09/18/2019 Agreement/Easement-C111 �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
_ v :
Heather P. Faubert
NIP Assistant ) r Recorded 1n 10:49 AM Page i of a
THC, Inc.
710 Daculait 1
GUI , GA 30019i; s of
Insulation"IGATION EASEMENT
Key West International Airport
Noise i
THIS EASEMENT AGREEMENT is entered into ay of
", hereinafter #
as 'the Property Owner," in fir of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred
OwnerA. The Property is the I titleholder to in real property(nthe Property")
located in Monroe County, Flodda, particularly c ° follows,
Condominium nit 11 t , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium,
together with an undivided interest in the common elements, in the ci ti n of
Condominium thereof, recorded in Official Records Book 589, Page 370, n time to
f the Public Records of MonroeCounty, FL.
also identified # : "2601 S. Roosevelt Blvd., n1 "
B. The BOCC is the owner and operator of Key West Intemational Airport(KtheAirport") n
desires to make propertiesthat, through intedor noise exposuretesting, determined
incompatible as a resuIt oftheir exposure to aircrafti ti l r residential
purposes# u l°i the implementation i Insulation Program ("NI " .
UnderC. the NIP, # i ill design and install or pay for the installation of
improvements i ti to the to
intedor noiselevelsleast 5 dB and to bring the average Interior noise level below
dB in accordance with Federal Aviation Administration policy. Granting f an Avigation
Easement(REasement")'ls a BOCC conditionf participation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D The funding r said NIPwill include funding from the it is Govemment
pursuant to the irport and AirwayImprovement Act of 1982, andill include funding
from the , acting in its capacitythe owner and operator of the Airport,
E. The Property Owner desires to participatein the IP and has enteredinto
Owner Noise Insulation Agreement with the BOCC. The BOCC'simplementation
NIP will benefit the Property Owner and the Propertyproviding i ei I sound
attenuation ion on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels least 5 dB and bringthe average
interior noise level below 45 dB in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIPli i ilit l .change at some future
time, ut is currently based on the 2013Existing Condition ois
accepted by the I Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordancewith the current FAA Order 5100.38, it
port
Improvement Program Handbook.
H. it is the purpose of this n to grant to the BOCC a perpetual
avigation easement, on ternris as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to the Subject
Property through the NIP,the receiptwhich is hereby acknowledged
parties, in considerationn incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the PropertyOwner and its heirs, sins and all
successors in interest, does hereby grant, bargain, sell and conveyto the BOCC, it
successors i I avigation easement over the property. The use
of the Easement shall include the right to generate andi noise to cause other
effects as may be associated i the operation of aircraftover 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, duringoperation , o , to or from the Airport, and it being
the intent of the partiesh II such Airport ivit Ii be deemedto be included
'thin the purview of this Easement.
2. This Easement shall be perpetual in nature II bind andit title o the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator the Airport.
3. The Property Owner on behalfthe Property Owner, its heirs, assignsn
in interest, doesh y releasen n II related parties of the ,
including u not limited to BOCC members, officers, a s, servants,
employeesn lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of everykind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the possessed,
r will in the futurel itport operations or aircraft activitiesn
noise levels reI to or generated by Airport activity, or may hereafter have It
of use of this Easement, including but not limited the above-mentioned
property r contiguous property due to noise, and other effects of the operation of the
Airport or of aircraftlanding r taking off at the Airport.
intoo atlon i Airport iP—Avi aVon Easement(unit#C111) -... _ ®.....__. Page 2 of
. This a anent expressly excludesn reserves to the PrDperty Owner and to the
Property Owners a spa in interest, la i mn ,
damages, debts, liabilities, w attorneys' r expert's fee, or causes of action for
physical damage or personal injury caused by any aircraft or part of any aircraft using
the rent that does identifiablephysical rya, the property or injury to a person
on y by cominginto it physical contact with the rr r the person on
the
Should5. mt r party hereto or any of their successors r assigns in interest t i
counsel to enforceany of the provisions herein or protect its interestin anymatter
arisingn r this t,or to recover damages by reason of any allegedto of
y proAsion of this Agreement, the prevailingparty shall be entitledto allcosts,
damages and expensesincurred in l un , but not limited to, attorney's fees and costs
incurred in connectiontherewith, including appell t action.
loan of this Agreement is to be interpreted for or against any party because that
party or that partys legal representat raftedu m ui an. This Agreement shall be
interpreted an trued according to the laws of the t te of Florida.
7. No breach of ' i un of this m may aired unless in writing. Waiver of
any n to of any pmvision of this Agreement shall not be deemedto be a Waiver
of any other breach oft m r any otherip i u an of this t. ThIsAgreement
may be amendedan an instrument cut y the parties in interest t the
time of the modification. In the event that any one or more an t, condition r
provision nt i n r ul i held Mvalid, void or illegal by anycourt of competent
jurisdiction, the sameshall be deemedfrom the remainder of this Agreement
and shall in no way affect, impair r invalidate any other ° loan hereof so long as the
remaining provisions do not matedaliy alter the rights and obligations of the parties. If
such condition, covenant or other provision shall be deemed unvalid due to this scope or
breadth, such covenant, condition or other provision shall be deemed validto the extent
of the scope or breadth permitted low.
8. In the event the Airportl i i into than oneparcel, r the it r
portion thereof becomes subject to operation, management or admunlstrafion by a party
in additionto or in H a of the BOCC, then and in that event the i that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operater standard airportflight purposes, an that any such 'successor
in interest to the BOCC shall be entitledto allof the benefitsrunning to the BOCC
hereunder.
9. The Property r agrees that the Property Owner shall bear and be responsiblefor
l costs of maintainingtin any sound attenuation materials aan u ant
installed in the Property by or on behalf of the BOCC.
.
r �.__e .__. ...�
Key I�t I I -c NIP-a t rim .... t(unit ......1 i).._ -t Page 3 of
This Easement Agreement is executed as of the date first .
_. .... ... _._
• _....._
PROPERTY PROPEFRTY OWNER
g
"lei Signature
�
nx
Lk
3
� � frZ
:T }
% W"%
M,
l
` 1
0 Days
STATE
,
OF k ,,,,,: :,:, .....
The
i
i
foregoing instrument was acknowledged this. ,Nay of
mycommissict Jurft L WMa
ONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
m
.s�
Signs
'
Printed Name
Signaturef
Printed Name
r„Sds""
STATE OF FLORIDAfl`
COUNTY OF MONROE
The foregoing instrument was acknovAedged before me this day of , 0
b
Mayoras of the Monroe Countyo un Commissioners, body politic and corporate.
My I
N Commission Expires:Public ato SI H ....
N E ICOt1PITY. i' N0"
)'Al , a ,
R ' ' �
Key West International Airport NIP-Avlgatlon Easement-(Unit#Ct 11) Page 4 of 4
A$S! �°I A1'J'Tt` NTY ��D F!NEY
Address: Kev St bv the Sea
Name(s): MIleadows
(thisPROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNAT10NAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION AGREEMENT t") is made and
effectivelast below
corporation organized and existing' r the laws of the State of Florida "° ),
and the undersigned # ').
WHEREAS, the Property Owner is ! in 1
certaini property locatedin the City of Key West, County of Monroe, StateFlorida,
and more particularly fi t )! and
WHEREAS, the County Is t r of the Key West
International it "Airport"), it in the Cityt ,
State f Florida, and in close proximity ! and
desiresWHEREAS, the County i r the use and
benefit of tpublic unobstructed ! r i landing ,
takingC about the 1
WHEREAS, the !ected to participate in the Key West
Intemational 1rport's Noise Insulation ") and, as part of the
the Property Owner has electedobtain l l treatments
improvementsto the Property as more particularly
hereto (the "Program ®� , i t to be.�_ r by fi
he
County t no cost to t in exchange for the granting
f an avigationn r, across and through the Property, and
WHEREAS, the County ill enter into a constructiontwith a
general contractor tractor") to provide the installationf the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting
managera team assistant architect, mechanical electrical engineer,
acoustician i r selected by the County (the ");
and
WHEREAS, the r and the County mutuallydesire
to terms upon which the Property Owner will participate intreceive
the # the terms and conditionsi herein;
THEREFORE, in n ! i f the terms, covenants
conditions set forth , and other good and valuablei i , the receipt and
NoiseInsulation e t e l
sufficiency of which are hereby acknowledged, the Property Owner and the County.
hereby s Ilows:
1 Grant of Easement. Simultaneously withthe execution of this
Agreement, the Property Owner executed and delivered to t 'County vi tion
easement (the "Easement") which Easement has been recorded in the public records
f Monroe County, Florida. The Easementremains in full force and effect and i
hereby ratified in all respects.
. Program Policy Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program polici s,
the Program Manager has developed a series of Program Policy Statements outlining
construction and eligibilityrestrictions. The Property Owner understands that
prescribed Program Improvements ill be consistent with the Policy
Statements prvi the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
. Payment of Program Improvements. un agrees to pay for
the Program Improvements descri in Exhibft c 'h to. The Program
Improvements will be approved by the Property Owner and County, managed the
Program Manager, and performed by the Contractor.
4. Impeding Competitive i ert r shall not
impede or interfere it the C or's abilityselect a approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibitedhaving any
discussion or communication with the 'Contractor in relationt t , the
contractors bid, r this Agreement until er award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
f the County in its sole discretion, result in disqualification
cancellation of this Agreement.
6. Construction Contract. The County will award the contractfor the
Program I ve ftco n—ilstent withI and Countycompetitive bidding lici
and procedures. The contract will require the Contractor to complete
Improvements itin a time period defined by the Program Manager.
Post-Construction mRespo i li Ries. The Property Owner shall
meet all responsibilities andrequirements a i i to both pre-construction and post-
construction:
a. Prior to the start of NIPconstruction, the r shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.)from their condominium;
( ) Moving of all furniture and belongings into the "Designated
Storagecwithin the condominium, providing the required "clear " (white
..........
Noise Inudation Agreement Page 2 of2
space in sketch} for the Contractor. When doings , the Property Owner will have the
ability utilize the complete "floor to ceiling" space.
( ) Removing of all excessive furniturebelongings from the
condominium that will not fit i "Designated o ";
( ) Removing all window and door treatments (such as blinds,
drapes, plantation etc.) storingi t "Designatedt
Area".
( ) Removing all electronic and dust-sensitive items from their
condominium r wrapping withprotective poly before storingin the gDesignated
Storage ";
( ) Removing all wall hangings (such as mirrors, pictures, in
shelves, etc.) and storing in t "Designated c ";
( ) Moving all small items andbelongings into either the closets or
bathrooms s outlined in t "Designated St tc "
b. After completion of the NIPconstruction, the Property Owner shall
meet II Post-Construction requirements to include:
(1) Moving of all furniture belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
( ) Moving of any excessivei n belongings back into
the condominium;
( ) Re-installation of all wall treatments, oor treatments and
II hangings back to their original positions in theo iniu .
c. In the event the Property Owner falls to perform any and all of the
above - s ion responsibilities, the Owner shall be removedI
participation the Property Owner shall be liable to the Countyand/or Contractor for
any and all resulting damages and all direct andindirect I t to.
. In the event the Property Owner falls to performany and all of the
Bove Post-Construction responsibilRi , the Property Owner shall be liable o the
Countyand/or Contractor for any and all resulting damages and all direct and indirect
cos related thereto.
. I ink Construction. ion the
Improvements beg the Property Owner shall not. impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property duringion of the Program
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupyingthe Property impedes construction or
NoiseInsulation e t PPage 3 of 28
altersthe n tr ion schedule, the r shall be liable to the Contractor
and the County for any damages andall direct andIndirect t related thereto.
8. Safe ri Environment. The Property Owner shall be responsible
r providing a safeworking environment t r the Program Manager, Contractor,
subcontractors, suppliers, County, State andl Inspectors.
Throughouta. all phases of design and construction of the Program
Improvements, the Property Owner sh,Wl be responsiblefor:
t) Providing a workingenvironment that i free from potential
health , blohazard conditions, chemicals,is of any
n r explosives;
Refraining verbal abuse or profanity;
(3) RefrMNng from aggressive physical contact; and
Insuring that all pets arecompletely t u red and contained.
. In the event the falls to meet any of the fbregoing
conditions, the r , at the our w discretion, be temporaft
suspended t any time. In such event,,theManager shall notify the Property
Owner in wrtUng, stating the correctivei r condition(s) required to be
completedr performed by the Property Owner prior to the County resumingthe
process.Program
W In the event the Program process is not resumed due to the
Property Owners fallure to completethe r ivy action rcondition(s)
required y the Program Manager, the Property Owner shall be liableto the County
and/or Contractor for any and allm lu direct and indirect costsrelated
tart .
. If the Program process is resumed, the Property Owner shall be
liable to the Countyand/or Contractor for any and all damages andl direct andIndirect
costs related a the temporary r u rm u n of the Program process.
9. Construction l ys. During the construction , the Contractor
may experience n complications tul to the Installation of the Program
Improvements.mats, T tar t H i that delays related t these
untocomplicationsn the controlof the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction l
may lso be revised if there is l In. uI of the t r If the Program
Improvements h to be re4din the event of lack of bidding contractorsr failure
of the lowest responsive, responsiblebidder to executethe con'tract, payment
and performance n r show proof of requiredI m .
to Scoge of The Program Manager reserves the right
to make changes to the plansspecifications and the Program Improvements, t its
__........ ............ ..........._. ........
Owner Noise lkswf tiara Agreement Page 4 of 28
sole discretion, t any time duringc vi such changes do not
reduce the scope or quality of the Improvements described in Eghlbit Q and
such changes are na si t the discoveryi ! l not readily
detectable d I property inspection procedures.
11. _Acceptance mPo.Work. n completion of the Program Improvements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to determineif they were completedu the terms of the
contract. The Program Manager retains solediscretion utrit n program
conformance ! sus as they relate to the Coritractor, subcontractors,
suppliers acoustic esi n . The Property Owner is requestedto attend the
Substantial Completion Inspection and provideinput to the Construction Manager with
respect to the identified punch-list items. In iti , the Property Owner is welcome
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they releasesurrender their ability
provide input to the Construction Manager with respect to the acceptance the
Program Improvements. In the eventthere is a disagreement between the Property
Owner and the Program Manager as to a conformanceor performance issue, the
OwnerProperty shall be requiredto submit the discrepancy in writingMonroe County
(representative 1 construction ) within 7 days of the
inspection giving dse to the discrepancy. Monroe County shall then make
determination to the acceptability the conformance/performance conformance/performance issue and any
remedial action that may need to be taken. Monroe Countyshall be the final arbiter of
any oonibrmance/perlbrrnance/issues. Failure the Property Owner to submit the
written complaint it i the time period specified ve shall thereafter foreclose
Property Owners dght to filesuch complaint.
1 . Termination . The Property Owner understands that
the signingof this Agreement initiates
rt ID and CONSTRUCTION
the Program Improvements o in accordancei the Program.
Therefore, if the Property Owner attempts to terminatethis Agreement or otherwise
impedes the progress of ther the Improvements after the award
of the construction contract, the Property Owner will be liable to the Countyfor any and
II damages and all direct and indirect thereby.
13. Warranties. The County does not represent or warrant the level
noise reduction that the Property Owner will experience within the Property as a result
of the Program Improvements part of t .
. The County agrees that its contract withthe Contractor will include
standard one (1) year warranties from the Contractor for all matedals and workmanship.
Such one-year warranty pedod shall commence as of the time the acceptance of the
work s provided for in Paragraph 9.
b. At the end of constniction, the Program Manager will provide the
OwnerProperty with a Warranty & Final Closeout Package which will contain copies
e warranty policies, product instructions, design documents and legal documents. As
condition of receivingFinal Closeout Package, Owner
®..............
_ ...........
.
P�vpeny Owner Noise Insulation Agreement Page 5 off
must first submit a completedI n r 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 d' r among productmanufacturers. In the eventof claim, the
Property Owner is solely responsible for pursuing all future u my issues
directlyith each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contactthe Contractor or product manufacturer directly t
coordinateired warranty service andto look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty i ( :
(1) The Property Owners inquiry is not directly relatedo either
construction warranties or product warranties (such as windowcleaning r product
maintenance) regardless of whether the Property Owners inquiry riduring one-
year warranty period from the Contractor or thereafter,
( ) The Property Owner believes that warranty service i
requiredit construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Propertyr believes that service is requiredwith
respect to productissues, the advertisedwarranty period for the product
not expired, the manufacturer is currently i is i n
( ) The Property Owner believes that service is requiredi
respectto product warrantyissues, the advertisedperiod r the product
has expired.
1 . Pre-Existing Defici nci . The Property Owner will be requiredt
sin Exhibit Q (Deficiency Hof le ) which will Impute all
responsibility liability the Property Owner for any andII present Pre-Existing
Deficiencies the Property, whether seen or unseen.
1 Pre-Work _Reguirements. The p n r will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIPacoustic modifications. Theall
desimatedPre-Work items utilizing it n fun s , r Mthe requireddeadlines s
establisho by t I In the event the Property Owner falls to completethe
designated Pre- items by the established l e lin , the Property Owner shall
removedbe I participation t shall be liable the County
and/or Contractor for any and all resulting damages and all direct and indirect
related thereto.
1 . CClIty of Key West "Hard-Wired" Smoke AI i n . In
compliance with the Cityof Key West Fire Marshall and the CityBuilding
Department construction permit issuance i , the Property Owner will be
requiredto install 1 -volt "hard-wired" smoke- alarms in their condominium i
�.... ...__...............
Aropery Owner Noise Insulation Agreem et Page 6 ofl
accordanceit II applicable codes and regulationsthe requireddeadline
established the NIP. The Property Owner will be responsibleo ensure that the
smokel not ln�i&hled in same areaswithin the condominium
modificationN work will occur, to avoid anF, otential impedance to the NIP construction
Rmcess. In the eventthe Property Owner falls to install the designated "hard-wired"
smoke alarms by the established NIPdeadline, the Property Owner shall be removed
from NIP participation.
1 pqrWlqp f Pro ram Process. h ss 'may be
temporarily u t any time duringiand/or construction phases upon
the discovery o Deficiencies to their potential ! the Program
Improvements and product warranti . The Program process will not resume until the
Property Owner has corrected all related problems to the satisfaction of the Program
Manager. In the event repairs are not completed in a timelymanner, the Property
Owner will be liable to the Countyr any and all damages and all direct and indirect
costs due to delayand/or stoppages of the work.
18. Limitation on, Alterations to the ert . The Property Owner
agrees not to make alterations, or to permit any tenant occupyingy portion of the
Property to make alterationsto the existingwindows, doors and/or walls from the time f
the Design process until the construction of the Program Improvements have been
completed. xc is to this rule must be pre-approvedin writingy the Program
Managen Failure a o this i t may, at the option of the
Manager in its sole discretion, l in an immediate suspension of the construction o
the Program Improvements the Property. The Property Owner will be liable the
County for all direct and indirect costs associatedwith unapproved It io
damages related thereto.
19. Pre andost- onst ion Nolpe T inkProcess. - & post-
construction noise testing is a very important Program process that is designed to
measurend determine the actual achieved noise level u ion level at treated
properties. If selectedManager for post-construction noise
testing, the Property Owner agrees to provide accessto their property for testing
agrees to not to make alterationsthe interior of their property (with the exception
repairs of Deficiendes) the time t - t ion noise to the
post-
nstr ion noise test. In an effort to insure consistentnoise data collection, the
OwnerProperty also agrees to preserveinterior layout of fumiture, floor coverings
and window treatmentsthe time_qf - s ru ion noise t _ jp __-
construction noise . The Property Owner understands thatthe failure to adhere to
this requirement may resultin corruption of the noise testing , the
Property Owner understands they may be liable the Countyr any direct andindirect
noise testing in the event these requirementsnot met.
20. Cooperation. o ly requested, the Propertyr shall
cooperate withh r, the Program Manager and Monroe Countyin the
performanceall phases of the Program Improvements including, t not limited to,
the removal and reinstallations, wall hangings and fumiture
..... _�. .._ . —........�
AroperV Omer Noise Rion et Page 7 of 28
21. Utilltle& The Property Owner shall permit the t r to use, at
no t to the Contractor or the County, existing utilitieslight, heat, power and
water necessary to carry out the Program Improvements.
22. N n and Bid Process Access, At scheduled times and/or upon
not less than - r notice i r ), the
Property Owner agrees to provideto the Programr, Contractor, subcontractors,
suppliers, it , County, Statel inspectors and consultantsto the
Property to collectl ll final design and1 ' itcould
include, t not be limited to, property survey, design survey, hazardous material
inspection, pre-noise testing n pre-bid i it. In the event the Property Owner failst
pmvide access to the Propertyr allrequired 1 lgn and Bidrocess visits, t
Property Owner shall be removed from NIP participation.
2& Pre-Construction Access. The Property Owner agrees to provide
access to t - i t (48) hours pdort 1 1
construction. i tvisit will provide the Programmt the abilityto ensure
that t Owner has met all fumiture storageresponsibilities. itcould
result in the suspensionf the scheduled1 rr tr i n and the Property Owner shall
be liable to the Countyr Contractor for any and all resultirig damages and all direct
and indirect is related thereto.
24. Pre and t Construction Access. At scheduled times r
upon t less than twenty-fbur houm advance noticei ii andlor letter)
and r the established1 tion schedule assignment, the r
agrees to provideto the PregnarnManager, Contractor, subcontractors, suppliers, City,
County, State and federal i nd consultants access to the Propertyto pmvide
11 required NIPt 1 t- t In visits. These visitscould
include, t not be limited to final measurement, pre-construction inspections, i f
Designated i t , post construction inspections post-
construction i testing. In the event the falls to pmvidefor all
required NIPt Construction visits, the Property Owner shall be removed
from NIPi i ti n Owner shall be liable to t r
Contractorfor any and all resulting damages and all direct andindirect 1 t
thereto.
Construction25. 1P construction
contract, the Contractor will provide the ram Manager with their final construction
whichill include the required r of calendar days to completethe NIP
construction in each of the participatingii this , the
ManagerProgram will assign each Propertyr with a designatedr of
calendar days in whichn t i ll occur in their condominium. The Property
Owner agrees to relocatetheir condominium for the entirei time period. In
addition, the Propertynot to re-enter their property fbr any reason during
their assigned construcUont to safetyr the potential to negatively
impact the Contractor. In the event the r falls r i r their
assigned constructionti period, the r shall be removed from NIP
Propeny Omer Noise Inniation Agmement Page 8 of28
participation the Property Owner shall be liable to the Countyfor Contractor for
any and II resulting damages and all direct and indirect t lat thereto.
26. Construction Period Extension_Due to Hurricanes. Since the I
construction period will extend into the Key West hurricane season, there is potential for
construction delays and/or stoppages, y nt l of the Contractor, in the event
of a threat of an approachingfor an actual hurricane event. Due to this
possibility, the PropertyOwner understands that delays may occur in addition to their
originally asin n ru ion time period, i o t any fault or cost to theContractor
Manager.and Program Furthermore, the Property Owner agrees to relocatetheir
condominium r all additional calendar sulting from NIP construction
stoppagesto a hurricanethreat or event at no cost to the County, Contractor and/or
Manager.Program In the eventthe Property Owner falls to providethe required
additional access to their condominium due to hunicane-relatedstoppages, the
OwnerProperty shall be removedI ici tion and the Propertyr shall
e liable to the County for Contractor for any and all resulting damages and all direct
and indirect It thereto.
27. Discovery Pre-ExistingDeficiencies During Construction. In the
event the Contractor discovers - isi deficiencies t the Property duringthe NIP
construction process that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repait and remediate such in an
effort to reduce any negative impact on the scheduled r ion period. The Property
Owner understands that, depending on the timingpre-existing deficiency repair,
the NIPconstruction period may needo be extended, at no fault of the
Manager or Contractor.
28. Impact f Unforeseen KWBTS Buildin _Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
y arise duringthe NIPconstruction may haveof i I to increase the original
scheduled ion of construction, which is not the faultr nor
Contractor. The Propertyr needs to plan for t 'Worst-case" possibility
originally-scheduled con ion completion date may be delayedadditional days
due to unforeseen building conditionsthat may arisecomplicate the NIP
construction.
29. Existing in, l Door Treatments,_ Shades andBlinds. The
OwnerProperty understands that, after the installation of new NIPtic_vAndow and
doors, the existingi n for door treatments, n blinds not be
compatible nor able t re-Installed ize differences between the
existing windows .
30. iin3 Crown M91ftk, During installation of thenow
acoustic windows and , the i ill be providingreplacement
interior trim sills. The Property Owner understands thatthe NIPI c e ri
ill not match custom and/or specialized crown moldingand/or custom window
and r trim. After the completionthe NIPmodifications, the Property Owner will
have the abilityto rn akemodifications the NIP interior trim at theiron expense.
Owner i .1 lation Agreement Page 9 of Z
31. Communication ReqyjMments. The Property Owner agrees to
ll I emalls and/or letters in a timely fashion which are being
read and review aV—
provided by the NIP to ensure schedule confbrmance, In the event the Property Owner
falls to meet this requirement, it could result in removal from NIP participation.
32. Title Examination. The Program Manager has obtained or will
obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens and/or title defects.
33. Coo)eration in Clearini. Title'. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (1) correct any title defects affecting the Property which,are disclosed
by the "Abstract of Title" and in the sole determination of the County may serve to
invalidate the Easement, and (11) secure the wdften consent of any and all mortgage
hoI ders to the Property Owner's conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the uT!tle
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
® Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager,and/or Monroe County.
b. After final completion of the Program Improvements, the Property
Owner shall assume the responsibility fbr maintenance and operation of tile items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and operation of
the items.
® Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign Exhibit E (Ventilation of Hanniess Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
® Salvage of Material mipment. If the Property Owner desires
to retain any of the material or equipment removed from the Property as a result of tile
Program Improvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the Property Ownees sole risk
and expense. The County assumes no responsibility for the condition of the material,
equipment or surrounding surfaces as a result of the owner-requested salvage. The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those it to be salvaged. In the absence
Pmpeny Owner Noise Imulation Agmement Page 10 of 28
of such a written agreement, all items shall become the property of the Contractor.
Materials i not listed for salvage by the Property Owner shall become the
property of the Contractor.
37. ProRerty Insurance. ring Program construction period, the
Contractor will provide bull is risk insurance for the Property. The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain
homeowner's insurance oil for the durationthe construction of the Program
Improvements. perty Owner understands t, following final completion, the
Contractor's builder's risk insurance ill cease, and it is advisabler the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
. i n, Effects',, o s uc ion. The Property Owner
understands that there is a chance t construction itself may exceed the ors
original projected construction time period. The Property Owner also understands that
the ion may involve substantial inconvenience and coul n significant
quantities of dust and debrisrendering portions of the Property uninhabitabler
extended periods time.
. Labor andMatdriaj Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the Program Manager,
the Countyits officers, employees, agents, consultants; contractors
suppliers to issues relatingto then of labor, materials and
acoustic designs utilizedin the Program Improvements. of in in thisshall
limit ar ni r materials and workmanshipin in the contract with the
general contractor.
40. Sale of PrODerty. In the v the Property Owner sells, convoys or
otherwise nsf title to thethe completion of all phases of the
Program process, the Propertyr hereby agrees to provide the buyer with a copy
of this t prior to the closing the sale, v r other transfer, and t
transfer ll of the Property Owners responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyanceor other transfer of
the Property.
1. Waiver. No waiver o , acquiescence i , or consent to any breach of
any term, covenant or condition hereofshall be construed as, or constitute, a waiver ,
acquiescencein, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
. Release—of Easement. In the event that this Agreement i
cancelled or the County determines that the Easement should be releasedof record,
the Property Owner, upon writtenthe County, II pay to the the
sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation
recording of the Releasein the public records
County, Florida. e r understands that it is the Property Owners
responsibility to insure suchpayment is made in order to "clear" the title
�.... _.__... _..� _.. __....._ _.
r e o• r o Agreement a 11 o a
43. uhnt cut n Behalf t y solution . 1112004, -
,r.aw _ .
my motioned lawfully li meeting, the Board of
County Commissioners f Monroe County, did, on the 17th day of March 2004, grant full
authority for the CountyAdministrator to executethlisftreem_enton 7behalf of the
County without further action by the Board of County Commissioners.
44. Attachments. c this Agreement include the following,
hick are incorporated into this Agreement by reference.
a. ExhibitPolicy Statements.
b. Exhibit : Legal Description
c. Exhibit Improvements.
d. Exhibit : Deficiency Holdr I s nt
e. ExhibitVentilation Hold HarmlessAgreement
5. I itios.
a. _r i q Law, V . In uAt__ i i
a.w.-and Fees.
....
(1) This Agreement shall be governedt in
accordance with the of the State of Floridaapplicable to contractsn
performed entirely in the State.
( ) In the eventt any cause of action or administrative
proceedingis instituted r the enforcement or interpretation this Agreement, the
County r agree thatvenue will lie in the appropriater before
the appropriateadministrative o in Monroe County, Florida.
(3) The Countyr agree that, in the evento
conflicting interpretations the termsr a term of this Agreement by or between any of
them, the issue shall be submitted i tion prior to the institution of any other
administrative or legal proceeding.
( ) The Countyr agree that in the event any
causeion or administrative proceedingis initiated or defended by any party
relative to the enforcement or interpretation of thisAgreement, the prevailingshall
be entitled o reasonable attorneys' fees, court costs, investigative, n out-of-pocket
expenses, as an award against the non-prevailing party® Mediation proceedings
initiated conducted pursuantto this Agreement shall be -in accordance with
FloridalCivil Procedure and usual and customary proceduresi the
circuit urt of Monroe County.
. Bind i _ ., The terms, covenants, conditions, and provisionso
this Agreement shall bind and inure to the benefit of the Countyand Property Owner
and their respective legal representatives, successors, and assigns.
_..®_. _...�..__ ... _ .............. __
Noise Imulation Agreement Page 12 of t
c. Severability, If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent judsdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby, and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. Authorit . Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by law.
a. Duration of Agr is Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property.Owner and by
the County and shall remain in effect fbr a period reasonably required 'to effect the
Pmgrarn Improvements (the "Term"), except as may be sooner terminated in
accordance with the provisions of this Agreernerd.
f. Acceptance of antg G�Ifts , Assistance Funds r e t B gess. The
, gr 2_ --gL_
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. Qlairns fog 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
approv ed by the County prior to subm isslo n.
h. Adludication of Dis utes or Disagreements. The County and
Property Owner agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
1. Nondiscrimination. The County and Property Owner agree that
there will be no discrimination agaire 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
V1 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 U.S.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
...........—----------Ptvpeny Omer Noise Insulation Agreement Page 13 of 2-8---
prohibits discrimination on the basis The Drug Abuse OfficeAnd Treatment
Act of 1972 . amended, relating nondiscrimination mn the basis
drug abuse, (5) The Comprehensive Alcohol Abuse AndAlcoholism Prevention,
Treatment .and Rehabilitation . w - amended, Watin t
nondiscriftnabon on the basis of alcoholr alcoholism, (6) The Public lath
Servicet of , ss. 523 andand - amended,
relabng to confidentialityalcohol and drugpatient The Americans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), may time
time, relating to nondiscrimination on the basisI slit ; (8) The FloridaCivil Rights
t of (Chapter 760, Floridat t t i mn 509.092, Florida Statutes),
may be amended m time to time, tlrm to nondiscrimination; (9) The Monroe
Countym Rights I (Chapter 1314, Article Vill Sections 13-101 through
-t may be amended m time to tirne, relating to nonftcdmInatlon; and
any other nondiscrimination provisions In any federal or state statuteslocal
ordinances Ibl m may I to the parties t , or the bj matter of, this r m nt.
j. the any nt r I Inn
instituted against either Cooperation, In Wating to the formation, utl mn, performance, or
breach of this mrmn t, the Countyand m agree to participate, to the
nt-required by the other party, in all proceedings, hearings, processes, meetings,
and then activities related to the mud this Agreement or provision of the
servicesunder this mnt. The County inn inner specificaUy agree that
no party to this Agreement shall be requiredto enter into, It tl inn proceedings
relatedto this rrme ant or any Attachmentr Addendum to this .
k. Books _, and Documents. The County innProperty r
shail maintain mind documents directlym l ant to perfon-nance under
this ant In itlln generaUy acceptedaccounting l l
consistently ll to this Agreement or their authorized representatives
shaIl have reasonabletimely l to suchother party to this
Agreement for audit purposes duringthe term of the t and fbr four years
IbUowlng the termination of this r m mnt.
1. Covenant of No Interest, The County 'and m
covenant that nefther presently has any interest, inn shall not acquire any interest,
'which would conflict in any manner r degree vA,th its performance under this
Agreement, n that onlyinterest of each is to performand lve benefits as recited
in this m ant.
m. Code of Ethics. The Countythat the officersand
employees t ant mnl and 'II be requiredply Wth the standardsof
conduct relating to publicm innd employees as delineatedIn Section 112.313,
Florida t t min i but not limited t , �l It tl o inn or acceptance of gftdoing
business It one's agency; unauthorized compensation, misuse II position,
conflicting mmm l ant or contractual relationship; and disclosurer use of certain
information.
Noise h=ladon Agreemew Page 14 of 28
Solicitation/Payment. County n r warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bonafide ploys i solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bonafide employee working solely for it, any fee, commission,
gift, or other consideration contingento r resulting from the award or
making of this Agreement. For the breach or violation of this vision, the
Owner agrees that the County !I have right to terminate this Agreement without
liability n its discretion, to offset from monies , or otherwise v r, the full
punt of such fee, commission, percentage, gift, or consideration.
o. Public Access. The Countyand Property Owner shall allow and
permit reasonable access to, and inspection o , all documents, papers, letters, or other
materials subject to thevisions of Chapter 119, Florida Statutes, r
received y the County andOwner in conjunction with thisAgreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provisionthe Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including t not limited to Chapter 119, Florida
Statutes and Section 24 of articleI of the Constitution of Florida. The Countyn
Property Owner shall allow andpermit reasonable access t , and inspection of, all
documents, , papers, letters or other " lic materials in its possession
or under its control subject to the provisions of Chapter 119, Floridatutand made
r received by the County and Property Owner in conjunction wilth this contract and
related n . The Countyshall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure
OwnerProperty to abide by the terms of this provision shall be deemed a material
breach this contract and the County may enforce the this provision in the
form of a court proceeding and shall, as a prevailingparty, be entitledto reimbursement
of all y's fees and costs associated withproceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult withits advisorsout
Floridalic Records Law in order comply with this vision.
Pursuant to F.S. 119.0701 and the terms andconditions this
contract, Owner is required :
(1) Keep andmaintain lic records that would be requiredy the
County the service.
( ) Upon receiptthe Countys custodian vi the
County it of the requestedr allow the records to be inspected or
copiedit i reasonable time t that does not exceed the cost provided in this
chapter or as otherwiseprovided 1 .
( ) Ensure that public records that are exemptr confidential and
exemptu lic records disclosure requirementsnot disclosed except as
Propeqv Owner Noise Insulation Agreement Page 15 of 28
authorized law for the durationof the contract term and following pletion of the
contractif the Property Owner does not transfer the records to the County.
( ) Upon completion of the contract, transfer, t no cost, to the
Countyall public records in possession of theOwner or keep and maintain
public records that would be requiredthe County to perform the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the PropertyOwner shall destroy anyu lic t lic records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirementsr retaining public records. All
records stored l is Il st be providedto the County, upon request from the
County's custodian , in a format that is compatible ih the information
technology systems of the County.
( ) A request to inspect or copy public records relating to a County
contract t be made directlyto the County, but if the County does not possess the
requested , the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected r copied within a reasonabletime.
If the PropertyOwner has questions regarding the application
Chapter t 19, Florida Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at ( )
292-3470.
. Non-Waiver of Immuni ith nin the provisions of Sec.
768.28, FloridaStatutes, the participation f the County r in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance v , or local government liability insurance pool coverage shall not be
deemed a waiver of immunity the County.to the,extent of liability coverage, nor shall
contractany me into by the County be required to contain any provision for waiver.
. FdMijqM and Immunities. All of the privileges and Immunities from
liability® exemptions from laws, in c rules; and pensionsand relief, disability,
workers' compensation, and other benefits ich apply to the activity of officers, et ,
volunteers, or employees of the County, i their respective functions
under this Agreement withinterritorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outsidethe territorial limits of the County.
r. legal lir, Lions and Responsibilities, n- latin o
Constitutional or S Duties., This Agreement is not intendad t , nor shall it be
construedlievin participating nti from any obligationr responsibility
imposed upon the entity by law except'tothe t of actual and timely
thereof by any other participating entity, in which case the performance may be oft-red
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
t , nor shall it be construed as, authorizingthe delegation of the constitutional or
statutory ti the County, except to the extent permitted y the Florida constitution,
.�opery Owner Noise Insulation Agreement Page 16
state statutes, law, and, specifically, the provisionst w
Florida Statutes.
s. Non-Reliance by Non-
to rely upon i
terms, r rl 9 r unto shall tits
s this Agreement to enforcer attempt t
enforcethird-party i r entiflement to or benefit of any service or program
contemplated hand r, and the County and Property Owner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to Worm, a 1, or otherwise indicatet any particular individual r group
f individuals, enflty or entities, have enfltlementsr benefits under this m t
separatert, interior t , or superior to the unity in general or 1br the
purposest mph t in this Agreement.
t. Aftestaflons, The Property Owner agrees to execute such
documents as the County may reasonably require in the perl'brmance of the obligations
and duties of the County or Property Owner under this Agreement.
Personal _blrfty. No covenant or agreement contained herein
agentshall be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no
r employee our shall liableHy arm thisAgreement
r be
subject to any personal Rabllity or accountability by reason t' the execution of this
Agreement.
. Execution n.n Countemarts. ThisAgreement may be executedin
any number of counterparts, ft ll be regarded a an original, Wi of which
taken t ther shall constitutethe same instrument and any of the parties
heretoy execute this Agreer t b,y signing y such counterpart.
Sectionw. ulun . Secftn headings have been inserted in this
Agreement as a matter of convenienceof reference only, and it is agreed that such
section headings not a part of this e t and WH not be used in the
interpretation of any provision of this r m t.
OwnerProperty isInsulation Agreemento
IN WITNESSr and the County have
executed this Agreement as of the day and year first above written.
PROPERTY OWNER:
Signature
` I rm6re
L "
s
Printed Neme Printed Name",fli—
# + <r
hy
r
Sig sture Date
Pff
l
n
—ted Name
....___
.......__._......... _...
W`7N SE PROPERTYOWNER:
tu
r- ,m-
o_
Printed Name
Name
17
81grpture �...� �
Printed ;
�-
MONROE-CO ', BOARD OF COUNTY
K
,yw
w�
• tl�."' ....._..�.�.. , ...__.._
,
COMMISSIONERS:
(deal) MAYOR/CHAIRMAN: '
Attest: ~
V1 - L szYv.��
N ,�IUR �
3
s
s �
y. d
Deputy Clerk Signature
F�
s
Pate
E COUNTY Ali�
NEY
e Noise Insulation Agmement �'�
as�,l o
MW
POLICYPROGRAM
Exhibit
To
Property Owner Noise Insulation
A. Air Conditioning: General Restrictions. Whileproviding a new ductless "mini-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
2. II refrigerant lines (running from the balconycondensing unit) will be installed
consistent with KWBTSo policy rules, maintaining maximum height of 48
Inches.
3. All condensate lines will be Installed n the building exterior consistent wfth KWBTS
Boardlic rules to ensure the highest level of consistency and building
architectural aesthetics.
4. II interior AC lines (reftigerant, condensate, lc °cal) and Energy Recovery
Ventilator ( ) ducts will.be housedin new vertical wall and comer pilasters is
III be constructedto match the qualityof existing walls. The number and locations
of the now vertical wall and comer pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIPexecutive rchi ill
review this information it your at your NIP DesignReview Meeting.
5. Only electrical service panels that are determinedthe Program Manager to be
deficient will be replacedthe Program as a part of the Noise Insulation Program
modifications.
Window,B. III Reollacernent. Dueto the presence of asbestos, the NIPill provide a
new custom wood surround and sill instead of the existing board surround. 0
to this revised plan, existing custom sills (marble, nit , wood) will not be replaced.
This revision will be an improvement, while decreasingn ri ion costs and improving
time efficiencies.
MoldingC. Custom Crown ritl
The new asbestos tm requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as odginallyassumed), which will not
allow sufficient time for the awarded general contractor to secure custom matched
replacementtrim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing wood trim flush to the face of the new pilaster or
thru wall ae4nflll. At new pilaster locations and, if the thru wall ac inflll abuts the existing
baseboards, the contractor will install a standard ( " x 5-1121 painted woodtrim t
abut the existing trim, rather than attempting to matchthe existing custom trim files
and materials. After the completion of the NIP construction, the property owner will
Exhibit A-Propeny Owner Noiseat' t Page 19 of t
have the option to replace the installed trim with other custom trim to rn a*tcl--i the existing
materials and profiles.
D. Door Thr9shqld_H9l_qhts. Due to stdrigent Florida hurricane impact and water
inflit building codes, all new aluminum acoustical prime entry syAnging doors and
sliding glass patio doors will have thresholds that are considerably higher (frorn the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water infittration during
a hurricane,
E. KWBTS Asbestos Testing
As required by state and federal requirements, THC conducted asbestos testing on all
participating KWBTS condominiums in Buildings A, B and C during the November 2017
to Apdl 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board Joint compound, window glazing, and extedor
window and door caulking. In addition, random exterior stucco samples were collected
on both the "walkway" and 'courtyard / balcony' building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
- removal of portable "through-wall" AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
- construction-of vertical it pilaster's required for installation of the ductless
AC system & ERV ducts,
- construction of closet soffit for installation of the ERV.
F. Asbestos Abatement Reguirements
In the event oy samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
If se V lea ghow a pregence of ACM < I Q/o
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
............
- —— -------- ......
EAibif A -Proper&G�mer Noise Inm1ation Agmement PW 20 of 28-
'sa� -les sow
I contr� 11 asbestos abatement procedur
r es as
I h
e
T in N
d ooted by the E EPA) to include:
- Construction of ACM containment barders in all areas (walls, ceilings, closets,
windows(doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications,
- Abatement and bagging of ACM (resulting ftm demolition process) by
certified asbestos abatement staff.
- Air sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement) workers.
will be required to provide executive oversight 'of all ACIM 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 period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestDs abatement procedures, the FAA
wIII require THC to develop a design and construction plan that minimiz"—es the
disturbance of ACM to ensure the minimization of constr—ucdoncosts,
duration, and liability to the contractor and KWBTS property owners. This plan
wIll result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authorltv of Deakinn,mw Decisions. The KWBTS Board will have the
AutFio—d-Ri to make several of the Program design decisionsto include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless 'Mnl-Spliter AC System Installation Requirements
5. Interior Ductless "Mini-Split"AC Systern interior it Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
Exhibit A-Property Owner Noise 1wulation Agreement Page 21 of 28—
LEGAL DESCRIPTION OF PROPERTY
Exhibit
To
Homeowner Noise Insulation Agreement
Condominium Unit 111-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
Condominium, ith an undivided interest in the common elements, according
the Declaration 1 thereof, in Official Records Book 589, Page
370, as amended from time time, of the Publicf Monme County, FL.
... _._...............
�.e - _ _. _.......
Exhibit -Propeny Owner Noise Insuladon Agreement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
191 Architectural Drawings
6 Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Fahibit C-Prop"owner Noise Imulation Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit 0
To
Propefty Owner Noise Insulation Agreement
1 in partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
descdbed In'the Agreement of even date herewith (the "Agreement") beMeen the Couryty
and Property Owner and to which this ExhlhN Q is attached, the undersigned, for and on
behalf of the undersigned and ftie heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifie's and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
oonceming 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 consequence,s thereof, and any of the foregoing which may accrue to the
undersigned or their r1espective heirs, personal representatives, successor's and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(Including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either"Minor" or"Severe".
5. The Property Owner assumes full responsibility for the worsening of any
documented Minor Deficiencies.
6. In the rare event *Severe" Deficiencies are identified dudng 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 nareavent that "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to Complete
Exhibit D- r Noise Inulation Agmement P.a.ge 1 24 of2 1 8
necessaryi o the Property, to the acceptanceof the Program Manager t
minimize n delay or stoppages of work.
7. The undersigned acknowledge and agree that all of the release and hold
harmless and indemnity vi ion in Paragraph 1 of this Exhibit Q applyt
property damage, injuries, , or damages arisingfi i i for all
negative impacts that later result after the additionof the Program Improvements. h
provisions of this Exhibit D shall survive the terminationr expiration of the Property
Owner Noise Insulation .
8. The undersigned he terms and provisions of this
_ II binding i t undersigned it iv
h i l representatives, successors and assigns.
�_.
WITNESSES: PROPERTY OWNER:
Signature _._._ ... �5 �,
S n
PHn d a e
wi`l t
s A
f i Printed Name
1
x � pp JL v�mna�n�
1'aatur f
�_ _
u�
�t� i -- ate
; ,anted Name
_ _.... 3.
® PROP NEAP
Signature
s �e�
, I g Stu% ail � _.
—
ri Printed Name
JL
flat"'.
m --
i
Signature
w
w
f n
Date
Printed Name
POPEOWNER:
_.....E _..._.......______
WITNESSES:
Signature
i .......
Printed Name
Odriw—Name
—Signature _
x. __ - w
i na w
Printed Name _ Qate
....... �...__......
�
i it D-Property Owmer Noise Insulation.Agreement Page 25 of2
VENTILATION
Exhibit
OwnerTo
Property Noise Insulation
7. In partial consideration of the compensation e paid on behalf of the
Countyn e Program for t -Improvements to be made to the Property
described in the Agreement of even date herewith (t "Agree ) between the County
and Property Owner and to whichthis Exhibft _ is attached, the undersigned, t and on
behalf of the undersigned an the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifies
covenants not to s , institute claims it, or institute any proceedings against, the
County, or any of its agents, officers, l consultants and/or contractors
conceming any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature c t of bodily injuries or death, damage to the
property n the consequencesthereof, and any of the foregoing hick may accrue
the undersigned or their respective heirs, personal representatives, successors
assigns in connection with any and all Ventilation Deficiencies ( h "Deficiencies") against
said un r any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
. The Program Improvements may include t 'addition of acoustical
windows andremoval and infilling of "through-wall" portable air conditioner units
and the addition of a replacement ductless 'mini-split" it conditioning system. Because
these modifications will result in a tighter i t ri r environment theeliminationof
II passiveinside / outside it leakage that naturally in all openings, the
Program ill also include the addition of a energy recoveryventilation ( ) unit which
AII provide an adequate c inside / outside air to the condominium
required building .
3. Given the tightened interior environment of the treated o iniu , the
Property Owner agrees-to assume full responsibility for the proper operation of the
Programu I ss AC system and energyrecovery ventilation ( ) unit to avoid t
potential fbr mold and moistureproblems, specially during periods when the
condominium is closed n uninhabited.
4. Due to FAA eligibilitylimitations, the Program will not be providing
bathroom h n treatments. i t tubs and/or showers are a source o
moisture generationin the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom capable ri exhausting o moisture o the exterior
f the building. It should also be noted that the original KWBTS condominiums
constructed i all wall vent that was designed to allowthe passive
Erhibit E-Property Owner Noise Insuladon Agreement Page 26 of 1
bathroommoisture in a central bufldlng exhaust shaft. DurI the Pr n
survey process it was d&overedthe KWBTS buildings lack ii central building
exhaust, shaft. Due to this existing con
dition,, these original wall vents (it still present)
have the t anti i to provider unwanted ir, smoke and/or gases into the
condominium interior. The Propertyr agrees to assumefull responsibility f r the
sealing of original wall 'vents in all bathrooms and for any and all negative impacts that
may suit if left untreated.
. it is clearlybuilding viol tinn to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a PropertyOwner has incorrectly
their laundry r vent to the KWBTS central building exhaust shafts, they agree t
correct this deficiency ri exhausting tinn their laundry dryer exhaust in an
alternativemethod that meets current buildingt their cost before the initiation of
the r construction W Furthermore,, the Property Owner agrees to assume
any and all liability i t to the improper ducting of their laundry dryer exhaust.
6. The Property r understandsthat the improvements will not
address kitchen and bathroomventilation r excessive interior hiumidtty levels
generated bthe n r within the interior the condomhlum. The rod
Owner understands andmil responsibility for maintenance of M rl r moisture
and humidity levels. m rm r agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of i tuuproblems and/or Interior humidity
levels in the Property. In addition, the Property r agrees to assume full
responsibility r the maintenance an operation of the NIP ventingmodifications after
completion the prop m not W
W The inned acknowledge and agree that all of the release, hold
harmlessnn indemnity i i 'io t forth in Paragraph this _Exhibit E apply
injuries, deaths, r darnages
m i sustained in connectionits r r it of ii
interior ventilation deficiencies ri inn after the addition of the Program Improvements
including, but not limited to, high hurrildity,.mold, mildew,-and/or lack of proper exhaust
ventilation. The provisionsthis Exhibit ii survive the termination r expiratlon of
the r III insulation-Agreement.
8. The rm inn that the terms and provisionsf this
Exhibitii be binding n and inure to the benefit of the undersigned anm their
respectivei ® personal representatives, successors and assigns.
.... j-- ,
4..... ...a.m....m��
PROPERTY OWNER:
WITNESi
IS
,..,. ' '
Signature
Signature �Pdnted Name �,....
�<
�rjY�� u iit�',�,., ��� YGUm.,�� glici
G t a � _ Printed Name
m lea I r
1
aF
�L ±-- _
PrintedName
_.... _ �... .......... . _ .........
Exhibit E-Propeny OymerInsulation t Page 2
..................................... ..................................................................-
WITN�[ESSES: PROPERTY OWNER:
Signature 7')
qq
Orinted' ime ......
ge
In ,fLI
TZ� ntVd Name
rna -A
N' re� tu
. ......... ................
v lvk-vi , Date
MMU,ri Name
................—..........................
WITNESSES: PROPERTY OWNER:
Signature
Printed Name Printed Rim 0-- .......
Signature Date
Printed Name
......——----........ .....................................................
......................................
... ....... .......
Exhibit E-Property Omer Noise Insulation Agreement Page 28 of 28