09/18/2019 Agreement/Easement-C112 �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
P.
a Bh#3013
iP Assistant® Inc. ProjectManager 1/ 10:55 1 of 4
THC10 Dacula Rd., Suite1
Dacula, GA 30019of
AVIGATION
InternationalKey West it
InsulationNoise
THIS EASEMENT AGREEMENT is entered into this f
, I ", Hereinafter
referred to as"the Property Owner,"in favorof
COMMISSIONERS, body politic and corporate, hereinafter f to as " C."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("the ')
located in Monroe County, Florida, rticlarldescribed follows:
Condominium Unit No. 11 - , 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 Book58 , Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified s street address: "2601 S. RooseveltBlvd., Unit C11 "
B. The BOCC is the owner and operatorofy West International Airport("the Airport") and
desiresrties that, through interior noise exposure testing, are determined
incompatible s a result of their exposure to aircraftnoise compatible for residential
purposes through the implementation of a No Insulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation
improvements and modifi tion the Property Owner's Property necessary to reduce
interior noise levels t least to bringthe average interior noise level below 45
in accordance withI Aviation mpolicy. Granting of an Avigation
Easement("Easement") is a BOCC conditionparticipation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the may have obtained
under applicable laws.
fundingD. The source for said 1 ill include funding nited States Government
pursuantto the Airport and AirwayImprovement Act of 1982, and will include funding
from the BOCC, actingin its capacity the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIPn has entered into a Property
..__ ....... _... _
Key t international Airport NIP—Avl on E (Unit 112) Page 1 of
Owner Noise Insulation Agreement with the BOCC. The ' Implementation of the
NIP vAll benefit the r/ rtt the providing in remedial sound
attenuation construction mn all eligible residential structures on the property necessary
to achie'vereduction In DNL Indoor noise levels f at least 5 dB and bring the average
interior noise level below 45 dB In accordan ith Federal Aviation Administration
policy.
F. The Property Ownerfully t that th IP ellgiblitty couldn t some future
time, but is currently the 2013Existing n itiNoise
acceptedthe l Aviation Administration "the FAK on December 19, 2013.
G. The III will be administeredIn accordance withthe unt FAA Order 5100.38, Airport
Improvement Program Handbook.
1 , It is the m f trill Easement Agreement to grant to the perpetual
avlgation easement, on terms as hereinafter t forth.
NOW THEREFORE,forand In consideration oft improvements to be made to the Subject
Property through the III,the receipt and adequacy of which is hereby acknowledgedboth
parties, and in consideration and incorporation Into this tl n Easement of the recitals
t forth above, the Property Owner and the r fall
t. The Property r on behalf of the Property r and its heirs, 1 rmall
successors in interest, does herebyt, bargain, sell and convey to the BOCC, It
successors and assigns, perpetual avigatlon easement over the Ib
f the m unt shall include the right t to generateand It noise and to Cause other
effects as may I ted with the operation of alrcraft over or in the vicinity f the
property. This Easement shall apply to all such I activity t the Airport, present or
in whatever ibrm or type, during operation at, on, to or from the Airport, and It being
the intent f the partiesthat all such Airport activity shall be to be included
ltfml n the I f this sera mnt.
. This ran tshall be perpetual in nature un shall bind andrun with the fitte to the
propertyand shall run tothe benefito,f the BOCCor Its successorin interest as owner and
operator of the Airport.
. The Property r on behalf of the n r, Its heirs, assignd
In Interest, m redy release the BOCC, and any and all related partiesf the
Including but not limited to BOCC members, officers, managers, sous, servants,
employees and lessees, from any ll claims, demands, damages, debts, liabilities,
costs, attorneys fees or causes of action of every kindr nature for which the
Owner or its lrs, assigns, or successors currently , have In the t ,
r vAll in the future W as a result of Irk operations r aircraft activities
noise levels related to or generated by Airportactivity, or may hereafter have as a result
f iuse of this r ent, including bm t not limited to damagetd the anti
property r contiguous property m noise, and other effects of the I tl mn of the
Airport r of aircraft landmg or taking off at the Airport.
......._..... _....................� .....
Key WM Intemadonal ArWrt NIP—Avlgaflon Easement
(Unit
112) Page 2 of 4
4. This Easement expressly excludes and reservesto the Property Owner and to the
Property Ownees heirs assigns and successors in interest, claims, demands,
damages, debts, liabilities, m W r expert's fee, or causes of actionr
physical r personal injury y aircraft.or part of any Ifs
the Easement that does identifiable physical damage to the property or injury to a person
on the property by cominginto I contact withthe r the person on
the
Should5. Its r party heretor any of thOr'successors r asWgns in Interest t Ifn
counsel to enforceof the provisions herein or protect Its interest in any matter
arising r this nt,or to recover demages by reason of any alleged breach of
y provision of this Agreement, the IIIfnparty I II be entitledto all
darnages and expenses Incurred including, but not limited to, attorney's fees and costs
lncur,red in connection therewith, including appell t action.,
l I un of this Agreement is to be Interpreted r or against any party becausethat
party r that partys legal representative drafted1 1 fn. This Agreement shaH be
Interpreted and taccording to the laws of the State of Florida.
7, No breach of any provis[ion of this Agreement may be waivedunless in itln Waiver of
breachany one I I n of this r fnt shaH not be deemed to be awalver
of any other breach of the same or any other provision of this Agreement. This unt
may be amendedonly by wrttteninstrument executed by the partiesin interest at the
time the modification. In the event that any one or more covenant, condition or
provision un Ireherein is heldIfni II , void or fflegal by any court of competent
jury l tl fn, the sameshall be deemed severablethe remainder of this r ment
and II In no way affect, impair or invalidate any other provision rent so long as the
remaining ilr t materially aIter the dghts and obligationsof the parties. It
such condition, covenant or other provision shaH be deemed invaHd due to this r
breadth, n nt, condition or other provision shaH be deemed validto th ant
of the scope or breadth permitted by law.
8. Ifnthe eventt Ir shall be subdividedinto than one parcel, ort I rt or
port[on thereof becomes subject to oper tion, management or administration by a party
in addition to or in Ileiu of the BOCC, they and in that event the I that same
h H not terminate or otherwise affect this r rat so long rtI u the Airport
continues t r standard airportflight purposes, andthat any such successor
in interest to the BOCC shaH be entitledto all of the benefitsrunning to the BOCC
hereunder.
9. The Property Owner agrees that the PropertyOwner shall bear and be responsiblefor
II costs of maintaining andtl un attenuation materWs and equipment
installed in the Pmperty by or on behalf of the BOCC.
kii t I n 1 rt I — Ear nt UIr-ft#C1 t
This Easement Agreement is executed as of the date first .
PROPERTY
q OWNER: PROPERTY
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Signature 31 l0pre
s 1 sd
L ' �<, �"P ma
Printedamew _ �. Prtn'twd Name
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The foregoing instrument was acknowledged before me this � ay of 2
y Iz4hlk
by 3, ....�,», {
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
OR
.. _ro
Signature •' 4: : - .• �
Printed Name
Printed rya� .�
Signature
Printed Name
Per
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 20
Y
b
I
"
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Notary
.... ....... Commission Expires:
Public SI n
t, 4 U A �
P
---------------
t International Airport NIP—Avigation Easement(Unit#C112) PI
rialGry
Address: KqyWestbytheSea
' o.:
Name(s): McDonald
PROPERTY OWNER NOISE INSULATION
KEY WEST INTERNATIONAL AjRpoRT, MONROE COUNTY
THIS I INSULATION T (this 'Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property Owner").
I T N E 8 S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on'Exhibit,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 aright 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 Fmhlblt Q attached
hereto (the "Program Improvements"); said Program Improvements to be paid for by the
County t 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
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team nistin of
a team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County(the "Program Manager");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
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Propeny Owner Noise Insulation Agreement Page I of 2
sufficiency hick are hereby acknowledged, the Property Owner and the County
herebys follows:
Grant en . Simultaneously withthe execution of this
Agreement, the Property Owner executed and delivered to the Countyvi ti
easement (the a ") which Easement has been recorded in the public records
County,of Monme Florida. The Easement remains in full force andn i
hereby ratified in all respects.
Program2. ii mm t n_p. Consistent with the Program and/or
Federal Aviation Administration AirportImprovement Program polici s,
the Program Manager has developed -sodas !ioutlining
construction and eligibilityri ion . The Property Owner understands that
prescribed Improvements ill be consistent with the ProgramPolicy
Statements vi to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto 'Exhibit A.
3. Payment of PMgrqrq Improvements. oun o pay for
the Program Improvements scri a in Frhibitc o. The Program
Improvements will be approvedthe Property Owner and County, the
Program Manager, and perforrned by the Contractor.
4. ink Competitive Bid Process. The Property Owner shall not
impede or interfere withContractor's ability to selectapproved
manufacturers and subcontractors in the preparation of bid submittals. To insure a
competitive i environment, the Property Owner is prohibitedfrom having
discussion or communication withthe Contractor in relation to the Program, the
contractors i , or this Agreement until after award of the construction contract
County. Failureof the Property Owner to complyi this provision shall, at the option
of the Countyin its sole discretion, result in disqualificationthe Program and
cancellation of this Agreement.
B. Construction Contract. The Countyill award the contractr the
Improvements nsi t with Federal and Countycompetitive bidding lici
and procedures. The contract will require the Contractor to complete the Program
Improvements wi i iperiod fin the r.
Post-Construction Responsibilities. The Property Owner shall
meet II responsibilities and requirementspertaining to both pre-construction and post-
construction:
a. Prior to thef NIP construction, the r shall meet
all Pre-Construction requirements to include:
(1) Removing -all valuables (such as jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium;
( ) Moving of all furniture and belongings into the gDesignated
Storagewithin the condominium, providing the required 'clear " (white
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e Owner a Insulation 4nement Page 2 of 28
space in sketch) for the Contractor. When doing s , the Property Owner will have the
ability to utilize the complete "floor to ceiling" space.
( ) Removing of all excessive furniturebelongings
condominium that will not fit i 'Designated t ";
( ) Removing all window and door treatments (such as bfinds,-
drapes, plantationc.) and storing them in t "Designated
( ) Removing all electronic and dust-sensitiveitems from t i it
condominium or wrapping withprotective ofy before storingthem In t "Designated
Storagec ";
( ) Removing all wall hangings (such as mirrors, i u , hanging
shelves, .) and storingin the "Designated ";
( ) Moving all small items and belongings into either the closets or
bathrooms as outlinedi "Designated t t "
Afterb. completion of the NIP construction, the Property Owner shall
meet II Post-Construction requirements to include:
(1) Moving of 'all furniture and belongings -stored in the
"Designated St it original positions in the condominium:
( ) Moving of any excessivefurniture n eln ins back into
the condominium-,
( ) Re-installation of aII wall treatments, oor treatments
II hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above - on ion responsibilities, the PropertyOwner shall be removedI
participation and the Property Owner shall be liable t and/or Contractor for
any and all resulting damages and all direct and indirect I tthereto.
d. In the eventthe PropertyOwner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable
County and/or Contractor for any andII resulting damages andII direct and indirect
costs related thereto.
. Impedinq Construction. Once construction of the
Improvements beg the Property 0 r shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any' and all
tenants that may occupythe Property duringthe construction the Program
Improvements from impeding tru ion or altedng construction sch l . I the
vent y r r y t occupying t impedes n Ion or
®....... �_ �........... �. _�..............._ ..................._.
NoiseI oAgreement Page 3 of 28
alters the construction schedule, the Propertyr shall be liable to the Contra6tor
and the County for any damages and all direct and indirect I to thereto.
8. Safe Worki.n. Environment. r shall be responsible
for providing a safei environment for the Program Manager, Contractor,
subcontractors, suppliers, and City, State I inspectors.
Throughouta. all phases of designconstruction of the Program
Improvements, the Property Owner shall be responsibler:
(1) Providing -a Workingenvironment that is free from potential
health risks, blohazard conditions, hazardous chemicals, cl s, weapons of any
kind and/or explosives;
( ) Refraining from verbal abuse or profanity,
( ) Refraining from aggressivephysicalcontact;
( ) Insuring that all pets are completelycontained.
b. In the event the Property Owner falls to meet anyf the foregoing
conditions, s may, at the County's discretion, temporarily
suspended at any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating iv action(s ) for condition(s) required
completed r performed by the Property Owner prior to the Countyi the
process.Program
c. In the eventthe Program process is not resumed dueto the
Property Owners failureto complete the correctiveaction(s) and/or condition(s)
requiredy the Program Manager, the Property Owner shall be liable ut
and/or Contractor for any andII damages and all direct and indirect I t
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the Countyfor Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporaryi the Program process.
9. Construction Delays. During the construction period, the Contractor
may experience unforeseen complicationsrelating to the installation of the Program
Improvements. h construction contract shall provide that I I these
unforeseen complications you the control of the Contractor and shall be excused
so that the time r completion may reasonablyn nt ion schedules
may also be revisedif there is a delay in awarding of the contract or if the Program
Improvements v to be re-bidin the event of lack of biddingfor failure
of the lowest responsive, responsible bidder to executethe contract, provide a payment
and performance bond r show proof of requiredinsurance.
10. Changes to Scopeof Work. The Program Manager reserves the right
to make changes o the plansspecifications n Improvements, at its
_. ........................
Ommer Noise Insulation Agreement Page 4 of 28
sole discretion, time during the isuch changes t
reduce the scope r quality of the Program Improvementsrib in Exhi C_ and
such changes arenecessitated the i of hidden conditionsnot readily
detectable normal property Inspection .
11. Acceptance of Work. Upon completion of the Program Improvements,
the r Manager shall inspect or cause the Inspection of the Program
Improvements to determineif they mi t rat to the t the
contract. The Programt [ns sole discretion and aut ri
conformance and partbrmance Issues as they relateto the Contractor, subcontractors,
supp�lers and u ti designs. The rt is requested to attend the
Substantial i ti m Inspection and provideInput to the Constructionany r it4h
respect to the nti m nchA t items. In addition, the Property Owner is welcomet
attend the 'in i Inspection. In the event the Propertyr elects to not attend the
Substantial ti m Final Inspections, they release and surrender their ability t
provideinput to the Construction Manager with respect to the acceptancef the
Program Improvements. In the event there is a disagreement between the pert
OwnerOwner and the Program Manager as to a conformance or performance issue, the
Property shall be requiredto submit the discrepancyin writing to Monroe County
(representative to be defined before the NIP constructionwithin of the
inspectlon givingto the fflscrepancy. MonroeCounty ll theme make a
determination to the acceptabilitythe conformance/performanceissue
remedial action that may to be taken. Monroe Countyit be the final arbiter of
any conformance/partbrmance/issiues. Failurethe Property u to submit the
written i int within the time specified a li thereafter foreclose the
Property right to fileI m m i nt.
12. Termination of Agreement. . The m that
the signingthis t inibates bath the BID andCONSTRUCTION PHASES of
the m Improvements to be perfbrmad in accordiance with the m 'm.
Therefore, " the Propertymm tt t to terminate this m met or otherwise
impedes the progress of the r r n the m Improvements r the award
of the construction met w the r will be liable to the for any
all damages andall direct and indkoct costsu thereby.
13. Warranties. The Countynot represent or warrant the level of
noise reductiont t t erty Owner will experience within the Property as a result
of the Improvements the Program.
. The County agrees that its contract with the Contractor V411 include
standardt r warranties from the Contractor r all materials and workmanship.
Such one-year warranty periodii commence as of the time of the t f t i
rig as providedr In Pamgraph
b. t the and of construction, the m a n r will provide the
Property r with a WarrantyFinal Closeout t ' i h will contMn copies
the rat li i W product Instructions, design documents and legal documents. As
condition of receiving the Warranty & Final Closeout Package, the r
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P�vperzy Owner Noise i tion Agmement Page 5 of2
must first submit a completedI r Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understandsthat the warranty policiesr products used in the construction of the
Program Improvements di r among product manufacturers. In the event of claim, the
OwnerProperty is solely responsible. r pursuing all future productn issues
directly ith each nuf r.
c. In the event of a claim, the Property Owner shall be solely
responsiblefor, and agreesto contact the Contractor or product manufacturer directly t
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
f all product or construction warranty issu ( ):
(1) The Property Ownersinquiry is not directly relatedto either
construction warranties or product warranties (such as windowcleaning or product
maintenance) I s of whether the Property Ownersinquiry rise do one-
year warranty pedod from the Contractor or thereafter;
( ) The Property Owner believes that r i i
requiredit ion warranty issues, t one-year warranty period
fmm the general contractor has expired;
( ) The Property Owner believes that service is requiredit
respecto product warranty issues, the advertisedperiod r the product has
not expired, and t r is currently conducting its business;
( ) The Property Owner believes that serviceis required
productrespect to r issues, the advertisedperiod for the product
has expired.
1 Pre-Existing. fci nci_ s. The Owner will be requiredto
sign Exhibit D (Deficiency Hold Harmless Agreement) - which will impute all
responsibility n liability to the Property Owner for any and all present Pro-Existing
Deficiencies the Property, whether seen or unseen.
15. Pre-Work Reguirements. The Property Owner will be required
to completeII-Pre-Work, as requiredI to successfully c ate
the NIPacoustic modifications. , „r II Dui o I II
igna d Pre-Work items utilizing it own fundsper the requireddeadlines
established the NIP. In the event the Property Owner falls to complete the
si n t Pre-Work Items by theestablished I deadline, the PropertyOwner shall
be removed I rtici tin and the Property Owner shall be liable
and/or Contractor for any andII resulting damages and all direct andindirect costs
related thereto.
1 . gilty of Key _West - i Alarm duirement. In
compliance i the Cityof Key West FireMarshall and the City , st Building
Department construction permit issuance requirements, the Property Owner will be
required to install 1 -volt "hard-wired" smoke I in their condominium i
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Property O�mer Noise ImWationa e 6 of 1
accordancei all applicable codes andregulations the requireddeadline s
established y the NIP. The ert Owner will be resj,-?onsibleto ensure that the
smoke alarms are not installed in same areas within the condominium where NIP
modification ill occur. to avoid any potential impedance to the NIPion
RMcess. In the event the Property Owner falls to install the designated "hard-wired"
alarmssmoke by the establishedI lin , the Property Owner shall be removed
from NIP participation.
17. Suspension of _Program Process. The Program process may be
temporarily suspended at any time duringthe design for construction phases upon
the discovery fii nci to their potential impact on theProgram
Improvements i . The Program processill not resume until the
Property Owner has corrected all related problemsto the satisfaction of the Program
Manager. In the eventi not completed in a timely manner, the Property
Owner will be liable to theCounty r any and II damages andall direct and indirect
costs due to delayfor stoppages of the work.
18. Limitation on Alterations t .�e� . r
agrees not alterations, or o i y n t occupying any portion of the
Property to make alterationsthe existingi and/or walls from the time
the Design process until the construction of the Program Improvements v
completed. Exceptionsto this rule must be pre-approvedin writingthe
Manager. Failure to adherethis i t the optionthe Program
Manager in its solediscretion, It in an immediate suspension of the construction of
the Program Improvements an the Property Owner will be liable
County r all direct and Indirect s cit it , unapproved alterations
damages related thereto.
. 19. Pre and Post-Construction Noise Testing Process. Pre- & post-
construction noise testingis a very important Program processthat is designed
measure and determine the actual achieved noise level ion level at treated
properties. If selectedManager for pre- & post-construction noise
testing, r agrees to provides to their property for testing
agrees to not to make alterations to the interior of their property (withthe exceptiono
repairs of Deftencies) from the time of the pre-construction noise test t the
construction noise test. In an eftrt to insure consistent noise data collection, the
OwnerProperty also agrees to preserve the interior layout of furniture, floor coverings
windowand treatments from the timep -c nstruction noise s the post-
construction noise test. The Property Owner understands that the failureto adhere
this requirement may resultin corruption of the noise testing . Therefore, the
Property Owner understands they may be liable to the Countyr any directd indirect
noise testing costsin the eventthese requirementsnot met.
20. Cooperation. As reasonably requested, the Property Owner shall
cooperate withr, the Program Manager and Monroe County in the
performanceII phases of the Program Improvements including, but not limited t ,
the removal and reinstallationII hangings and furnitures necessary.
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e Owner Noise Insulation t 7 of 28
21 Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out.the Program Improvements.
22. gggign and Bid Process Access. At scheduled times and/or upon
not less than twenty-fbur (24) hours advance notice. (%da NIP email andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State- and federal inspectors and consultants access to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, , hazardous matedal
inspection, pre-noise testing and pre-bid visit. In the event the Property Owner falls to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
23. Pre-Construction mmmAccess.. ' The Property Owner agrees to provide
access to the Property forty-eight (48) hours prior to the scheduled start of NIP
construction. This short visit will provide the Program Manager with the ability to ensure
that the .Property Owner has met all furniture storage responsibilities. Failure could
result in the suspension of the scheduled NIP construction and the Property Owner shall
be Rable to the County and/dr Contractor for any and all resulting damages and all direct
and indirect costs related thereto.
24. Pre and Post Construction Access. At scheduled times and/or
upon not less than twenty-four (24) hours advance notice (via NIP eined andlar leffer)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-constructI Inspections, review of
Designated Storage Space requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
required NIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP participation and the Property Owner shall be liable to the County and/or
Contractor for any and all resulting damages and all direct and indirect costs related
thereto.
25. Construction Period Access. Upon award of NIP construction
contract, the Contractor will prom a the Program Manager with their final construction
schedule, which will include the required number of calendar days to complete "the NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager, will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assigned time period. In
addition, the Property'Owner agrees not to re-enter their property fbr any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access fbr their
assigned construction time period, the Property Owner shall be removed from NIP
P�vp"Owner Noise 1wuladon Agrnment Page 8 of28
participation the Property Owner shall be liable to the r Contractor for
m, and all resulting damages and all direct and indirect sty related thereto.
® Construction Period Extension Due to Hurricanes. Since the NIP
construction perliodill extend into the t hurricane season., there is potential for
construction l r stoppages, beyond the control of the Contractor, inthe event
f a threat of an approachingrri r an actual hunicarre event. Due to this
possibility, the Property Owner understands that delays may occur in additionto their
originally Igned construction tirne pedod, without any fault or cost to the Contractor
and Program Manager. Furthermore, t r agrees to relocatetheir
condominium r all additional calendar days resulting lconstruction
stoppages due to a hurricane threat or event at no cost to the Contractor r
Program Manager. In the event the Property Owner falls to providethe required
additional access to their condominium due to hunicane-related workstoppages, the
OwnerProperty shall be removed from NIP participationthe PnDperty Owner shall
be liable to the Countyr Contractor fbr any and all resulting damages and all direct
and indirect t related thereto.
m V�sp_pyery_ tl c findencies During Construction. In the
event the Contractori r ® i tinyg deficiencies at the Property duringthe NIP
construction that negatively impact the Installation of the l improvements,
the Propertyr agrees to immediately repait and r i tdeficienciesins an
effort to reduce any negative impact on the scheduledconstruction period.
Owner understands tha,t, depending on the timing f t pre-existing irepair,
the NIPconstruction rig to be extended, at no fault of the Program
Manager or Contractor.
28. Impact of Unforeseen nl nConditions
Schedule. TIC PropertyOwner understandsthat of building conditions_ that
may arise during the NIPt i n may have the potential to increase the original
scheduled ti f construction, i is not the fault: of the n r nor
Contractor. The Propertyr needs to planfor t "worst-case" possibility that the
odginally-scheduled constructioncompletion t l few additional days
due to unforeseenbuilding lti that ' i-nay arise n complicate the NIP
construction.
29. I i Treatments,tBlinds. The
OwnerPropeity understands that, after the installation of new NIP acoustic window
the existingi r door treatments, lip not be
compatible nor able to be re-installedto size differencesthe new and
existing windowsm
30. Existing Crown l ig. During the installation of the now
acoustic.windowsdoors, the NIPill be providingnew "standard" replacement
interior trim and sills. The Property Owner understands that the NIP l rat trim
will not match custom and/or specialized crown moldingand/or custom window
and r trim. After the completionthe NIPm n tl , the Property Owner will
have the abilityto makemodifications to the NIPintedor trim at their own expense.
I—
---..............® .. .......
OwnerAropeny Noise Imuladon Agmement Pageo
. troy a t . The Owner reel t
read mm vie all _ smalls / letters in timely shyon 'which are being
provided by the NIPschedule t . In the rat the Property Owner
falls to meet this requirement, it could result In removal from NIP participation.
32. Title_ Examination. The Prograrn Manager has obtainedr will
obtain, t its sole cost and expense, an "Abstract of Title" to ensure that the Property
turtle is H and/or title defects,
Cooperation33. l ring " Prior to the commencement of
construction othe ProgramImprovements, the PropertyOwner shall cmoperatewith the
County In r title defects affectinghick aim disclosed
by the 'Abstract of Title" and in the soler uI tE the t a to
ulnvalidate the Easement, I!) secure the m"m mm consent of any and all mortgage
holders to the Prop of the Easementt the County if the
County determines that it i lrable t (collectively, t ' its
MatterV'). If, prior to the commencement of construction of the Program Improvements,
the County, in its le discretion, determines that the Title Matters affecting the Property
may Mvalidate the Easement, this rat shall l and l ', and the Easement
shall be terminated.
" ��u --
Administration, ' i t lAviation
the Property Owner agrees to the followingprovisions-
a. The n r shall subject the n tr ion work on the
project to suchinspection vat duflng the construction of the mrm
Improvements r completion of the Program improvementsreasonably
be requested by the, Program Manager and/or Monroe County.
" After final completionof the Program Improvements, the Property
Owner shall assuroe the responsibility for maintenance t nm operation t the Items
instalied, purchased r constructed under this r nmt. Neither the Federal Aviation
Administration r the omenty bears any responsibility for maintenance anddo of
these t rims.
W Reduction_of Fresh Air Infiltration. The PropertyOwner YAII be
required to sign Exhibitntil ti r l l emit) which umputes all
responsibility to the Property r for the r maintenance of interior moisture ms t
humidity levels.
36. Salva e of Materials & Equipment. If the r deslres
to retainthe t rm ul or equipment removed fromthe up result f the
Programr m nt w the Property Owner shall arrange for the salvagesaid
materials and Iu t directly withthe rt r at the n rs sole risk
expense.and The County assumes no responsIbIlityr the condition of the material,
equipment or surrounding surfaces as a result of the owner-requested ul . The
Property r and the mtr r shall, prior to the mm rat of construction,
agreeIutdocument Hsting those items to be salvaged. In the rm
Propeny Ow7sere insulation Agreement P4ge 10
of such a written agreement, all items shall become the property of the Contractor.
Materials anequipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
37. Property Insurance. During Program construction period, the
Contractor will provide builders risk insurance r the Property. The Property Owner
shall have the option, at the Property Owner'sof st and expense, to maintain
homeowners insurance policy for the duration of the construction of the
Improvements. r understands that, follow followng final completion, the
Contractor's builder's risk insurance ill cease, n it -i advisable for the Property
Owner to obtain insurance cover any value to the Property by the .
. Ti Ming,_ u and o Construction. h Property r
understandst i c ut t construction itself Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and coul e to significant
quantities of dust and debris renderingportions of the Propertynin bit I r
extended periods f time.
Labor39. and - t nal el s . Property r I n
forever is y n allclaims., i ions against the Program Manager,
the County its officers, employees, en nslcontractors
suppliers i issues relatingto the conformanceof labor, materials and
acoustic designs utilizedin the Program Impmvements. Nothingin this II
limit the warranties for materials and workmanshipcontained in the contracti
general contractor.
40. Sale of Pro In the event the r sells, convoys or
otherwise netitle h the completionf all phases of the
process,Program the r hereby agrees to provider with
of this Agreement prior to the closingon the sale, r other transfer,
transfer II of the Property Owner'ss n i iliti li tios under this
Agreement to the buyer as a conditionof the purchase, conveyanceor other transfer of
the Property.
1. Waiver. No waiver of, acquiescencein, or consent to anybreach f
y term, v n r condition hereofII be construed , or constitute, iv r ,
acquiescencei , or consent to any other, further or succeeding breach the same or
any other term, covenant or condition hereof.
42. Release of Easement. In the event that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon writtenrequest by the , shall pay to the County the
sum of One HundredDollars ( 1 ) to cover the costs of the preparationn
recording of the Releaset in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility insure such payment is made in order to "clear" the title to the Property.
__.� _. _._.............. ....... .._._
Oumer Noise InsulationII of 28
43. tnt t Execute On Behalf Of County, By Resolution No. 111-
0 , duly tion and""passed at a lawfully announced public meeting, the Boa
County Commissioners o a County, did, on the 1 th day of March 2004, grant full
authority for the CountyAdministrator to execute this Agreement on behalf of the
County without further action by the Board of CountyCommissioners.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit Policy Statements.
b. Exhibit B: Legal Description
c. Exhibit : Program Improvements.
d. Exhibit Deficiency l Harmless Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
45. General Conditions.
. Qqye i .Law, Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be governedt i
accordance with the Laws of the to of Florida' applicable to contracts made and to be
performedti ly in the State.
( ) In the vent that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
Countyand Property Owner agree that venue will lie in the appropriate court or before
the appropriate administrativebody in Monroe County, Florida.
( ) The Countyand Property Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediationprior to the institution of any other
administrative r legal proceeding.
( ) The Countyo n r agree that in the event any
cause of ion or administrative proceedingis Initiated or defended by any party
relative of t or interpretation of this Agreement, the prevailing party shall
e entitled to reasonableattorneys' fees, court costs, investigative, and out-of-pocket
expenses, against the non-prevailing party. Medi tin proceedings
initiated n u pursuant to this Agreement shall be in accordance with the
Floridaul of Civil Procedure and usual and customary ui by the
circuit court of Monroe County.
b. Binding Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County andr
and their respective legal representatives, successors, and assigns.
...............
_..... _ __ ........ _.........
Aropeny Owner Noise Insulation a 12of 28
c. Severability. If any term, covenant, condition or provision of this
Agreement (or the application t to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the' fullest extent permitted by law unless tile
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement,
d. Agttorlty. 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.
e. Duration of A greement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County and shall remain in effect for a perlod reasonably required to effect the
Program Improvements (the "Term"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. Acceptance of Grfts rants, Assistance Funds i Begue h
Te
— L_, G _, g:
County and Property Owner agree that each shall be, and is, empowered to accept ter
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims fbr ,Federal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission.
h. Adjudication of LD Dis utes 2r Disagreements. The County and
—Property Owner agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
I. Nond ised rn!nation. The County and Property Owner agree that
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order, The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: (1) Title
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.&C. ss. 6101-6107), which
----------
Prop"Owner Noise Imuladon Agmement Page 13 of 28
prohibits is i i on the basis of age, ( ) The Drugice And Treatment
Act of 1 ( .L. ), as amended, relating to nondiscrimination on the basis of
abuse;drug ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention,
Treatment n Rehabilitation '1 ( .L. 1- 1 ), as amended, relating
nondiscri in tin on the basis of alcohol abuse or alcoholism, ( ) The Public Health
Service 1 , ss. 523 and 527, ( 0 dd-3 and 290 a - ), as amended,
relating to confidentialityalcohol and drug abusei s, (7) The Americans
With Disabilities Act of 1 ( U.S.C. s. 1201Note), as may b time t
time, I tin to nondiscrimination on the basis of disability; ( ) The Florida Civil Rights
Act f 1992, ( r 760, Floridatut d Section 509.092, Floridat tut ), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monroe
County u i is Ordinance (Chapter 1314, ArticleIII Sections 1 -11 through
13-13 ), as may be amended from time to time, relating to nondiscrimination; and (1 )
any other non iscri !nation visions in any federal or state statutes or local
ordinances which may apply to the partiest , or the subject r of, this Agreement.
j. Cooperation. In the eventadministrative r legal proceeding i
instituted int either party relating to the formation, execution, performance, or
breachthis Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, tin ,
and other activities relatedto the substance of this Agreement or provision of the
servicesunder this n . The Countye r specifically agree that
no party to this Agreement shall be requiredto enter into any arbitration proceedings
relatedthis Agreement or any Attachment r.Addendum to this Agreement.
k, Books, Beand ocu en . The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this in accordance with generallyaccounting ricil s
consistently li , Each party to this r their authorized representatives
shall have.reasonable i ely access to such records of eachother party to this
Agreement r audit purposes duringthe of the Agreement and for four years
following the termination of thiset.
I. Covenant of No Interest. The County and Property Owner
covenant that neither presently had any interest, and shall not acquire y interest,
which would conflictin any manner or degree withn is
Agreement, and that only interest of eachi to perform and receivebenefits cite
in this Agreement.
m. Code of Ethics. The Countyt the officers
employees of the Countyi n ill be required to comply with the standards o
conduct relatingpublic isers and employees !i in Section 112.313,
Florida Statutes, regarding, not limited llit in or acceptance of gifts; doing
business i one's cy, unauthodzed compensation, misuse of public position,
conflicting loy t or contractualrelationship; and disclosurer use of certain
information.
..................................
NoiseProperty Owner aion Agreement Page 14 of 28
n. No lm mt_ m rm - A" _ tw The u nty and Property Owner warrant
that, in respect to itself, it has mt employed nor retained any company or person,
other than mde employee worldrigsolely r it, to Wicit or secure this r ust
and that it has not paid r agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee workingsolely for it, any f , commission,
percentage, m , or other consideration contingent upon or resulting from the award or
making m f 'this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the Countyshall have the right to terminate this r ust Wthout
liability and, at its m tion, to offset from monies , or otherwise recover, the full
amount of such fee, commission, percentage, gift, rm m tm W
o. Public u Property o r shall mmallow and
permit reasonable access to, and inspection f, all documents, papers, letters, or other
materials sum to the provisions f Chapt r 119, Rorida Statutes, n r
received may the Countyand Property Owner in a jug m with this nth and the
County min have the right to unflaterWlythis rim u t upon violation 'f this
provisiontin rm r. Public min rm r inmost
comply mth Florida publiclaws, including but not limi'Wd to Chapter 11.9, Florida
Statutesmoms 24 of article m of the n tint tin f Florida. The County and
OwnerProperty shall allow andt reasonable access to, and inspection of, all
documents, r other "public min " materials in its sin
r under its a tr m subject to the provision f Chapter 119, Florida tut w and made
r received by the our m rt Owner in conjunction withthis t and
related to contract performance. The Countyshall have the right to unflateraHycancel
this contract upon violationf this provision by the Property Owner. Failure f the
Property Owner to abidethe terms of this min lm be deemedmaterial
breachf this contractand the rm may enforcethe terms of this prommon in the
form of a art proceeding and shall, as a prevailing , be entitled to reimbursement
f all tt rn ' fees and costsm mth that proceeding. This provisionshall
surviveu -t m tin r expiration of the contract.
The rm r is encouragedconsult with its m gat
Florida min in order to complywith this m in w
Pursuant to F.S. 119.0701 the terms and conditionsf this
contract, the Property Owner is mum t
t maintain umm records that would be requiredthe
County to performthe service.
n recWptf the County'scustodian f records,'provide the
Countymt f the requested r allow the to be inspected or
copW withinreasonable time t a cost that does not exceed the cost provided in this
chapter or as otherWse providedm .
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure m m t not disclosed except as
Propeny&wner Noisefnsul4don Affeement Page 1 of 28
authorized by law for the duration of the contract term and following completion of the
contract if the Property Owner does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perform the service. If the
Property 'Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Ovmer keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirements for retaining public records, All
records stored electronically must be provided to the County, upon request fmm the
Countys custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records rela tip gto a County
contract must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copled within a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, Bdan Bradley at (305)
292-34M
p. Non-Waiver of lmmunfty,, Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
q. Privilgge and Immunitiep. All of the privileges and immunities from
liability; exemptions fmm laws, rdinances, and rule%- and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or employ f the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the sarne
degree and extent to the performance of such functions and d'utles of such officers,
agent volun s, teers, or employees outside the territorial limits of the County.
r. Lqgal gkHggVq0 and Regggnsib lilt)es- Non-DeIgggM of
Constitutional or St tut Puties. This Agreement is not intended to, nor all it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by ahy other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent pennifted by the Flodda constitution,
Ptopeny Owner Noise Insulation Agrement Page 16 of28
state statutes, case law, and, specifically, the l ions of m 1
Florida ri tut .
s. Non- fl n _ ... lentity shall be entitled
to rely upon the terms, or any of them, of this t to enforcer aftempt t
enforce any tlnlind-party cWlm or entiflement to or benefit of any service or program
contemplated mn r, and the t r agree that neither the
County nor Property Owner or any agent, officer, or employee of each shafl have the
authority to inform, counsel, or otherwise indicate that any particular individual or group
f Mdividivata, entity or entities, have en'tWernentsr benefits under this mnt
separaten , lnf rl r t , or supedor to the mnl in general or for the
purposes contemplatedin this nt.
tin Aftestations. The Property Owner agrees to execute such
docurnents as the County may reasonably requi in the r inn f the ll th in
and duties f the Countyr Property Owner under this Agreement.
m . No Persongl U IYRyW No covenantr agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employee County in his or her individual capacity, and no member, m r,
agent or employee of Monroe County shaH be liable lly on this m mnt or be
subject to any personal liability r accountability by reason of the executionthis
Agreement.
. Execution,r.,.I t in _ . l r t m t i n
any number of counterparts, each of which shall be regarded as an odglnW, all of which
taken together ll constitute one andthe instrument and any of the parties
heretoy execute this m t by Wgningy such counterpart.
w. Section Headings, l lug have been inserted in this
Agreement as a matter of convenience of reference only, and it is r that such
section headings are not a partf this r ant and wili not be used in the
interpretation f any provision of this Agreement.
OwnerProperty o' e Imulation Agrement Page 17 of 28
IN WITNESS , the Property Owner and the on have
executed this Agreement as of the day and year first aboven.
WITNESSES: PROPERTY OWNER:
; an. uruu=mar A t.
ture
.................'4a ...
ef
Fldrad,Name
lu
Signature ..: .,,,,,,,: w,, ,, ., `
Date
b 44T k °w
rl Nam® •3
...._._.., ... ......... .................... .................... ........
WITNESSES: PROPERTY OWNER:
a s Pria ' u
Signature
Qj5E A' n Guar
x
I SignatureDate
1, �
NnW Name
�w
....... ..... ...... ......
.•�
COMMISSIONERS:
MAYOR1 CHAIRMAN:
ti ttest.
t.. eputy Clerk Signature
Date
M4XMr-.
€
Property Owner Noise Insulation Agreement Page 18 of 28
PEDRO d
q T T.a O-1
P,•6�8:e t _ f
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air
....Condition!n _..._-__.... it providing l "mini-
split" AC systemto your condominium as a part of the NoiseInsulation
modifications, the followinglimitations and rest ' i itl apply to all condominiums:
1. All condensing unitsill be installed on the balcony
2. All refrigerant lines i I i it will be installed
consistent with KWBTS Board policyI 1 l ing a maximum height of 48
inches.
3. All condensate lines it installed it i exterior consistent with
Board policy I i t it of consistency and building
architectural aesthetics.
4. l interior lines condensate, electrical) and Energy Recovery
Ventilator ill be housed in new vertical wall and comer pilasters which
will be constructed to matchI° i 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 NIP executiveill
reviewi Information it t your NIP Designi ti .
5. Only Iectrical service panelsthat are determinedthe Program Managert
deficient ill be replacedf the NoiseInsulation
modifications.
B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide
now custom wood surround and ill instead i tisurround.
to this revised 1 9 existing custom sills (marble, it , will not be replaced.
This revisionill be an improvement, while decreasingconstriction t improving
time i i i .
Custom Crown Molding and Baseboards Restrictions
C.
The now asbestosi ill restrict the abilityexisting
custom trim and baseboard priorconstruction s which will not
allow i igeneral contractor to secure custom matched
replacement trim. Therefore, existingmoldings, ll trim,
contractor will, inste. a cut the existingtrim to the face oftpilaster or
thru walli fill. At new pilaster-locations , if the thru wall an i fill abuts the existing
baseboards, the contractorwill install a standard (314" x 5-1121 paintedtrim t
abut the existing trim, attempting t i tiprofiles
and materials. After the completionI i , the property owner will
................ _.._._ ..._..m. .._........
Exhibit A- rNoise insulation t Page 19
have the option to replacethe installed trIrn withother custom trim match the existing
materials and profiles.
D. r Threshold Heights. to stringent Florida hurricane impact and water
infiltration ili des, all new aluminumacoustical prime entry swingingdoors and
sliding I s do doors ill have sl that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds sin t
provide optimum to ion tote interior of a condominium from water infiltration during
hurricane.
E. KWBTS Asbestos ti
requiredAs by state and federal requirements, THC conducted asbestostesting II
participating n o ii s in Buildingsand C during the November 2017
to April 2018 time period. This testing included collecting to 9 samples at each
condominium include gypsum boardJoint compound, windowglazing, n rior
window and door caulking. In addition, _random exterior stucco samplescollected
n both the "walkway" and mcourtyard 1 balcony" building elevations.
Depending n the laboratory n I is of these samples, the presence of asbestos
containing mat d l (ACM) v tpotential impact -several t I
construction s to include:
window oval and acoustic window installation,
door removal and acousticdoor installation,
removal of portable "through-wallu AC units and the infilling of openings,
calling cuts requiredr installation of the ductless AC,
II cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters requiredfor installation of the ductless
AC system V ducts,
construction of closet it for installation of the ERV.
AbatementF. Asbestos Reguirements
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be requiredto perform the following abatement
requirements during construction:
If samples show a Presence of ACM c 1%
The NIP contractor will be requiredto comply with OSHA worker safety requirementsto
include r respirators, l curtains in all areas where the surfaces are disturbed
d the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
Exhibit - ne?Noise I t. t Page 20 of2
If samples show a presence of ACM >1%
The NIP contnir will be requiredperform_ full asbestos abatement procedures
directedthe Environmental Protection Agency(EPA) to include:
Construction of ACM containment barrieks in all (walls, ceilings, closets,
i approximately feet from allII impacted
the MP modifications.
Abatement and baggingof (resulting demolition
certifiedt t
Air sampling of containment areas and clearancef all areas by certified
asbestos abatement staff to allowto containment areas by traditional
oar- nth workers.
- THC will be requiredto provide executiver i t of all ACM abatement
processes in all condominiums throughout the NIP t tir t
ensure proper compliance with federal and stateabatement guidelines,
- The presence of ACM will have a significant impact on the l i w
lengthening the construction increasing the sequencing
and coordination I of contractor crews.
Given the cost to provide required asbestosabatement procedures, the FAA
ill require THC to developi ion plan that minimizes the
disturbance r the minimization of constructiont ,
duration, liability to the contractor and KWBTS property owners. This plan
ill result in r requirements si restrictions hip
are outlined below.
H. KWBTS BOARD Authorityl . The KWBTS Board will have the
Authority to make several of the Programi I l to inch
m Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardwarei
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini- lit" AC System Installation Requi e Wit
5. Interior I "Mini-Split'AC System Interior Soffit Design and Placement
. In-Filled itchPrime Policy Treatment
Exhibit -Property Owner Noise Inmiation Agreenent Page 21 oft
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
TO
Homeowner Noise Insulation Agreement
Condominium Unit No. 11 2-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided
ndivided 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.
.............
Exhibit B-Property Owmer Noise Insulation Agreement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit
NoiseTo
Homeowner f
This Exhibitt the Program Improvement package for an eligiblethat
includes the ts developed by the Program Manager to reduce the
interior n f a property by a minimumf decibels.
typical Program Improvement package may it
Architectural DravAngs
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging
Replacement .Aluminum i t Sliding GlassPatio
. .... — ............
i it C- .Propeny Oymer Noise InwiationAgreement Page 23 of 28
DEFICIENCY
Exhibit
InsulationTO
Property Owner Noise
1. In partial consideration of the compensation to be paid on behalff the
County and the Program for the Program Improvements to be made to the Property
descHbed in thev therewith (the " end') between the County
and Property Owner and to whichthis Exhlb#D is attached, the undersigned, r and on
behalf f the undersigned and the heirs, personal representatives, successors, n
assigns of the undersigned, forever releases, remises, discharges, indemnifies
covenants not to sue, institute claims in , or institute ins against, the
County, or any of its agents, officers, employees, consultants for contractors
concerning and all claims, ions or causes of action of
whatsoever kind andto it i juri s or death, damage to the property,
d the consequences thereof, and any of the foregoing whichaccrue to the
undersigned r their respective heirs, personal representatives, successors and assigns in
connection with anyand allPre-Existing ii nci s (the " icici ") against said
Countyr any of its officers, n to consultants for contractors to be
legally liable.
. The Property Owner understands and assumesfll responsibility for the
Deficiencies present in theher visible to the Program Manager or unseen.
3. The Property. Owner understands that the Deficiencies include n
deficiencies t in the Property at the time of execution of this Agreement whichcould
include, but not be limited violations, structural damage, water 1 moisture
damage, hazardous matedals, infestation and/or any issue that would negapvely impact
the installation an erfo nce of the Program Improvements.
If visible, the Property Owner understands that the Program Manager may
identify document Deficiencies time throughout s
(including si n, bid and constructionprocesses). If identified c t , the
ManagerProgram will classify h aDeficiencies either"Minor" r"Severe".
5. The Property Owner assumes full responsibility for the worsening of any
documented it Deficiencies.
6. In the rare event " v " Deficiencies are Identified d the design
process, the Property Owner agrees to complete necessary repairsto the Property, t
the acceptance of the Program Manager, as a preconditionto the commencement o
construction of the Progmm Improvements. In the rare event that v Deficiencies
uncoveredare ri the construction pedod, the Property Owner agrees to complete
Exhibit D- .,Property. Ownero' a Insulation Agreement Page 24 o
necessary repaks to the Property, to t ptance �of the Program Manager t
minimize any delay r Stoppages of work.
w The undersigned acknowledge and agree that all of the release and hold
harrHess and �nderrinfty provisions t fbrth in Paragraph 1 of this Exhibit l t
property damage, ink , r r s t l j I �_ and/or all
negative impacts t r r8suft after the additionf the Program improvements. The
provisions of the hibN Q shall survive the termination or expiration of the Property
Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and provislonsthis'Exhibit
_ shall binding n, r� ins t t ri f tundersigneditrespective
representatives, assigns.
.......................................... .........
IVTNE : :
Signature T7J
k�
Signature
P,inteParne
Printed Name
Signature .,
E,rz
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Printed Name
Fr",TNESO S PROPrTY X)W"-R.
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Signature
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Prfn me
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-------------- .......................—............
WITNESSES: PROPERTY OWNER:
Signature
Signature
Pin,.. rn
.. ........
Printed Name �.....
Signature
Date
Printed Name
Exhibit -Propeny Owner Noise Insulation Agreement Page 25 of 28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property 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
described in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Exhibit E is attached, the undersigned, for and 'on
behaI f of the undersigned and the heirs, personal representatives, successors, and
assI gns of the undersigned, forever releases, ramises, discharges, indemnifies and
covenants not to sue, institute claims against, or Institute any proceedings against, t'he
County, or any of its agents, officers, employees, consultants -and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequenc'es' thereof, and any of the foregoing whi r
ch may accue to
the undersigned or their respective heirs, -personal representatives, successors and
assigns in connection with any and all Ventilation 136fidI es (the "Deficiencies") against
said County or any of Its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
Wridows and doors, removal and infilling of "through-wall" portable air conditioner it
and the addition of a replacement ductless "minkspllt7 air conditioning system. Because
these modifications vAll result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
YAII provide an adequate exchange of inside / outside air to the condominium 'as
required by building code.
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the
potential for mold and moisture problems, especially dudng periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom.exhaust fan treatments. Since bathroom tubs and/or f
moIt ure generation in the intedor environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
Exhibit E-Propergy Owner Noise Imulation Agreement Page 26 of 28
bathroom moWure In t I building exhaust shaft. Duringthe Programdesign
survey process it was discoveredthe buildings lack a solidcentral building
exhaust shaft. Due to this i tin condition, these original wall vents (ifstill rat)
have the potential to providepathway for unwanted air, smoke and/or gases into the
condominium i Interior. T rtyOwner agrees to assume full responsibility for the
iiurm i i wall vents in all bathrooms and for any and all negative impacts that
may result if left iuntreated.
5. It is clearlybuilding i i ti nt to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the t a Property Owner has Incorrectly
their laundry dryer vent to the central building exhaust shafts, they t
correct this deficiencyexhausting their laundry dryer exhaust In
alternativemethod that meats current building code, at their cost beforethe initiation
the Programn tr i n process. ' rth , the Property Owner agrees to assume
any and all liability related to the improper ducting of their laundry dryer exhaust.
Property6. The r understands that the Program Improvements fli not
address kitchen i t ventilation and/or excessive Interior humidity levels
generated b,y the user within the Mt rl r of the condominium. The Property
Owner understands and assumes full responsibility for maintenance ofituir moisture
and i i levels. The Property Owner agrees to assume full responsibility fbr any
occurrence, reoocurrence or worsening of moisture prob[ams and/or interior humidity
levels in the Property. In addition, the r agrees to assumefull
responsibUity fbr the maintenance and operation of the NIP venbrig modificabons after
completion the Improvements.
7. The undersigned acknowledgen that all of the release, hold
harmtess and indemnity r i i nforth in Paragraph1 of this I t
injuries, de,aths, or damages sustainedIn n ion with or suit of any and all
i t ri r ventilation deficienclesd iu r the additionthe Program Improvements
Including, but not limited , high hum i , mold, fl , r lack of proper exhaust
ventlMon. The provisionsthis it survive the termination r expiration
the Property Owner Noise Insulation Agreement.
8. The i hereby agreethat the terms andl i n this
Exhibit E shall be binding Inure to the benefit of the undersignedtheir
i;_spective hejrs, personal representatives, successors and assigns.
j,
gTature
Signature
. e -
�E ZIP' rip
nr.U3Y��ro..ra"°" �r� .nt !1
g
ted Name
mxww am9 �
Signature17
Printed
..........Y.�.................� . ................ __ _........_ ®.r
_.,... _ ...............................
Fah ib' - eyV Owner Noise Insulation Agreement Page 2 7 oft
.. _ _ _... _................_ ....
WITNESSES: PROPERTY OWNER:
�, tit Cal � „4
Signaturey h v
&
Printed Name y��
_ ®
0drited Name
� 4"',�
rFk 1 nvan � r c-wvw: Date
Printed Name
9._ _ ..... .s g ..
WITNESSES: PROPERTY OWNER:
Signature
Si to .._. _ ..... _
,Printed Name __.
re
Prl a
Signature
Date
Pdnted Name
.................._........
Exhibit E-Property Owner Noise Inaulation Agreement — Page 28 of 28