09/18/2019 Agreement/Easement-C110 �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
Heather
NIP Assistant Project Manager 1i2 0 10:49 AM Pap 1 of 4
THC, Inc.
710 Deculai 1
Decula, GA 30019Ffled and Recorded in OfEeW Records of
InternationalAVIGATION EASEMENT
Key West i
NoiseI
THIS EASEMENT AGREEMENT i e into this fKdayof
°°` ,
, by" ", hereinafter referred to as"the p r,`° in favor
f the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and
corporate, hereinafter referred to a " C."
A. The Property Owner is the fee simple titleholder to certain real property('theProperty")
located in MonroeCounty, Florida, o rticl rl scribed as follows:
Condominium Unit No. 11 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book , Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as streetaddress: "2601 S. Roosevelt Blvd., Unit C1 1 "
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and
desires to make propertiest, through interior noise exposure testing, in
incompatible It of their exposure to aircraftnoise compatible r residential
purposes through the implementation of a Noise Insulation Program ("NIP").
UnderC. the NIP, the Airport will design and install or pay for the installation o
improvements n ificti to the Property Ownersnecessary to reduce
interior noise levels at least 5 dB and to bring the averageinterior noise level below
dB in accordance withI Aviation Administration policy. Granting of an Avigation
Easement (" t") is a BOCC conditionparticipation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding o for said NIPWill include funding United States Government
pursuant to the Airport and AirwayImprovement of 1982, and will include funding
from the BOCC, actingin 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
.. _.. __..._..._
Key t intematio i Airport NIP—Avl don Eas (Unit 110) Page I of 4
Owner Noise Insulation it t implementation of the
NIP will benefit the Property Owner and the Property by providing certai i I sound
attenuation construction on all eligible resi i I structures on the property necessary
to achievea reduction in DNL indoor noise levels t least 5 dB and bringthe average
interior noise level below 45 dB in accordancei ! Aviation Administration
policy.
OwnerF, The Property fully understands that the NIP eligibilityi change t some future
time, is currently t he 1 Existing Condition ofExposure
accepted by t e Aviation vi ti Administration ("t ") on December 19, 2013.
G. The NIP ill be administeredin acco rdancei the current r 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant tote BOCC a perpetual
avigation easement, on terrns as hereinafter set forth.
NOW THEREFORE, or and in consideration of the improvements to the Subject
Property through the NIP,the receiptn hic is hereby acknowledgedof
parties, andin considerationn incorporation 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 Owner and its heirs, assigns and all
successors in interest, does t, bargain, sell and convey to the BOCC, its
successorsssi n , a perpetual avigation easement over the property. The use
of the EasementII include right to generaten i noise and to causeother
effects as may be associated with the operationi over or in the vicinity the
property. This Easement shall apply to all such aircraft activityt the Airport, present or
future, in whatever form or type, duringdo , o , to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
'thin the purviewof this Easement.
2. This Easement shall be perpetual in natureIl bind and run with the title to the
property and II run to the benefitof the BOCC or its successorin interest as owner and
operator of the Airport.
Owner3. The Property on behalf of thea r, its heirs, assigns and successors
in interest, does hereby release , and anyII related parties ,
including t not limited officers, managers, agents, servants,
employees lessees, any II claims, demands, damages, debts, liabilities,
costs, attorneysor causes of action of every kind or nature for which the Property
Owner or its heirs, ins, or successors currently , have in the past possessed,
r will in the futuresuit of Airportoperation'sr aircraft activities
noise levels reI to or generated by Airport activity, or may hereafter have as a result
of use of this Easement, including but not limited to the above-mentione'd
property r contiguous property due to noise, and other effects of theoperation of the
Airportr of aircraftlanding or taking t the Airport.
__
t Inftrnatlonal Airport NIP—Aviation Easement(Unit 110) Page 2 of
. This Easementexpressly excludes reserves the Property Owner and to the
Property Owner's heirs, i successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or rt's fee, or causes of action for
physical r personal injury caused by any aircraftor part of any aircraftusing
the Easementthat doesidentifiable i I damage to the property or injury to a person
on the property by cominginto direct physical contact with the a or the person
the
Should5. iter party hereto or any of their successors or assigns in interest i
counsel to enforcef the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of anyII
any provision of this Agreement, the prevailing party sh II be entitledto all costs,
expensesdamages and incurred including, t not limited y' s and
incurred in connection therewith, including ll t action.
6. o provision of this Agreement is to be interpreted for or against any party becausethat
party or that party's legal representative drafted such provision. This Agreement shall be
interpreted r according to the laws of the StateFlorida.
breachvision of this Agreement may be waivedunless in writing. Waiver of
any one breach of any provision of this Agreement shall not be deemed to be a Waiver
of anyotherbreachthe same or any other provision of this Agreement. is Agreement
may e amended only by written instrument executedh rti in interest t the
time ' i i . In the event that any one or more covenant, conditionr
provision contained i is held invalid, i or illegal by any court of competent
jurisdiction, the same shall be deemedseverable the remainder of this Agreement
and shall in no way affect, impair or invalidate any other provision hereof so long as the
remaining visions do not materially alter the rightsobligation's f the parties. I
such condition, covenant or other provision shall be deemed invalid this scope or
breadth, such covenant, condition or other provision shall be deemed vl!d to the extent
of the scope or breadth permittedlaw.
8. In the event the Airport shallb subdivided into more thanone parcel,or the Airportr
portion s subject to operation, management or administration by a party
in addition to or in lieu the BOCC, then and in that event the partiesthat same
shall not terminate or otherwise affect this nt so long as a portion of the Airport
continues to operate for standard airport flight purposes, that any such r
in interest to the BOCC shall be entitledo all of the benefitsithe BOCC
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
all costs of maintainingtin sound attenuation materialsequipment
installed in the Property by or on behalf of the .
Kaj'West Intematlonal Wrport NIP—Avl atlon Eas (unit#ci 1o) Page 3 of
This Easement Agreement is executedfirst above written.
PROPERTY OWNEJRF PROPERTY OWNER:
a
R�
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STATE
COW
The foregoing Instrument was acknovAedged before me this � r r „� k u„ 2
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N COUNTYO OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Ignature
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I Printed Name
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Printed Na Re
Signature
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= Print Nam® .... y
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing Instrument was ckn ed >,
.� � 2
by
as Mayor of the Monroe CountyCounty o ii r , a body politic and corporate.
Notary PublicSignature _ Y Commission Tres:
N0
F !
Key West International AlrpartNIP—Avigatlon Easement(Unit#C1 it)) A$ P A 6 ®o oiNwAT E Page 4 4 4
3 r _. t
Address: y the Sea
Unit No.: Clio
Name(s). Beimt
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEsT INTERNATIONAL AIRPORT, MONROE COUNry
THIS NOISE INSULATION AGREEMENT (this "Agreement7) 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 "Count-/'),
and the undersigned (the "Property Owner").
W I T IN E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
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 maneuvering about the Airport, and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularly described on Exhibit Q attached
hereto (the uProgram Improvements"); said Program Improvements to be paid for by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the Property; and
WHEREAS, the County will enter into a construction-contract with a
general contractor (the uContractoe') to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting of
a team manager and assistant manager, architect, mechanical / electrical engineer,
acoustician and construction manager selected by the County (the "Program ManagerO);
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
P�rqperzy Owner Noise Insulation Agmement Page I of28
sufficiency of whichy acknowledged, the Property Owner and the County
herebyIl :
1. Grant of Easement. Simultaneously withthe execution of this
Agreement, the Property Owner executed anddelivered to the Countyvi do
easement ( "Easement") which Easementh been recorded in the public records
Monroeof t , Florida. The Easement remains in full force andn i
hereby ratified in all respects.
2. _Programolic _e „s. Consistent withthe Program and/or
Federal viti inist tion Airport Improvement oliies and procedures,
Managerthe Program has developedseries of ProgramPolicy Statements tlii
construction and eligibilityrestrictions. The Property Owner understands that
prescHbed ProgramImprovements Y4ll be consistent with the Program Policy
Statementsvi to the Property Owner by the Program Manager. A copy
Program Policy Statements is attachedhereto i It A.
Payment3. of ProgramI r v ns. The County agrees to pay for
the Program Improvements ri in 0fh1bff attached hereto. The Program
Improvements will be approved the Property Owner and County,
Manager,Program and performedthe Contractor.
4. in., Comuetlitiv i c s. The Property Owner shall not
impede or inte withr bill sel -bapproved
manufacturers and subcontractors in the preparationi submittals. insure a
competitive i vi t, the Property Owner is prohibitedhaving
discussion or communication with the Contractor in relationto the the
contractors bid, or this Agreement until after award of the construction contract by the
County. Failureof the Propertyr to comply with is provision shall, t t option
o the t i is l discretion, l i disqualification ti
cancellation othis a et.
5. Construction oCounty ill award the contractfor the
ImprovementsProgram istent with Federal and Countycompetitive bidding olici
and procedures. The contract will require the Contractor to completethe Program
Improvements iin a time pedod definedh r.
Post-Construction osilii . The Property Owner shall
meet II responsibilities and requirementspertaining to both - n t ion a post-
construction:
a. rior to the start of NIPconstruction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, i oo c.)from their condominium-,
( ) Moving of all furniture and belongings into t "Designated
Storagepwithin the condominium, vi ing the required "clear areau.( it
_... ®_..__. ....................
Aroperty Omer Noise Inadation Agreement Page 2 of 28
space in t r the Contractor. When doing so, the Property Owner will have the
ability to utilize the rani "floor to cefling" space.
Removing ii excessive furniturei n imp mom the
condominium that Wfl not tit in the "Designated Storage "
Removing ii vAndow andr treatments (such as blinds,
plantation m etc.) and storing them In t "Designated St
Area";
Removing all nip and dust-sensItive Items from their
condominium ing with protective � tore stoHng them In the "Dedgnated
Storagegym;
Removing ii wall hangings (such as mirrors, i imp
shelves, etc. and t n n them In the "Designated t ;
Moving ii small Items and belongingsinto either the dosets or
bathrooms* as ouffined in the "Designated Storage Space Sketch"
Ub. After completion of the i construction, the ur r shall
meet all Post-Construction requirementsto include-
(1) Movine t all furniture i stored In the
"Designated St "' back to their original positions in the condominium:
Moving t any excessivefurniture imp into
the m min it mom;
Re-lnstaflatlon of all wall treatments, r treatments
wall hangings to their original positionsin the condominium.
.
. In the met the Property Owner falls to performand ii of the
above Pre-Constructlon responsibilities, the Property Owner shaH be removedfrom 'i
participation and the rt r shall be liable to t n /or Contractor for
any and ii resulting damages andall direct and indirect sty related thereto.
. In the event the Property Owner ftift to perform any and WI of the
above Post-Construcdon responsibilities, the r Owner shaH be liable to the
Countyand/or Contractor for any andall resulting damagesn ii direct and indkect
costs related thereto.
7. Impeding Construction. Once constructionof the Program
Improvements inns, the r shaH not ftede constructionr alter
construction !sci . In addition, the rt r shaH prevent any andall
tenants that may occupythe uri the constructionthe
Improvements impeding t ion or altering constructionschedules. In the
event the r or anytenant occupying the Propertylmpedes construction or
PmpeHy Omer Noise Insulation Agmement Page 3 o,f 28
alters the construction schedule, the Owner shall be liable to the Contractor
and the Countyfor any damages and all direct and indirect t related thereto.
8. Safe Working Environment. The Propertyr shall be responsible
r providing a safe working environment for the Program Manager, Contractor,
subcontractors, liers, and City, County, federal inspectors.
. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsible for.
(1) Providing a workingenvironment that is free from potential
health dsks, blohazardconditions, o is Is, obstacles, weapons of any
kind for explosives;
( Refraining verbal us r profanity;
( ) Refraining from aggressiveh i I contact; and
( ) Insuring that all pets are completelysecured and contained.
. In theevent the Property Owner falls to meet any of the foregoing
conditions, the Programprocess t the County's discretion, be temporarily
suspended t any time. In such event, the Program Manager shall notify the Property
Owner in wdtlng, stating the corrective action(s ) and/or n iti n( ) required to b
completed or performed by the Property Owner prior to the Countyi the
process.Program
c. In the event the Program process is not resumed due to the
Property Owner's iture to complete the correctiveaction(s) for condition(s )
requiredthe Program Manager, the Property Owner shall be liable the County
and/or Contractor for any and all damages andII direct andindirect srelated
thereto.
d. If the Program pmcess is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct andindirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction Delay . Duringthe construction period, the Contractor
may experience unforeseen li tios relating to the installation of the Program
Improvements. The construction contract shall provide that delays relatedto these
unforeseen complications are beyondthe control of the Contractor and shall be excused
so that the timefor completion may reasonably be extended. Construction schedules
may also be revisedif there is a delay in awardingof the contractor if the Program
Improvements hav t re-bid in the event of lack of bidding contractorsfor failure
of the lowest responsive, responsible bidder x cute the contract, provide a payment
and performance bond or show proof of requiredinsurance.
10. Changes to Scope of Work. The Program Manager reserves the dght
to make changes to the plans and specificationsn the Program Improvements, it
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Fmpenly Ovmer Noise Insulation Agreement Page 4 of 28
sole discretion, at any time during the Progimm process, provided such changes do not
reduce the scope or quality of the Program Improvements described in Exhibit Q and
such changes are necessitated by the discovery of hidden conditions not readily
detectable during normal property inspection procedures.
11. Acceptance of Work. Upon completion of the Program Improvements,
the Program Manager shall inspect or cause this inspection of the Program
Improvements to detennine if they were completed pursuant tD the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and perlbirmance issues a's they relate to the Contractor, subcontractors,
suppliers and aicoustic designs. The Property Owner is requested to attend the
Substantial Completion Inspection and provide input to the Construction Manager with
respect ,to the Identified punch-list items. In addition, the Property Owner is welcome to
aftend the Final Inspection. In the event the Property Owner elects to not aftend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
per and the Program Manager as to a conformance or perforrnance issue, the
Property Owner shall be required to submit the discrepancy in writing to Monroe County
(representative to be deflned before the NIP constructior; process) within 7 days of this
inspection giving rise to the discrepancy. Monroe County shall then make a
determination as to the acceptability of the conformance/performance issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any confbrmance/performance/issues. Failure by the Property Owner to submit the
wriften complaint within the time period specified above shall thereafter foreclose the
Property Owners Hight to file such complaint.
12. Termination of A Areernent. The Property Owner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be perfonned in accordance with the Program.
Therefore, if the Property Owner attempts to terminate this Agreement or othervAse
impedes the progress of the performance of the Program Improvements after the awand
of the construction contract, the Property Owner will be liable to the County for-any and
aII damages and all direct and indirect costs caused thereby.
13. Warranties. The County does not represent or warrant the level of
noise reduction that the Property Owner will experience within the Property as a result
of the Program Improvements performed as part of the P mignam.
® The County agrees that its contract with the Contractor will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work- as provided for in Paragraph 9.
b. At the end of construction, the Program Manager will provide the
Property Owner With a Warranty & Final Close' Out 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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Propeny Owner Noise Imuladon Agmement Page 5 of 28
must first i I ted 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 i t among product manufacturers. In the event of claim, the
OwnerProperty is solelyresponsible for pursuing II future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the r shall be- solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any required warrantyis to look solely to the general
contractor r the u r for fulfillment of all warranties and for resolution
of II product or construction warranty i ( ):
(1) The Property is inquiry is not directly related to either
construction warranties or product warranties (such as windowcleaning t product
maintenance) I s of whether the Property is inquiry rises during tone-
year warranty periodthe Contractor or thereafter;
( ) The Property Owner believes that warranty service i
required it construction warranty issues, the one-year warranty period
from the I contractor has expired-,
( ) The Property Owner believes that service is requiredwith
respect to product warranty issues, the advertisedn rio the product has
not expired, and the manufacturer is currently i its business;
( ) The Property Owner believes that service is requiredit
respectissues, and the advertised warranty periodfor the product
has expired.
14. Pre-Existing fici i . The Property Owner will be requiredt
sin Exhibit D (Deficiency of I s ) which will impute all
responsibilityn liability to the Propertyr for any and all present Pre-Existing
Deficienciest the Property, whether seen or unseen.
1Pre-Workci n . The PropertyOwner will be required
to completeII Pre-Work, as required by the NIPto successfully
the NIPis modifications. T �Prop rty Owner will be regy:1redtcomplete, .. ..11
sign t dPro-Work i# stili uzing their own funds and r therequireddeadlines s
s li _ the
NIP., In the event the Property Owner falls to complete
designated P - items by the established I li , the-Property Owner shall
removedbe I participation and the Property Owner shall be liable o
and/or Contractor r' any and all resulting damages and all direct andindirect t
related te .
16. City, a et "Hard-Wired" Smoke Alr i n . I
compliance i the City of Key West Fire Marshall and the CityBuilding
Department ru ion permit issuance requirements, the Property Owner will be
requiredinstall 1 - It "hard-wired" smoke alarms in their condominium i
NoisePwp"Owner latio t 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 Mgp; v. ensure that the
smoke alarms are nor.rt iniiii-II—ed--in same areas within the condominium where NIP
modification work will occur- to avoid any,F, Lenftl !m-edance to the NIP constrL!
p
2mcess. 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. Suspension of Proorarn Process. The Program process may be
temporarily suspended at any time during the design and/or construction phases upon
the discovery of Deficiencies due to their potential impact on the Program
Improvements and product warranties. The Program process will not resurne until the
Property Owner has corrected all related problems to the satisfaction of the Program
Manager. In the event repairs are not completed in a timely manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay and/or stoppages of the work
18. Limitation on Alterations to the,_Pro erty. The Property Owne r
p
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existing windows, doors and/or walls from thetime 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 fbr all direct and indirect costs associated with unapproved alterations and
damages related thereto.
19. Pre and Post-Construction of Testing Process. Pre- & post-
construction noise testing is a very important Program pro��Sst t is designed to
measure and determine the actual achieved not level reduction level at treated
properties. If selected by the Program Manager for pre- & post-co'nstruction 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 property (with the exception of
repairs of Deficiencies) from the time of the pre-construction noise test to the nnat-
construction noise test. In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserve the interior layout of fum its re, floor coverings
and window treatments from the time of theqre7
construction noise test. The Property Owner understands that the failure to adhere to
this requirement may rasult in corruption of the noise testing data. Therefore, the
Property Owner understands they may be liable to the County for any direct and indirect
noise testing costs in the event,these requirements are not met.
20. 'Cooperation. As reasonably requested, the Property Owner shall
cooperate. with the Contractor, the Program Manager and Monroe County in the
.performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallation of rugs, wall hangings and.fug niture as necessary.
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.%Pery Omer is Imulation Agmm ent Page 7 of 28
21, Utilities. The Property Owner shall permit the Contractor to use, at
no cost tothe Contractor the , existing utilitiesli ht� heat, power and
water necessary to carry out the Improvements.
22. Design and Bid Process Access. At scheduled times and/or upon
not less than -four tip (Wa NIP email , the
Property Owner agrees to provideto the Program Manager, Contractor, subcontractors,
suppliers, it I in consultants the
collectProperty to lall final l l idocuments. These visits could
include, It not be limited y, design survey, hazardous material
inspection, pre-noise titspre-bid ' it. In the t the Property Owner falls
providethe r all required NIPI nd Bid Process visits, the
OwnerProperty shall be removed from NIPrtiI ti .
23.
on Access. The Property Owner agrees to provide
access t theProperty i t hours pflor to the scheduledt f NIP
construction. This short Visit will provide the r a m, r with the abilityto ensure
that the Property Owner has met all fumiture storage responsibiliti6s. 11 l
result in the suspensionf the scheduledNIP constructionthe Property Owner shall
be liable to the nn r Contractor for any and all resulting damages andall direct
and indirect ts related thervto.
R Pre andt Construction_ Access. At scheduled times and/or
upon not less than twenty-four houra advancenotice
and r the established 141P constructionI i wa t, the Property. r
agreesto provideto the Program Manager, Contractor, subcontractors, suppliers, City,
State federal inspectors and consultantsthe Property to provide
II required NIP - t ti t® ruction visits. These visitscould
include, t not be limited to final measurement, pre-construction pre-construction inspections, revi f
Designated I t , post construction inspect-ion post-
construction i testing. In the event the Property Owner falls to providefor-all
required NIP t Construction visits, the r shall be removed
from NIPrti i ti n and the Property Owner shall be liable to the County and/or,
Contractor for any and all resulting damages and all direct andindirect related
thereto.
25. Construction Peri ss. Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, hi ill include the air r of calendar daysto complete the I
construction in each of the participatingcondominiums.i na this schedule, til
ManagerProgram will assign each Property Owner with a designatedr of
calendarin which constructionill occur in their condominium. The Property
Owner agrees to relocatefrorn their condominium fbr the entirei time ® In
addition, the Property Owner agrees not t re-enter their property for any reason-during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the t the Propertyr falls to provide access for their
assigned t ion time , the Property Owner shall be removed from NIP
_.... ........ .........
Ptopemv Owner Noise insulation Agmement Page 8 oZ
participation the rt il be liable to the u n r Contractor for
d all resultingdamages all direct andIndirect l thereto.
26. Construction d ion Due to HuMcanes. Since the I
construction period will extend into the Key West hurricane season, there is potential for
construction deb r stoppages, beyond the nt l of the a tr r, in the t
of a threat of an approacHnghurricane and/or an actual hurricanetW Due to this
possibility, the Property Owner understands that delays may r in addition to their
origMafly assigned constructiontime d W Wthout any fault or cost to the Contractor
Programand m rw Furthermore, the r agrees to reiocat their
condomMium for all additional calendar resulting t I construction r
t t tmrrm , threat or event at no cost to the t o Contractorand/or
Program Manager. In the met the Propertyr falls to proAdethe it d
additional access to their condomMium, due to hurTicane-relatedt , the
Property mbar shall be removed I participation and the Property Owner shall
be ilable to the Countyand/or Contractor for any andl resulting damagesl direct
and indirect t thereto.
W _.Discovery of Pr - .,, ul j Deficiencies Duringt i . In the
event the Contractor digcovers pre-exisfing deficienciest the Property duHngthe I
construction that negabvely impactthe installation of the ampmvements,
the Property Owner agrees to immediately it and remedlate such deficuencies In n
effort to reduce anynegative impact the scheduled constructiond rt
Owner iunderstands that, depending on t timing rm the - u tiu deficiency repair,
the I construction d need to be d, at no It of the Program
Manager or Contractor.
28. Impact of Unforeseen KWBTS Building Conditions on Construction
Schedule. The Property
m d dm t I construction t� have
that the t increase t original
understands ml m it t
scheduled construction,*,. hutch is not the It of the Programr nor
Contractor.r. The rt r needs to planfor the "Worst-case" possibility that the
odginaily-scheduled constructionm ul to t additional days
due to unforeseenbuilding itul m that may ro and of t the
construction.
29. Existing WindowrTreatments,, � Blinds. The
Property
Owner
understands_ that, r theinstallation
t ul to rm of new NIPuIwindow and
the existing "m m r door treatments, d d Winds may not be
compatible nor able to be re-Installed due to size dWerencesthe new and
existingarmdows and doors.
30. ul q„ _Crown MoldiDg. During the Installation of the m
acoustic u doom, the NIP will be providing "standard" upu m nt
Interior tdm and sHis. The Property Owner undenirtands that the NIP replacement trim
ill not match customs and/or specialized crown m m and/or custom vAndow
d door tHm. Afterthe a term of the Imp modifications, the r Wil
have the abilityto make modificationsto the NIP interior tdm at their own expense.
Povp"Owner Noise Inmiation Areement Page
31. Communication Rwguirements. The p n r agrees to
read and review all NIP emails and/or letters in a timely fashion which are being
provided by the NIPto ensure scheduleconformance. In the eventthe Property Owner
falls to meet this ! n , it could resultin removal from NIPparticipation.
32. Title Examination. The Manager has obtained or will
obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens for title defects.
38. Coo
µu ion in ClearingTitle. Prior to the commencement
construction of the Program Improvements, y Owner shall cooperate withthe
Countyin order to (!) correct any title defects affectingthe Property whichdisclosed
by the "Abstract it " and in the solet i ti the County may serve to
invalidate the Easement, and (ii) secure the writtenconsent of anyII mortgage
holders to the Propertyis conveyance of the Easement to the Countyif-the
County determines thati is necessaryr desirable to do so (collectively, t "Title
Matters"). If, prior to the commencementf construction of the Program Improvements,
the County, in its sole discretion, t i that the Titlei the Property
y invalidate the , this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
projectch inspection and approval during the construction of the Program
Improvements n r completion of the Program Improvements on l
be et r for Mon.roe County.
Afterb. final completion of'the Program Improvements,
Owner shall assume the responsibilityfor maintenance and operation of the items
installed, r constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears anyresponsibility for maintenance and operationo
these items.
35. Reduction of Freshit Infiltration. The Property Owner will be
ui t sin Exhibit (Ventilation of I t) is imputes II
responsibility bto the Property Owner for the proper maintenance of interior moisture
humidity levels.
36.
�IyAgq_gf Materialsi t. If the Property Owner desires
to retainany of the material or equipment removedthe Property as a result
Program Improvements, rty Ownerhll arrange fort lv said
materials ! directly i r at the Property Ownersof risk
and expense. The Countyno responsibilityr the conditionthe material,
equipment r surrounding surfaces as a result of the owner-requestedsalvage. The
OwnerProperty and the Contractor shall, prior to the commencement of construction,
agree upon and execute c listing those items to be salvaged. In the
.........._......._ ...........
_. ...
Pmpery Owner Noise Insulation ......e 10of
of such a writtenagreement, all items shall become the propertythe Contractor.
Materials equipment not listed for salvage by the a nr shall become the
property of the Contractor.
37. Propertv Insurance. During Program construction period,
Contractor will provide builders risk insurance for the . The Owner
shall have the option, at the Properly Owner's sole cost and expense, to maintain a
homeowner's insurance lic r the i the construction of the Program
Improvements. rty Owner understands that, following final completion, the
Contractor's builder's risk insurance ill cease, and it is advisablefor the Property
Owner to obtain insurance cover any value to the Property by the .
38. Timinq 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 u i l inconvenience an uld generate significant
quantities ris rendering portionsthe nin i I r
extended periods of time.
3 'Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, suits and actionsi the Program Manager;
the County andits officers, employees, agents, consultants; contractors
suppliers i to issues relatingto the r labor, materials
acoustic designs utilized in the Improvements. Noti in this shall
limit the warrantiesfor materials and workmanshipi in the contract with
general contractor.
40. I I t vent t r sells, v r
otherwise titleh nProperty before the completionof all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with
of this prior to the closingn the sale, conveyance r other transfer,
transfer all of the Property Owner's responsibilities and obligations under this
Agreement to the buyer as a conditionv or other transfer of
the Property.
1. Waiver. No waiver of, acquiescencei , or consent to anybreach
any terrn, covenantor condition hereof shall be construed as, or constitute, a waiver ,
acquiescence i , or consent to anyother, further or succeeding c f the same or
otherany term, covenantr condition hereof.
. l „m s In the event that this Agreement is
cancelled r the Countydetermines t the Easement should be released of record,
the Property Owner, upon wrfftent by the County, shall pay to theCounty
sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation and
recordinghe Release of Easement documentin thepublic of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order t "clear" the title to the Property.
_ .__......._. ®�.. . ............ ..._....... _... ....--.—
Nopeny Owner o' e Inniabon Agreement Page11oft
43. Authority to Executen Behalf Of Cqunto. By Resolution No. 111-
2004, my motioned andpassed at a lawfully onpublic meeting, the Board o
County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full
authority r the Countyini t for to executethis Agreement on behalf of the
Countyi r action by the Board of CountyCommissioners.
. Attachments. Attachmentsthis Agreement include theIl in ,
whichincorporated into this Agreement by reference.
a. Exhibit : Program Policyt to t .
b. Exhibit : Legal Descdption of Property
c. Exhibit : Program Improvements.
d. Exhibit Deficiency Hold Harmless
a. Exhibit : Ventilation Hold Harmless
General45. Conditions.
a. Govpi L , Venue, Interprptar Costs,, F
(1) This Agreement shall be govemedy and construed in
accordance with the Laws of the State of Floridaapplicable to contractsto be
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
Countyn r agree that venue will lie in the appropdatecourt or before
the appropdate administrative body in MonroeFlorida.
( ) The CountyOwner agree that, in the event of
conflicting interpretations the terms or a term of thisr between any of
them, the issue shall be submittedto mediationprior to the institution of anyother
administrative r legal proceeding.
( ) The Countyr agree that in the event any
cause of action or administrative proceedingis initiated r defended by any party
relative to the r interpretation this Agreement, the prevailingII
be entitled to reasonablettcosts, investigative, and out-of-pockel
e n award againstthe non-prevalling party. Mediationproceedings
initiated conducted pursuantto this Agreement shall be in accordance withthe
Flodda RulesCivil Procedure andl and customary required the
circuit rt of Monroe County.
. in ini Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind andinure to the benefit of the County and Property Owner
and it respective legal representatives, successors, n assigns.
_...... __.�............................._ _.._........_....... ___ �... ....
Property r Noise Insulation Agreement Page 12 of 28
c. Severablilty. If any term, v n nt, condition or provision of this
Agreement ( r the applicationthereof to any circumstance r person) shall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions visions of this Agreement shall not be affected
t each remaining term, covenant, condition and provision of this Agreement
hall be valid it be enforceablethe fullest extent permittedlaw unless h
enforcement of the remaining terms, covenants, conditions n visions of this
wouldAgreement prevent the accomplishment of the original intent f this Agreement.
d. uthori . Each party representsto the other that the
execution, delivery and performanceof this Agreement have been duly authorized by all
necessary CountyOwner action, as may be requiredlaw.
e. Duration of Agreement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the r and by
the County shall remain in effect for a periodreasonably required to effectthe
Program Improvements (the "Term"), except as may be sooner terminated i
accordance ith the provisions of this-Agreement.
. Acceptance of GLrfts AssistanceFunds, or Beguests. The
Countyn r agrea that each shall be, and i , empowered to accept for
the benefit of any or all of them, gifts, assistance funds, or bequests to be used
r the purposes of this Agreement.
g. Claims r Federal or State Aid. The County and Property Owner
agree t each shall be, andi , empowered to applyr, seek, and obtainI and
statefunds to further the purpose of this t; provided that all applications,
requests, grant proposals, and funding licit i by the Property Owner shall be
approvedounprior to submission.
. Adiudication of Disguter Disagreements. The Countyn
Property r agree that all disputes and disagreementsshall be attemptedto be
resolved by meet and confer sessions between representatives of each the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party II have the right to seek such relief or remedy as may be providedthis
Agreement r by Floridalaw.
I. Nondiscrimination. Countyn r that
the illdiscriminationi n it is expressly understood that
upon a determination y a courtt jurisdiction that discrimination
occurred, this Agreement automatically terminateswithout further action on the part
of any party, effective the date of the r. The County and Property Owner
agree to ply with all Federal and Floridatut II local ordinances, as
applicable, I tin to nondiscrimination. These include not limited t : (1) Title
I of the Civil Rights Act of 1 ( .L. ) which prohibits discrimination on the
basisfor or national origin; ( ) Section 504 of the Rehabilitation Act of 1973,
amendedas ( . ), which prohibits the basis f handicap-,
( ) The Age Discriminationf 1 ( U.S.C. ss. 1 1- 1 ), which
...._............. _....... �._
P�vpeny Owner Noise Insulation t Page 13 f 2
prohibits discrimination on the basis of age; ( ) The Drug Abuser t t
Act of 1 ( . - ), as amended, relating to non -isri m ination the basis of
abuse; ( ) The ComprehensiveAlcohol Abuse AndAlcoholism v nti ,
Treatment and Rehabilitation1 ( .L. 1- 1 ), as amended, relating
no nd iri !nation on the basis of alcohol abuse or alcoholism; ( ) The Public Health
Service of 1912, s. 523 and 527, (42 U.S.C. 290 dd-3 and 2 - ), as amended,
relating to confidentiality of alcohol and drug abuse patient records, ( ) The Americans
With i iliti of 1 ( U.S.C. s. 11 Note), as may be amendedtime
time, relating to nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as
amendedmay be time to time, relating o nondiscrimination; ( ) The Monroe
County Human Rights Ordinance (Chapter 1314, Articleill Sections 1 -101 through
-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 applyi t , or the subjectmatter of, this et.
j. Cooperation. In the eventany administrative or legal proceeding i
instituted i t either party relatingto the formation, execution, rfo nce, or
breach of this Agreement, the p r agree to participate, to the
extent requiredy the other party, in all proceedings, hearings, processes, meetings,
and other activities relatedto the substance this Agreement or provision of the
services under this t. The County and Property Owner specifically agree that
no party to this Agreement shall be requiredter into any arbitrationproceedings
related this Agreement or any Attachmentr Addendum to this Agreement.
k. Books, Records, and Documents. The County ande n r
shall maintain books, records, and documents directly pertinent to performance under
this et in accordancei Ily accepted accountingprinciples
consistently liEach party to this Agreement or their authorized representatives
shall have reasonabletimely access to suchc t r party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the terminationof this Agreement.
I. Coveriant of No Interest. The Countyr
covenant that neither presently has any interest, II not acquire any interest,
which would conflictin anyr or degree with its performance under thi
Agreement, and that only interest of eachis to perform and receivefit s recited
in this Agreement.
m. Code of Ethics. The County agreesthat the officers
employees of the County recognize and will be requiredply with the standards o
conduct 1 tin to public officers andto li in Section 112.313,
Floridat tut s, regarding, not limited t , solicitation or acceptance of gift, of
business with one's agency, unauthorized compensation; misuse of public position,
conflicting to r contractual relationship, andit r use of certain
information.
NoiseProp"Omer Insulation Agreement PW 14 oft
u . No Solicitation/Payment. The County and Propertynee warrant
that, in respect to itself, it has neither employed r retained anycompany r person,
other than bona m pl y working l ly fbr it, to soJicJt or secure this Agreement
and that it has not paid or agreed to pay any person, company, corplorabon, individual,
r fimi, other than a bonafide employeerl ulrig solely for It, any f , commission,
percentage, ul , or other consJdaration contingent upon or resulting m the award or
making f this mrm t. For the breach or violation of this m i , the Property
Owner agrees that the County shallthe right to terminate this t wJthoiut
flablRy and, at its discretion, to offset from monies , or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public our m r shall allow and
permit reasonable access to, and inspection f, all documents, papers, 161ters, or other
materials sm to the provisionsChapter 1 , Florida Statutes, m r
received y the n n Owner M conjunction with this mrm nth and the
Countyll have the right to unilaterally carm I this ems met upon violation of this
provision by the rmrw Public Records Compliance. Property Owner must
comply it Florida public records laws, including t not limited to Chapter 119, rid
Statutes ul f article I of the Constitutionf Florida. The County and
OwnerProperty shall allow and permit reasonable access t , and inspection fall
documents, records, , Jeffers or other " lip materials in its possession
r under its controlsubject to the proAslonsof Chapter1 , Florida Statutes, and made
r received by the Countyand m r in conjunction with this contract
relatedmet n . The Countyshall l the right to unilaterallycancel
this met upon violation of this provision by the Property Owner, Failure of the
OwnerProperty to abide by the terms of this provision shall be deemed a material
breach of this contract the County may enforce the terms of this ul m n the
f f a court proceeding andl, as a prevaffingentitled to reumbursement
f all attorney'sfees and costs associatedwith that proceeding. This ., a n shall
survivem termination or expJration of the contract.
The Property Owner is encouragedto consult with its vi bout
Floridau lulu Records Law in order to comply with this provision.
Pursuant t . 119.0701 n the terms andn to rm f to
contract, the Property Owner is required t .
(1) Keep and maintain iI lip records that would be requiredthe
Countyto perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County tit y of the requestedr allow the records to be inspected or
copy mth'mm a reasonabletime t a cost that does not exceed the cost provIded in this
chapter or as otherwisey law.
Ensure that public records that are exempt or confidential and
exempt t from public records disclosurerequirements are not disclosed except as
._. _ _.. ... ..__._........
Propertyer Noise Inmiation AVeement Page I5 of 28
authorized y law for the durationof the contractterm and following completion the
contract if the Property Owner does not transfer the records to the County.
( ) Upon completion of the contract, transfer, at no cost, the
County II public records in possession of the Property Owner or keep and maintain
public records that wouldbe requiredby the of to perform the service. If the
Property Owner transfers II public records to the Countyupon completion of the
contract, the Property Owner shall destroy any duplicatepublic records that are exempt
r confidential and exempt from public records disclosures. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirementsr retaining public records. All
records stored electronically must be prvi to the County, upon request from the
aunty's custodian in a fbrmat that is compatiblei the information
technology f the County.
( ) A requestto inspect or copy public records relating to a County
contracts directly to the County, if the Countydoes not possess the
records,requested the CountyII immediately noti the Property Owner of the
request, and ther must provide the t r allow the
records to be inspected or copied withinI time.
If the Property Owner has questions regarding the application
Chapter 119, Florida Statutes, to the PropertyOwner's duty to provide public records
relating to this contract, h t iPublic Records, n Bradley at ( )
292-3470.
. Non-Waiver of Immunity i i visions of Sec.
768.28, Florida tut , the participationCounty n r in this
Agreementthe acquisition of any commercial liability insurance coverage, self-
insurancecoverage, or local government liability insurance of coverage shall not be
deemed a waiver of immunity by the Countythe extent of liability v , nor shall
y contract enteredinto by the County s contain vision for waiver.
. Pvila sgnd Immunities. II of the privileges and immunities
liability; exemptions laws, ordinances, les; and pensionsn lief, disability,
workers' compensation, and other benefits which apply to the activity of officers, ,
volunteers, or employees of the County, i it respective functions
under this Agreement withinh territorial limits of the County shall apply to the
degree and extentthe performance of such functions and dutiesf such officers,
volunteers, or employees outsideterritorial limits of the County.
r. Legal Obligations and Responsibilities, on I do
Constitutional or Statuto Duties. This Agreement is not intended , nor shall it be
construed as, relieving ici tinentity obligation or responsibility
imposed the entity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the performancebe offered
in satisfaction of the obligation or responsibility. Further, this t is not intended
o, nor shall it be construeds, authorizing the delegationof the constitutional or
statutory duties of the County, except to the extent permittedFloridaconstitution,
_.... _ . .....__ ... --- _ .
Properlyr Noise l e 16 oft
statetut s, case law, and, specifically, the provisions of Chapters 125 and 163,
Floridatut .
s. Non-Reliance Nq.n-Partles. No person or entity shall be entitled
to rely uponthe terms, or any of them, of thisto enforce or attempt to
enforce y third-party claim r entitlement to or benefit of any servicer program
contemplated hereunder, and the Countyn n r agree that neither the
County nor Property Owner or any agent, officer, r employee of each shall v 'th
authority to inform, 1, or otherwise indicate that any particular individual r group
of individuals, i t entities, have entitlementsr benefits under this Agreement
apart,separate and inferior to, or superior to the community in general or fort
purposesI t in this Agreement.
t. Aftestations, The r agrees to execute such
documents as the County may reasonably require in the performance of the obligations
and duties h r Property Owner under this Agreement.
Personal Liability. No covenant or agreement contained i
shall be deemed to be a covenantr agreement of any member, officer, agent or
employee of Monroe Countyin hisr her individual i r, officer,
agent or employee of Monroe Countyshall be liable Ily on this Agreementr be
subjectI liability r accountability by reason of the execution of this
Agreement.
v. Execution unC Counterparts. is 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 and theinstrument nparties
hereto may execute thissigning such counterpart.
w. Section HpIdingp. Section headings haveinserted in this
Agreement as a matter of convenienceonly, 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.
IN WITNESS WHEREOF, the Property Owner and the Cou.rity have
executed this Agreement as of the day and year first above wriften.
....................___.......................
................
WITNESSES:
PROPER71"O'WNER.
z
"17 4
'§T6natura
rint','N 9 4
Printed Name 'Ile
SIgnature
Date
Printed Name
...................................
.......... .................................
WITNESSES: PROPERTY OWNER:
Signature
SIgnature
PrInted Name
'PrInted Name 3.
*V.
SIgnature
Printed Nania
I.......... ...... .................
Mo'NROE CPUNTY BOARD OF COUN'TY GOMMISSIONERS:
MAYOR CHAIRMAN.
KEVIN' MADOK CLERK SLYVI RP
;0'
136puty C�erk Signature
Dafe-
.......... MQ
-AP', qVCD ka
----P ------------------------
a ge IN<,
�)" 28 roperty Owner Noise Insulation Agreement P
J. ERCADO
ASSISTANT I
PROGRAM POLICY STATEMENTS
Exhibit
NoiseTo
Property Owner l l
A. Air Conditioning: General Restrictions. While providing a new ductless "mini-
split' AC system to your con do iniu part of the Noise Insulation Program
modifications, the following limitations tion and restrictions Will apply to all condominiums:
1. All condensing units ill be installed on the balcony
2. II refdgerant lines (running from the balcony condensingunit) will be installed
consistent with KWBTS Boardpolicy rules, maintainingmaximum height f 48
inches.
. All condensate lines will be installed on the building extedor consistent with KWBTS
Board policy rules to ensure the highest level of consistencyand building
architectural aesthetics.
. All Interior AC lines (refilgerant, condensate, elecidcao and Energy Recovery
Ventilator( ) ducts Will be housed in new vertical wall and comer pilasters is
ill be constructedto matchthe 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 NIPexecutive rci ill
view this information With you at your NIP Design Review Meeting.
5. Only electdcal service panels that are determinedthe Program Manager to be
deficient Will be replaced by the s a part of the Noise Insulation Program
modifications.
B. Window .ill Replacement. Due to the presence of asbestos, the NIP will provide
new custom wood surround and sill instead of the existing gypsum board surround.
to this revised plan, existing custom sills (marble, if , d) Will not be replaced.
This revision Will be an improvement, it c asin constriction costs and improving
time efficiencies..
CrownC. Custom I i Restrictions
The new asbestos abatement ui a will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originally assumed), which will not
allow sufficient time r the awarded general contractor to secure custom matched
replacement trim. Therefbre, existing crown moldings, all tdm, andbase, the
contractor will, instead, cut the existing o riflush to the face of the new pilaster or
thru wall c-infill. At new pilaster locations and, if the tru wall ac infill abuts the existing
baseboards, the contractor will install a standard ( " x 5-112� painted woodtrim 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 ill
.. ............ .
Exhibit A-AropeHy Oymer Noise Insulation e 19 of 2
have the option to replace the installed trim Wth other custom trim to match the existing
matedals and profiles.
D. Door Threshold Hsi ghts. Due to stringent Florida hurricane impact and water
infiltration building codes, all new aluminum acoustical pdme entry swinging doors and
sliding glass patio doors will have thresholds that are considerably higtier (frorn the
floor) than existing door thresholds. These higher door thresholds are designed to
proAde optimum protection to the interior of a condominium from water infiltration during
a hurricane.
E. KWBTS Asbestos TeRtin
2
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
wIn dow and door caulking. In addition, randorn, 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 install ation,
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 ERV.
F. Asbestos Abatement Requirements
In tih-eevent any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor, will be required to perform the following abatement
requirements dudng construction:
,if samples show a presence of ACM < 1%
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are shipped, cut
and/or sanded.
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Rdibit A-Popperty Owner Noise Insulation Agreement Page 20 of28
samples show a grgsence of ACM •1 P�q
The NIP contractor will be requiredo full asbestos abatement procedures as
directedvi I Protection Agency( )to include:
Construction of ACM containmentin all areas (walls, ceilings, closets,
i r ), approximately 4 feet from all walls and areas !
the NIPific ti .
bagging- Abatement and (resulting lii s) by
certified b s t staff.
!r sampling of containmentclearance I! areas by certified
asbestosate t staff to allows to containment areas by traditional
(non-abatement)workers.
- THC will be requiredprovide iv v ! all ACM abatement
processesin all condominiums throughout the NIPion process t
ensure r compliance Withfederal and stateabatement guidelines.
- The presenceill have a significant impact n the NIP construction
process, lengthening the ion period and increasing the sequencing
and !nation requirements of contractor crews.
Given the cost to providerequired s abatement procedures, the FAA
ill require THC to develop a design and construction plan that minimizes the
disturbance nsu the minimizationconstruction costs,
duration, and liability to the contractor . This plan
ill result in now propertyr requirements and designrestrictions which
are outlined below.
v of Designi i . The KWBTS Board will have the
Authorityto make several the Program designdecisions include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Intedor Ductless "Mini-Split"AC System Installation Requi
. Interior Ductless "Mini- lit" AC System Intedor Soffit DesignPlacement
6. In-Filled itch riDoor Policy Treatment
............. _._ ...._ ........ _ ....
Mchibit A- eny Owner Noise Insulation Agreement Page 21 of 2
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 11 O-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
370, as amended from time to time, of the Public Records of Monroe County, Florida.
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Exhibit B-Propeny Owner Noise Insulation Agreement Pap 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
TO
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
0 Architectural Drawings
0 Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
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Exhibit C-Propeny Owner Noise Inmiation AVement 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 Program fbr the Program Improvements to be made to the Property
described in the Agraement of even date herewith (the uAgreement") between the County
and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on
behaff of the undersigned and the heirs, personal representatives, successors, and
assI gns of the undersigned, forever releases, remlses, discharges, indemnifies and
covenants not to sue, institute claims against, or Institute any proceedings against, the
County, or any of Its agents, officers, employees, consuftants and/or co6tractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever,kind and nature on ac=unt of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the fbregoing which may accrue to the
undersigned or their respective helm, personal repr esentatives, successors and assigns'ln
connectI on with any and all Pre-Existing Deficiencies (the "Deficiencies") ag,ainst said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Property Owner undeistands and assumes Ul responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
*3. The Property Owner understands that the Deficlencles include any
deficiencies present in the Property at the time of execution of this Agreement which could
Inch de, 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.
4. If visible, the Property Owner understands that the program Manager may
identify and document Deficiencies at any time throughout the Program process
(Including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either'IMInor' or"Severe".
5. The Property Owner assumes full responsibift for the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified durfng the design
process, the Pmperty Owner agrees to complete necessary repair's to the Pmperty, 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 uncovere.d during the construction pedod, the Property Owner agrees to complete
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Rrhibit D-Propeny Owmer Noise insulation Agreement Page 24 of 28
repairsnecessary to the Property, to the acceptance of the Program Manager to
minimize I or stoppages of work.
. The undersignedI II of the releaseof
harmless and i l ' provisions set forth in Paragraph 1 of this i It D applyto
property damage, injuries, deaths, or damages arisingtDeficiencies n for all
negative impacts thatlater result after the additionthe Program Improvements.
provisions of this Exhibit D shall survive the terminationor expiration
Owner Noise Insulation t.
undersigned8. The t the terms and provisionsf this
_ II binding u i t oft undersigned their iv
i I representatives, successors and assigns.
...
�77 SSIM, PRQ4,?ERTY OWNE
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11.
Name
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Printed Name
OWNER:
Signature
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Printed Name
Signature
Date
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WITNESSES: PROPER R:
Signature
Signature
Printed
Printed
Signature
Printed Name
Date
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Exhibit D-Property Owner Noise Insulation nt Page 25 of 2
VENTILATION
Exhibit
PropertyTo
iInsulation
1. In partial consideration of the compensation to be paid on behalf the
Countyn the Program for the Program Improvements a the Property
scribed in the Agreement of even date h (t "Agreement") between the County
and Property Owner and to whichthis Exhibit E is attached, the i r and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns the undersigned, forever releases, i ica , indemnifies indemniffes and
covenants not to sue, institute claims i , or institute proceedings against, the
County, or any of its agents, officers, employees, nitnt and/or contractors
concerning and all claims, a ands, damages, actions or causes of action o
whatsoever kind and nature t of bodily injuries r death, damage to the
property and the consequences thereof, and any of the lbregoing which may accrue t
the undersignedr their respective heirs, ! representatives, successors
assigns in connection with any and all Ventilation Deficiencies (the " fci nci ") against
said County or any of Its officers, , employees, n l l r contractors
legally liable. .
. The Program Improvements may .include the addition of acoustical
windows and doors, removal and ifilli "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split" air conditioning system.
these modificationsill result in a tighter interior environment due to the elimination
all passive inside 1 outside it leakage that was naturallyoccurring in all openings, the
Program ill also include the addition of a energyv ventilation ( ) unit which
ill provide an adequate exchange f inside 1 outside air to the condominium as
required by buildingcode.
3. Given the tightened interior environment of the t n iniu , the
Propertyr agrees to assume full responsibility for the proper operation of the new
Program ductless AC systemv ventilation ( V) unit to avoidthe
potential for mold and moistureI sci liduring periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibilitylimitations, the Program will not be Oroviding
bathroom exhaust fan treatments. ince bathroom tubs for showers are a source
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms haveoperable
bathroomexhaust fan capable of propefly exhausting bathroomit 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 passiveexhaust of
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Exhibit E-Property Owner Noise Insulation Agreement
bathroom moisture in a central m ildimn, t rm t mom design
survey process it i t buildings �ack a solidmet ell n
exhaust shaft. Due to this existingcondition, these originall if stillpresent)
have the potential to providetam for unwanted air, r gases into
condomMium Interior. The Property Owner agrees to assumel ii iil t for the
seaflng of odglnal wall vents in all bathrooms and for any andall negative impactsthat
may It if left untre,a,ted..
5. It is clearlybuilding 'violation to duct laundry r exhaust to the
KWBTS central exhaust shaft. In the vent a Property Owner has Incorrectly u
their laundry dryer vent to the t l building exhaust shafts, they agree to
correct this deficiency by prorl h ti their laundry dryer exhaust In an
alternative method that meets current building code, at their cost beforethe Initiation of
the m ion process. Furthermore, the Property Owner agrees to assume
any and allliability late the improper ducting of their laundry dryer exhaust,
6. The understands that the mom Improvements Mi not
addressiitbathroom fi tI m and/or excessive Interior humidity l l
generatedthe r r within the interior of the condominium. The Property
Owner understands full responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence or worsening of moisture Il mm tumor interior humidity
levels In the . In addition, -the Property Owner agrees to assume full
responsIbUlty for the maintenance r ti me of the NIP ventingmodifications after
,completion f the Program Improvements.
. The undersignedl r that allf the release, hod
harmless and Memnity provisions set fbrth in Paragraph 1 of this Exhibit E apply to
injuries, deaths, or damages sustainedin connectionit r as a result of any and all
Mtedor ventilation deficlenclesrm uln ft r the additionf the Program 'Improvements
including, but not limited to, high humidity, mold, mr ul W- m for lack of proper exhaust
ventilation. The provisionsf this Exhibit E shall survive the terminationr expiration of
the r Noise Insulation Agreement.
iunderslgned hereby agree that the terms and provisionsf this
ExhibitH be binding m and Mure to the tut of time undersigned andtheir
respective representatives, mew
T
Signature
Signature
rr�= 1
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Fitfitad Name
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Date
Printed Name
Exhibit E-Property Owner Noise Imuladon Agreement Page
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WITNESSES: PROPERTY OWNER:
1
Signature
Signature
i5fl—nted Name
Pdnted Name
Signature
Pdn ame
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WITNESSES: PROPERTY OWNER:
Signature
Si�na„ �,u, —-------
Ar—inted Name
Signature
Date
Printed ame
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i tt - ner o' a l o e 2