09/18/2019 Agreement/Easement-C106 �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
r
Heather , Faubert
NIP Assistantj n r Recorded 4t2l/202010:49 AM Pap 1 of 4
THC, Inc. Dead Doc Stmp SO.00
710 Deculai 1
Filed
cl , GA 30019
AVIGATION EASEMENT
Key West international Airport
Noise Insulation Program
EASEMENTTHIS i ante into this " day f �u ' k
", hereinafter referred to as"the Property Owner," lnfavor of
the MONROE COUNTY BOARD OF COUNTYbody politic and
corporate, hereinafter referred to as " ."
RECITALS-
. The Property Owner is the fee simple titleholder to certain realp a ("theProperty")
located in Monroe County, Florida, more particularly described as follows,
Unit No. 10 - , 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, et. seq. and exhibits thereof and the
Condominium Plans and recorded in Graphics Book 1, of the Public Records of Monroe County,
Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C10611
B. The C i the o rand operatorof Key WestInternational Airport("t 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 u h the implementation f a Noise Insulation ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the PropertyOwner's necessary to reduce
interior noise levels at least 5 d13 and to bringthe average interior noise level below
dB in accordance i I Aviation Administration policy. Granting of an Avigation
Easement (" a t") 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 the United Statesvm nt
.pursuant to the Airport and Airway Improvement of 1982, andill include fin
from the BOCC, actingin its capacity the owner and operator of the Airport.
I Uonai A-Irport
NIP-Avi a on s a (Unlit 1_..} 1
E. The Property Owner desires to participate in the NIP and has entered into a Property
Owner Noise Insulation Agreement with the BOM The 's implementation the
NIP will benefit the Property Owner and the Property by providingi i l sound
attenuation construction on all eligible residential structures on the property necessary
to achieveion in DNL indoor noise levels of at least 5 dB andbring the average
interior noise level below 45 dB in accordanceit e I Aviation Administration
policy.
The Property Owner fully understands that the NIP eligibilitycould change at soime future
time, but is currently on the 2013 Existing ConditionofExposure Map
acceptedthe I Aviation Administration ("t ") on December 19, 2013.
G. The NIP will be administeredin accordancei the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the o f this' Easement nt to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
for and in consideration of the improvements to be made to the Subject
Property through the N I ,the receipt and adequacy f which is hereby acknowledgedof
parties, and in consideration andincorporation into this Avigation Easement of the recitals
t forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property r and its heirs, assigns and all
successorsIn interest, does hereby grant, bargain, sell and conveyto the BOCC, its
successors i perpetual avigation easement over the property. The use
of the Easementshall include the right to generate and emit noise and to cause other
effectss may be associatedi the operation i over or in the vicinity of the
property. This Easement shall apply to all such aircraft activityt the Airport, present or
future, in whateVer fbrm or type, during operation , 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 purviewthis 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 nsuccessors
in interes , o release n any all I i o the ,
including but not limited to BOCC members, officers, servants,
employees and lessees, II claims, demands, damages, debts, liablifties,
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 ve, have In the past possessed,
r will in the future possess, ul of Airport operations r aircraft activities and
noise levels reIt r generated by Airport activity, or may hereafter have as a result
of use of this Easement, including not limited to damage tot above-mentioned
property or contiguous property due to noise, and other effects of the operation of the
_Key e�West International Airport NIP-Avlgation Easement(Unit#C100) _. Page 2 of 4
Airport or of aircraftlanding r taking t the Airport.
. This l cludes and reservesto the r and to the
Property Owner's i ssi ns and successors in interest, claims, n ,
debts, liabilities, c ' or rt's fee, or causes of action for
physical damage or personal injury caused by any aircraftr part of any aircraft using
the Easement that does identifiable phys! I damage to the property or injury to a person
n the property by cominginto direct physical contact withthe property or the
the property.
5. Should either party heretor any of their successors or assigns in interest retain
counsel to enforce anythe provisions hereint protect its interest in any matter
arising under this Agreement, or to recover damages by reason of anyII ch o
any provision of thist, the prevailingII be entitledto all costs,
damagesn expenses incurred including, but not limited t , y's fees and costs
incurred in connection therewith, including appellate action.
vision of this Agreement is to be interpreted for or against anyu h t
party r that parlys legal representative drafted such vision. This n shall be
interpreted and construedaccording to the laws of the StateFlorida.
, No breachn 'sion of this Agreement may be waivedunless in writing. Waiver of
y one breachof any provision of this II not be deemed to be a waiver
of any other breach of the same or any other provision of this Agreement. This Agreement
may be amended only by written instrument executed by the partiesin interest at the
time the modification. In the event that one or morecondition r
provision contained hereinis held invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severablefrom the remainder of this Agreement
and shall in no way affect, impair or invalidate any other provision hereof so long s the
remaining provisions do not materially alter the rights andobligations of the parties. I
such condition, covenant or other provision shall be deemedInvalid u to thisr
such covenant, condition or other provision shall be deemed validto the extent
f the scope or breadth permittedlaw.
8. In the event the AirportII be subdividedinto more than one parcel,or the Airport or
portion thereof becomes subjectto operation, managementor administration
in addition to or in lieu of the then and in that event the parties agree that same
shall not terminate or otherwise affect ihis Agreement so long as a portion of the Airport
continues to operate for standard airportflight u o s, and that any such successor
in interest to the shall be entitledII of the benefits running
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsible for
II costs of maintainingn tin in materials and equipment
installed in the Property by or on behalfof the BOCC.
K W- International Airport NIP—Avl ,,,,._aKr Easement(Unit m.10 ) � Page 3 of 4
This Easement Agreement is executeds of thefirst above .
PERTY 9WNER: PROPERTY OWNER:
_.
Signature
Printed Name Printed Name
—
Ian
STATE ..n.... !
COUNT Of O The 4
t
foregoing instrument acknoy0edged before me thisM?HIsHI HI HI HI p „ M i
by
r
Property Owner Name(s)
! � ,. L 6F a � ` y l ion i, ,
�w2ry Pu lie I � Z
.._ __.._--...�.._..... .....:,. ..... _.......__...... ..:::----... .. .._��__...__ .._ . ........_...______... ........
OE U O OF CO COMMISSION
E Se
MAYOR:
y� e
1
Signature
i nt a .
Printed Name
Primed Nme
Signature
i
ref
t`
,o
Printed Name t ;
f4 ��
STATE OF FLORIDA � "
COUNTY OF MONROE
i The foregoing Instrument was acknovAedged before a this day of
,2
by
Mayoras of the Monroe CountyCounty o mission , a body politic and corporate.
` Notary Public Signature
My Commission Expires:
b
0 Y' y
KeyWest Intemadonal Airport NIP-A%Igadon Easement(unit 1 ) O e 4 of a
t ` N
Dale
Addms: Kev West bv the Sea
Unit No.: C106
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNA71ONAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION T (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County'),
and the undersignedg (the "Prop r").
! T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of' y West, County of Monroe,'State of Florida,
and more particularly described on Exhibit attached hereto (the "Property"), and
WHEREAS, the County is the owner and operator of the Key West
Intemational 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 for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuveiring about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key
Intemational Airport's Noise Insulation 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 rticul dy described on _Exhibit Q attached
hereto (the 013rogram Improvements"); said Program Improvements to be paid for by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the ; and
WHEREAS, the County ill enter into a construction contract with
general contractor (the 'Contractor") vide the installation of the Program
Improvements; and
WHEREAS, the is managedby the consultant team consisting o
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 providedin;
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
Owner Noise Imulation Agreement Page 12
sufficiency of whichck I , the Property Owner and the County
hereby agree as follows:
1. Grant of WEasement. Simultaneously withthe execution of this
Agreement, the Propertyr executed anddelivered the County an avigation
easement (the K e n ) which Easement has been recorded in the public records
of Monroe County, Florida. The Easementins in full force and effecti
hereby tiff in all respects.
2. Program Po lic Consistent it for
Federal Aviation Administrationi Improvement liies and procedures,
the ProgramManager has developedseries licy Statements outlining
construction and eligibilitytri ions. The Property Owner understands that
prescribed Improvements ill be consistentwith the Program Policy
Statementsvi to the Property Owner by the Program Manager. A copy of the
Program-Policy Statements is attachedto as.Exhibit A.
3. Payment of Program. Improvements. t to pay for
the Program Improvements ri in Exhibit Q attachedhereto. The Program
Improvements ill be approvedthe Property Owner and County, n y the
Manager,Program and performedthe Contractor.
. Impeding eFiitive Bid Process. The Property Owner shall not
impede or lnte ith the Contractor's ability to selectapproved
manufacturerssubcontractors in the preparation of bidsubmittals. To insure
competitive i nvi n , the Property Owner is prohibitedhaving
discussion or communication withthe Contractor in relation to the Program, the
contractor's bid, or this Agreement until after award of the construction contract
Failure r to comply with this provision shall, at the option
of the Countyin its solediscretion, ult in disqualification from the Program and
cancellation i t.
5. Construction Contract. The County will award thecontract r the
Program Improvements consistent i I and Countycompetitive bidding oliis
procedures.and The contract will require the Contractor to completethe Program
Improvements 'thin a time defined by the r.
6. - & Post-Construction__Res . The Property Owner shall
meet II responsibilities andrequirements iniu to both pre-construction and post-
construction:
a. Prior to the of NIPconstruction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, .)from their condominium;
( ) Moving of all furniture Ion ins into the "Designated
Storagewithin the condominium, providing the required mclear " (white
r Noise Insulation Agmemente 2 of 2
space in sketch) for the r. When doing s , the Property Owner will have the
ability to utilizethe It "floor to ceiling" space.
( ) Removing of all excessive furniture belongings from the
'condominium that ill not fit in t "Designated t ";
( ) Removing all window and door treatments (such as blinds,
plantation shutters, .) storingthe i h "Designated Storage
Area";
( ) Removing all electronic andu t- itiv items from their
condominium r wrapping with protective i storing them in thesin t
Storage Space ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, .) and storing in the "Designated Sto ";
( ) Moving all small items and belongingsinto either the closetsr
bathroomss outlined in the "Designated "
Afterb. completion of the NIPconstruction, the Propertyr shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture n Ion ins stored in the
"Designated t " back to their original positions in the condominium:
( ) Moving of any excessive itu belongings back into
the condominium;
( ) Re-installation of all wallt ts, door treatments and
II hangings back to their original positions in the condominium.
c. In the event the Propertyr falls to perform any and all of the
abovePro-Construction responsibilities, the Property Owner shall be removedI
participation and the Property Owner shall be liable t for Contractor for
any andII resulting damages and all direct and indirect s related thereto.
d. In theevent the Property Owner falls to perform any and all of the
above t- ns ion responsibilities, the Property Owner shall be liable to the
Countyand/or Contractor for any and all resulting damages and all direct and indirect
costs related .
. Impeding ,uctlon. Once construction of the Program
Improvements begins, the r shallnot impede construction or alter
construction schedules. In addition, the r shall prevent any and all
tenants that may occupy the Property duringthe construction of the
Improvements from impeding cosr ion or altering construction schedules. In the
eventthe Property Owner or any tenant occupyingthe Property impedes ion or
Pnopeny Owner Noise Imuladon Agreement Page 3 ,f 28
alters the construction schedule, the Property Owner shall be liable o the Contractor
and the Countyfor any damages and all direct and indirect costs relatedthereto.
8. Safe rl � Environment.xr ... r shallresponsible
r providing i nvi n n for t r, Contractor,
subcontractors, suppliers, City, County, Statefederal inspectors.
Throughouta. II phases of designion of the Program
Improvements, rt r shall be responsibler:
(1) Providing a workingenvironment that is free from potential
health risks, blohazard conditions, u i Is, obstacles, of any
kin for explosives;
( ) Refraining from verbal abuse or profanity;
( ) Refraining from aggressivephysicalcontact;
( ) Insuring that all pets are completelycontained.
b. In the event the r falls the foregoing
conditions, c u ' discretion, be temporarily
suspended at any time. In such event, the Program Manager shall notify
Owner in writing, tin the corrective action(s) and/or condition(s ) required to be
completed or performed by the Property Owner prior to the Countyin
process.Program
c. In the event the Program process is not resumed due
Property Owner's failure I r iv action(s ) for condition(s)
requiredr, the Property Owner shall be liable aunty
and/or Contractor for any and all damages and all direct and indirect I
thereto.
d. If the is resumed, t r shall be
liable t for Contractor for any and all damages andII direct and indirect
costs related to or caused by the temporary suspensiono the process.
9. Construction Delays. During the construction period, the Contractor
may experience unforeseen complications relating to the installation of the Program
Improvements. ion contract shall provide that delaysrelated to these
unforeseen complications are beyondh nt I of the Contractor and shall be excused
so that the time for completion may reasonablyConstruction schedules
may also be revisedh is a delayin awarding of the contract or
Improvements have to be re-bld in the eventlack of biddingfor failure
of the lowest responsive, responsible bidder to executeprovide t
and performance bond or show proof of requiredinsurance.
10. Changes to Scopeof Work. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
�........_._ _ . - _ ..... ... ... .........
OwnerPmpeny o` e T doAgreement Page 4 of 28
sole discretion, at any time during the Program process, providedsuch changes not
reduce the scope or quality of the Program Improvements c in Exhibit
such changes are necessitateddiscovery of hiddenconditions not readily
detectable ri 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 i if they were completedpursuant to,the terms of the
contract. The Program Manager retains sole discretionauthority on program
conforrnance andissues they relate to the Contractor, subcontractors,
suppliers sti designs. The Property Owner is requestedto attendh
Substantial Completion Inspection and provideinput to the Construction Manager with
respectto the identified punch-list items. In addition, the PropertyOwner is welcome
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial I tion and Final Inspections, they releasesurrender their ability t
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the eventthere is a disagreementbetween the Property
Owner and the Program Manager as to a conformance r performance issue, the
OwnerProperty shall be requiredit the discrepancy in writinga County
(representative to be deflned1 ion ) within 7 days of the
inspection giving rise to thediscrepancy. Monroe County shall, then make a
determination as to the acceptabilitythe conformance/performance issue
remedial action that may need to be taken. Monroe CountyII be the final arbiter o
any n 1pe rformanoe/Issues. Failurea n r to submit the
written complaint within the time period specifiedabove shall thereafter foreclose
OwnersProperty right to file such complaint.
1 . Termination of Agreement. The Property Owner understands that
the signing of this'Agreement initiates ofh the BID and CONSTRUCTION
the Program Improvements in accordance 't h .
Therefore, if the Property Owner attempts to terminatei nt or otherwise
impedes the progressthe performance of the Program Improvements r the
of the construction contract, the Property Owner 'll be liable the County for any and
II damages and all direct and indirect caused thereby.
13. Warranties. The Countynot represent or warrant the level of
noiseion that the Property Owner will experience within the Property as a result
of the Program Improvements performed as part of the
a. The County agrees that its contract withthe Contractor will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty periodhall commence as of the time of the acceptance of the
work as providedr in Paragraph 9.
b. t the end.of construction, the Program Manager will provide the
Property Owner with n Final Closeout Package whichill contain copies
the my policies, instructions, design documentslegal documents. As
condition of receivingthe Warranty & Final Closeout Package, the r
NoiseInsulation , t Page 3 oft
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 fbr products used in the construction of the
Program Improvements differ among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and fbr resolution
of all product or construction warranty lssue(s)-
(1) The Property Owners inquiry is not directly related to either
construction warranties or product warranties (such as wind leaning or product
maintenance) regardless of whether the Propefty Owner's inquiry arises during the one-
year warranty period from the Contractor or therea,fter;
(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 Issue% the advertised warranty period 1br the product has
not expired, and the manufacturer is currently conducting its business; and
(4) Tl-w Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
14. Pre-Existing Deficiencies. The Property Owner will be required to
sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all
responsibility and liability to the Property Owner for any and all present Pre-Existing
Deficiencies at the Property, whether seen or unseen,
15. Pro-Work Requirements. The Property Owner will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic modifications. jhq Pro ire co pie
p ty Owner will be requ d to m te al
, _qq
desion ated Pre-Work items ut! a�dlines as
established by the NIP, In the event the Property Owner falls to complete the
designated Pre-Work it by the established NIP deadline, the Property Owner shall
be removed from NIP participation and the Property Owner shall be liable tothe County
and/or Contractor fbr any and all resulting damages and all direct and indiredt costs
related thereto.
16. In
compliance with the City of Key West Fire Mar-shall and the it of Key Weii Building
Department construction permit issuance requirements, the Property Owner will be
required to install 120-volt "hard-wired" smoke alarms in their condominium in
.............
Pmpeny Owner Noise Inmiation Agmement Page 6 of 28
accordance with all applicable codes and regulations by the required deadline as
established by the NIP. Tine Proi erty Owner will be responsible to ensure that the
smoke alarms are not installed in same areas within the condominium where NIP
iii&&K_a_tlon work w-411—occur to avoid an Mal Impedance to the NIP construction
process In the event the Property Owner falls to install the designated "hard-wired"
smoke alarms by the established NIP deadline, the Property Owner shall be removed
from NIP participation.
17. Suspe_qsI The Program process may be
temporarily suspended at any tiro e during the design and/or construction phases upon
the discovery of Deficiencies due to their poteritial impact on the Program
Improvements and product warranties. The Program process will riot resume until the
Property Owner has corrected all related problerns to the satisfaction of the Program
Manager. In the event repairs are not completed in a timely manner, the Prop"
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay' and/or stoppages of the work.
18. Limitation an Alterations to tssr-he_ProDerf The Prop" Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existing windows, door's and/or walls from the time of
the Design process until the construction of the Program Improvements have been
completed. Exceptions to this rule must be pre-approved in writing by the Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an Immediate suspension of the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect costs associated with unapproved alterations and
damages related thereto.
19. Pre arid Post-Construction Noise Testina Process, . Pre- & post-
construction noise testing is a very important Program procesi--bi—at' 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 of
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 property (with the exception of
repairs of Deficiencies) from the time of the pre-construction noise -test to the L)o
,construction noise test. In an e brt to insure consistent noise data collection, the
Owner also agrees to preserve the interior layout of furniture, floor coveirings
and window treatments from the time of the pre-construction noise test to the po
construction noise test. The Property d7w7nd—runderstands that the failure t,o adhere to
this requirement may result in corruption of the noise testing data. Therefbre, the
Property Owner understands they may be liable to the County for any direct and indirect
noise testing costs in the event these requirements are not met.
20. Cooperation. As reasonably requested, the Property Owner shall
cooperate with the Contractor, the Program Manager arid 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 fumiture as necessary.
..................
P�vperty O"er Noise Amlation Agmem&U Page 7 of 28
1. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
ter necessary to carry out the Program Improvements.
22. Design and Bid„vmProcess Access. At scheduled times and/or upon
not less than twenty-four (2 ) hours v tic (Wa NIPit andlor letter), the
Propertyr agrees to provideto ther n r, Contractor, subcontractors,
suppliers, ity, County, State and federal inspectors and consultants access to the
Property to collectdevelop all final design andi cuen . These visits could
include, but not be limited t , property survey, i u trial
ins ion, - i a testing and pre-bidvisit. In the eventthe Property Owner falls
provide access to the Propertyfor all required NIPsin and Bidc visits, the
Property Owner shall be removedfrom NIPparticipation.
23. Pre-Construction s. The Property Owner agrees to provide
access to the Property forty-eight ( ) hours prior to the scheduled I
construction. This short Visit will provide the Program Manager with the abilityensure
that the Property Owner has met all furniture storage responsibilities. Failurecould
cult in the i of the scheduled IP construction and theProperty Owner shall
be liable h out for Contractor for any and all resulting damages and all direct
and indirect s related h to.
24. Pre and Post ConstructionmAccess. At scheduled times and/or
upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter)
and per the established1 n ion schedule sin , the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
State I inspectors and consultantss to the Property to provide
II required NIP - s ion and Post-Construction visits. These visits col
include, but not be limited to final measurement, pre-construction inspections, review of
Designated i s, post construction inspections and post-
construction noise testing. In the eventthe Property Owner falls to provideaccess for all
requiredI t Construction Visits, the Property Owner shall be removed
from NIP participationthe Property Owner shall be liable to the Countyfor
Contractor for any and all resulting damages and all direct and indirect s related
thereto.
25. Construction Period Access. of NIPion
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will include the required number of calendar days to completethe NIP
construction in each the participating iniu s. Based on thisschedule, the
ManagerProgram will assign each Property Owner with a designatednumber of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entiresin time period. I
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period dueto safety concerns and the potential to negatively
impact the Contractor. In theevent the Property Owner falls to provide access for their
assigned construction time period, the Property Owner shall be removedI
Property Owner Noise I 1 off
participation n the Property Owner shall be liable the Countyfor Contractor for
any and all resulting damages and all direct and indirect ts related thereto.
26. Construction PmPeriod _Extension Due to Hurricanes. Since the I
construction period will extend into the Key West hurricane season, there is potential for
construction del /or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricanefor an actual hurricane ev n . Due to this
possibility, the Propertyr understands that delays may occur in additiono their
originally as !gned construction time period, it It or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium for all additional calendar days resultingI st ion work
stoppages due to a hurricanethreat or event at no cost to the County, Contractor for
Program Manager. In the eventthe Property Owner falls to providethe required
additional access to their condominium dueto hurrlcane-relatedstoppages, the
OwnerProperty shall be removedI rtii tion and the Property Owner shall
be liable the County and/or Contractor for any and all resulting damages and'all direct
and indirect ts related thereto.
27. _1131scovery o - isti yt fici nci Duringion. I the
event the Contractor discovers pre-existingii nci s at the Property duringthe NIP
construction process that negatively impact theinstallation of the NIP improvements,
the r agrees to immediately it and remedlate such deficiencies in an
effort to reduce any negative impact on the scheduled t ion period. The
Owner understands that, dependingn the timing the pre-existing fii y repair,
the NIP construction period may need to be extended, fault of the Program
Manager or Contractor.
28. Impact of UnforeseenBuilding Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
may arise during the NIPconstruction may havethe of nti I to increase the original
scheduled do construction, which is not the fault of the r nor
Contractor. The Property Owner needs to plan for the aworst-case" possibility that the
odginally-scheduled construction completion dateI iio I days
due to unforeseen building ndiions that may arlse and complicate the NIP
construction.
itiWindowm.la Door Treatments, Shades andBlinds. The
Property Owner understands that, after the installation of now NI tiwindow
doors, the existingi for door treatments, shades and blinds may not be
compatible nor able t re-Installed i differences the new and
existing i o .
30. Existit —Crown_ Molding. During the installation of the new
acoustic windows ando hie NIPill be providingnew "s replacement
interior trim n ills. The Property Owner understandsI I e trim
will not match custom and/or specialized crown mof i s and/or'custom window
and door trim. After the completionthe NIPProperty Owner will
have the abilityto make modificationsto the NIP interior trim t theiron expense.
�_ _......... . . ...... .®
Pwpeny Owner Noise ImulationAgreement Page 9 of 28
. 31. Communication Requirements'. The Prnperty Owner agrees to
read and review ll NIP emaHsand/or letters In a tlm �y fashion ibeing
providedthe NIP to ensure scheduleconformance. In the event the Property Owner
f l this requirement, it could result in removal from NIP participation.
Title a min ti . The Program Manager has obtalnedor will
obtain, at its sole mn an "Abstract of "ult to ensure that the
title is from Hens and/or title defects.
33. CooppnLtion in Clearing J[ti Prior to the commencement of
construction of the Program Improvements, the Property Owner shWl cooperate with the
County in correct title defects affectingthe Property which are disclosed
y the "Abstract Title" and in the sole determination of the Countymay t
invalidate the Easement, and (I!) cup the written consent of any and all mortgage
holders to the Property Owners conveyance of the Easement to the County if the
County deterftnes that it is necessary or desirable to do so (collectively, t "Title
Matters"). If, prior to the commencement of construction of the ProgramImprovements,
the County, in Its ii mr tiomn, determines that the Title Matters affectingthe Property
may Invalidate the Easement,t, this Agreement shaH be null and voKand the Easement
shall be terminated.
34. Federal
As required by the Federal Aviation
Administration, t r agrees to the followingi s mn :
. The Property Owner shaH subject the construct[on work on the
project to such inspection n during the construction of the Program
Improvement mpletion of the Program Improvements
be requested y the ProgramManager nCounty,
b. After final completion of the Program Improvements, the Property
Owner shaH assume the responsibilityfor maintenance amn a tub mn of the items
installed, purchased or constructed under this mr mnt. Neither the Federal Aviation
Adrnunlstmbon nor the County n ul i u r maintenance amm ti me of
these items.
35. Reduction of Fresh AirInf It ti n. T Property r ill
requiredt mI u f --- (Ventilation '- W Agreement) hip putall
responsibilityto the Owner for the proper maintenance of interior moisture amn
humidity levels.
36. ,Salvage of Materials�. EgytMent. If the m deskes
to retainf the tens u i mr nt removed from the It of the
Program Improvements, the Property Owner shall arrangefor the salvage of said
materials u i t directly with the Contractor at the Owner's risk
and mn . The County assumes no ibil ty for the conditlonf the material,
1,
equipment or surrounding surfaces as a result of the owner-requested salvage. The
Property Owner and the Contractor shaH, pdor to the commencement of construction,
agree upon and execute a document Hsflng those items to be salvaged. In the absence
_._ ..m __._ _._ �. ....... _ .... ..........
Propeny Owner Noiselatio e 1
of such a writtenagreement, all items shall become the property of the Contractor.
Materials i t not listed forsalvage by the Propertyr shall become the
property of the Contractor.
37. Property. Insurance. Duringconstruction period, the
Contractor will provide builder'srisk insurance r the Property. The Property Owner
shall have the option, at the Property Owner'sof t and expense, to maintain
homeowners insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, oll i final completion, the
Contractor's builder's risk insurance will cease, it is advisabler the Property
Owner to obtain insurance to cover any value the Property by the Program.
38. Ti ink 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 r also understands that
the construction may involve substantial inconvenience nd could generate significant
quantities t and debris rendering portions of the Property uninhabitabler
extended periods of time.
39. Labor and Material Release. The Property Owner releases
forever discharges any and all claims, uits and actions against the Program Manager-,
the County and its officers, employees, agents, consultants; and contractors and
suppliers ith respect to issues I tin to the of labor, materials and
acoustic designs utilizedin the Program Improvements. ohi in this paragraph shall
limit the rr i s for materials and workmanship containedin thet it the
general contractor.
40. Sale�Property., In the event the Property Owner sells, conveys or
otherwise transfers it to the Property before the completion of all phases
Program process, the Property Owner hereby agrees to provideh r with
of this Agreement prior to the closing on the sale, conveyance or other transfer, and t
transfer all of the Property Owners responsibilitiesobligations under this
Agreement to the buyer as a conditionof the purchase, v r other transfer of
the
1. Waiver. No waiver of, acquiescencei , or consent to any breach of
any term, covenant or condition hereof shall be construed , or constitute, ,
acquiescence i , or consent to any other, further or succeeding s or
y other term, covenant or condition hereof.
42. Release of Easement. In the event that this i
cancelled r the Countydetermines the Easementshould be released ,
the Property Owner, upon written request by the County, shall pay to the County
sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation
recordingof the Release of Easement document in the public records of Monroe
Florida. r understands that it is the PropertyOwner's
responsibility tinsure such payment is made in order t "clear" h itl o the .
Owner Noise Insulation Agreement Page 11 d 2
43. Authojty to Execute On Behalf Of Count . By Resolution No. 111-
L004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full
authodty for the County Administrator to execute 0 T19—Agr6em—enton—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 ference.
a. Exhibit A: Program Policy Statements.
b. Exhibit B: Legal Description of Property
c. Exhibit C: Program Improvements.
d. Exhibit D: Deficiency Hold Harmless Agreement
e. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. go X inji-aw, Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be govemed 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
proceedI ng 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, Flodda.
(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 pill 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 en1bivement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of i th
'Cvil Procedure and usual and customary procedures required by e
circuit court of Monroe County.
b. ink ink Effect. The ten'ns, covenants, conditions, and pmvislons of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successor's, and assigns.
Property Owner is Imulation Agreement Page 12 of28
c. Severability- If anyterm, 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
ten,ns, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining terrn, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terTns, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. AglLority. Each party represents and Warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by I .
a. Duration Of Agreement. This Agredment 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 peflod reasonably required to effect the
Program Improvements (the "Term"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. AqpepAnce gf Gifts ants
1 ar _ , Assistance Eignogi, 2r Bequests. The
County and Property Owner agree that each shall be, and is, empowered to accept fbr
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 fbr Federal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission.
h. A0judication of Q1§Uy1Le§ gr 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 th dles.
If the issue or, Issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law,
1. Nondiscrimination. The County and Property Owner agree that
there will be'no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to-nondiscrimination. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin, (2) Section 504 of the Rehabilitation Act of 1973,
as amended (20 U3.C. s. 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
...........__——------- ..............
.................
Propepo Owner Noise Insulation Agmement Page 13 of28..
proWbits discrimination on the i i The Abuse Office Treatment
Act f .Lw , as amended, relating to nonftcnm1naUon on the sip of
drug abuse, The r un i l holi Prevention,
Treatment and Rehabilitation Act of W t , as amended, Wating t
nondiscrimination the f alcoh r alcoholism; The Public lbli It
Service Act of 1912, ss. 523 andU.S.C. - mn - amended,
relating to confidentialityuse patient ; (TAmericans
With i Ibiliti f . . 1201 of may mn from time t
time, relating to no ndiscdmM tI on the f Iblilt ; Florida Civil Rights
Act f (Chapter 760, Florida Statutes, and Section509.092, Florlds Statutes),
may from firne to time, relating to nondiscrimination, (9) The Monroe
County Human Rights Ordinance (Chapter 1314, u i I iii Sections 1 _t t through
-t g as may be amended from time to time, relating to nondlscdrnftt1on; t
any other nondiscrimination proAslons in any federal tut r local
ordinances Ilich may apply to the parties , or the subject tt , this Agreement.
. _. ,, . In the event m °miit tip r I I prod i is
instituted. i f either party relatingto the formation, execution, performance, or
breach f this Agreement, the n mnd Property Owner agree to participate, to the
extent required by the other party, in all pmceadings, hearings, processes, meetings,
and other acUvlfies reWtedto the u t f this Agreement or i i mn of the
services under this Agreement. The County and Property Owner specMeally agree that
no to this Agreement shall be required to enter into any arbitrationproceedings
relatedto thist or any Attachment or Addendum to this Agreement.
k. Books, Records, and Documents. The County and Property Owner
shall maintWn books, records, a �d documentsdirectly rtiun ant to performancer
this nt In accordance with generally accepteduntieprinciples
consistently Ii r to this ant or their authorized representatives
shall have reasonablen firnely access to such records of each other party to this
Agreement for audit purposes duringthe term of the Agreement and for four years
following the termination of this Agreement.
Covenant I Innis The r
I. mn f
covenant that neither presently has any interest, rm II not acquire anyinterest,
which Id conflict in any manner or degree withIts rm inn under r this
Agreement, and that only interest of each is to perform andi rm mtrecited
in this Agreement.
rmn. Code of Ethics. Thet rr that the officers and
employees of the Countyrecognize and ill be required to complyit the standardsf
conduct relatingto pubilcofficers andI Iiun t in Section 112.313,
' I tutes, regarding, but not limited to, sollcitatlon or acceptance ofdoing
business ith one's agency; unauthorized m inn ti i mlsuse of public position,
conflicting employment or contractual relationship; ainn i I r use f certain
information.
...... ........ .__— __
Noise hmiation Areement Pap 1
Ici n/P . ,meat.. The n u� u rwarrant
that, in itself,, uI neither employed nor retained any company or person,
other than a bona fide employee workingsolely for i , to solicit or secure this an
and t it has not paid or agreedperson, company, corporation, individual,
r firm, other than a bona fide employee workingl for it, any fee, commission,
gift, or other consideration contingentupon or resulbng from the award or
making of this Agreement. For time breach or violation of this provision, the Property
Owner agrees that the unshall have the right to terminatethis emend without
liability its dascretlon, to offset from mnm , or otherwise recover, the full
amount nt such fee, commission, percentage, guft, or consideration.
. PuNic Access, The County andOwner shWl allowand
permitreasonable w inspection l ur t , papers, , r other
materials subject to the pr'Wslons of Chapter 119, Florida Statutes, r
received by the County and Property Owner in nju n i n with this r mm ; and the
County ]i have the right to unMteraHycancel this mrdn n Vlotation of this
provision rw Public Records Compliance. Property r must
comply with Florida public , including but not limited r 119, Florid
StatLrtes and Section 24 of articleI of the Constitubon of Florida. The County and
Property Owner sha]i allow andpermit reasonable access to, and inspection , all
documents, records, papers, letters or other ' lip record" materials in its possession
r iunder its controlr 119, Florida Statutes, and made
r received by the Countyand r in rmjunction with this contract and
retated to oontract performance. The County shaJi have the right to unHateraHy cancel
this Pun Violationthis provWon by the Property Owner. Faflurd of the
OwnerProperty to abideby f this vise Wi be deemed a matedal
breach of this contractd the un may ors this provision in the
form m and H, as a prevailing , be mnti led to reimbursemen
of all attorney's fees and costs associated with that proceeding. This provWon shaH
survive any terminationr expkation of the contract.
The Property Owner is ul with its adv[sors about
Florida PublicLaw in order to complywith this m i un.
Pursuant conditions this
contract, the Property Owner required to:
1 makitain public records that wouldu the
County service.
receipt from the County's, du records, provide the
copiedCounty with a copy of the requested records or allow the records to be inspected or
' in a reasonableu not r id in this,
chapter or as otherwisei law.
Ensure that public records that are exempt or confldential and
exempt from public � losure requirementsnot disclosed
_.....
Propem Omer
Noise.1mulation Agmement Page 15 of 28
authorized law for the duration f the contractterm and followingcompletion the
contractthe r does not transfer the records to the County.
! t!on of the contract, t r, at no cost, t the
Countyll public records in possessionthe r or keep and maintain
l!c records that would be requiredby the County to performthe I . If the
OwnerProperty transfers Il public records to the upon completion of the
contract, the Property Owner shall destroy anylip !! that are exempt
r confidential and exempt from publicdisclosure lw t . if the
Owner keeps and maintainsl Itl of the tr , the
OwnerProperty shall meet all applicable requirementsr retaining publicAll
records storedI I ll t be providedto the County, upon request from the
custodianf records, in a fbrmat, that is compatiblewith t .lnf n tl n
technology syst f the County.
to inspect or copy publicrelating to a County
contractt be made directlyto the t If the our t possess the
requested , the !! immediately notl the r of the
request, and the Property Owner must providethe records to the County or allow the
records to be inspected or copied withinl tl
If the Property Owner has questionsI the applicationf
Chapter119, Florida Statutes, to the Pmpertyto providelip records
relating to this t , contact the ! of'Public , Brian Bradleyt
p. Non-Waiver of Irnrnu0jtL Notwithstandingthe provisionsf
768.28, Florida t tut , the participation the Property Owner in this
Agreement and the acquisitionf any commercial liability insurance coverage, self-
insurance coverage, or local government liability Insurance I coverage shall not be
deemed a waiver of immunity the to the extent of liability !l
any contract entered into the be ! to containany I I for waiver.
q. Privile andImmunities. ll of the privilegesImmunities
liability; exempti from I l any , and rules; ! li f, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or empl f the , when performingtheir respective functions
under this e nt within the territorial limits of the County shall apply tothe same
degreet to the performance of such functions tl f such officers,
agents, volunteers, or employees outsidethe terdtodal limits f the County.
r® Iggal ObricLations 'Non-DeiNation of
Constitutional or Stat Duties. Thist is not intended t , nor shall It be
construed , relieving any participatingentity obligation r responsibility
imposed upon the entitylaw except to the extent of actual and timely
thereof by any other participating entity, In which case the
in tl f the obligation llil! Further, this t is not intended
t , nor shall It be construed , authorizing the delegation f the constitutional or
statutory dtl f the County, except to the extent permitted by the Floridaconstitution,
NoiseIto .......... ..eW Page 16 of 28
state statutes, law, and, specifically, the provisions of Chapters125 and ,
Florida .
. Non-Reliance,s. by Non-Parties. No person or entity shall be entitled
to rely upon theterms, or any of them, of this Agreement to enforce or attempt to
enforcethird-party third-party claim or entitlement to or benefit of any servicer program
contemplated under, and the County n r agree that neither the
County nor Property Owner or any agent, officer, or employee of eachall have the
authority o inform, counsel, or otherwise indicate that any particular individual or group
f individuals, ntit r entities, have entitlementsr benefits under this n
separate and apart, inferior , - r superior to the community in general or for the
purposes n I t in this Agreement.
t. Aftestations. The Property Owner agrees to execute such
documents as the County may reasonably require in the performance of the obligations
dutiesand the Countyr Property Owner under this Agreement.
I Liablilt . No covenant or agreement containedherein
shall be deemed to be a covenantr agreement of anymember, officer, n r
employee of Monroe County in his r her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable lly on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
v. Execution in Counterparts. This Agreement may be executedi
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one andsame instrument and anyof the parties
heretocut this Agreement by signing ny such counterpart.
w. Section Headinus. 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 ' ion of this .
Propeny Owner Noise Insulation Agreement Page 17 of 1
IN WITNESS , the Property Owner and the County have
executed this Agreement as of the day and year first above ri n.
............._ ..._ _._. .. ........ _... ........
i
WITNESSES: :
R I
- _.�. .• _ �_ ,G f
Sigr�atureh `�
Signa� r
� � 4
Printed Name ,__
Printed Name
i3...n
re
i.iiName
9
_A,
atu
._........ ------
WITNESSES: PROPERTY OWNER:
signature _ _
�b
I n lure
Printed Nama r a
Printed
Signature
Date ._.
Pdnted Name
s i
."MONROE bOUNTY BOARD OF COUNTY COMMISSIONERS:
eat MAYOR 1 AI
e t:-�•.
VI LERK SLYVIA
&.s DeputyiSigniture
t
''POE MUM
..... �..x QED
Insulation
�att , ✓ @ 1 Of Z
Noise
Propeny Owner
-,.���.��--,,mom
F T � � �� .7"
T7 �L � FINE'
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air Conditioning: • While pmviding1 "mink
splIt7 AC system to your condominiumi Insulation
modifications, ll ing limitations and rest ` i ill apply to allcondominiums:
1® All condensingwill be installed on the balcony
2. All refrigerant linesl l its will be installed
consistentipolicy a maintaining a maximumI f 48
inches.
3. I condensate lineswill be installed itding exterior consistent with
Board policy to ensure the highest level of consistencybuilding
architectural
All interior AC lines t, condensate, electrical) and Energy Recovery
Ventilator ill be housed in now vertical wall and comer pilasterswhich
will t to match the qualityf existing walls. The number and locations
of the now vertical l and comer pilasters will differ dependingr unique
condominium r plan and number of bedrooms. The NIPit it
review this Information it r NIP Designi ti .
Only electrical service panelsdetermined r to be
deficientell be replacedf the Noise Insulation
modifications.
B. _Window _Sill Replacement. Due to the presence of asbestos, the NIPwill provide
customnew ill instead i i
to thisi ! existing t ill (marble, granite, 'll not be replaced.
This revisionill be an improvement, while decreasingI improVing
time efficiencies.
MoldingCustom Crown Restrictions
The new asbestos• abatement requirements will restrict the abilityto remove existing
customprior to 1 originally , which will not
allowI t time for the awarded general contractor to secure custommatched
replacement mm. Therefore, existingmoldings, l! trim, and base,, the
contractor i 1, instead, cut the existingtrim the now pilaster or
thru wall ac-Infill. At new pilasterlocations , if the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard -1 it trim t
abut the existing t ° ther than attempting to matchthe existingt trim profiles
and materials. the completionf the NIPconstruction, the r will
w- . . _. ....... . ........
ExhibitOwner Noise Insulationnt Page 19 of 2
have the option to replace the installed trim i other custom trim to match the existing
materials and profiles.
D. r Threshold Heighstringent Florida hurricane impact andter
Infiltration building , all new aluminumacoustical prime entryswinging doors and
sliding lass patio doors will have thiresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds designed t
provide optimum protection to the interior of a condominiumfrom water Infiltration durin
hurricane.
E. KWBTS Asbestos Testing
s required by state I requirements, THC conducted asbestos testing on all
participating condominiums in Buildings A, B and C duringthe ve b r 2017
to April 2018 time period. This testing included collectingto 9 samples t each
condominium to include gypsum board joint window lain rior
window door caulking. In addition, random exterior stucco samples were collected
on both t al and "courtyard 1 balcony" building elevations.
Depending the laboratory analysis of these samples, the presence of asbestos
containing t ri i ( ) 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 requiredfor installation of the ductless AC,
II cuts required for the installation of the ductless AC,
construction of vertical wall pilasters requiredr installation of the ductless
AC system V ducts,
construction of closet soffit for installation of the ERV.
F. Asbestos Abatement Requirements
In the event any samplesshow presence of asbestoscontaining material (ACM), the
awarded NIP contractor will be requiredto perform the following abatement
requirements during construction:
I s N„m Ries show a_p_resence of A1°!®
The NIP contractor will be required to complyit r r safety requirements to
include r 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 Insulatione
If samples show a presence of ACM >1%
The NIP contractor YWII be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency(EPA)to include:
® Construction of ACM containment barrier's in all areas (walls, ceilings, closets,
windows1doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting from demolition process) 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.
presence of ACM will have. a significant impact on the NIP construction
process, lengthening the construction porlod and Increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
YIII 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.
14. KWBTS BOARD Authority of Design Declsions. The KWBTS Board will have the
Authority to make several of the Program design decisions to include:
f® Acoustical Window and Door Material
® Acoustical Window and Door Color and Hardware Finishes
® Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-Split" AC System Installation Requirements
® Interior Ductless "Mini-Split' AC System Interior it Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
-........... ..................
Exhibis A-Propeny Owner Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit
To
Homeowner Noise Insulation Agreement
It . g CORAL BAY GARDENS OF KEY WEST BY THE $
condominium, together withundivided interest in the common elements, according
Declarationthe ii f, recorded in Official Records Book 589, Page
370, 6 seq. and exhibitsf and the Condominiumi in Graphics
f the PublicFlorida.
........ _ _ - _.....
Exhibit B- Noise lati n 4reement Page 22 of2
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)
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Exhibit C-Property Owner Noise Insulation Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Pmgrarn for the Program Impmvements to be made to the Property
descdbod in the Agreement of even date her ewlth (the "Agreemenr) between the County
and Property Owner and to which this ExhlbN Q is attached, the undersigned,'Ibr and on
behalf of the undersigned and the helm, personal representatives, successors, and
assigns oft undersigned, forever releases, rernises, discharges, indemnities and
covenants not to sue, institute clalms against, or ire stRute 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 injudes 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 represerdatives, successors and assigns in
connection Wth any and all Pro-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractor's to be
legally liable.
2. The Property Owner understands and assumes full responsibift for the
Deficiencies presentint , whether Visible to the Pmgram Manager or unseen.
3. The Property r® understarids 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 Improvernerits.
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 obseived Deficiencies as either"Minoro or"Severe".
5. The Property r® assumes full responsibility for the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified duting the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the'acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to complete
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Exhibit D-Property Owner Noise Insulation Agreement Page 24 of 28
repairsnecessary to the Property, to the acceptancethe Program Manager t
minimize y delay or stoppages of work.
7. The undersigned acknowledge and agree that all of the release and hold
harmless and indemnity provisionsin Paragraph1 of this Exhibit l
damage,property injuries, , or damages arisingthe Deficienciesfor all
negative impacts that later result after the additionImprovements. The
provisions of this Exhibit shall survive the termination or expiration the Property
Owner Noise Insulation Agreement.
8. The undersignedthat s and provisionsthisExhibit
_ II binding n, i tot n t i it iv=
i l representatives, successors and assigns.
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&hibit D-Property Owner NoiseInsulation Agreemen 25 of 2
"VENTILATION
Exhibit
NoiseTo
Property Owner
1. In partial consideration of the compensation to be paidhalf of the
Countyr the Program Improvements to be madethe Property
described in the Agreement of even date herewfth ( h ) between the County
and Property Owner and to which this Exhibft _E is attached, the undersigned, for and on
half of the undersigned and the heirs,, I representatives, successors, and
assigns f the undersigned, forever releases, remises, discharges, indemnifies
covenants not to sue, institute claims against, or institute c inagainst, the
County, or any of its agents, officers, l consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action o
whatsoever kind and nature on account of bodily injuries r death, damage to the
property and the consequencesthereof, and any of thei hich may accrueto
the undersigned or their respective heirs, personal representatives, successors
assigns in connection with any and all Ventilation cie ci (the "Deficiencies") against
said Countyr any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
. The Program Improvements may include the addition of acoustical
windows and doors, removal and infillin f "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split' air conditioning system. Because
these modifications ill result in a tighter interior environment li i tion of
1l passive inside / outside air leakage that was naturally occurring in all openings, the
Program ill also include the addition of a energy recoveryventilation ( V) unit which
ill provide an adequate exchange f inside / oftide air to the condominium
requiredby building .
3. Given the tightened interior environment of the treated condominium, the
OwnerProperty agrees to assumefull responsibility for the proper operation of the new
Program ductless system nergy recovery ventilation ( ) unit to avoidthe
potential for mold and moistureproblems, especially duringperiods hen the
condominium is closed i it .
4. Due to FAA eligibilitylimitations, the Program will not be providing
bathroom a treatments. in h tubsand/or showers are a source of
moisture tin in the i t dor environment of a condominium, the Property Owner
agrees to assumefull responsibility for ensuring that.a ll'bath rooms haveoperable
bathroomexhaust fan capable rly exhausting bathroomit to the exterior
of the building. It should also be noted that the original KWBTS condominiums
constructedit small wall vent that was designed to allowthe passive exhaust of
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Exhibit E-Property Owner Noise Insulation Agreement Page 26 of2
bathroomi in a central building exhaustshaft. Duringthe Program design
survey process it was discoveredthe KWBTS buildingslack a solid central building
exhaust shaft. Due to this existing condition, these original wall vents (If still t)
have the potential to provide a pathwayfor unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assumefull responsibility for the
sealing of original wall vents in all bathrooms and for any and all negative impacts
y result if left untreated.
5. It is clearly it i a violation to ductlaundry r exhaust to the
KWBTS central exhaust shaft. In the event a Propertyr has incorrectly dueled
their laundry dryer vent to the KWBTS central building exhaust 96afts, they agree t
correct this deficiency y properly exhaustingtheir laundry dryer exhaust in an
alternative that meats current building t their cost before the Initiation of
the Program construction process. Furthermore, the Property Owner agrees to assume
y and all liability I t to the improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the Program Improvements Wll not
address kitchen and bathroomventilation and/or excessive interior humidity levels
generated Owner'within the interior of the condominium. The Property
Owner understands andassumes full responsibility for maintenance of interior moisture
and humidity levels. ner agrees to assumefull responsibility for any
occurrence, c r worsening of moisturel for interior humidity
levels in the Property. In addition, r agrees to assumeII
responsibility r the maintenancetin of the NIPventing ifi tis after
completion Improvements.
. The undersigned acknowledgea that all of the release, l
harmlessindemnity vision h in Paragraph 1 of this 1 i apply to
injuries, deaths, or damages sustainedin connection with or as a result of any and all
interior ventilation ficiniarising r the addition of theImprovements
including, but not limited , high humidity, of it ,- for lack of proper exhaust
ventilation. The provisions of this Exhibit E shall survive the terminationr expiration
the Property Owner Noise Insulation Agreement.
8. The undersigned y that n visions of this
i If shall binding n and inure to the benefit of theundersigned n their
respective heirs, personal representatives, successors andins.
WIT�USES,: , PROPERTY OWNER:
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it E-Property Owner Noise Insulation t Page
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F,xhibit E-�Proper&Owner NoiseInmiation AgmMentf