet Pg. 1417 C.20.a1 PROPERT OWNER. 7T, Signature Signature Printed Name AgINA p TOMA 0 Cl Notary Public Printed Name COMMunvaaalih of Virginia Signature My C t�mmission Expires Dec 31 2:,20 Date � Printed Name Ca ITN PROPERTY NE iCL Signature 06 Signature Uj Printed Name 04 Printed Name r Signature _ Date Printed Name LO c a) CL 0 l;.t frr"fair f= l'rrj?er q,,Owt-wt-iR oi.ve ln.s rlrariora.f yt-Cenlettt l'c it e 8 r�t'28 Packet Pg. 1418 Address. Key West bv the Sept CIO.= Unit No.: (0 C)_ Name(s): _ ".- PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTER19ATIONAL AIRPORT, MONROE COUNTY" THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit`B attached hereto (the "Property") and WHEREAS, the County is the owner and operator of the Key 'Vest International Airport (the ",Airport"), situated in the City of Key Vest, County of Monroe, CL State of Florida, and in close proximity to the Property, and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon,. ' r taping off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Ivey West -� International Airport's Noise Insulation Program (the "Program") and, as part of theco CD Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting o a team manager and assistant manager, architect, Mechanical / electrical engineer, acoustician and construction Manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County Mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOV , THEREFORE., in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Prol,vt-111T Owner Noise Ins-ulation A reonent -A608 � page I nJ?9� Packet Pg. 1419 C.20.am sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows `I. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. . Payment of Program improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto, The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N 4, Impeding 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 a >_ competitive bid environment, the Property Owner is prohibited from having anyco discussion or communication with the Contractor in relation to the Program, the CD contractor's bid, or this Agreement until after award of the construction contract by the , County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The County will award the contract for the CL 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 period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins., duns,. antiques, heirlooms, etc..) from their condominium, ( ) Mowing of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Properl,v C1ivn r Noise lMUlWiOil A,�-tV IW'171 :�608 Pug 2 r,/ Packet Pg. 1420 C.20.am space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the `D,esignated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, crapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area" ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area.." ( ) 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" CL 06 Uj b. After completion of the NIP construction, the Property Owner shall meet all Past-Construction requirements to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back intoco CD the condominium; ( ) Re-installation of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Properly Owner Noise Insulation Agreement A608 Page 3 e?1 9 Packet Pg. 1421 C.20.am alters 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. Safe Working_Environment. 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 health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 LU b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. CD -� co c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. if the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays.. wring 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 rebid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 1& Chancies o Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its T'ajoJ?ern,(Amer Noise Insidatioii Agreement .4608 Pages 4 oa 9 Packet Pg. 1422 C.20.am sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions net readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to he defused ,before the NIP construction process) within 7 days of the Uj inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken, Monroe County shall be the final arbiter of any conform ancelperformanceiissues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the LU Property Owners right to file such complaint. co CD 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 to the County for any and CL all damages and all direct and indirect costs caused thereby. 13, Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program, a. The County agrees that its contract with the Contractor will include standard one (1) year 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 g, 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 fit ojJerl.'()ivn(i Noise Insulation:1sTrcrenlew—:3008 Pc)Ke 5 0 `N Packet Pg. 1423 C.20.am 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; CL ( ) The Property Owner believes that warranty service is 06 required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; i ( ) 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; andco (4) The Property Owner believes that service is required with CD respect to product warranty issues, and the advertised warranty period for the product , has expired. 14. Pre-Existing Deficiencies, The Property 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 CL Deficiencies at the Property{, whether seen or unseen. 15. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be re uired to com lets all designated Pre-Work items utilizing their own funds and per the re ured deadlines as established by the NIP. 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. City of Key West "Hard-Wired" Smoke alarm Requirement. In compliance with the City of Key West Fire Marshall and the City of Ivey West Building Department construction permit issuance requirements, the Property Owner will be required to install 14-volt "hard-wired" smoke alarms in their condominium in Property Owner Noise Insulation Agr'eeinent A608 � 1 a�e h rr '29 Packet Pg. 1424 C.20.am accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid any potential impedance to the NIP construction ropes. In the event the Property Owner fair to install the designated "hard-wired` smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process, The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager.. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Pro ert The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and co damages related thereto. CD 19, Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to rake alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the _re-construction noise test to the p t- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post construction noise test. The Property Owner understands that the failure to adhere t 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 these requirements are not met. g. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. ._....._ - - Pr-operii-Owner Noise Jrrsulalron Agreement A608 pe,jge .7 of'9 Packet Pg. 1425 C.20.am 21.. 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 id Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 survey, 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. 2 . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 e liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect coasts related thereto. i 4, Pre and Post Construction Access, At scheduled times and/or r upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, co County, State and federal inspectors and consultants access to the Property to provide CD all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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 re-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 Protl.3foY(AvY)e!'Noise Insulation Agreement A608 p£d;Z 8O �9 Packet Pg. 1426 C.20.am 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, 28. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, 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. CL 27. Discovery of Pre-Existing Deficiencies During Construction. In the 06 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 remedate such deficiencies in an , effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Uj Manager or Contractor. co CD 28. Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional daysCL due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existina Window / Door 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 be re-installed due to size differences 'between the new and existing windows and doors. 30. 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. Proj)ertr Oiil er Noise Insulation A reenrerrt -.4608 a e �v '29 Packet Pg. 1427 C.20.arn 31 Communication Requirements, The Property Owner agrees to read and review all NIP emalls and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation, 3 . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 batters affecting the Property CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 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 Programco Improvements ,and after completion of the Program Improvements as may reasonably CD be requested by the Program Manager and/or bonne 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 CL these items. 35. Reduction of Fresh Asir Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Fold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 3 . Salvage of Materials & Equipment, if the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Proper o,( inner Noise insul aiion Agrc c?ine l- 11605' page 10 of�9 Packet Pg. 1428 C.20.am of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7, Property Insurance. Curing Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program. Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 0 . Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time, CL 06 0, labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Mlanagerg 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 warranties for materials and workmanship contained in the contract with the general contractor. co CD 40. Sale of Properly. In the event the Property Owner sells, conveys or , otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Collars ( 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's responsibility to insure such payment is made in order to "clear" the title to the Property. Packet Pg. 1429 ! C.20.am 43. authority to Execute On Behalf Of County. By Resolution No.Z004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th 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. 44. Attachments. ,Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit 'B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Told Harmless Agreement e. Exhibit : Ventilation Mold Harmless Agreement 4 . General Conditions. 06 Uj a. Governing Lava Venue Interpretation, Costs and Fees. i (1) This Agreement shall be governed by and construed in accordance with the Laws of the Mate of Florida applicable to contracts made and to b performed entirely in the State. co ( ) In the event that any cause of action or administrative CD 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. (3) 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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-packet 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. Binding 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. o _ .. Prop ern,Oivner Noise:tnnelcuirat Agreement ..._A608 Page t'of'' Packet Pg. 1430 C.20.am 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 of the remaining terms, covenants, conditions and previsions of this Agreement would prevent the accomplishment of the original intent of this Agreement; d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. This Agreement shall commence upon the ca execution of this Agreement, subsequent quent 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. CL 06 f. Acceptance of Gifts. Grants, Assistance Funds, or Beouests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of there, gifts, grants, assistance funds, or bequests to be used r 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 co CD 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 Disputes or Disagreements. 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. CL 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. i. Nondiscrimination. The parties 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 parties 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 I'll of the Civil Rights Act of 194 (Pl- 88- 382), which prohibit discrimination In employment on the basis of race, color,, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 16 1-1688, and 1 85-1 86), which prohibits discrimination on the basis of sex; ) Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794), Proper, �Owner Noise lnsulutirrn Agree menr A608 Page 13 a?f'9 Packet Pg. 143'1 C.20.am which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, 6 The Comprehensive Alcohol Abuse and Alcoholism Prevention; Treatment and Rehabilitation Act of 1976 (PIL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 USC §§ 696dds3 and 26ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC §§ 3661 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing ofhousing; 9) The Americans with. Disabilities Act of 1996 (42 USC §§ 12161) as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 19) Monroe County Cade Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 LU instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, r and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. co CD k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL fallowing the termination of this Agreement. 1, Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency, unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Proper(),Owner Noise lras ration Agrcterr eni, _608 Page 14 o '?9 Packet Pg. 1432 C.20.am n. No Solicitation/Pa ent. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or ether consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission„ percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 andCL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this LU provision by the Property Owner, Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 termination or expiration of the contract. co CD 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. , 119.0701 and the terms and conditions of this contract, the Property Owner is required to: CL (1) beep 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 cast provided in this chapter or as otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 i,roperf,y ovvne rvorse Insulation Agrecmew--A608 page 15 to1'9 Packet Pg. 1433 C.20.am 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` custodian of records, in a format that is compatible with the information technology systems of the County. ( ) 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 Property 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 does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 UJI contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. If the property owner has questions regarding the application of chapter 119, Florida statutes, to the property owner's duty to provide public records relating to this contract, co CD contact the custodian of public records, Brian Bradley, at (30 ) 292-3470, br dley- brianmonroecounty®fl.gov, Monroe County Attorneys office, 1111 12th Street, Suite 0 , fey West, FL. 33040. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 703.28, Florida Statutes, 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 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. Privileges 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-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor Shall it be construed as, relieving any participating entity from any obligation or responsibility Proper iv Owner Noise Insulation:4gr•crea eni-_ A 608 Page 16 e?1'29 Packet Pg. 1434 C.20.am imposed upon the entity by law except to the extent of actual and timely performance thereof by any ether 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community, in general or for the purposes contemplated in this Agreement, t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 UJ and duties of the County or Property Owner under this Agreement.. r u. No Personal Liabilit . No covenant or agreement contained herein � r 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 thisco CD 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. CL 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. .... Packet Pg. 1435 C.20.am IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, WITNESSES: P A PROPERTY OWNER: i atl�re L ranked e u 5 Printed Name a r "Z 1 Date CIO Printed Name CIO CL 06 WITNESSES: � PROPERTY OWNER N Signature "'re al - �- Pnnte rrre Printed Name 00 CD signet e : ` Let 0-5 Date Panted Name CL 1 WITNESSES. PROPERTY OWNER: lg at re ._ r signature P W Prink d a e Primed Name -signak�o e "�€ r - � "P L . bake Printed Name Pi-opco.y Owner Noise lrrstdcvr`w7.wlgi—eeiraew-- rt608 Prig s 18<7 `29 Packet Pg. 1436 C.20.am MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature Date __._ ...... ON 00 A #IEY PRO 06 PEe-AMWAJDR ,J.MEROADO �� N Date i co CD CL Property Owner Noise Insulation Agreement—A608 Page 19 of 29 Packet Pg. 1437 C.20.am PROGRAM POLICY STATEMENTS Exhibit A T Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions. While providing a new ductless "mini 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 — . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . All condensate lines will be installed on the building exterior consistent with KWBT 06 Beard policy rules to ensure the highest level of consistency and building LU architectural aesthetics. 4. All interior AC lines (refrigerant, condensate, electrical,) and Energy Recovery Ventilator ( RV) 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 >- LU condominium flour plan and number of bedrooms. The NIP executive architect will co review this information with you at your NIP design Review Meeting. CD . 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. ttil`indovwr Sill Replacernent. [due to the presence of asbestos, the NIP will provide a new custom woad surround and sill instead oft e existing gypsum board surround. Clue CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 prier to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install a standard (. 14" x -11 ') 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 xhihit ,4 -ProperlV Osvner Nrise Instrlcationa Agreement--A6+'8 Page 0 f?f 29 Packet Pg. 1438 C.20.am have the option to replace the installed trim with other custom trim to snatch the existing materials and profiles. D. deer Threshold Heights. 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 a hurricane. E. KWBTS Asbestos Testing 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 201 time period. This testing included collecting 7 to g samples at each condominium to include gypsum beard joint compound, window glazing, and exterior Ca windrow and door caulking. In addition, random exterior stucco samples were collected on both the "walkway" and "courtyard / balcony" building elevations. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU containing materials (ACM) have the potential to impact several areas of the NIP r 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, Co CD - 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 ERR. CL F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction; If samples show a presence of ACID < 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. xhibit A - 11r(,-peg•y Owner Noise Insulation Agreement -,608 � Page 31 n'9 Packet Pg. 1439 ! C.20.am If sarUles showa 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, ceilings, closets, windowsldoors), 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 CL ensure proper compliance with federal and state abatement guidelines. 06 LU 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 FAAco -� will require THC to develop a design and construction plan that minimizes the CD 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. CL G. KWBTS BOARD Authvri l f Design decisions. The K IBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and boor Color and hardware Finishes . Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement 5. In-Filled Kitchen Prime Door Policy Treatment -.......... � __�_....... Exhihit A - Prope ivly Owner Noise Insululion:gr°eemeni . .Fi608 Page ''cif 2J Packet Pg. 1440 C.20.am LEGAL DESCRIPTION OF PROPERTY Exhibit B T Homeowner Noise Insulation Agreement Apartment Unit known as Unit 608-A, atlantic Towner, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 Uj CL co CD CL r r Exhibit B -Cyr^(:pe't)'Owner Noise Insulation Agreerrrew- A608 Page 3 o '?9 Packet Pg. 1441 C.20.am PROGRAM IMPROVEMENTS Exhibit C 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 property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings • Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical Aiding Mass Patio Door(s) Co CD CL C'xhihit C- Properf.Y C.tuvner Noise lar.s°arlcuion.4 reemetit_ ,-1608 Page 4(#<9 Packet Pg. 1442 C.20.am D'EFICIENCY HOLD HARMLESS AGREEMENT Exhibit D T Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and — 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 concerning any and all claims, demands, damages, actions or causes of action of CL 06 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. co . The Property Owner understands and assumes full responsibility for the CD Deficiencies present in the Property, whether visible to the Program Manager or unseen. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations„ structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. CL . 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", . The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. . 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 Eyhihit D- Propuriv Oavner Noise Insulation Agreement-A608 1'Cige 5 g1'29 Packet Pg. 1443 C.20.am necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. NES : PROPERTY OWNER: tinature k,a...._ • i Signa ure Prrnte ;me CL g Print d Name _-_ UJ r Sinnre ,may a Date )-��—rinteame Ells,�f VS PROPE N 00 CD MAE 741�'Lcl ig, azure Si64atdre Pri to me ( r Printed Name sign (_ o ate Printed Name i TNES S• PROPERTY OWNER: r re Signa ure Pri zed a e ` c� r r Printed Marne 5ignatur - 3 - Date Printed'Name Exhihii D- Pr«pert,[1wller Noise l isulolio)i A reemmm �?4008" Peige 26 t?f 29 Packet Pg. 1444 C.20.am "VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Garner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the 06 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. co �- . The Program Improvements may include the addition of acoustical CD windows and doors, removal and infilling 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 (EP.V) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL .. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Clue 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 1a'xhihit E- Pr-oper t.1 L1ivner°Noise A608 1'taq e??raf'9 Packet Pg. 1445 C.20.am bathroom moisture in a central building exhaust shaft. 'During the Program design survey process it was discovered the KWBTB 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 and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original gall vents in all bathrooms and for any and all negative impacts that may result if left untreated. It is clearly a building code violation to duct laundry dryer exhaust to the KWBTB central exhaust shaft. In the evert a Property Owner has incorrectly ducted their laundry dryer vent 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 their 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. 8. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium, The Property 06 Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. Co . The undersigned acknowledge and agree that all of the release, hold CD harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damageses arising after the addition of the Pro sustained in adiith or as a re interior ventilation deficient g gram 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 the Property Owner Noise Insulation Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal repr sentatives, successors and assigns. PROPERTY OWNER,- SiII11111111111111111ignat r Signature Printed Name ' as s,. g Printed Name -_ g 1} f9 a re # Date Printed Name [Exhibil G- l'-opet-ty 01 vt t-Noise A608" Pa ?X t '2 9 Packet Pg. 1446 C.20.am MNESSES: - PROPERTY OWNER: il CVUI�-�fta, MatureIf ure A`t V ., . rame Printed Name ign�tur � p Gate Printed Name F WITNESSES: PROPERTY OWNER �. CL 4 tnature i .✓ 06' Signature We _ 04 p i -� N Printed Name r s n tur € . ' v Date co Printed Name CD CL c 0 L'vhibit E- Pr.ope)•tt,Or,vricer- 'oi.se Instr/crtionA i- emertl_ ,-160N sure 9 raj 29 Packet Pg. 1447 Address: Key West by the Sea C.20.an Unit No.: l ame s PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this `Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the Mate of Florida (the "County") and the undersigned (the "Property Owner"). ITHESTH . WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, Mate of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the ley West International Airport (the "Airport"), situated in the City of ley West, County of Monroe, CL Mate of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments andCD improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Programs Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and ............................................................. . Packet Pg. 1448 C.20.an sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . Program Polio Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit A. Payment oaf Program Improvements, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. r N 4. Impeding 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, theCD contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL 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 Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Loving of all furniture and belongings into the "Designated Storage Space Area." within the condominium, providing the required `clear area" (white Packet Pg. 14491 C.20.an space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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"; ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area" ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.); and storing them in the "Designated Storage Space Area"; (7) Gloving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 LU . After completion of the NIP construction, the Property Owners all meet all Post-Construction requirements to include. i (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �. ( ) Moving of any excessive furniture and belongings back into CD the condominium; ( ) Ike-installation of all wall treatments, door treatments and wall 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 NIPCL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propeny Ovvner Noise Insulation A rc cya tent #'crge 3 of 28 Packet Pg. 1450 C.20.an alters the construction schedule, the Property Owner shall be Gable to the Contractor and the County for any damages and all direct and indirect costs related thereto. . Safe Working Environment_ The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, Mate and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ca ( ) Refraining from aggressive physical contact, and (4) Insuring that ail pets are completely secured and contained. CL 06 b. In the event the Property Owner fails to meet any of the foregoing LU 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 action(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 CD Property Owner's failure to complete the corrective action(s) and/or condition(s) _ required byte Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto, d, If the Program process is resumed, the Property Owner shall beCL 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. g. Construction Dglays. Curing 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10.. Chanrlges,to Scope of Work.. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Properi.v Owner Noise Insulation A reerra€ni � � 1 Page- ra 2i Packet Pg. 1451 C.20.an sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Fiinal 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 ConstructionManager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 'representative to be defined before the N/P construction process) within 7 days of the inspection giving rise to the discrepancy, Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any cnformancelperformanceli sue . Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Uj Uj Property Owners right to file such complaint. CD 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 to the County for any and all damages and all direct and indirect costs caused thereby. 1 . 'warranties. The County does not represent or warrant the level of 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 agrees 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 g. 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 Prcperly Agreement ent Page 5 rsJ`28 Packet Pg. 1452 C.20.an 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, ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period Uj from the general contractor has expired; r ( 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 CD respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Mold 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, CL 15, Pre-Work_Re uirements. The Property Owner will be required to complete any and all Pre-'work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated P're-Work items utilizing their own funds and per the required deadlines a established by the NIP. 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. 1 . City of Key Vest "Hard-tired" Smoke Alarm_ e uirernent. In compliance with the City of Key 'Vest Fire Marshall and the City of Key "west Building Department construction permit issuance requirements, the Property Owner will be required to install 1 0-volt "hard-wired" smoke alarms in their condominium in A =� 1'� ge 6 q d'r�r��r�c�r-t)F �aariea NoiseNoisea�.�fad�alr��r� 1.��������� � f'28 Packet Pg. 1453 C.20.an accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Propert Owner will be responsible to ensure that the smoke alarms are net installed in same areas within the condominium where NIP modification work will occur, to avoid any,potential impedance to the NIP construction process. In the event the Property Owner fails to install the designated 'chard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process, The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages oft e work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to snake alterations, or to permit any tenant occupying any portion of the CL 06 Property to snake alterations to the existing windows, doors and/or walls from the time of LU the design process until the construction of the Program, Improvements have been completed, 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 sale discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will, be liable to the >_ County for all direct and indirect costs associated with unapproved alterations and damages related thereto. CD 19. Pre and Post-Construction Boise Testing Process. Pre- & post- construction noise testing is a very important Program process that is designed to E 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of thepre-construction noise test to the ost- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-construction noise test to the post- construction noise test. The Property Owner understands that the failure to adhere t 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 these requirements are not met. g. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Conroe 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 furniture as necessary. Properi,v Oivner Noirsehasrr'arirynAgreement Pager 7 qf-a`Packet Pg. 1454 C.20.an 1.. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements, . Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice (via NIP email an for 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 hid documents. These visits could'. include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Enid Process visits, the Property Owner shall be removed from NIP participation. . Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight 4 ) hours prior to the scheduled start of NIP ca construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities, Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct ,and indirect costs related thereto. i 4. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four ( 4) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program [tanager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide CD all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections„ review of Designated Storage Space requirements, past construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for alll 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 CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25 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 re-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 _.. _ _ Packet Pg. 1455 C.20.an 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 ley West hurricane season, 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 ca and indirect costs related thereto. 27 Discovery of Pre-Existing Deficiencies During Construction. In the CL 06 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 reme iate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program (Manager or Contractor. CD 8. Impact of Unforeseen KWBTS Build in Conditions on Construction , Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. Existing Window / Door 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 be re-installed due to size differences between the new ,and existing windows and doors 80. Existing gown bolding. 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. Propern,Owner A"I ise page 9(#,2< Packet Pg. 1456 C.20.an 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 fails to meet this requirement, it could result in removal from NIP participation. , Title Examination. The Program Manager has obtained or will obtain, at its sale cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. . 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 affecting the Property which are disclosed by the "Abstract of Title" and in the scale 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 County if the County determines that it is, necessary or desirable to do so (collectively, the "Title ca 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 CL shall be terminated. r 4, 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 LU project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonablyCD 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 CL these items. 35 Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Salvage of Materials & Egg meat. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange forte salvage of said materials and equipment directly with the Contractor at the Property Owner's sale 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 _.. _ _.. F'rs�laert� 014wer Noise lnsulalion Agreerrtew Pic -,e 10 ra1'28 Packet Pg. 1457 C.20.an of such a written agreement, all items shall become the property of the Contractor.. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cast and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 3& Timing and Effects of _Construction. The 'Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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, CL 06 39. Labor and Material Release. The Property Owner releases and UJ 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 warranties for materials and workmanship contained in the contract with the LU LU general contractor. CD 40. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of CL 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 terra, covenant or condition hereof. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Collars 1 gg.gg) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. PropurlY Owner Noise Inwidution Agreement Page 11 q1'28 Packet Pg. 1458 C.20.an 4 . Authority,to Execute On Behalf Of County. By resolution No. 111; 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17'h 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. 44. Attachments. ,Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: program Policy Statements.. b. Exhibit B: Legal Description of Property c. Exhibit C. Program Improvements. d. Exhibit C: Deficiency Hold Harmless Agreement n— e. Exhibit E: `ventilation Hold Harmless Agreement CL 4 . General Conditions. 06 a. Governinq Law, 'venue Interpretation Casts and Fees. i (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 Mate. ( ) In the event that any cause of action or administrative CD 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 casts, 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. Binding_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. Prcfpc'gy Oi,vn r3 Noise insulation Agreement F't t e l2 qf'8 Packet Pg. 14591 C.20.an 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 of the remaining terms, covenants, conditions and provisions of this.. Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Agreement. 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 previsions of this Agreement. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Requests. 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 bequests to be used for the purposes of this Agreement. g, Claims for Federal or Mate Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and CD 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 Disputes or Disagreements. 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. CL If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seep such relief or remedy as may be provided by this Agreement or by Florida law. i. Nondiscrimination. The parties 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 parties 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 V11 of the Civil Fights Act of 1964 (PL 83- 352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (26 UC §§ 1661-1663, and 165-1666), which prohibits discrimination on the basis of sex, 3) Section 564 of the Rehabilitation Act of 1973, as amended (26 UC § 794), !'t oiler of Oil rnerr Noise Insulation Agr'eet7 ent F"uge 13 of 28 Packet Pg. 1460 C.20.an which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6167), which prohibits discrimination on, the basis of age; 5) The Drug Abuse Office ,and Treatment Act of 1972 (Pt. 2-255), as amended, relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1979 (PL 91 616 , as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, 523 and 527 (42 USC §§ 690dd-3and 296ee-6), as amended, relating to confidentiality of alcohol and drug abuse patient records; 6) Title Vill of the Civil Rights Act of 1966 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1999 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 16) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this .Agreement. CL j. Cooperation. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum tot is Agreement. CD k.. Books records, and Documents. The County and Property Owner shall maintain books„ records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner � covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Prol,wrllv C)svper Noise fare l oaf?8 Packet Pg. 1461 C.20.an n. No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself„ it has neither employed nor retained any company or person, ether than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without. liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property owner must comply with Florida public regards 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 andCL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a coin proceeding and shall, as prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. CD 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; CL (1) beep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the ounty'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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 Packet Pg. 1462 C.2Q.an 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 ounty's custodian of records, in a format that is compatible with the information technology systems of the County. (8) 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 Property 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 does not comply with the County°s request for records, the County shall enforce the public records contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner, A Property Owner who LU fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida, Statutes. If the property owner has questions regarding the application of chapter 119, 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 (30 ) 292-3470, bradle - CD briars_ Qmonroeoougl -fla , Monroe County Attorney's office, 1111 12th Street, Suite 408, Key West, FL 33048. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768,28, Florida Statutes, 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 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. Privileges 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. Lem Obligations and Responsibilities; Ikon-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility Pro rerry OwnerNoise insulation Agreement Pere 16 of'28 Packet Pg. 1463 C.2Q.an imposed upon the entity by law except to the extent of actual and timely performance thereof by any ether 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, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. . Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them,, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t, Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 and duties of the County or Property Owner under this Agreement, UJ r u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this CD 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 Pleadings. 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. IPropert.1 Ovvlier Noise Insulation Agreement Page I cif 2h, Packet Pg. 1464 C.20.an IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY OWNER: Signature Signature Printed Na Printed Nam Signature Date Printed Name CL WITNESSES: PROPERTY OWNER: Signature SignatM'e e - �- Printed Namaj Printed Name L W Signature ' '_ Date Awuk- E Printed Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature lj�ON OE COUN A R EY P ROVED PEDP ASS NTY AVOPNEY Date Dat Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1465 C.20.an PROGRAM POLICY STATEMENTS Exhibit To Property Owner Noise Insulation Agreement ►. AirConditioning: General Restrictions. While providing a new ductless "`mini- 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: All condensing units will be installed on the balcony — . All refrigerant lines (running from the balcony condensing unite will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 48 inches. . All condensate lines will be installed on the building exterior consistent with K BT Beard policy rules to ensure the highest level of consistency and building 06 architectural aesthetics. All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery "ventilator ( RV) ducts will be housed in new vertical wall and corner pilasters which will be constructed to match the quality of existing galls. 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. CD . 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 not be replaced, CL This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown oldie and Baseboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install a standard ( 14" x -11 ') 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 E,xhihil,4 - Proj,,wri.v Owner Noise Insulafion Agreement Page 19 q1'28 Packet Pg. 14676 C.2Q.an have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Freights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding Mass patio doors will have thresholds that are considerably higher (from the floor) than existing doer thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. K EATS Asbestos Testin+ 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 g 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 bath the "walkway" and "courtyard / balcony" building elevations. CL 06 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 r 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 A ; wall cuts required for the installation of the ductless A , CD 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 Reguirements CL In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poky 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 it A - Prolwrtv(bra°ncat°1 oise Insulation n Agreement men1 e 20 t#/2t Packet Pg. 1467 C.20.an If samples 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, ceilings, closets, windows1ddors), approximately 4 feet from all walls and areas impacted b 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 (,ion-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. CL - The presence of AM 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 CD disturbance of AI 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. CL G. KWBTS BOARDAuthority, of Design Dl ecisions. The KWBTS Board will have the .Authority to make several of the Program design decisions to include: I. Acoustical Window and Door Material . Acoustical Window and Door Dolor and Hardware Finishes . Acoustical Window and Door Operational Myles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement g. In-Filled kitchen Prime Door Policy Treatment Erhilrii.A - Prol eri.t^Owner Noise Insulation.,Igrcteiaaent fare 1 qf' 8 Packet Pg. 1468 C.20.an LEGAL DESCRIPTION OF PROPERTY Exhibit o Homeowner Noise Insulation Agreement Apartment Unit known as Unit 609-A, Atlantic Tower, KEY WEST BY THE SEA, z a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. r CL 06 LU r CD CL i r r Exhi Div B-Pets r t) {`.1avner.•Noise Inasid(viem Agreement ent I'ts'ge '2 c?f'28 Packet Pg. 1469 ! C.20.an PROGRAM IMPROVEMENTS 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 property by a minimum of five (b) decibels. A typical Program Improvement package may include; Architectural Drawings Replacement Aluminum Acoustical Windows CL 06 LU Replacement Aluminum Acoustical Swinging PrimeDoor(s) r Replacement Aluminum Acoustical Sliding Glass Patio Door(s) CD CL C_x1rr`ha C - Propeqv Owner Noise 1'r7,Q1101i01?;greer tent Pca�e 2.3 cif<'8 Packet Pg. 1470 C.20.an DEFICIENCY HOLD HARMLESSAGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and 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 concerning any and all claims, demands, damages, actions or causes of action of CL whatsoever kind and nature on account of bodily injuries or death, damage to the property, 06 UJ 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. The Property Owner understands and assumes full responsibility for the CD Deficiencies present in the Property, whether visible to the Program Manager or unseen.. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements, CL 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". . 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-PropertV flwwr•Noise Insitdation A t-csem rrt Pug 24 q1'28 Packet Pg. 1471 C.20.an necessary repairs to the Property; to the acceptance of the Program Manager to minimize any defy or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. . The undersigned hereby agree that the terms and provisions of this Exhibit Q shall he binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. �TS S° PR=RTY NER: SignatureSignature l - Printed N e CL Printed Nam_ Signature _ i C.& Date Printed dame T E PROPERTY BIER: CD Signature A Signa re Printed Na4 _ Printed Name Signature CL 14 _ Cute _ Printed Name _ G) ......... WITNESSES: PROPERTY TYOWNER: i Signature Signature Printed Name Printed Name Signature Date Printed Name Exhibit I - 1i3oper y`0. viiei-Noise l isulrrtiovi A;i-eeiarr3w � #serge-15 rY'28 Packet Pg. 1472 C.20.an VENTILATION HHARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the ,Agreement of even date herewith (the ",Agreement") between the County and 'Property Owner and to which this Exhibit L 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 claim 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 CL whatsoever find and nature on account of bodily injuries or death, damage to the 06 LU 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. �- . The Program Improvements may include the addition of acoustical windows and doors, removal and infill'in of "through-wall" portable air conditioner units `D 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 o all passive inside / outside air leafage that was naturally occurring in all openings„ the Program will also include the addition of a energy recovery ventilation (EPA/) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. CL . Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4, Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the 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 E',vhibit G-llr•op r ilv(?vvner Noise Irwilrttion Agreernent Page 20 of 8 Packet Pg. 1473 C.20.an bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lacy a solid central building exhaust shaft. Clue to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent tote 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 their 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. 8. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL 06 Owner understands and assumes full responsibility for maintenance of interior moisture 11.1 and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full r responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. LU M . The undersigned acknowledge and agree that all of the release, holdCD harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to , injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Boise Insulation Agreement. CL 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. _ . IT SES- PROPERTY OWNER: s Signature S"sgna ire Fronted Nark) A s Printed Name &gna4 e Date Printed Name ._...... ........ Lvhibit E-llropeqy Ovviiei/ Noise Page 2 7tJf 28 Packet Pg. 1474 C.2Q.an WITNESSES: PROPERTYOWNER: Signature J Signet Printed N Printed Nave Signature �L-) ,,4° Date Printed Name co co WITNESSES: PROPERTY BIER: CL Signature 06 Signature Uj Printed Name N Printed Name r Signature >. Cate Printed Name CD CL C 0 hihzt E--I opor ty Own r Noise h7si lrafioi-i.fi r-eenwiv PaAe 8(a/'28 Packet Pg. 1475 Address: _ Key West by Lhe Sep C.20.ao nee( ) b�t tz� l PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, Ill ONROE COUNT' THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laves of the Mate of Florida (the "County"), and the undersigned (the "Property Owner"). 'V"WITNESSETH: WHEREAS, the Property Owner is the sale record owner in fee simple o certain real property located in the City of ley West, County of Monroe, Mate of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Ivey West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, CL Mate of Florida, and in close proximity to the Property; and 06 WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, r taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the ley West International Airport's Noise Insulation Program (the "Program") and, as part of the CD Program, the Property Owner has elected to obtain acoustical treatments and impirovements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Property(.1svner Noise Insulation Aareenient ?S Packet Pg. 1476 C.20.aa sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1 . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. . Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A . Payment of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit _�C_ attached hereto. The Program CL 06 Improvements will be approved by the Property Owner and County, managed by the LU Program Tanager, and performed by the Contractor. r N . Impeding 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 a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the CD 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.. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies CL and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 5. Pre- & Past-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-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 (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "designated Storage Space Area" within the condominium, providing the required "clear area" (white l'r•olaegy Oww r ,Voise Insulation Agr eeaa eni Page?ref 2 Packet Pg. 1477 C.20.aa space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area" (4) removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; ( ) removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; ( ) removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing them in the "Designated Storage Space Area" ( ) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" CL 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: i (1) Movi g of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: �. (, ) Moving of any excessive furniture and belongings back into CD the condominium, ( ) re-installation of all wall treatments, door treatments and wall 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 NIPCL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. . Impeding Construction. once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding, construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or _. ............... Property Owner,,Norse Insulution Agreenteni Puge 3 1,#'8 Packet Pg. 1478 C.20.aa alters 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. . Safe Working Environment, The Property Owner shall be responsible for providing a safe working environment for the Program Mlanager, 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: ( ) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; — ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property � Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process, r r c. In the event the Program process is not resumed due to the CD Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL 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. g. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of 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-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10� Changes to Scope of Work, The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its FropertV 0147ier Noise Ira�s�trin�irrr�,�o�r�c���raz�a�t Page 4 of 28 Packet Pg. 1479 C.20.aa sole 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 and such changes are necessitated by the discovery of hidden conditions not readily 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 the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to submit the discrepancy in writing to Monroe County 06 (representative to be defined before the N/P construction process) within 7 days of the UJI inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any onormancelperformancetissues. 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. CD 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BILE 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 to the County for any and all damages and all direct and indirect costs caused thereby.. 11 Warranties. The County does not represent or warrant the level of 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 agrees 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 !'j°olaegj,Oivne Noi'sv Insulution Agreement ent Page 5 ref?8 Packet Pg. 1480 C.20.aa 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; ( The Property Owner believes that warranty service is CL 06 required with respect to construction warranty issues, and the one-year warranty period LU from the general contractor has expired; r (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 CD respect to product warranty issues, and the advertised warranty period for the product :s expired. 14, Pre-Existing Deficiencies, The Property 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. CL 15. Pre-Work Requirements, The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate � the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their oven funds and per the re tired deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall e 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. 1 . City of Key West "Hard-Wired" Smoke ,alarm Requirement. In compliance with the City of Key West Fire Marshall and the City of Ivey West Building Department construction permit issuance requirements, the Property Owner will be required to install 1 g-volt "hard-wired" smoke alarms in their condominium i Pr(..)p 3r 1.y t)iv ner ;Foist Insid attarn Agr eeirtent Pu xe 6 e?f'28 Packet Pg. 1481 C.2Q.ao accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Property Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur to avoid an otential impedance to the NIP construction process. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Susoension of program Process. The Program process may, be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program . Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work_ 18. Limitation on Alterations to the Prosy. The Property Owner CL agrees not to make alterations, or to permit any tenant occupying any portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of LU the Design process until the construction of the Program Improvements have been completed. 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 for all direct and indirect costs associated with unapproved alterations and damages related thereto. CD 19. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees to provide access to their property for testing and CL agrees to not to make alterations to the interior of their property (with the exception o repairs ofDeficiencies) from the time of the pre-construction noise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the ore-construction noise test tote post construction noise test. 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 casts in the event these requirements are not met. 0. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Conroe 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 furniture as necessary. Pr opc,rtr Otvner Nt)lSe Jn.tulal.ion Agreenie>w Pgge 7 r,J'28 Packet Pg. 14872 C.20.aa 2 . 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 Did Process Access. At scheduled times and/or upon not less than twenty-four 24) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner 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. 2 . Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable tot e County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto. N 1 24� Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four (24) hours advance notice (via NIP email andlor letter) and per the established NIP construction schedule assignment, the Property Owner >_ agrees to provide to the Program Manager, Contractor, subcointractors, suppliers, City, County, Mate and federal inspectors and consultants access to the Property to provide CD all required NIP Pre-Construction and Past-Construction visits. These visits could , include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. 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 re-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 Packet Pg. 1483 C.20.aa 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 season, 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. Clue 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 Diable to the County and/or Contractor for any and all resulting damages and all direct and indirect casts related thereto. 7. Discovery of Pre-Existing [deficiencies During Construction. In the CL 06 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 rernediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. CD . Impact of Unforeseen KWBTS Building Conditions_ n 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 CL due to unforeseen building conditions that may arise and complicate the NIP construction. g. _Existing Window / Door 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 be re-installed due to size differences between the new and existing windows and doors. g. Existing Crown MoldjM 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 melding 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. Propeqv Owner Noise Insulation Agreemew Page 9(#'28 Packet Pg. 1484 C.20.aa 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 fails to meet this requirement, it could result in removal from NIP participation. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 31 000eration 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 affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property 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 ca 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 CL may invalidate the Easement, this Agreement shall be null and void, and the Easement 06 shall be terminated. r 4. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: r 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 reasonablyCD 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 CL these items. 5. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Fold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, 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 Propert},()wTer Noise .4€yreemenl Page 10 g1'28 Packet Pg. 1485 C.20.aa of such a written agreement, all items shall become the property of the Contractor. Materials and equipment net listed for salvage by the Property Owner shall become the property of the Contractor, r� Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cast and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 8, Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's 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. CL 06 9, Labor and Material Release. The Property Owner releases and UJ forever discharges any and all claims, suits and actions against the ProgramManager; the County and Its officers, employees, agents, consultants, and contractors and suppliers with respect to issues relating to the conformance of labor, materials and r acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. CD r 4 . Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer al,l of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or ether transfer of CL the Property. 1: 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( 90.99) to raver 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's responsibility to insure such payment is made in order to "clear" the title to the Property. ........ ---a.. Properly 0%4,ner Noise Insidevion Agreement f'ctq J 1 raj?1 Packet Pg. 1486 C2Q.ao 4 . Authority to Execute On Behalf Of County. By resolution No. 111- 004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 1 t"l 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. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference.. a. Exhibit A: Program Policy Statements. b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Fold Harmless Agreement e. Exhibit E: Ventilation bold Harmless Agreement CL 4 . General Conditions. 06 a. Governing Law, Venue Interpretation, Costs, and Fees. n ) This Agreement shall be governed by and construed i accordance with the Laws of the Mate of Florida applicable to contracts made and to be � performed entirely in the State. r r ( ) In the event that any cause of action or administrative CD 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 CL them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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.. b, Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner any their respective legal representatives, successors, and assigns. Prtapegv(,hrn3r°Noise � Page l?cafe* Packet Pg. 1487 C.20.aa 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 previsions 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 lave 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. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law, '® e. Duration of Agreement. 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. CL 06 f. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. 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 bequests to be used for the purposes of this Agreement, , Claims for Federal or State Aid, The County and Property Owner agree that each shalll be, and is, empowered to apply for, seep, and obtain federal and CD 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 Disputes or Disagreements. 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. CL 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. i. Nondiscrimination. The parties 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 parties 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 VII of the Civil Rights Act of 1964 (Pt. 88- 8 )1, which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended (20 U C §§ 1 81-1688, and 1 8 -1 8 ), which prohibits discrimination on the basis of sex; 8) Section 504 of the Rehabilitation Act of 1978, as amended ( 0 U C § 794), . �........__.. Proper v l vvner A`W.ye lnastrlaflarr.( reerr enl Page 13 (?f`?8+ Packet Pg. 1488 C.20.aa which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6161-6107), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 197 (PL 9 - 66), as amended, relating to nondiscrimination on the basis of drug abuse, 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1976 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public Health Service Act of 1912, 523 and 527 (42 USC. §§ 690dd-3 and 96ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 3) Title Vill of the Civil Rights Act of 1968 (4 USC §§ 3661 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1996 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 16) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familiall status or age; and 11) any other nondiscrimination previsions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Coo eration. In the event any administrative or legal proceeding is 06 instigated against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. CD k. Books,. _Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years CL following the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 11 .313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Properly 0;varer Noise Insidali n Agreei neat Paley"C 14 o ,8 Packet Pg. 1489 C.20.aa n. No 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 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and 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 11 , Florida Statutes, and made or received by the County and CL Property Owner in conjunction with this contract and related to contract performance. 06 The County shall have the right to unilaterally cancel this contract upon violation of this UJ provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all ttorney's fees and casts associated with that proceeding. This provision shall survive any termination or expiration of the contract. CD 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) beep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the Countys 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. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except a 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 ......... Propegy Oi,sater Noise 1175'ulalion Agreement Page 15 q1'X Packet Pg. 1490 C2Q.ao ' 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.. (6) 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 Property 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 does not comply with the County's request for records, the County shall enforce the public regards contract provisions in accordance with the CL contract, notwithstanding the County's option and right to unilaterally cancel this 06 LU contract upon violation of this provision by the Property Owner. A Property Owner who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 11 g.161, i Florida Statutes. If the property owner has questions regarding the application of chapter 119, Florida statutes, to the property owner's duty to provide public records relating to this contract, CD contact the custodian of public records, Brian Bradley, at ( 66) 9 - 470, raley- b,rian@monroecounty-fl.gov, Monroe County Attorney's office, 1111 1 th Street, Suite 468, Key West, FL 33040. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768. 8, Florida Statutes, 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 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. Privileges 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-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed ,as, relieving any participating entity from any obligation or responsibility PrCrpegy Oi-v er Noise Insulation A reeinent }'age 16 f'2 Packet Pg. 1491 C.20.aa imposed upon the entity by law except to the extent of actual and timely performance thereof by any ether participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended o, 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 state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 , Florida Statutes. s. lion-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute suchCL documents as the County may reasonably require in the performance of the obligations 06 LU and duties of the County or Property Owner under this Agreement. r u. No Personal Liability. No covenant or agreement contained herein � shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this CD 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. CL 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. . ........ Properly Ovtrner Noise lrrsrrlcaion Agreement I t'ige, 17(#'8 Packet Pg. 1492 C.20.ao IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. PROPERTY OWNER: ure r�/Z Sig ature Printed Name �" r ted Name d 4, ig ature Date 'a Printeditt Name CL 06 T S PROPERTY OWNER: Si e Si nature Printed Name W Printed Name rif] � Si nature w Date E rinted Name CL MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Cler , Signature AP ORV DR J. A I TANCOUNTY Date ate .. . ........ Property Owner Noise Insulation Agreement Page 18 of 28 Packet Pg. 1493 C2Q.ao PROGRAM POLICYSTATEMENTS Exhibit, A o Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions, 'while providing a new ductless "mini- split" AC system to your condominium as a pert of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: . All condensing units will be installed on the balcony . All refrigerant linos (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 4 inches. . 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 06 architectural ;aesthetics.. . All interior AC Imes (refrigerant, condensate, electrical) and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical wall and corner pilasters which r 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 >_ LU condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP design Review Meeting. CD . 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. Clue CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while 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 prier to construction ( s originally assumed), which wwill 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 ac infill abuts the existing baseboards, the contractor will install a standard (31 " x -11 ') 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 ExhibiI A -Pt operiv(Avner.,Voise Insulution g7reenle)lf I uge I9 28 Packet Pg. 1494 C.20.aa have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. 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 a hurricane. E. KWBTS Asbestos Testin+ 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 91 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. CL 06 Depending on the laboratory analysis of these samples, the presence of asbestos LU containing materials (ACM) have the potential to impact several areas of the NIP r construction process to include: - window removal and acoustic window installation, r - door removal and acoustic door installation, a removal of portable "through-wall" AC units and the infilling of openings, ceiling cuts required for installation of the ductless AC, r wall cuts required for the installation of the ductless AC, CD construction of vertical wall pilasters required for installation of the ductless AC system & FV ducts, - construction of closet soffit for installation of the BFV. F. Asbestos AbaterneDiReguirements CL 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 duri g construction-, If samples show a presence of ACT < 1% The NIB 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 HE PA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. - Packet Pg. 1495 C.20.aa If samples show a presence of ACM >11% 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 ( valle, ceilings, closets, windows/doors), approximately 4 feet from all walls and areas impacted b the NIP modifications, - Abatement and bagging of ACM (resulting from demolitionprocess) 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, TIC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to CL ensure proper compliance with federal and state abatement guidelines. 06 LU - 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 CD disturbance of ACM to ensure the minimization of construction casts, 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. CL G. KWIBTS BOARD Autho,d,ty,,of Design Decisions. The KWBTS Board will have the Authority to male several of the Program design decisions to include: 1 , Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Myles 4. Interior Ductless "Mini-Split" AC System Installation Requirements . Interior Ductless "Mini-Split" AC System Interior Soffit design and Placement . In-Filled Kitchen Prime Door Policy Treatment ...._..... _ - Exhibit A - Prc1,r3cry Owner Noise Insulation Agreement Page 21 of'8 Packet Pg. 1496 C.20.aa LEGAL DESCRIPTION OF PROPERTY Exhibit B T Homeowner Noise Insulation Agreement Apartment Unit known as Unit 611-A, atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe County, Florida. 06 Uj CL 04 CD CL r r r 0 Exhibit B- Properry Owner Noise 1"sukition Agl-eemenl pug- ??(#'?E Packet Pg. 1497 C2Q.ao PROGRAM IMPROVEMENTS Exhibit To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed byte Program Manager to reduce the interior environment of a property by a minimum of five ( ) decibels. A typical Program Improvement package may include: 0 Architectural Drawing Replacement. Aluminum Acoustical Windows a- 06 e Replacement Aluminum Acoustical Swinging Prime Door(s) r Replacement Aluminum Acoustical eliding Glass Patio Door(s) CD CL r r Exhibit C-f7{^opern,Owner "'raise insulation Agreement Pen, .3 oll Packet Pg. 1498 C.20.aa DEFICIENCY I LE OJT Exhibit a To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the ,agreement of even date herewith (the "Agreement") between the County and Property earner and to which this Exhibit Q 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 ca 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 CL whatsoever bind and nature on account of bodily injuries or death, damage to the property, 06 LU 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 CD Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements, CL 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". . 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-Pe=opert) O v ner Noise Insulation.-Igre eralew Page 4 of 8 Packet Pg. 1499 C20.aa necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns, ' .. PROPERTY OWN ER- Sig . igna ure Printed Name CL H � 06 T 4 ; Printed Name Uj Sign tore = ,.�. n '' �y;: ,, r hl µ s_ FN� s — s � date Printed Name - Uj _ a _ PROPERTY OWNER: CD Signature Pr' tee Name Printed Name K t nature { t � CL Date Printed Name - _. -- - E WITNESSES: PROPERTY OWNER: Signature Signature - Printed Name Printed Nanne Signature Date Printed Name Exhibit D- T-Yopei-tt'Oi+vwir Noise hisulertie.n Ag$i etne nt /'age 25 cJ 8 Packet Pg. 1500 C.20.aa VENTILATION HOLD MAGREEMENT Exhibit o Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit 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 r 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 CL whatsoever Find and nature on account of bodily injuries or death, damage to the 06 LU 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 "Deficiencies ) against said County or any of its officers, agents, employees, consultants and/or contractors to be legalily liable.. '. The Program Improvements may include the addition of acoustical CD windows and doors, removal and infilling 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 leafage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERA") unit which vwill provide an adequate exchange of inside / outside air to the condominium as required by building code. CL Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during 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 ExMail E-Prroperiv a`)wraer Noise Page 26 q�'2 Packet Pg. 1501 C.20.aa bathroom moisture in a central building exhaust shaft. Curing the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Cue to this existing condition, these original wall vents if still present) have the potential to provide a pathway for unwanted air, smoke and/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 may 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 vent 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 their 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. . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property CL Owner understands and assumes full responsibility for maintenance of interior moisture LU and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements.. LU r . The undersigned acknowledge and agree that all of the release, hold CD harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit-E apply to , injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation ,Agreement. CL . The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their r4pc,,ve heirs, personal representatives, successors and assigns. ram} PROPERTY NE SViga re Signature Printed Name µ. Printed Name 4F Signature ... --0 ... Date Printed game E-xhihit E-Pi op r°t)`owiwet}rvc ise h-is lotion Agi—eerr ent f'ca'ge 7 tl1'28 Packet Pg. 1502 C.20.aa T SS S: PROPERTY TY ER: �. re Signature ' Printed Name ` Printed Name n tore m_ f .-, Date Printed Name co WITNESSES: PROPERTY 'ER CL Signature 06 Signature LIJ Printed Marne N I Printed Name r r Signature Date Printed Name CD CL c Packet Pg. 1503 'IG.20.ap Key West by the Sea Building A, Part 1 (21 Base Units) Avigation Easements and Property Owner Agreements Bldg. Unit Property Owner(s) A 108 Lisa C. Rankin A 109 Susan M. Tolpa & Judith T. King A 110 Glen L. West, Jr., Patsy Ruth West & Caitlin G. West U) A 111 Laure Anne Luce A 209 Michael Allen Fowler & Lynette Kay Cole 0. A 211 Jean Dorreen Ward A 308 Judith A. Lavery & Peter F. Griffiths i A 309 Thomas G. Walker, Laura S. Andrews & Jackie M. Andrews A 310 Heather L. Eadeh, Chantal Eadeh Golberg & Leslie W. Eadeh �- A 311 Matthew G. Helmerich A 408 Mark H. Murphey & Joan E. Murphey A 409 William H. McCoy, III & Marilyn K. McCoy A 410 Linda Satz A 411 William G. Melchior, Sr. A 508 Albert R. Roman & Rachelle M. Romano A 509 Patrick J. Murphy & Judith A. Murphy U) A 510 Henry Michael Trost & Susan E. Trost A 511 Bruce L. Green & Arlette P. Collier A 608 Paul Edward Rose, Adene Straw Rose & Christine Rose Gladhill A 609 James S. Shuster & Crystal L. Shuster A 611 Richard R. Robinson & Katherine June Robinson Packet Pg. 1504 Address: Ke,,, West by the Sea C.20.aq Unit .: PROPERTY OWNER NOI E 1 �ULATION AGREEMENT KEY`WEST INTERNATIONAL AIRPORT, Mo ROE COUNTY THIS NOISE N AGREEMENT` (this "Agreement") is made and effective the date last ow writtenI y and between MONROE COUNT', a municipal corporation organized and existing under the laws of the State of Florida (the "County") and the undersigned (the "Property Owner"), WI ° NESSETIH. WHEREAS, the Property Owner is the sole record owner in fee simple of ca certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and '' WHEREAS, the Count is the owner and operator of the Key West International ,Airport (the "Airport"), situated in the City of Key "west, County of Monroe, CL State of Florida, and in close proximity to the Property, and 06 WHEREAS„ the County) desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taping off from, or maneuvering about the Airport, and WHEREAS, the Property owner has elected to participate in the Key West -� International Airport's poise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a CL general contractor (the "Contractor') to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical l electrical engineer, acoustician and construction manager Iselected by the County (the "Program Manager"); and WHEREAS, the Property' Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in, consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and T,'-glmrty 0,wner Noise fnsul vion Agreement A30 pc�,qe 1 ref 19 Packet Pg. 1505 C.20.aq sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Fasemer't. Simultaneously with the execution of this Agreement, the Property (.owner exicuted and delivered to the County an avigation easement (the "Easement") which F sement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . Program_ Polio tgtements, Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction, and eligibility restrictions. The Property Owner understands that prescribed Program Improvements` will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as ,Exhibit Ali. Payment of Program Improvements. The County agrees to pay for CL the Program Improvements descrit in Exhibit C attached hereto. The Program 06 Improvements will be approved by t e Property Owner and County, managed by the LU Program Manager, and performed by the Contractor. N . Impeding Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors it the preparation of bid submittals. To insure a >_ competitive bid environment, the Property Owner is prohibited from having any discussion or communication with he 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 Contrast. The County will award the contract for the CL 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 period defined by the Program Manager, . Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to inblude: i (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their co dominium ( ) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium„ providing the required "clear area" (white Properly Owner Noise Insulation A r•eerrzem A 04) Page 2 o> `2 Packet Pg. 1506 I C.20.aq space in sketch) for the Contractor, +'hen doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. ( ) 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"; ( ) Removing al electronic and dust sensitive items from their condominium or wrapping with. protective poly before storing them in the "Designated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging — shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all s all items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" 06 LU b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requireme is to include: i r (1) Moving of all furniture and belongings stored in the "Designated Storage Space .Areas" bak to their original positions in the condominium: �- ( ) Moving of any excessive furniture and belongings back into the condominium, ( ) Reainstallaton of all wall treatments, door treatments and wall 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 CL participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all { irect and indirect costs related thereto, d. In the event the roperty Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and' all resulting damages and all direct and indirect costs related thereto. 7, Impeding_ Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules, In addition, the Property Owner shall prevent any ;and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or . I'rodaert,°Owner Noise Pt,rge 3 ol'9 Packet Pg. 1507 i C.20.aq i r alters 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. . Safe Working Envir+ nment. 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 pluses of design and construction of the Program Improvements, the Property Owner shall be responsible for; (1) Providing working environment that is free from potential health risks„ biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining rorn verbal abuse or profanity; — ( ) Refraining rorn aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. CL 06 Uj b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process m y, at the County's discretion, be temporarily suspended at any time. In such eve t, the Program Manager shall i notify the Property Owner in writing, stating the correc ive action(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 Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager„ the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be CL liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the tempirary suspension of the Program process. g. Construction Delays, (wring 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-bid in theevent of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof Of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Proper°ty Owner poise Irasidalr'orrAgreement A 30P Page 4 of'29 Packet Pg. 1508 C.2Q.aq sole discretion, at any time during thei Program process, provided such changes do not reduce the scope or quality of the program Improvements described in Exhibit Q and such changes are necessitated by the discovery of hidden conditions not readily 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 issue 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 the identified punch-list items. In addition, the Property Owner is welcome to , attend the Final Inspection. In the event the property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with 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 CL Property Owner shall be required to s l b the discrepancy in writing to Monroe County 06 (representative to be defined before t omit t construction process) within 7 days of the UJI inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability[of the conformance/performance issue and any remedial action that may need to be Taken. Monroe County shall be the final arbiter of any conformanclperformancelissue �,. 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 corn laint. 12. Termination of AgE ernent. The Property Owner understands that = the signing of this Agreement initiates) both the BID and CONSTRUCTION PHASES of the Program Improvements to be 1 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 Prop rty Owner will be liable to the County for any and CL all damages and all direct and indirect�costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall cmrnence 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 It'v'arranty� & Final Closeout Package, the Property Owner Properfi,Oivner Noise lnsrrlcr ion:greeinew A309 � P(,i,e 5 g1'29 Packet Pg. 1509 ' C.2Q.aq i must fiat submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Find Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among 1product manufacturers. In the event of claim, the Property Owner is solely responsibl � 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 contactPe 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 tle Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is CL 06 required with respect to construction varranty issues, and the one-year warranty period LU 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 crrently conducting its business; and >_ The Propety Owner believes that service is required with respect to product warranty issues, ad the advertised warranty period for the product. has expired. 14. lire-Existing Defidlencies, The Property Owner will be required to sign Exhibit D (Deficiency Hold I Harmless Agreement) which will impute all responsibility ,and liability to the P'ropoerty Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. CL 15. Pre-Work Requirements. 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 Pro e Owner will be-required to complete all deli nated Pre-Work items utilizing their own funds and per the re uired deadlines as established by the NIP. 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. City of Key West "Hard-Wired" Smoke Alarm Reguirernent. In 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 be required to install 1 g-volt "hard-wired" smoke alarms in their condominium in C'r ref 3r tax f1j-s,rrzr Noise fry, ulalion Agr•eonc�r7,r ,4.30,9 Palge 6(,)j '' Packet Pg. 1510 C.20.aq accordance with all applicable codes and regulations by the required deadline as established by the NIP. The Propeii1y Owner will be responsible to ensure that the smoke alarms are not installed in same areas within the condominium where NIP modification work will occur, to avoid an otential impedance to the NIP construction process. In the event the Property wner fails to install the designated "hard-wired" smoke alarms by the established NI deadline, the Property Owner shall be removed from NIP participation, 17, Suspension of P oars Process. The Program process may b temporarily suspended at any time d ring the design and/or construction phases upon the discovery of Deficiencies du 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 of completed in, a timely manner, the Property Owner will be liable to the County fo any and all damages and all direct and indirect. costs due to delay and/or stoppages o the work.. 18, Limitation on Alt..rations to the Proper. The Property Owner CL agrees not to snake alterations, or to permit any tenant occupying any, portion of the 06 Property to make alterations to the existing windows, doors and/or walls from the time of Uj the Design process until the construction of the Program Improvements have been completed'. Exceptions to this rule Treq ust be pre-approved in writing by the Program Manager. Failure to adhere to thisuirement may, at the option of the Program Manager in its sale discretion, result i an immediate suspension of the construction of the Program Improvements on the Pr perty. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. g. Pre and Post-Construction Noise Testing Process. Pre- & post- 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 Property Owner agrees t 1 provide access to their property for testing and CL agrees to not to make alterations to t e interior of their property (with the exception of repairs of Deficiencies) from the tim of the pre-construction noise test to the „post- construction noise test, In an effort to insure consistent noise data collection, the Property Owner also agrees to prese e the interior layout of furniture, floor coverings and window treatments from the time of the re-construction noise test to thepost- construction noise test, 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 these r quiremeats are not met, g. Cooperation. As treasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, all hangings and furniture as necessary. Proper tY Owner Noise Irns°ulurir.+rr Agreement. A30° l='trge 7 tr/.9 51,1 Packet Pg. 1 C.20.aq 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 than twenty-four ( 4) hours advance notice (via N/P 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 survey, design survey, hazardous material inspection, pre-noise testing and pre-old visit, In the event the Property Owner falls to provide access to the Property for all required NIP Design and Bid Process visits, the '® Property Owner shall be removed frorn NIP participation. 21 Pre-Construction ,access. The Property Owner agrees to provide access to the Property forty-eight (4 ) hours prior to the scheduled start of NIP ca construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could CL result in the suspension of the scheduled NIP construction and the Property Owner shall 06 be liable to the County and/or Contractor for any and all resulting damages and all direct LU and indirect costs related thereto N i . Pre and Post Construction Access. At scheduled times and/or r upon not less than twenty-four ( 4) hours advance notice (via N/P email and/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 NIP Pre-Construction and Post-Construction visits. These visits could include, but not be Bruited to final measurement, pre-construction inspections„ review of Designated Storage Space requirements, past construction inspections and poste construction noise testing. In the eveni 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 CL Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25 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 condominiums. Based on this schedule, the participating Program Manager will assign each 'l 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 niot to re-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 ......... {' /'��cxpe ti,(honer ;'poise lr�sulallon ,fi reer�rent r 309 lag 8 o '29 Packet Pg. 1512 C.20.aq participation and the Property Owner.shall be liable to the County and/or Contractor for any and all resulting damages and all I irect and indirect costs related thereto, 26 Construction Period Extension [due to Hurricanes. Mince the NIP construction period will extend into th Key West hurricane season, there is potential for construction delays and/or stoppages beyond the control of the Contractor, in the event of a threat of an approaching hurric ne and/or an actual hurricane event. Clue to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time Deriod, without any fault or cost to the Contractor and Program Manage r, 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, Discovery of Pre-Existing Deficiencies Curing Construction. In the CL 06 event the Contractor discovers pre-existing iencies at the Property during the NIP Uj 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 o the schedulers construction period. The Property Owner understands that, depending n the timing of the pre-existing deficiency repair, the NIP construction period may net d to be extended, at no fault of the Program Manager or Contractor. 8. Impact of Unfore een KWBTS Building Conditions on Construction Schedule. The Property Owner and rstands 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 CL due to unforeseen building conditi ns that may arise and complicate the NIP construction. . Existing Window / Door Treatments, Shades and Blinds. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or oor treatments, shades and blinds may not be compatible nor able to be re-installe due to size differences between the new and existing windows and doors. 30, Existinq Crown Molding Curing the installation of the new acoustic windows and doors, the Till'" 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 mare modifications to the NIP interior trim at their own expense. Packet Pg. 1513 C.20.aq 31. Communication �Regjuirements. The property Owner agrees to read and review all NIP smalls an /or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could I esult in removal from NIP participation. 32. Title Examinatio6u. The Program Manager has obtained or will obtain, at its sale cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defecs. 33. 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 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 (il) se 'ure 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 ca Matters"). If, prior to the commencem nt of construction of the Program Improvements, the County, in its sole discretion, Bete mines that the Title Flatters affecting the Property CL may invalidate the Easement, this Agreement shall be null and void" and the Easement 06 shall be terminated. r 34. Federal Assurai ce. As required b the Federal Aviation Administration, the Property Owner a rees to the following provisions: a. The Property O ner 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 Manage and/or Monroe County. , I 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 a €der this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of CL these items. 3 : Deduction of Fresh Air Infiltration. The Property owner will be required to sign Exhibit E (Ventilati6n Hold Harmless Agreement) which imputes all responsibility to the Property Owner fr the proper maintenance of interior moisture and humidity levels. 36. Salvage of Mate ials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the property as a result of the Program Improvements, 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 Po 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 Fisting those items to be salvaged. In the absence Packet Pg. 1514 C.20.aq of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor, 7. Property,_Insurance. Loring Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractor's builder's risk insurance twill cease, and it is advisable for the Property Owner to obtain insurance to cover anjY value added to the Property by the Program, . Timing and Eft acts of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period, The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant ca quantities of dust and debris rendO ring portions of the Property uninhabitable for extended periods of time. CL 06 . Labor and Matedal Release. The Property Owner releases and UJ 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 warranties for materials and, workmanship contained in the contract with theUJ general contractor. 40. Sale of Pro pert In the event the Property Owner sells, conveys or , otherwise transfers title to the Prop rty before the completion of all phases of the Program process, the Property Owne 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. CL 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. 4 . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( 0100) 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's responsibility to insure such payment is made in order to "clear" the title to the Property. i Propertv Owner Noise ---,4309 page I 9 Packet Pg. 1515 C.20.aq 4 . Authority to Execte On Behalf Of County. By Resolution No. 111- Coguntduly motioned and Commisones ofpl+loneroeat 4 Cotantfully did on ounced the ? day ic of the Board of y, y March_ 2044, 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. 44, Attachments. tt' chments to this Agreement include the following, which are incorporated into this Agree ent by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e, Exhibit E: Ventil ation Hold Harmless Agreement CL 4 . General Conditions, 06 a. Governing Law Venue, Interpretation Costs and Fees. i (1) This Agreements all be governed by and construed in accordance with the Laws of the Btatel of Florida applicable to contracts made and to be � performed entirely in the State, UJI (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 th 't 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 CL there, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) 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 phis 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. Binding 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 representativfes, successors, and assigns. Prr;,pegy Ov+3ner Noise lrrsulcuion Agreement greement-- A309 1'6rge 12 o� '29 i - Packet Pg. 1516 I C.20.aq c, Severability, if any term, covenant, condition or provision of this Agreement (or the application thereofto any circumstance or person) shall be declared invalid or unenforceable to any extent�by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and previsions of this Agreement would prevent the accomp ishment of the original intent of this Agreement. d. Authority. Each p arty represents and warrants to the other that the execution, delivery and performance q f this Agreement have been duly authorized by all necessary County and property Owne action, as may be required by law. e. Duration of AgreeIrnent. 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. CL 06 f Acceptancf g±s UJ Grants, Assistance Funds, or Beguests. 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 bequests to be used for the purposes of this Agreement g. Claims for Feder I gr 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 fundig solicitations by the Property Owner shall be approved by the County prior to submission. h. Adjudication of Ibis uts or Disagreements, 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. CL If the issue or issues are still not resolved to the satisfaction of the parties, then any party y g h relief or remedy as may be provided by this art shall have the right to seep su; Agreement orb Florida law. i. Nondiscrimination; The parties agree that there will be no discrimination against any person, land 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 parties 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: ) Title VII of the Civil Rights Act of 1964 (PL 6_ 3 ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended ( 6 USC §§ 16 1-1683„ and 1636-16 6), which prohibits discrimination on the basis of sex; 3) Section 664 of the Rehabilitation Act of 1973, as amended ( 6 USC § 794), .......... Proper tly 014, er r'Voi,se Insidat1oP7 A r eeme w .4 30,9 f'cr rc 7t Packet Pg. 1517 C.20.aq which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U C §§ 8,191- 197), which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 1972 (PL 92-2 ), as amended, relating to nondiscrimination on the basis of drug abuse; 8) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1979 ( L 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public health Service Act of 1912, §§ 23 and 527 (42 U C §§ 99dd-3 and 299ee-3), as amended, relating to confidentiality of alcohol .and drug abuse patient records; ) Title gill of the Civil Rights Act of 198 (42 U C §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The American' with Disabilities Act of 1999 (42 U C §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 19) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CL j. Cooperation.. In the event any administrative or legal proceeding is 06 instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the Count and Property Owner agree to participate, to the extent required by the other party, ind all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that � no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attarment or Addendum to this Agreement, k. Books, Records, end Documents. The County and Property Owner shall maintain boobs, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied.. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during' the term of the Agreement and for four years CL following the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest„ which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Cade of Ethics. _ The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112. 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Property(Avner Noise faasid atacaaa Agr e'one nt - 4369 H N � Page 14 q/'29 Packet Pg. 1518 1 E C.20.aq ' n. No Solicitation/P yrnent. The County and Property Owner warrant that, in respect to itself, it has neit e employed nor retained any company or person, other than a bona fide employee work ng 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 emp yee 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 reach or violation of this provision, the Property Owner agrees that the County shall ave 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, pert ntage, gift, or consideration. o. Public Access. roperty Owner must comply with Florida public records laws, including but not limite to Chapter 119, Florida Statutes and Section 24 of article l of the Constitution of Florid . The County and Property Owner shall allow and permit reasonable access to, and ins ection 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 t' tutes, and made or received by the County and CL Property Owner in conjunction with this contract and related to contract performance, 06 The County shall have the right to unilaterally cancel this contract upon violation of thisUJ provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the 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 ' hall 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. 119.0701 and the terms and conditions of this contract, the Property Owner is required to. CL (1) Keep and maintai public records that would be required by the County to perform, the service, ( ) 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 st that does not exceed the cost provided in this chapter or as otherwise provided by la +. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as 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 ofthe contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records Prcperr°,Owner Noise Insirlarir n Agr•eenienr A3 19 Page !5 ti '?9 Packet Pg. 1519 l C.20.aq 1 q y p Property Owner that would be required the Coun to perform the service. If the transfers all public records to the Cou ty upon completion of the contract, the Property Owner shall destroy any duplicate p blic records that are exempt or confidential and exempt from public records di loser requirements. If the Property Owner keeps and maintains public records upon comp etion of the contract, the Property Owner shall meet all applicable requirements fr retaining public records. All records stared electronically roust be provided to jthe County, upon request from the County's custodian of records, in a format tht is compatible with the information technology systems of the County. E ( ) 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 sha11 immediately notify the Property Owner of the request, and the Property Owner - u-t provide the records to the County or allow the records to be inspected or copied with a reasonable time. If the Property Owner does not co ` ply with the ounty's request for records, the County shall enforce the public rec rds contract provisions in accordance with the CL contract, notwithstanding the County option and right to unilaterally cancel this 06 contract upon violation of this provision by the Property Owner. A, Property Owner who UJ fails to provide the public records to he County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.1 , Florida Statutes. If the property owner has questions regarding the application of chapter 11 , Florida statutes, to the property owner's duty Ito provide public records relating to this contract, contact the custodian of public reco ds, Brian Bradley, at ( g ) 292- 470, bradley_ Brian me nroecount fl -go , Monroe aunty Attorneys office, 1111 12th street, quite 40 , Ivey Kest, FL 33040 a) p. Non-Waiver of I munit Notwithstanding the provisions of Sec. 7 .2 , Florida Statutes, the particip` ton of the County and Property owner in this Agreement and the acquisition of any commercial liability insurance coverage, self CL - insurance coverage, or local governm nt liability insurance pool coverage shall not be deemed a waiver of immunity by the aunty to the extent of liability coverage, nor shall any contract entered into by the Count be required to contain any provision for waiver. q. Privileges and Immunities.. All of the privileges and immunities from liability; exemptions from laws, ordina cs, and rules and pensions and relief, disability, workers' compensation, and other ben-fits which apply to the activity of officers, agents, volunteers„ or employees of the Co nty, when performing their respective functions under this Agreement within the territ rial limits of the County shall apply to the same degree and extent to the performan of such functions and duties of such officers, agents, volunteers, or employees outs de the territorial limits of the County. r. Legal bli ate ions and Responsibilities; Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility i Packet Pg. 1520 imposed upon the entity by law excel t to the extent of actual and timely performance P 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, a horizing the delegation of the constitutional or statutory duties of the County, except Ito the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 3, Florida Statutes. I s. Non-Reliance � 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 Co-went, unty and Property Owner agree that neither the County nor Property Owner or any officer, or employee of each shall have these in iauthority to inform, counsel, or othe indicate that any particular individual or group ali v of individuals, entity or entities, h ent itlements or benefits under this Agreement ca W separate and apart, inferior to, or Penor to the community in general or for the purposes contemplated in this Agree ent, 0 t. Attestations. The Property Owner agrees to execute such CL documents as the County may reasonably require in the performance of the obligations 06 and duties of the County or Property Owner under this Agreement. u. No Personal Liabi�litv. 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 ors I 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 E any number of counterparts, each of hich shall be regarded as an original, all of which taken together shall constitute one Id the same instrument and any of the parties hereto may execute this Agreement b I signing any such counterpart. 0 Y, CL 1 4i w. Section HeaAdjipg Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such E section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this regiment. ................. Proper,� Owner Noise InsulationAgreemen, 309 7 0/'�?9 Page Packet Pg. 1521 i C.20.aq IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year fiat above written. mm WITNESSES: PROPERTY OWNER: � ure aA - t t �, 0nnted N e Printed Name Si atGfesk el"_ 3-0 Gate Printed Name CL 06 "VITNESSE ; PROPERTY OWNER: 04 V � ignature t �. 4w -Jv Mature Printed Nime W >' Printed Name Signatv'ree � 'E � Date Printed Name CL PROPERTY OWNER- WITNESSES: i natur` _ 1 Sig ire Vn ed tie i Printed Name Signature 4� ,2 A Date Prfnfed Name Property(.Avnei-Noiscf '4 6t) T qge IN o 2 Packet Pg. 1522 C.20.aq MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: (Seal) MAYOR / CHAIRMAN: Attest: KEVIN MADOK, CLERK By: Deputy Clerk Signature Date E ANEY(..--_ _ T CL PEDR J.MERCADO 06 Aft A p COUNTY ATTORNEY cv r9 CL Property Owner Noise Insulation Agreement A309 Page 19 of 29 Packet Pg. 1523 I C.2Q.aq PROGRAM POLICY STATEMENTS 1 lExhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning_: General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations nd restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony — . 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. 8. All condensate lines will be installed on the building exterior consistent with KWBT Board policy rules to ensure the highest level of consistency and building 06 LU architectural aesthetics. 4. All interior AC lines (refrigerant,, condensate, electrical) and Energy Recovery "Ventilator (EFL ) ducts will be housed in new vertical wall and corner pilasters which will be constructed to match the quuality 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 LU 'U review this information with you tour NIP Design Review Meeting. 5. Only electrical service panels that are determined by the Program Manager to be deficient will be replaced byte Pogram 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 beard surround. Due CL to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown Molding and Bas boards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally 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 ac infill abuts the existing baseboards, the contractor will install; a standard ( 1 " x 5-112) 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 Exhibit A s rol,- i-tv Owner Noise lns•ulalion,Igrecnient--A309 Page 0 g1'29 Packet Pg. 1524 C.20.aq have the option to replace the installed trim with other custom trim to match the existing materials and profiles. B. Door Threshold Heights. 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 dour thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing s required by state and federal requirements, THC conducted asbestos testing on all participating KWBTB condominiums irl Buildings A, B and C during the November 2917 to April 2018 time period. This testing included collecting 7 to 9 samples at each in condominium to include gypsum boa�d joint compound, window glazing, and exterior window and door caulking. In aitio , random exterior stucco samples were collected on both the "walkway" and "courtyard balcony" building elevations. CL 06 Depending on the laboratory analys s of these samples, the presence of asbestos LU containing materials (ACM) have th 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 A construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts„ - construction of closet soffit fir installation of the ERA''. F. Asbestos Abatement Requiremepts CL .. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be �qujred to perform the following abatement requirements during construction: If samples show a presence of ACID < 1% The NIP contractor will be required to amply 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. 1 hibii A -ProperlY Owner Noise lrrsulation greelinerrt—A309 Page?l ra"2#J Packet Pg. 1525 C.20.aq If samples show a..presence of ACM > % The NIP contractor will be required t perform full asbestos abatement procedures as directed by the Environmental Protecti n Agency (EPA) to include: - Construction of ACM containment barriers in all areas (galls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted b the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abaterne staff. Air sampling of containme t areas and clearance of all areas by certified asbestos abatement staff t allow access to containment areas by traditional (non-abatement) workers. THC will be required to pr vide executive oversight of all ACM abatement processes in all condornini rns throughout the NIP construction process to CL ensure proper compl lance with federal and state abatement guidelines. 06 LU - The presence of ACM gill ave a significant impact on the NIP construction process, lengthening the c nstruction period and increasing the sequencing r and coordination requirerne ,ts of contractor crews. - Given the cast to provide r quired 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. CL G. KVWBTS BOARD Authori of Qe i n Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include; 1. Acoustical Window and Door Materi l . Acoustical Window and Door Color nd Hardware Finishes . Acoustical Window and Door Opera ional Styles I 4. Interior Ductless "Mini-Split" AC System Installation Requirements 6. Interior [ductless "Mini-Split" AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment E'xhibir.t - ropers.),O raer• 'soi's°e Insulation A r•e nieni-w A 309 Page 2 ol'9 Packet Pg. 1526 i LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner No I Ise Insulation Agreement Apartment Unit now as Unit 3Q9-A, Atlantic Tower, KEY WEST BY THE SEA, a Condominium, according to the Declaration, of Condominium recorded in Official Records Book 589, at Page 370, of the Public Records of Monroe (n County, Florida. 0 CL 06 E 0 CL E Exhibii B- Propert),0�-vner Noise Insulation 4gree'menl -4309 Page 23(?f'29 Packet Pg. 1527 PROGRAM IMPROVEMENTS lExhibit C To Homeowner No se Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements c eveloped by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels, < A typical Program Improvement packa ge may include: Architectural Drawings • 0 Replacement Aluminum Acous 'cal Windows• 06 LU Replacement Aluminum Acous cal Swinging Prime Door(s) Replacement Aluminum Acous cal Sliding Glass Patio Door(s) E 0 CL E .............................. Lrhibil C- Propert 11'/V01'sc?Insulation Agr;�e J'07e)'I't A 309 Page 4of 9Y Packet Pg. 1528 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and U) assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims,against, or institute any proceedings against, the 3: County, or any of its agents, offi employees, consultants and/or contractors �e 0 concerning any and all claims, P deml nds, damages, actions or causes of action of a- 06 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-Exisiing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, lemployees, consultants and/or contractors to be legally liable. LU 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 'nderstands that the Deficiencies include any 0 E deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code (violations, structural damage, water / moisture damage, hazardous materials, infestatlion and/or any issue that would negatively impact 0 the installation and performance of the!Program Improvements. CL 4. If visible, the Property OWner understands that the Program Manager may E 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 Manaiger, as a precondition to the commencement of construction of the Program Improve ents. In the rare event that "Severe" Deficiencies are uncovered during the construction I period, the Property Owner agrees to complete E'xhihii D- Projvrt ,Ow N wer oise Insidation Aarec4lnenr -A309 Page 25 qf'29 j Packet Pg. 1529 C20.aq necessary repairs to the Property, t10 the acceptance of the Program Manager to minimize any delay or stoppages of w6 rk. l 7. The undersigned acknorledge and agree that all of the release and held harmless and indemnity provisions sit forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or ,damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall suoive the termination or expiration of the Property Owner poise Insulation Agreement . The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon and inure to tie benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. i ( I SSE fA PRO RTY t)1� R: 'ture v' -7�1 Y \ .t m '� s' ure 0 Printed Na e CL 06 ,.�.�+u� t 'u ' sX, Printed Name W ��.. 04 Sign. ure �= n a y ote Printed Name UJ ' �TNF,SSES PROPERTY OWNER: � ah iga`gar ,•' ., Printed lr . Printed Nam Sr nature CL r Cate P irrted Name 1 0 Ej, ES, PROPERTY OWNER: I } SiF6ature Printed tN w Printed Name Si nature... 0 ' �eL Qo'-C—CDate Printed Name Fxhihi!D- I'-oper°tt°O uwet€ Noise Ira.sula ie>ra,Tgi- ,tnew .309 Page-76 ol'? Packet Pg. 15370 i 7 C.2Q.aC� i *VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement i ii 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 ' xhi,bit E is attached, the undersigned, for and on _ behalf of the undersigned and the :�eirs, personal representatives„ successors, and assigns of the undersigned, forever ,releases, remises, discharges, indernniifies and covenants not to sue, institute claws 'jagainst, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors g y g of CL 06 concerning an and all claims, demands, damages, actions or causes of action whatsoever Find and nature on accunt of bodily injuries or death, damage to the LU property and the consequences there-, f, 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 "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. LU �- . The Program Improvements may include the addition of acoustical windows and doors, removal and infiling 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 f a energy recovery ventilation (EIS ) unit which will provide an adequate exchange lof inside / outside air to the condominium as CL required by building code. . given, the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. .. Due to FAA eligibility ;limitations, the Program will not be providing bathroom exhaust fan treatments. Binge 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 th t was designed to allow the passive exhaust of F-rhibil h- Pr°oiler lF Owner Noise Irrsidution AgreJlnenl__A309 ugc 2 7«J'29 Packet Pg. 153'1 C20.aq bathroom moisture in a central building exhaust shaft. During the Program design sur vey 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 and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all ba rooms and for any and all negative impacts that may result if left untreated. 5. It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In th , event a Property Owner has incorrectly ducted their laundry dryer vent 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 their cost before the initiation of the Program construction process. Fuirthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust, . The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels CL generated by the Property Owner within the interior of the condominium. The Property 06 Owner understands and 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 problems and/or interior humidity levels in the Property. In addition' the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknow ledge ledge and agree that all of the release, hold , harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation 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 the Property Owner Noise Insulation A 0 preement. CL 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and ;inure to the benefit of the undersigned and their respective heirs, personal representati'Yes successors and assigns. PROP Y �. gnat r . _Slnature I Printed e Panted Name Si nature '` Date P nted Marne I ----Exhibit E- Nrrlaert),€ i net-Noise Insrrlcrti(wi Ag)-ec�rri iv_-A 09 T ige 28 o "29 Packet Pg. 1532 l C.20.aq I i ...._. ........ WITNESSES: � PROPERTY OWNER: A Iiii store � Printed Nit ? 1 P nted Name Signature ,;. Cu A Lcc Date P inted arise F - r %Sfg'�natur SES PROPERTY OWNER: ' 06 CL i atureUJI Printed Na - Go04 Printed Marne Si nature " . k .' A Date Prrhted Nave M CL ....... ..... Exhibit E- Pi-ol-- rtt, viwi-Noise hisulatio),i:gi-o€A�ww 4309 Page 29 o '9 Packet Pg. 1533