09/18/2019 Agreement/Easement-C102 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
PrePar@0--PyAjd-Retqrn :
Heather
NIP Assistantr 1/2 -o io:49 Am Page i of 4
THC, Inc.
710 Daculai 9
cula,GIA 30019Filed in offiew Recor&o"IGATION EASEMENT
Key West International Airport
Noise Insulation Program
TH!L14ASEMENT AGREEMENT is entered into this
LL' f
y of
20 by�� m� hereinafteri he
ProPerty r," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, I 6"
Owner& The Property is the fee simple titleholder to certain (1 ,
located in Monroe County, Florida, more particialartyr it
Unit SEA, a condominium, with
an undivided interest in the common elements, i to the DeclarationCondominium
thereof, recorded iOfficial Records Book 589, Page 370, as amended from time to time, of the
Public f Monroe County, Florida.
identifiedalso address: 11 .® Unit C1 "'
B. The BOCC is the ownerandInternational ( the Airport")
desires to make propertlest, through interior noise
incompatible l it exposure to aircraftIresidential
purposes through the implementation I Insulation ("NIP"),
C. Under the NIP, the Airportill design and ' install or pay for the installation
improvements and modifications t to reduce
interior I levels tleast 5 dB and to bring the average interior I level below
dB in accordance withi Aviation AdministrationI iAvigation
Easement ("Easement") i i i ti in the NIP. The Easement
will supersede any impliedr presciriptive easements that the BOCC may have obtained
under applicable laws.
D The funding source for said ill include ing from the United States
pursuant to the AirportI Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacityr and operator of the Airport.
OwnerE. The Property desires to participatein the I into a Property
..._
Owner Nolse Insulation nt with the BOM The BOCC's implementation of the
NIP will benefit the Property Owner and the Property by providingcertain remedial sound
attenuation ct ion on all eligible residential structures on the property necessary
to achievereduction in DNL indoor noise levels t least 5 dB andbring the average
interior noise level l in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the ! li iilit could change t some future
time, t is currently 93 Existing ConditionfExposure Map
accepted by the Federal Aviation Administration ("t ") on December 19, 2013.
G. The NIP will be administered in accordance withh t FAA Order 5100.38, it
port
Improvement k.
H. It is the purpose of this Easement Agreement to grantthe BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration ofte improvements to be made to the Subject
Property through the NIP,# ipt and adequacywhich is hereby acknowledged by both
parties, in consideration and incorporation into this vi ion Easement of the recitals
t forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner' on behalf of the r ind its heirs, sins and all
successors in interest, hereby grant, bargain, sell and conveythe BOCC, its
successors and assigns, r to i avigation easement over the property. The use
of the Easementshall.Include the right to generate and emit noise and to causeother
effects as may be associatedi the operation of aircraftover or in the vicinity of the
This Easement shall apply to all such aircraft activity at the Airport, present or
in whatever form or type, duringoperation , on, to or from the Airportit being
the intent of the partiesthat all such Airport activity shall be deemed to be included
within the i t.
2. This Easement shall be perpetual in natureand shall bind and run withthe title o the
property and shall run to the benefit of the BOCC or its successorin interest as owner and
operatoro ! .
3. The r on behalf of the Property Owner, its heirs, sins and successors
in interest, !ease the BOCC, and anyn II related parties of the
including t not limited t i eagents, s t ,
employees lessees, n all claims, edebts, liabilities,
costs, y'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
r willi he future possess, as a result of Airporti r aircraft activities
noise levels reI or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including not limited to the above-mentioned
property r contiguous u to noise, n other effects of the operationthe
Airport r of aircraftlanding r taking off at the Airport.
_..__.®......, 4
K In tlonel Airport NIP—Avl don E t(Unft_ 1 ) Page 2 of
. 'This Easement expressly excludesn semi to the r and to the
Owner'sProperty Im , assigns and in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action fbr
physical damage r personal injury u by any ire r part of anyi Ira
the mat that identifiable physI l damage to the r injury
on the m i into I l I contact Withthe property or the n
the ,
5. Should itlh r party heretor any of their successors or assignsin interest retain
counsel to enforcef the log herein or protect !,is interest in any matter
arising under this r maa t, or to recover damages by reasonf and alleged breach of
any provision of this t, the prevaRing party shall be entitledto all
damages and expenses incurred including, but not limited to, attorneys fees and costs
incurred in connection therewith, including appellate action.
provision of this t is to be interpreted for or Ima t mad that
party r that l representative a provision.against
This Agreement shall be
Interpreted and construed Iu to the l f the Statef Ronda.
breachf any proAsion of this m t may be wa[vedunless in wrtting. Waiver of
any m breach provision f this emit shall not be deemed to be a waiver
of anyother breach of the other provision of thisAgreement. This Agreement
amendedmay be nl instrument executed by the rtl In interest t the
time f the modification. In t t that any oner more covenant, condition or
provision In in is heldinvand, void or illegal by anyu f competent
r sdM ma, the shall med severablefrom the remainder of this inlet
and ll In no way affect, impair or invalidate amad other provision hereof so long as the
remaining pr l ion t matedally alter time dghts and obligationsf the parties. If
such condition, oovenant or other provision shall be deemed invalid m to this scope or
breadth, nant, condition or other provision shall be deemedvalid to the extent
of the r breadth permitted by law.
8. In the meat the Airport shall be subdividedinto more than one parcel,or the Airport or
portionthereof m m j to operation, management r administration by a party
in addition to or In lieu f the , then and in that event the parUesthat same
shall not terminate or otherwise affect this mat so loin, Mina of the Airport
continues to operatefor standard airport flight purposes, ma that n such successor
in interest to the BOCC shall be entMedto all of the fit running to the
hereunder.
9. The Property Owner agrees that the Propertyr shaH bear and be responsiblefor
all 00sts of maintaining and operaaingany tt may tl ma materials and equipment
installed in the r on behalf of the .
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This Easement Agreement is executed as of the date first .
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STATE OF
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The foregoingInstrument was acknowledged before me thishday ofr ¢
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
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STATE OF FLORIDA
COUNTY OF MONROE
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The foregoing instrument was
by
i
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
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.::::::: -_�.�.. y Commission E
ullc °
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iiaiI tlonal Airport NI —AvI aon Easement(Unit#Cl
ASSISTAWPOAMWY AT
ia �
,Address:
West
UnitNo.: C102
Name(s): Bowns
NOISEPROPERTY OWNER
KEY T INTERNATIONAL P T, MONROE
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 3 S E T H:
WHEREAS, the Property Owner is the sole recordowner in fee simple of
certainl property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attachedto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property, and
WHEREAS, the County desires to obtain and preserve lbr the use and
benefit of the public a right of free and unobstructed flight lbr 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 moreparticularly described on �i !f Q 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 fbr the granting to the County
of an avigation easement over, across and through the Property, and
WHEREAS, the County will enter into .a ntru ion contract with
general contractor (the "Contractor") to provide the installation of the Program
Improvements, and
WHEREAS, the Program is managed 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 the terms upon which the Property Owner will participate in.the Program and receive
the Program Improvements upon the terms and conditions provided herein;
THEREFORE, in consideration of the terms, covenantsand
conditions set forth herein, and other good and valuable consideration, the receipt and
Propeny Omer Noise Imulation Agreement Page i of 28
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.
2. ftgM_mPollc�e Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed a sodas 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. Pgyment of Pro _. ,rgm Imprgvernents. The County agrees to pay for
,q — __
the Program Improvements described in E&Ehlbit Q attached hereto. The Program
improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. Im a in CoMpetitive Bid Process. The Property Owner shall not
impede or interfere with the Cent ors 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
contractors 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 Contrac•t. 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 timb period defined by the Program Manager.
6. Pre- & Post-Construction R�@,spns�!Villties. The Property Owner shall
meet all responsibilities and requirements pertaining to 6;ih'pre-construction and post-
construction:
a. Prior to the start of N I P construction, the Pmperty 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 flDesignated
Storage Space Area" within the condominium, providing the required nclear area" (white
Propeny Imuladon Agmement Page 2 of 2 1 8
space Iwo sketch) for the Contractor, When doing so, the Property Owner will have the
ability to utilize the complete nfloor 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 it 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 I he "Designated Storage Space Areau;
(7) Moving all small items and belongings into either the closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
the condominium; (2) Moving of any excessive furniture and belongings back I
o
(3) Re-installation of all wall treatments, door treatments and
wall hangings back to their original positions in the condominium.
. I the event the Property Owner falls to perform any and all of the
above Pre-Construction responsibilities, the Property Owner it be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor fbr
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Propeity Owner falls to perfbffn any and all of the
abovb 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. Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or alter
construction l ® In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property dudng 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
Pmper&Owner Noise Imuladon Agre'ment
Page 3 of 28
alter's 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 Worldng Environment. The Property Owner shall be responsible
fbr providing a safe working envl _ for the Program Maniger, 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
heaIt h risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
kind and/or explosives;
(2) Reffialning from verbal abuse or profanity;
(3) Refraining from aggressive physical contact; and
(4) Insuring that all pets are completely secured and oontained.
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program process may, at the Countys 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. Constru,ction Delay5,,. During the construction period, the Contractor
may expedence unforeseen complications relating to the installation of the Program
Improvements. The construction contract shall provide that delays related to these
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contract or if the Program
Improvements have to be re-bld in the event of lack of bidding contractors and/or failure
oft lowest responsive, responsible bidder to execute teeontract, provide a payment
and perfbrmance bond or show proof of required insurance.
10. Cm.Changes to Scope of Work. The Program Manager reserves the right
to make changest the plans and specifications and tho Program Improvements, at Its
4-of28
Propev Owner Noise don Agrwment
sole tire, at any time , provided such changes do not
reduce the scope or quality-of the Program Improvements described in Exhibit Q and
such ltated by the discovery of hidderw condltlorst iI
detectable dudng normal property inspection r .
11 g ,._ f Wnrk. Upon completionr Ire
the Manager shall inspect or cause the inspection
Improvements t Ire if they were completedt to the f the
contract. The Program Manager retainsI tl nn and authority
conforrnance and performance issues as they t to the Contractor, subcontractors,
suppliers n ti . The Property Owner is requested t ttend the
Substantial Completion Inspection l input to the t I n ®t
respect to the identifiedpunch-list items, In addition, the Property Owner is welcomet
attend the Final Inspection, In the event the Propertyr elects to not attend the
Substantial Completion and Final Inspections, they releaser their ability t
provideinput to the Constructionr with respect to the acceptance of the
Program Improvements, the event there is a disagreement between the Preperty
Owner and to a conformance or performance issue, the
OwnerProperty shall be requiredsubmit the discrepancyin writingto Monme
(representative r° It f the
inspection ii to the discrepancy. shall then make a
determination ato the acceptabilityf the issue and
remedial action that may need to be taken. nroe County shall be the l arbiter
any conformance/peilbrmance/issues. Failurethe Property Owner to submit the
written complaint it the time ifishall thereafter foreclose
Prop"Owners right to fileI i t.
12. Termination__ f m The Property Owner understands that
the signing f this Agreement initiates the l I f
the Pmgrarn Improvements in accordance withthe Program.
Therefore, the Property Owner attempts to terminate this t or otherwise
Impedes the progress of the perfbrmance of the Program Improvements after the
of the constructioncontract, the Property Ownerwill be liable the County for any and
all damages and all direct andindirect t t .
m Warrant__ i t t t r warrant thelevel
noisel t thepmparty owner will experience within the Property as a result
of the Improvements of the r .
a. The County agrees that its contract ®t the Contractor will include
standard one (t) year warrantles from the Contractor for all materials and wodcmanship.
warrantySuch one-year ll commence as oft time of the t of the
providedwork as r in Paragraph 9.
b. t the end of construction, the Program Managerill provide the
OwnerProperty with a WarrantyFinal Closeout Package whichill contain copiesf
the nit Ii I instructions, desI t legal documents,
condition of receiving the Ire Closeout Package, the Property Owner
Noise Imuladon Agreement5 of 2
must first submit a completedI ner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies r products used in the construction of the
Program Improvements di er among productmanufacturers. In the event of claim, the
Propertyer is solely responsibler pursuing all future product warranty issue
directly with each u manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible r, and agrees to contactContractor or product manufacturer directly to
coordinate nrequired service n look solelyto the general
contractor or the product manufacturer' fbr fulfillment of all warranties and for resolution
of II product or construction warranty i ( ):
(1) The PropertyOwner's inquiry is not directly relatedo either
construction warranties or product warranties (such as windowcleaning or product
maintenance) regardless of whether the Property Owner'sinquiry arises during the one-
year warranty periodthe Contractor or thereafter;
( ) The Propertyr -believes t warranty servicei
required with respect to construction warranty issues, and the one-year warranty period
from the general contmctor has expired;
( ) The Property Owner believes is requiredit
respect to product warranty issues, the advertised srranty period for the product has
not expired, andthe manufacturer is currently conducting its business; and
( ) The Property Owner believes that serviceis requiredwith
respectto product warrantyissues, and the advertised warranty periodfor the product
has expired.
14. 'Pre-Existina `Deficiencies. The Property Owner will be requiredt
sin Exhibit (Deficiency f I s Agreement) which will impute Il
responsibility liability to the PropertyOwner for any and all present Pre-Existing
Deficiencies the Property, whether seen or unseen.
15. Pre-WorkRequirements.. The Property Owner will be required
to complete n all Pre-Work, as requiredthe I fully accommodate
the NIP acoustic modifications. The ProLerty Owner will b@j%quired to comoleteII
desk
in ted Pre-Work items utilizing it th own funs an _ r the gg d d adlin„s
t li b the NIP.
I the vent the Property r falls to complete the
designated Pro-Work Pro-Work items by the establishedI edlie, the Property Owner shall
removedbe I participation the Property Owner shall be liable to the County
and/or Contractor for any and all resulting damages and alldirect' n indirect st
relatedthereto.
16. City of—ey West "Hard-Wired" Smoke Alarmcui nt. In
,_ ___-
compliance i the City of Key West Fire Marshall and the Cityof Key WetBuilding
Department construction permit issuance requi ts, the Property Owner will be
required install 1 -volt " - i d" smoke alarms in their condominium i
ei a of 28
accordance it . all applicable codes and regulations by the requireddeadline as
established by the NIP. The Pro pq)LOwner ,ill be Mapnil t e s that t
s alarms are not _ins II in a a within thecondominium..,,., _ e NIP odifi _tion ill occur, pwLd an _ not ntial impedance to the�NIP construction
rocess. In the event the Property Owner fails to install the designated "hare!-wired"
smoke alarms by the established NIPdeadline, the Property Owner shall be removed
from NIPparticipation.
17. $usp,, nin o _gram Process. The Program process may be
temporadly suspended at any time during the
design
for construction phases upon
the discovery o Deficiencies to their potential impact on the Program
Improvements and product war tis. The Program processill not resume until the
Property Owner has corrected all related problems to the satisfaction of the Program
Manager. In the event repairsnot completed in a timely nr, the Property
Owner will be liable to the Countyr any and all damages andall direct andindirect
costs due to delayand/or stoppages of the work.
18. Vmftq#9n_M Alterations' to the Prop q The Property Owner
agrees not to make alterations, or to permittenant occupying any portion of the
Property to make alterations to the existing windows, n for walls from the time o
the Design process until the construction of the Program Improvements have en
completed. cei to this rule mustpreapproved in writing by the Program
Manager. Failure to adherethis requirement may, at the option of the Program
Manager in its sole discretion, suit in an immediate u ei f the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct andindirect associated i unapproved It ti
damages related thereto.
1 Post-Construction Noise_ Testing uProcess. Pre- & post-
construction noise testing is a very important process that is designedt
measurei t achieved noise level reduction level t treated
properties. If selected the Program Manager for - & post-construction noise
testing, the PropertyOwner agrees to provides their property for testing n
agreesto not to make alterations interior their property (with the exception
repast ion nols t , I effort t ins ist ntenoise Ile the , t post-
construction fi ' cr s f time f the ion noise t t
�.m _ ion,
Property Owner also agrees to preserve the interior layout of furniture, r coverings
windowand treatments from the time of thepre-construction noise test t the cost-
con ion note test. The PropertyOwner understands that the failuret
this requirement may result in corruption the noise testing date. Therefore, the
Property Owner understands they y be liable to the County for any directand indirect
noise testing in the event these requirements not met.
. o tion. reasonably requested, t r shall
cooperate with the Contractor, the Program Manager County in the
performance of all phases of the Program Improvements including, but not limited t ,
the removal and reinstallation of rugs, wall ins-and furniture as necessary.
Propeny er Noise Inniadon Agmement Page 7 of 28
1. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Cont or r the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
. „ esi n , n i s c s. At scheduled i and/or upon
not less than twenty-four ( ) hours advance not (via 1 it andlar letter), the
Property r agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, Statefederal inspectors consultants access to the
Property to collect and developall final design and bid documents. These visits could
include, but not be limited rt survey, design survey, hazardous material
inspection, pre-noisetesting npre-bidvisit. In the event the Property Owner falls
provide access to the Property for all required NIPsin and Bidc visits, the
Property Owner shall be removedfrom NIPparticipation.
3. Pre-Construction Access. The Property Owner agrees to provide
access to the Property - i t ( ) hours prior to the scheduled rt of NIP
construction. This short visit will provide the Manager with the ability to ensure
that the Property Owner has met all furniture storage responsibilities. Failure could
suet in the suspension scheduled I construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect I thereto.
. Pre cand Post Construction Access. At scheduled times and/or
upon not less then twenty-four ( 4) hours van notice (via 1 ll andlor 1 r)
and r the establishedI st ion schedule ssi n t, 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 - nt ion and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated torage Space requirements, post construction inspections an post-
construction noise testing. In the event the Property Owner fails to providefor all
requiredI Construction visits, the Property Owner shall be removed
from NIP participationn the PropertyOwner shall be liable the County and/or
Contractor for any andall resulting damages and all direct andindirect lte
thereto.
25. Construction Period c of NIPconstruction
contract, the Contractor will provide the Program Manager with their final construction
schedule, hich will include the required number of calendar days to complete the NIP
construction in each of the participatingcondominiums. s this schedule, the
Program Manager will assign each Property Owner with a designatedr o
calendar in which construction will occur in their condominium. The
Owner agrees to relocatetheir condominium for the entireassigned time period. I
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period due to safetyc the to i I to negatively
impact the Contractor. In the event the Propertyr falls to provides r their
assigned construction time period, the PropertyOwner shall be removedI
_. ..... ......
Owner Noise Inm1ation 4greement _ e f2
participation n the Property Owner shall be liable the t r Contractor for
any and it resulting damages and alli indirect ts related thereto.
t l ' Sinceto
m � _ i n _ . e NIP
construction ill n i t t tl Ipotential f r
construction I and/or stoppages, beyond the control of the Contractor, In the event
f a threat of an approachinghurricane r an actual hurylcane event. Due to this
possibility, the Property Owner understands that delays may occur in additionto their
originally asi t i time riwithout t to the Contractor
and Program Manager. Furthermore, t n r agrees to relocatefrom their
condominium for all additional calendar daysresulting. from NIPn t tl n work
stoppages , n threat or eventt no coatt the nty, Contractor an
Manager.Program In the event the PropertyOwner falls to providethe required
additional access to their condominium due to hurricane-related wodc stoppages, the
OwnerProperty shall be removed from NIPparticipation the Property Owner shall
be liable to the Countyand/or Contractor for any andall rasulting damages andall direct
and indirect It thereto.
r _ tl a� fi i i ' Construction. In the
rr t Contractor the Property duringthe NIP
construction that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repait and rernedlatemint in an
effort to reduce anynegative impact on the scheduledn r l
Owner understands that, depending on the timing the - i t ri nrepair,
the NIPconstruction need to be extended, at no fault of the Program
Manager or Contractor.
Schedule. 28. !Mp"of Unforeseen ions on-Construction
n r under-stands that unforeseen buildingn iti n that
may arise during the NIP constructionthe potential to increase the original
scheduledtl f construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to planfor the Kworst-case" possibility that the
originally-scheduled n t i 1 tlon date may be delayedfew additional days
due to unforeseen building conditionsthat may arisecomplicate the NIP
construction.
29. Exist Existinq Window _Treatments, ShadesBlinds.
OwnerProperty understands that, after the installation of new NIPire n
the existingin r treatments, li t be
compatible r able t re-Installed to sizedifferences the new snd
existing i .
30. istina, 'Crown MM2otdg1ncL. m the iristallation of the new
a6oustic windows , t 1 0 will be pmvidingnew mstandard" replacement
interior trim n llm The Property Owner, to that t IP replacement trim
111 not match customr specialized cmwn molding patternsand/or custom window
and r trim. After the completionthe NIPifi tin , the Property Owner will
have the abilityto makemodifications to the NIPinterior,trim t their own expense.
Propeny Owner Noise ImWation Agrement Page 9 of 28
31, Communication Re uIrements. The Property Owner agrees to
read and review all NIP emalls and/or lefters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
falls to meet this requirement, it could result in removal ftorn 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 Clearing_,Title. Prior to the cornmencement 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 ti'm County may serve to
invalidate the Easement, and (Q secure the wdften consent of any and all mortgage
holders to the Property Ownees conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the 'Title
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager and/or Monroe County. -
b. After final completion of the Program Improvements, the Property
Owner shall assume the responsibility fbr maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neittier the Federal Aviation
Administration nor the County bears any responsibility fbr maintenance and operation of
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 fitterior moisture and
humidity levels,
36. SaLvage of MateriaL 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
matedals and equipment directly with the Contractor at the Property Owners sole risk
and expense. The County assumes no responsibility fbr 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 it to be salvaged, In the absence
.......... ............
AXWpery Owner Noise imulation Agmement "I'll Page 10 of28
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. Brgpgrty Insurance. During Program construction period, the
Contractor will provide builders risk insurance 1br the Property. The Property Owner
shall have trie option, at the Property Owner's sole cost and expense, to maintain a
hor'neowner's insurance policy fbr the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractor's builder's r1sk Insurance will cease, and it is advisable fbr the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
38. Ti M:ing_ And Effe The Property Owner
understands that there is a chance that construction itself may exceed the Contractoes
original projected construction time peflod. 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 fbr
extended pedods of time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, it and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractor's and
suppliers with respect to issues relating to the confbrmance 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
generaI contractor.
40. Sale of P In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all Phases of the
Prograrn 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 Pmperty.
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 Co-untydiFermines that the Easement should be released of record,
the Property Owner, upon wdften 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 docurnent in the public records of Monroe
County, . Flodda. 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.
.. ....................
Owner Noise Inniation Agmenent
Page 11 of 28
43. Authoritv jq_Execut By Res' olution No. 111-
duly motioned and passed at a lawfully announced public meeting, the Boa;—of
County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full
authority for the County Administrator to execute tFis—Agreement on behalf of the
County without further action by the Board of County Commissioners.
44. AW.ttachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement 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
a. Exhibit E: Ventilation Hold Harmless Agreernent
45. General Conditions.
a. apy i , InteMMtafl0rt_'qosts' 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,
(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 YAII lie in the apprDpriate 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
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 attomeys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-preval ling 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 requIlred by the
circuit court of Monroe County.
b. Bindi Effect.' The tenns, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respeefive legal representatives, successors, and assigns.
Owner Noise Inniation Agrftment Prop" Page 12 of 28
c. e veErabilit If any term, covenant, condition or provision of this
Agreement ( r the application thereof to any circumstance or n) shall bedeclared
invalid r unenforceable to anycourt 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 enforceableh fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreementl prevent the accomplishment of the original intent of this Agreement.
d. AulLorit
y. Each party represents and warrants' to the other that the
execution, delivery and performancethis Agreement havebeen duly authorized by all
necessary County e r action, as may be requiredlaw.
. Duration Of Lkgreement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Owner and by
the County and shall remain in effect for a periodreasonably ui to effect the
Program Improvements (t "), except as may be sooner terminated in
accordance i the provisions of this Agreement.
f. cc n , Grants, Assistance Funds, or e_usts. The
County p r agree that each shall be, and i , empowered to accept for
the benefit of anyr all of them, gifts, grants, assistancefunds, or bequests to be used
for the purposesthis Agreement.
Claimsg. r Federal or State Aid. The County andr
agree that each shall be, and i , empowered to apply for, seek, andi I and
state funs to further the purposef this Agreement; provided that all applications,
quests, grant. proposals, and fundinglicit i n the Property Owner shall be
approvedthe County prior to submission.
h. Adiudication of 21§putes 2r Disagreements. The County
OwnerProperty agree that all disputes and disagreementsshall be attemptedb
soled by meet and confer sessions between representativesof eachf the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
partyh ll have the right to seek such relief or remedy as may be provided this
Agreement or by Floridalaw.
i. Nondiscrimination. The Countyn r agree that
there will be no discrimination against any person, it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occur-red, this Agreement automatically terminates without any further action on the part
of y party, effective the date of the court order. The Countyr
agree to comply withII Federal and Floridastatutes, and all local ordinances, a
applicable, lti to nondiscrimination. These include but are not limited : (1) Title
I of the Civil Rights Act of 1964 .L. ) which prohibitsiscri i ti n the
basisc , color or national origin; ( ) Section 504 of the a ilit in Act of 1973,
amendedas ( U.S.C. s. ), which prohibits discrimination on the basisf handicap;
( ) The Age Discrimination Act of 1975, a (. U.S.C. ss. 1 1- 10 ), which
Owner NoiseLn=14don Agmement PPage 13 oft
Prohibits ir•! i ti the basis ! t t
Act of 1972 (P.. 92-255), as amended, relatingiscri m Mation on the basis of
Comprehensivedrug abuse; (5) The ! ! Abuse AndAlcoholism r' 1i ,
Treatment and Rehabilitation Act of . . - relating
nondiscrimination the basisalcohol abuse or alcoholism; (6) The Public Health
Servicef 1912, U.S.C. - ,
relating to confidentialityalcohol and drug abuse patientAmericans
With Disabilities f . . 1201 Note), as may be amended from time
relating to nondlscdm Mat!Mation on the basisl ilit ; (8) The FloddaCivil Rights
t of 1992, (Chapter 760, FloridaStatutes, and Sectionl tt
may be amended from time time, relating to nondiscrimination; (9) The Monroe
Countyrnan Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through
t -130), as may be arnanded from time time, l ti nondiscrimination;
any t r l rl !n t! provisions in any f l r state statutes r local
ordinances l l•r may applyto the partiesto, or the subject matter of, this °
j. t ,_, In the event any administrativer legal proceeding is
instituted agai t either partyrelating to the formation, ti n, performance, or,
breach f this t, the County andr agree to participate, to the
extent required by the other patty, in ll proceedings, hearings, pmcesses, meetings,
and'other activitiesrelated t the t this t r• rr" l f t1
servicesthis rit, The Countyr specifically agree that
no party to this ll be requiredto enter into it tlproceedings
related to this t or any Attachment or Addendum to this r' °
Booksk. ,, and Documents. The County andr
shall maintain books, records, and documentsdirectly i t to performanceunder
this rat in accordance vAth generally acceptedaccounting principles
consistently ll to this t or their authorized representatives
shall have reasonabletimely f each other party to this
Agreement for audit purposes duringthe term of the Agreement and for four years
following the termination of this t.
1. Coveriant Of No Interest. The Countyr
covenant that neither presently has anyinterest, and shall not acquire anyinterest,
whichld conflict in n r or degree with its performance under this
Agreement, and that only interest f each is to perform and receivefrecited
in this Agreement.
t.
rn. Code f Ethics. The Countythat the officers
employeesf the Countyill be requiredto complyit the standards of
conduct relating tpublic l i t in Sectionf ,
Floridat tut , regarding, but not limited t , solicitation or acceptance of gifts, in
businessit agency; unauthodzed compensation; l f public position,
conflicting l r contractual relationship; and di t r use of certain
information.
Owner Noise inniadon Agmement el oft
n. No Solicitation/Payment. The Countyn rtOwner warrant
that, in respect to its , i niter employed nor retained any company or person,
other than a bona fide employee ri solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
r firm, other than a bona fide employee working solely for it, any fee, commission,
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 t its discretion, to offset from moniesowed, or otherwise recover, the full
amount of such fee, commission, percentage, i , or consideration.
o. u licAccess. The County and Property Owner shall allow
perrnit reasonable accessto, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, FloridaStatutes, r
received by the Countyner in conjunction with this t; and the
Countyshall have the right to unilaterally cancel this Agreement upon violation f this
provision theProperty r. Public li r must
comply with Floridapublic records laws, including but not limited h ter 119, Florida
Statutes ion 24 of articleI of the Constitution of Florida. The County
OwnerProperty shall allow and permit reasonable access to, and inspection o , all
documents, records, papers, letters or other "public record" materials in its possession
or under its control 'subject to the provisions of Chapter I 19, Floridato n e
r received by the County and Property Owner in conjunction with thiscontract and
related to contractperformance. The County shall have the right to unilaterally cancel
this contract upon violation this provision by the Property Owner. Failure of the
OwnerProperty to abidethe terms this vision shall be deemed a material
breachthis contract and the County may enforce the terms of this provision in the
form of a courtin n shall, as a prevailingentitled to reimbursement
of all attorney' .fees and costso i t i h that proceeding. This provision shall
survive any termination or expiration of the contract.
The PropertyOwner is encouragedn It with its advisors about
Floridau lic Records Low in order to comply ith this provision.
Pursuant to F.S. 119.0701 and the terms and conditionsthis
contract, the Property Owner is requiredt :
(1) Keep and maintainpublic records that wouldrequired the
County to perform the service.
( ) Upon receipt -the Countyscustodian f records, provide the
County i the requested records or allow the records to be inspected r
copied within a reasonabletime t a cost that does not exceed the cost providedin this
chapter or as otherwise provided by law.
( ) Ensure that public records that are exemptr confidential and
exempt from public records disclosurerequirements not disclosed except as
Propeny n Nbisefnnladon Agreement
_.__ e 15 o
t ni 1 for t durationf t contractt I completion f the
contract I the Property r does not t f r the records to the County.
Upon completion ofth t , transfer, at no cost, t the
County all public records in possession of the Property Owner or keep and maintain
public that would be requiredthe County to perform the service. If the
OwnerProperty transfers all public records to the Countycompletion f the
contract, r shall destroy any duplicatepublic ttiat are exempt
or confidential from publicdisclosure i . If the Property
Owner keeps and maintainspublic records upon completionof the t the
OwnerProperty shall meet all applicable requirementsfor retaining publicrecords. All
storedI t 1 lly must be provided to t t from the
Countys custodian of records, in a fbrmat that is compEdible 'tl the information
technology t f tile County,
request to inspect or copy public records relatingto a County
contractt be made directlyto the County, but if the County does not possess the
requestedrecords, t ll immediately notifythe Property Owner oft
request, and the Propertyr must provide the records to the County or allow the
r000rds to be inspected or copied withinI time.
If the Propertyr has questionsiapplication of
Chapter 119, Florida Statutes, to the Property Owners duty to providepublic
relating to this tract, contact the Custodian of PublicBrian Bradley t
.
p. Non Nalver of Immun Notwithstanding the provisions .
768.28, Florida , the participationthe County andr in this
Agreement and the acquisitionf any commercial liability Insurance coverage, self-
insurancer local government liability insurance pool coverage shall not be
deemed a walVer of immunity the County to the extent of liability ll
contractany into by the County1 n in any provision for waiver.
q. ri ilp a s rid Immunities. AlI of the privilegesimmunities from
liability; exemptions laws, i , arid rules; i li f; i iil ,
compensation, and otherit hich apply to the activityf officers, agents,
volunteers, r employees of the County, wheni their respective functions
under this t within the territorial limits f the Countyshall apply to the same
extentdegree and to the performance of such functions and duti f such officers,
agents, lent g or employees outsidethe territorial limits f the County.
r, Legal Ii i_ 2 i ilit� s..,y -Delegation
Constitutional r t Duties, l t is not* intended t , nor shall It be
construedli I participating t' from any obligationr responsibility
imposed upon the entitylaw except to the extent of actual and timely
thereof by any other participating entity, In which case the offered
in tI i f the obligationr responsibility. Further, this is not intended
t , nor shall it be construed , authorizing the daidgationf the constitutional or
statutory tI f the County, except to the extent permitted by the Floridan tit tl ,
ly r Noise Insulationent Page 16o
statetut and, specificafly, the provisions of Chapters 125 and 163,
Floridatiut
! , No person or entity shall be entffled
to rely iupon the terms, or any of them, of this Agreement to enforce r attempt t
enforce anythird-party r enfitlement to or benefit of any service or program
contemplated hereunder, and the n mn r agree that neither the
County nor Property Owner or any agent, officer, or,emp�oyee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual r group
of individuals, eunto r entities, have entitlementsr benefits under this Agreement
separatermapart, in,fedor t , or superior to the communityin general or for the
purposes contemplated in this Agreement.
t. _ Owner t such
documents t W in the performancethe obligations
and tm the County or Property Owner under this m m mnt.
iu. No PeLmonal UaVL11ty. No covenant or agreement contained hereimn
shall be deemed to be a covenant or agreement of anymember, officer, agent or
employee n his or her indlAdival capacity, and no member, officer,
ant or employee of Monroe County shah be liable personally mn this t or be
subjectmn l liability r accountability by reason of the execution of this
Agreement.
v.
any number mount tof � all m Agreement n original, l executed �
Execution n � �
which
taken together l mn it one the same instrument and anythe rti
hereto may execute this r t by signingn nt r rt.
w. Section � r. Section headings have been inserted in this
Agreement as a matter of conveniencereference only, and it is agreedthat such
section m r not a part of this Agreement arid will not be used In the
interpretation i ion of this Agreement.
r Noise Inniadon Agmementa 17 of28
IN WITNESS , the Property Owner and the County have
executed this Agreement as of the day and year first above written.
IN SES: PROPERTY OWNER:
Signature ?
Ina
_
2 5 �t
,..........
m ,�v
R r
r
Date
Name
. ........ _.
_.
WIT
7SSES:
PROPERTY OWNER:
ZIA-
a
Signature
Prin Name . . ..._.
.,.
z Printed N Name
F �
AM
a
Sign to ..� d.
r
Date
Printed Name
s��y
MONROE G�UNTY BOARD OF COUNTY COMMISSIONERS:
' •°( ) qrMAYOR 1 CHAIRMAN:
,w is
is -. [ L S1 A Murphy
j .,. 4. � �x
J �
Y:
Deputy Clerk Signature
3 of
W
ate RN
p EY
MOM ,:..
Apope er Noise Imulation Agmment
` Page 18 of 28
PROGRAM POLICY STATEMENTS
Exhibit
NoiseTo
Property Owner Insulation t
A. Air Conditioning., General Restrictions. Whileproviding new ductless "mini-
split" A systemyour condominium as a part of the Noise Insulation Program
modifications, the fbilowing limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
2. Ii refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining maximum height of 48
Inches.
. All condensate lines will be installed n the building exterior consistent with KWBTS
Boardpolicy rules to ensure the highest level of consistency and building
architectural aesthetics.
. All interior AC lines (reftigerant, condensate, electrical) and Energy Recovery
Ventilator( ) ducts will be housed in new vertical wall and comer pilasters which
will be constructed match the quality of existing walls. The number and locations
of the new vertical wall and comer pilasters ill differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determinedthe Program Manager to be
deficient will be replacedthe Program as a part of the Noise Insulation Program
modifications.
. ._Window Sill Replacement.' Due to the presence of asbestos, the NIP will provide
new custom wood surround and sill instead of the existing gypsum board surround.
to this revised plan, existing custom sills (marble, granite, ) will not be replaced.
This revision will be an improvement, while decreasing constriction costs and improving
time efficiencies.
C. Custom nMolding-and-Baseboards_ Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction ( s 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-infili. At new pilaster locations and, if the tru wall ac Infill abuts the existing
baseboards, the contractor will install a standard (314n x 5-1)" painted woodtrim
abut the existing trim, rather than'aftempting to match the existing custom trim profiles
and materials. After the completion of the NIP construction, the property owner will
-Nop&V Owner NotsehMadon Agreement Page 19o2
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 hurTicane 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 9 samples at each
condominium to include gypsum board joint compound, window glazing, and exterior
window and door caulking. In addition, random exterfor stucco samples were collected
an both the "walkway" and mcourtyard / ti-1coni; building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic Window installation,
- door removal and acoustic door installation,
- removal of portable "through-wall"AC units and the infilling of openings,
- ceiling cuts required for Installation of the ductless AC,
- it 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 Req!Llrernents
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:
Lt_Wrnples show a Pr 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-Property Owner Noise Insuladon Agreement Page 20 of 28
I ?_ 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 AGM containment.barriers in all areas (walls, ceilings, closets,
windowsldoors), approximately 4 feet fmm all walls and areas impacted by
the NIP modifications.
Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
it sampling of containment areas arid 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 pmcess to
ensure r'®compliance Wth federal and state abatement guidelines. -
presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction perlod and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that ,minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority.of Design Decisions. The KWBTS Board will have the
Authority to make several of the Program design de ions to Include:
1. Acoustical Window and Door Matertal
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Inn Ductless "Mini-Split" AC System Installation Requirements
5. Interior Ductless "Mini-Split" AC System Interior Soffid Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
Exhibit A- er Nobe Inmiadon Agmment Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Unit 102-C, KEY WEST BY THE SEA, a Condominium, together with an undivided
interest In the common elements, according to the Declaration of Condominium thereof,
recorded in Official Records Book 589, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
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Exhibit B-Propeny Owner Noise Imulation Agreement Page 22 of 28
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
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Fahibit C- eny Owner Noise Insulation Agreement Page 23 of28
DEFICIENCY
Exhibit
PropertyTo
iInsulation
1. In partial consideration of the compensation to be paidhalf of the
County and the Program for the. Program Improvements to be made to the Property
descflbed in the Agreementeven date herewith (t "Agreement") between the County
Ownerand Property and to which this Exhibit Q is attached, the undersigned, t and on
behalf of the undersigned and the heirs, personal representatives, successors, an
assigns . of the undersigned, forey r releases, remises, discharges, indemnifies an
covenantsnot to sue, institute claims against, or institute any proceedings against,
County, or any of its agents, officers, l s, consultants and/or contractors
conceming anyand all claims, ions or causes of action of
whatsoever kind and nature n account of bodily injuries or death, damage to the property,
and the consequencesthereof, andany of the foregoing whichthe
undersigned or their respective heirs, personal representatives, successors and assignsi
connection with any and all Pre-ExistingDeficiencies (the mDeficiencles") against said
County r any of its officers, n to , r contractors to be
legally liable.
- . The Property Owner understands and assumesfull responsibility for the
Deficiencies present in the Property, whether visible the Program Manager or unseen.
. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time execution of thist which could
include, but not be limited violations, structural damage, water 1 moisture
damage, hazardous materials, infestation and/or any issue that would negativelyimpact
the installation and performancethe Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the process
(including i , bid andconstruction processes). If identified nt , the
ManagerProgram will classify h observed Deficiencies as either" inor' r"Severe".
5. The Property Owner assumes full responsibility for the worseningany
documented inor Deficiencies.
6. In the rare event " v Deficiencies identified urindesign
process, the Property Ownera lete necessary repairsto the Property, t
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the event that "Severe" Deficiencies
uncoveredare do construction pedod, the Property Owner agrees to complete
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iit D- r Noise Insulationt Page
necessary repair's to the to the ml f the r to
minimize any delay or stoppages of work.
. The undersigned acknowledge and that ll of the release and
harrri�ess and indemnity vision r 'in f this Exhibit D apply to
property damage, injudes, deaths, or damages aflaing f m i nci and/or ii
negative impacts that later result after the ifi m f the Program Improvements. The
provisions f this 'Exhibitii survive the rmin fi r expiration of the Property
NoiseOwner Insulation tm
8. The undersigned that the terms and provisions of thisExhlbH
-
ii be binding upon, andlnure to m mimf of the i and their mspecUve
i , personal representatives, and assigns.
....._ �
WITNESSEi
f
Signaixire
Signature
j
Pdn Name e _
,' 1. �... �.
Name
OtA
Ignature
Llcx
j_ffrin"Name
Signature
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r, q L7� #
Prl e
,,,,,,,,, „tea Of k
............
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3
PrInUid Name
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WITNESSES: PROPERTY OWNER:
= Signature _
Signature
Printed Name
Printed Name
i—iganature
Date
Name
.. - .. _.
Exhibit D-Property Oymer Noise lksulation Agreement Page 25 of2
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Propefty Owner Noise Insulation Agreement
® In partial consideration of the compensationibehalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewitht"
whichand Property Owner and to i ibit__.. i ,
the undersigned, for and on
behalf of the undersigned and the heirs, �personal representatives,
assignsf the undersigned, 1 i discharges, indemnifies
covenants p t to , institute claE against, r institute p@ 1 , the
I agents, officers, employees, consultants and/or
concerning any and all claims, , damages, actionsr causes of action
whatsoever kind and nature on account of bodily injuries or death,E damage to the
property and the consequences thereof, and any of the foregoingwhich
assignsthe undersigned or their respective heirs, personal representatives, successors and
in connectionit 11 Ventilation Deficienciest "Deficiencies") against
said County or any of its officers, agents, employees, consultants and/or contractors to be
legallyliable.
2. The Program Improvements include the additionacoustical
removalwindows and doors, and infilling of "through-wall it conditioner units
and,the addition f a replacement ductless "mini-split" air conditioning system.
these modifications ill result in a tighter interior environment due to the eliminationf
11 passive inside i 1 leakage that 'wasl 1 in all openings, the
Program will also include the additionventilation iwhich
will provide an adequate exchange of inside I it to the condominium
required by building
® Given the tightened interior i treated condominium, the
OwnerProperty agrees to assume full responsibility fort i of the
ductlessProgram t ventilation it to avoid
potential r mold and moistureproblems, especially during
condominium is losed and uninhabited.
4. Due to FAA eligibilitylimitations, the Program will not be providing
exhaustbathroom fan treatments. i t r showers are a source of
moisture generationin the interfor environment of a condominium,
agrees to assume full i it r ensuring that all bathrooms have an operable
capablebathroom exhaust fan f property exhaustingi the exterior
of the building. It shouldalso noted that original KWBTS condominiums
constructed with a smalll vent that was designed1passive exhaust of
o - . .. .......
Exhibit E- r Noise Immiadon Agmement Page 26 of 28
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 unwant'ed 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* even�t a Property Owner has l
inoorrecty 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 tothe improper dusting of their laundry dryer t®
6. The Property Owner understands that the Program Improvements VAII not
address kitchen and bathroom ventilation and/or excessive interior humidity levels
generated bythe Property Owner, within the interior ofthe condominium. The Property
Owner understands and assumes full responsibility fbr 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 modffications after
oompletion of the Program Improvements.
7. The undersigned acknowledge and agree that all of the release, hold
harmI ess 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 provis!'ons of this Exhibff E shall survive the termination or expira tin of
the Property Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and provisions of this
Exhibit E shall be binding upon and inure to the benefit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
1TNE"Sikii7 PROPIERTY OWNER,: ..................
Signature
7' I 9 S. iture L01 0,Nn n
............
..........
Printed Narn a le
R0,2
'j' At F111 rvied NaTme
tktf'A
Signature
F'rinted NaMe
.......................
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Exhibit E-Property Owner Noise Insulation Agreement Page 2 7 of 28
WITNESSES: PROPERTY OWNER:
q t' [ ®.c uw
IV LAN-
Signature
Si
Prl Name G ..
k
Printed Name
ina re
Date
Printed Name
ITN E —........................................... .....
PROPERTY OWNER
. _
I a
Printed Name
Prin d Name
Signature
Date
Printed
Exhibit E-Property Owner Noise Insulation t Page 28 of 2