09/18/2019 Agreement/Easement-C104 �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
EMRAMdBXARdAduM T!2; Doe#2263706 BW 3918 po 2273
Heather P. Faubert RW'MW 4/21"20'-Yo 10:49 AM PRP I of 4
NIP Assistant Project Manager
THC, Inc. Dead Doc ShmW S0.0D
710 Daeu la Rd.. Suite 4A#315 Filed wd Rworded in Official Reowds of
Dacula, GA 30019 MONROE COUNTY KEVIN MAD01r,CPA
AVIGATION EASEMENT
Key West International Airport
Noise Insulatir.
on Program
THIS EASEMENT AGREEMENT is entered into this.''-- day of
20-j—, by"BARBARA M. DOWER & MICHAEL DOWER", hereinafter referred to as"the
Properly Owners 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")
located in Monroe County, Florida, more particularly described as follows:
Unit No. 104-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together
with an undivided interest in the common elements, according to the Declaration of Condominium
thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the
Public Records of Monroe County, FL.
also identified as street address: '12801 S. Rocnevelt Blvd., Unit C104"
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
d13 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
.............. ................................................
KeyWest Intemadonal Airport NIP-Avigation Easemerd(UnkOC104) Page 1 of 4
Owner Noise Insulation Agreement with the BOCC. The 's implementation of the
NIP will benefit the Property Owner and the Property by providing certain remedial sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior noise level below 45 dB in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 Existing Condition Noise Exposure
acceptedby the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordance with the current FAA Order 5100. , 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.
THEREFORE,NOW for and in consideration of the improvements 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:
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 openation 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 fbrm 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 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 I se the OC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, n e , agents, ervn ,
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 It d 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.
kw t I .. .. oval lr N I - 'on card( nR i ) Page 2 of
. This Easement expressly excludes and reserves to the Property Owner and to the
Property nr's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or p '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 withthe 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 breachof
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.
6. o provision of this Agreement is to be interpreted for or against any party because that
party or that p legal representative drAfted such provision. This Agreement shall be
interpreted and construed according to the laws of the State of Florida.
7 o breach of any provision of this Agreement may be waived unless in wdting. Waiver of
any one breach of any pmvision of this Agreement shall not be deemedto be a waiver
of anyotherbreach of the same or any other provision of thIsAgreement. 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 in 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 p vision 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 or breadth permitted by law.
B. 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 r 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 Internadonal Arport I —Avl ion Easement( nn 1 ) Page 3 of
This Easement Agreement is executed as of the datefirst above written.
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PROPERTY OP TY ER:
,Iinature Signature
a Printed Name
Date Date
STATE OFCOUNTY OF
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: i
WITNESSES: MAYOR:
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Print Name � �ff
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Dal e
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Printed Name +
STATE OF FLORIDA
' COUNTY OF MONROE
The foregoing Instrument was acknowledged o me thi day of rrn,
by
as Mayor of the MonroeCounty Board of County Commissioners,a body politic and corporate.
i
My Commission Expires:
Notary Public Signature
a.)0-.'JRO.E COUWr,Y A0WRNEyV
... ... t International Airport NIP—Avigation Easement(Unit#C1 ) 1"� �a of
PEDA _
Dale
Address: Kev West bv the Sea
Unit No.: C104
Name(s): Dower
NOISEPROPERTY OWNER I
INTERNATIONAL T, 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 "PropeOwner").
I T N E 8 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,
and more particularly described on Exhibit 8,attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the i of Key West, County of Monroe,
State of Florida, and in close proximity to the s and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airports NoiseInsulation Pro (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 paidfor by the
County t no cost to the Property Owner and in exchange for the granting to the County
of an avi atin 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
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
Property Noise Imulation Agreement Page 1 o
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the County an avigation
easement (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.
. Proqram Pollcv Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed series of Program Policy Statementsoutlining
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
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 Contractors ability to select between approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure
competitive bid environment, the Property Owner is prohibitedfrom 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 fbr 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- & Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and requirements pertainingto both pre-construction and post-
construction:
. Prior to the start of NIP construction, the Property Owner shall meet
all -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 Noise Insulation Agre t Page 2 of2
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 uDesignated
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 Tesignated 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:
(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 falls 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
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Property Owner Noise ImuJadon Agreement Page 3 of28
alters the construction schedule, the Properly Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8. Safe Workina Environment. The Prope Owner shall b responsible
for providing safe working . environment r 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
O Insuring that all pets are completely secured and contained.
. In the event the Property Owner fails to meet any of the foregoing
conditions, the Program process may, at the Coun 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.
. 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.
. 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.
. Construction Delays. During the construction period, the Contractor
may experience unforeseen complications latin 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 contnact 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 r Noise Inudation Agreeinent Page 4 of 2
sole discretion, at any time un the Programp , 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
respectto 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
Pmgram Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
Property Owner shall be requiredto submit the discrepancy in writing to Monroe County
(representative defined bethre the NIP construction process) within 7 days of the
inspection giving rise to the discrepancy. onroe County shall then make
determination as to the acceptability of the conformance/performance issue and any
medial 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 progressof 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 result
of the Program Improvements performed part of the Program.
. The County that its contract with the Contractor will include
stands 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 pmvided for in Paragraph 9.
. At the end of construction, the Program Manager will provide the
Property Owner with a WarrantyFinal 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
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r r Noise Insulation Agreement e 5
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 Prop" Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty issue(s):
(1) The Property Owner's inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maintenance) regardless of whether the Property Owner's inquiry arises during the one-
year warranty period from the Contractor or thereafter;
(2) The Property Owner believes that warranty service is
required with respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
(3) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty period for the product has
not expired, and the manufacturer is currently conducting its business; and
(4) The Property Owner lust 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.
15. Pre-WorkRequireme rat s. 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 PMpe Owner will be reguired to complete all
dVgjg,,nat@d Pre-Work it utiliz6ailr 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. it of Key West"Hard-Wired" Smoke Alarm R pqyiLqrnent. 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 - It uhard-wired" smoke alarms in their condominium in
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Property Owner of Imu lion Agreement Page 6 of 28
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 h I
modification work will occur, to avoid any potential irnnc to the I con tru ion
process. In the event the Property Owner fails to install the designated "hard-wired"
smoke l y the established NIP deadline, the Property Owner shall be removed
from NIP participation.
17. $uspension of Prod c . The Program process may b
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 delayand/or stoppages of the work.
18. Limitation on Alterations uto the Pro a The PropertyOwner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterationsto 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 relatedthereto.
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
agrees to not to make alterations to the interior of their props (with the exception of
repairs of Deficiencies) frog wthe 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 -construction noise test to the j2os
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 under-stands they may be liable to the County for any direct and indirect
noise testing costs in the event these requirements am not met.
. Coo eraton. 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 necessary.
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Property r Noise Insulabon Agreement 7 of28
Utilities. r shall permit the Contractor to use, at
no t to the Contractor or the County, existing utilitieslight, heat, power and
water necessary to carryout the ProgramImprovements.
Design22. t l timesr upon
t l t twenty-fournotice (via NIP email andlor r), the
Propertyr agrees to provideto the Programr, Contractor, subcontractors,
suppliers, t federal inspectors and consultantsthe
Propertyto collectall final its could
include, t not be limited t , property survey, designmaterial
inspection, pre-noise testing pre-bidi it. In the event the Property Owner falls t
provide to the Property for all required NIPi id Process visits, t
Propertyr shall be removed from I ii ti .
21 Pre-Construction Access. Thr r agrees to provide
access to the Property forty-eight prior to the scheduled !
construction. This short visitit the Programr with the abilityto ensure
that the Property Owner has met all furniture storage responsibilities. Failur ul
result In the suspensionthe scheduledl t ion and the Property Owner shall
be liable t r Contractor for any and all resulting damages and all direct
and indirect lthereto.
24. Pre and Post t i than twenty-four Constructiont l timesr
upon ) u - notice (via NIP email andlor r)
and r the establishedl tru t assignment, the Property Owner
agrees to provideto the Programr, Contractor, subcontractors, suppliers, 1 ,
Statefederal inspectors and consultantsto the Property to provide
all required NIP Pre-Constructiont® r i i i . These visitscould
include, but not be limited to final measurement, pre-construction pre-construction inspections, f
Designatedt , post construction inspectionspost-
construction i testing. In the event the Property Owner falls to provider all
requiredlP Pre and Post Construction visits, the Propertyr shall be removed
from l ii t the Propertyr shall be liable the Countyr
Contractor for any and all resulting damages and al i indirect t related
thereto.
Construction rlod Access, Upon award of NIP construction
contract, the Contractorill provide the Programr with their final construction
schedule, which will include the required r of calendar days to completethe NIP
construction in each of the participatingcondominiums. this schedule, the
ManagerProgram will assign each Propertyr with a designatedr of
calendar days in whichi ill occur in their condominium.
Owner agrees to relocatefrom their condominium for the entirei time period. I
addition, the Prop" r agrees not t re-enter their property for any reason during
their assigned constructionperiod to safetythe potentialto negatively
impact t t r. In the event the PropertyOwner fails to providefor their
assignedtru i time period, the Property Owner shall be removed from
Proper r Noise Insulation_4gmement Page 8 o
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 rricane 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 falls 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. Discove(y of Pre-ExIsfing Deficiencies During Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately repair and 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.
2& Imoact 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
scheduI ed duration of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan for the %yorst-case" possibility that the
originally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arise and complicate the NIP
construction.
29. Exisfinq Window / Door Treatments, Shades and Blinds. The
Property Owner understands that, after the installation of new NIP acoustic window and
door's, 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 Moldbq 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.
__. .........................................................................
Property Owner Noise Inm1ation Agreement Page 9 of28
31. Communication Requirements. The Propertyr agrees
read and review lI NIP smallsr letters in a timely ion which are being
providedthe NIPi conformance. In the event the Property Owner
fallst this ui t, it could result in removal from NIP participation.
32. Title Examination. r has obtainedr will
obtain, t its solet and expense, an "Abstract Title" to ensurethat the Property
title is free from liens r title defects.
Cooperation i_ Clearing Titl , Prior to the commencement of
construction r r Improvements, the Property Owner shall cooperate withthe
County in order t (ititle i the Property1 r disclosed
by t "Abstract f Title" and in le determination of the Countyt
invalidate the Easement, and (IIsecure written t of any and all mortgage
_
I t t t t u the
County determines that it is necessary or desirable to do so (collectively, t "Tits
. If, prior to the commencement of construction of the Program Improvements,
County,the in b sole discretion, determines t the Titlei the Property
may invalidate the Easement, this ll be null and void, the Easement
shall be terminated.
34. Federal Assurance. required t Federal Aviation
Administration, r agrees-_ to the following provisions:
Ownera. The Property shall subject the constructionr the
project to such inspection approval during the construction of the Program
Improvements r completion of the ProgramImprovements as may reasonably
be requested by t and/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance and operationf the items
installed, urn r constructed under this Agreement. Neither the Federal Aviation
Administration r the County bears any responsibilityr maintenance and operationf
these items.
3& Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign _ (Ventilation B l nth which imputes ll
responsibility to the Property Owner for the proper maintenance ofit r moisture
humidity levels.
36. Salvage fi Materials Equipment. If t r it
t r t material r equipment ..removed from. the Property as a result of the
ProgramImprovements, the Propertyshall arrange for the I i
materials ui t directly withtr t r at the Property Owner'sI risk
expense.and The Countyno responsibilityr the conditionf the material,
equipment or surrounding surfaces as a result of the owner-requestedsalvage. The
OwnerProperty and the Contractor shall, prior to the commencement of construction,
documentagree upon and execute a listing those items to be salvaged. In the absence
____-.�............... .............
Property r Noise Inudation Agreement Page 10 of 28
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. Proerl _lnsu n . 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.
. Ti mina, 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.
. 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.
. Sale of Prort . 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.
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.
. 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 nrs
responsibility to insure such payment is made in order to "clear the title to the Property.
_...__. ........e
Property Owner Noise Insulation ee et Page 11 of 28
41 Authorltv to Execute On Behalf Of Count.v. 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
authodty for the County Administrator to execute ttiila�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 reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit B: Legal Descdption of Property
c. Exhibit C: Program Improvements.
d. Exhibit D: Deficiency Hold Harmless Agreement
e Exhibit E. Ventilation Hold Harmless Agreement
45. General Conditions.
a Pomnin -, Venue, Interpretation, Costs, and Fees.
A Law
(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 appropdate 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 Prop" 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
Flodda 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 it to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
Pro r 0 w n e"-'r"'''N'_o_!'_s_'e' In s—ul-a'I'!'o""'n"-"A—gr e e men t __ Page 12 of28
c. Sev ra ility. 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 perTnItted 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.
. Authorily. Each party representsand 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 requiredby law.
. Duration of Bent. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County and shall remain in effect for a period reasonably required to effect the
Program Improvements (the "Term"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. Acceptance of Gifts, Grants., Assistance Funds. or �eus 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
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,
quests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission.
h. Adjudication of Disgutes 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
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, s
applicable, relating to nondiscrimination. These include but are not limited to: (1) Title
I of the Civil Rights Act of 1 ( .L. 8- 5 ) which prohibits discrimination on the
basis of race, color or national origin; ( ) Section 504 of the Rehabilitation Act of 1973,
s amended ( 0 U.S.C. s. 7 ), which prohibits discrimination on the basis of handicap;
( ) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 611-6107), which
. ...........
Property Owner Noise Insulation ee t Page 13 o
prohibits discrimination on the basis of age; ( ) The Drug Abuse Office And Treatment
Act of 197 ( .L. 9 -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 17 ( .L. 91 16), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; ( ) The Public Health
Service Act of 1912, . 523 and 527, (42 U.S.C. 290 dd-3 and 290 - ), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 19 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 76 , 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 11 , Article VIII Sections 1 -101 through
1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 )
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.
j. Cooperation. In the event any administrative or legal proceeding i
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
o 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.
. 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 a 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.
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 performanceunder this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
. 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 . 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.
P�r-op er r Oise I lotion A g r ee ment Page 14 of 28
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, i , or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 11 , 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
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the 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.
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 . 701 and the terms and conditions of this
contract, the Property Owner is requiredto:
(1) Keep and maintain public records that would be requiredy 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 requirementsare not disclosed except as
Property r Noise Insulation.Agreement Page 15 o
authorized by law for the duration of the contract term and following completion of the
contract if the Property Owner does not transfer the records to the County.
( ) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perform the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirementsfor 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
quested 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 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)
-370.
p. Non-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 v e, 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.
. 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. Loal Obligations and Responsibilities° Non-Delegation, of
Constitutional or Statutoly Duties. This ment is not intended to, nor shall it be
construed as, relievingany participating entity from any obligation or responsibility
imposed upon the entity y 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 , authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
Property r Noise Inmdation Agreement PW 16 of 2
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No Derson 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 inforTn, 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 Liql Lilily. 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 Count 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 Hqaq Lin A. 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 rty Owner Noise.1nmlotion Agreement Page 17 of28
IN WITNESSHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
IT *el
PROPERTY OWNER:
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` Signature
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Printed Name ...1 .� _....-.
.� uuuuuumm � �
Signature
Date
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Printed Name
....
WITNESSES: ° PROPERTY OWNER:
Signature
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Printed Name
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Printed Name
Sigr �'Ire
................
1 ,•1. � Date
dhW ame
NTY
BOARD OF COUNTY COMMISSIONERS:
9 "tl�r.,
MAYOR1 CHAIRMAN:
+ , CLERK sl is r
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1 Deputy Clerk Signature
Date
............ ______
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Property r Noise Insulation
.rat e
18 of 28
i i ..
pg .1
PROGRAM POLICY STATEMENTS
Exhibit
PropertyTO
r Noise Insulation Agr t
A. Air Conditioning: General Restrictions. While providing a new ductless " ini-
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 48
inches.
3. All condensate lines will be installed on the building exterior consistent with KWBTS
Board policy rules to ensure the highest level of consistency and building
architectural aesthetics.
. All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery
Ventilator (EV) 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 comer 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 y 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.
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
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 (31 " x 5-1/2") 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-Property r Noise Insulation Agrea t Page 19 o
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. Door Threshqld Heiqhts. Due to stringent Florida hurricane impact and water
infilt tion building codes, all new aluminum acoustical prime entry swinging doors and
sliding glass patio doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from 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 exterior stucco samples were collected
on both the 'walkway" and "courtyard / balcony" building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
- removal of portable "through-wall" AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters required for installation of the ductless
AC system & ERV ducts,
- construction of closet soffit for installation of the V.
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 D resence of ACM < 1%
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all as where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the as he surfaces are chipped, cut
and/or sanded.
F�kbii` ' Property Ow-nerNoLwlmulalio-"n-'Agreement Page 20 of2 1 8
If samples show 9pM-aqnce 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,
windowaldoors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACIVI (resulting from demolition process) by
certified asbestos abatement staff.
- it sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement) workers.
will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines,
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS prop"owners. This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority,of Deslgn 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 Styles
4. Interior Ductless 'Mini-Splif AC System Installation Requirements
5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
ExhibitA-Pro r_N,o_is__e—InsulationAgre—emen-i— """" .................... Page 21 of28 1.111
LEGAL DESCRIPTION OF PROPERTY
Exhibit
To
Homeowner Noise Insulation Agreement
Unit 1 -C, CORAL BAY GARDENS OF KEY WEST BY THE S , a Condominium,
together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book589, Page 370,
s amended from time to time, of the Public Records of Monroe County, Florida.
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Exhibit r Noise hnulation,4greement Page 22 f 2
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)
&hibit C-Property Owner Noise i otio—n'—Agreement PW 23 of28
DEFICIENCY
Exhibit
PropertyTo
r Noise Insulation Ag
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Ekh1bft 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
conceming any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
unction 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 pairs 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
hibit D-Property r Noise Insulation Agreement Page 24 of 2
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 that all of the lease 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
_ shall bindingupon, and inureto the benefit of the undersigned and their respective
heirs, personal rep Wives,,spocesisors and assigns.
WITNESSES: PROPERTY OWNER:
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VENTILATION
Exhibit
T
Propertyr Noise Insulation
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 is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives,tives, 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
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the "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 (EV) unit which
will provide an adequate exchange of inside / outside air to the condominium as
required by building code.
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation ( V) unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
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i it E-Pro r NoW 11muladon Agmement Page 26 of 28
bathroom moisture in a central building exhaust shaft. During the Program design
survey process it was discovered the KVVBTS buildings lack a solid central building
exhaust shaft. Due to this existing condition, these original wall vents (if still sent)
have the potential to provide a pathway for unwanted air, smoke and/or gases into the
condominium 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 KWBTS central building exhaust shafts, they agree to
correct this deficiency by properly exhausting their laundry dryer exhaust in an
alternative method that meats 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
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 r the maintenance and operation of the NIP venting modifications after
completion of the Program Improvements.
7. The undersigned cnole a 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 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 E shall be binding upon and inure to the benefit of the undersigned and their
respective heirs, personal rersntiv , successors and assigns.
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