09/18/2019 Agreement/Easement-C114 �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
.Prepared By and Return :
Heather'P. 1
NIP Assistant Project Manager 1 10: s AM Paplof4
THC, Inc. Deed Doe StmW$0.00
710 Dacula ., Suite 4A#315
I 1 FiledE} o
DacuI
Key West International Airport
NoiseiProgram
THIS is enteredinto this4
by" . T ", hereinafter referrecHo as"the
Property r," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, y politic and corporate, hereinafter referred to as ."
RECITALS:
A. The PropertyOwner is the fee simple titleholder to certainI property("the ')
located in Monroe County, Florida, rticlrl described follows:
Condominium Unit No. 114-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recordedin Official Records Book 589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as street add "2601 S. RooseveltBlvd., UnIt C11 IV'
B. The BOCCis the r e tro t International Airport("the Airport")and
desiresi that, through interior noise o testing, are determined
incompatible ult of their exposure i noise compatible for residential
purposes through the implementation of a Noi Insulation Program (" I ").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements nmodifications to the Propertyner' c to reduce
interior noise levels at least 5 dB and to bring the averageinterior noise level below
dB in accordancewith Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participationin the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under li l laws.
D. The funding source for said NIPill include funding the nit t Government
pursuant to the Airportn i a Improvement f 1982, and will include funding
from the BOCC, actingin its capacity the owner and operator of the Airport.
E. The Property Owner desires to participatein the NIP and has enteredinto a Property
Key t internationai Akport NIP—AvlgatIon Easement(Unit#C114) � Page 1 of 4
Owner Noise Insulation it the BOCC. The BOCC'simplementation of the
NIP will benefit the Property Owner and the Property by providing certainremedial sound
attenuation construction II eligible residential structures on t 'necessary
to achieve ion in DNIL indoor noise levels of at least 5 dB and bring the average
interior noise level l in accordancei l Aviation Administration
policy.
F. The Property Owner fully understands that the NIPli i ili l t some future
time, is currently the 2013Existing Condition ofExposure Map
acceptede I Aviation Administration ("t ") on December 19, 2013.
G. The NIP will be administered in accordance withthe n r 5100.38, Airport
Improvement Program Handbook.
H. It is the purposethis Easement Agreement to grant to the BOCC a perpetual
avigation easement, on'terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NIP,the receiptadequacy is is hereby acknowledgedboth
parties, in considerationincorporation into this Avigation Easementof the recitals
set forth above, the Property Owner and thes follows:
1. The Property Owner on behalf of the r and Its heirs, assignsand all
successors in interest, does hereby grant, bargain, sell and conveyto the BOCC, its
successors assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the t to generate and emitnoise cause other
effects s may be associatedi he operation of aircraftover or in the vicinity of the
property. This Easement shall apply to all such aircraftactivity the Airport, present or
in whatever fbrin or We, d udng operationr from the Airport, it , i ng
the intent of the parties that all such Airport activity shall be deemed to be included
'thin the purviewthis Easement.
. This Easement shall be perpetual in natureshall bind and run withtitle the
property and II run tot fit of the BOCC or its successor in interest as owner and
operator of the Airport.
. The Property Owner on behalfthe Property Owner, its heirs, assigns successors
in interest, does hereby releasethe BOCC, and any and all related partiesthe BOCC,
including not limited o BOCC members, officers, an t , servants,
employeesn lessees, from any and all claims, demands, damages, debts, liabilities,
attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
r will in the futures a resultAirport operations or aircraft activities
noise levels related to or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous propertyto noise, other effects of the operationthe
Airport or of aircraftlanding r taking off at the Airport.
Key West internationai Airport NIP—AvIgatIon Easement(Unit#C114) Pape 2 of 4
. This Easement expressly excludes and reserves to the Propertyr and to the
Property Owner's heirs, ssigns and successorsin interest, claims, demands,
damages, debts, liabilities, s, attorneys' or e , or causes of action 1br
physical r personal injury i r part of any aircraftin
the Easement that does identifiable physis I damage to the property or injury to a person
on the property by cominginto direct physical contact withthe property or the person on
the property.
Should5. it r party hereto or any of their successors r assigns in interest retain
counsel to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement,or to recover damages by reason of anyalleged breach
any provision of this , the prevailing II be entitledto all costs,
damages and expenses incurred including, not limited to, attorneys fees and costs
incurred in connection therewith, including appellate ion.
vision of this Agreement is to be interpreted for or against any party because that
party or that legal representative drafted such provision. This Agreement shall be
interpreted r according the laws of the State of Flodda.
., No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
any one breach of anyvision of thisshall not be deemed to be a waiver
of anyother breach of the same or any other provision of this t. This Agreement
may be amended only by written instrument executedi in interest at the
time of -the modification. In the event that any one or more covenant, condition or
provision contained hereinis held invalid, void or illegal by any court of competent
judsdiction, the same shall be deemed severable the remainder of this a t
and shall in no way affect, impair or invalidate n other provision long as the
remaining visions do not materially alter the rights bli ti of the parties. I
such condition, covenant or other provision shall be deemed invalid due to this scope or
breadth, , condition or other provision shall be deemed valid to the extent
of the scope or breadth permittedy law.
8. In the evente Airport shall be subdivided into more thann I, or the Airport or
portion thereof becomes subjectto 'operation, managementr administration by a party
in addition to or in lieu of the then and in that event the parties agree that same
shall not terminate or otherMse affect this Agreement so long as a portion of the Airport
continuesto operate for standard airportflight purposes, andthat any such successor
in interest to the BOCC shall be entitledall oft benefits running the BOCC
hereunder.
. Property r that Property Owner II rresponsiblefor
II is of maintainingoperating any soun io materials ui t
installed in the Property by or on behalf of the .
Key WeSt 1n ona1 AI NIP—Av__1 on Ea (unit 11#C11 ) page 3 of
This Easement Agreement is executedof the date first above d .
_..........................._._ ......._._..........._. _ ..
IPROPERTY OWNER: PROPERTY OWNER-,
r °
SigrVAure,
Signature
_._
I LA 1,
e—Lx ,.....�� . i spa Lz�
Printed Flame Printed Name
� E ,
I Date Date
STATE OF
COUNTY
The foregoing instrument as i t edged , � �c hl ) 0 ,
pt
by
� .,
Proper e(
No" ublir+ShM d Fi0rk1�
My COmmi6Slo µy a mmigwn00 75*10
rya fairy Public Signature �' �x�ins MI t
..........�. _.m..�.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
' WITNESSES: AYSignature
ass „
OrInted Name � V
lu
Printed Name f 9
t �
Signature
Printed Name
it r
STATE OF FLORIDA �
COUNTY OF MONROE
The foregoing Instrument was acknowledged before
by
as Mayor of the Monroe County Board County Commissioners, a body politic and corporate.
My Comm Isslon Expires:
Notary Public Signature
Key
t International Airport NIP-Avigation Easement(unitME
J Cam.
EYT-
Doe
Ke�!WestbvtheSea
' o.: C114
effectivePROPERTY OWNER NOISE INSULATION AGREEMENT
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
last belowmunicipal
corporation i i ti the laws of the StateFloridaA),
and the undersigned ( ' .
WHEREAS, the Property Owner is the soleowner i fee simple
certain I property located in the Cityf Key West, Monroe,County of State Florida,
and more particularly # Oi)•
A
WHEREAS, the t is the owner and operator oft
International it ( i )g situated in the City #, County of Monroe,
Statef Florida, and in close proximity# the Property; and
WHEREAS, the County desires to obtainfor the use and
benefit of the publict of free and unobstructedflight for aircraft landing ,
taking , or maneuvering about the Airport; and
WHEREAS, the r has elected
he Key West
International Airport's t participate i t
! Insulation ( "Program"') as part of the
A
Program'
# r Iected to obtain acousticaltreatments
improvements re particularly described on Exhibit attached
hereto (t °' Improvements"); i t i_
County at no cost to the Property Owner and in exchange for the grantingto the
f an avigationt over, across and through
WHEREAS, the County ill enter into t ! contract
general contractor ( "Contractor") to providethe installation of the Program
Improvements;
WHEREAS, the Program is managed by the consultant# consisting of
team manager and assistantr, architect, mechanicali engineer,
acoustician I r selected by the County(t )i
and
the the County mutuallydesire
whichto the terms upon rill participatei the receive
Improvementsthe Program terms and conditionsiherein;
NOW, THEREFORE, in considerationthe terms, #
conditions # forth herein, and other good and valuablei ti , the receipt and
Owner Noise Insulation Agmement Page l of 2
sufficiencyf which are hereby acknowledged, the r and the our
hereby agree as follows:
1. Grant of Easement. Simultaneously withthe executionf this
the Property Owner executed andlip to the Countyan avigation
easement t "°Easernent7) which Easement has been recorded in the publicrecords
f Monroe County, Flodda. The Easement remains In full force and effect andi
ratifiedhereby ll respects.
2. Program lick ,.e ents. Consistent Wth
Federal Aviation Administrationl Improvement Program policiesn
the Program Manager has developedseries f Program PolicyStatements tl
construction 11 l ill restrictions. The Property Owner understands that
prescribed Program Improvements ill be consistent vAth the Program Policy
Statements l the r by the Program Manager. A copy of the
Programlicy Statements is attachedhereto
3. Payment of P ram Improvements. The County agrees to pay for
the Program Improver Improvernents descHbedin fhereto. The Program
Improvements ill be appmved by the Property Owner and , managed by the
Program Manager, and performedthe Contractor,
4. Impeding t ive Bid Process. The Property Owner shall riot
impede or interfere it the Contnactoesilit t I t between approved product
manufacturers rat in the preparationf bid submittals. To insure
competitive l t, the r is it frern having
discussion r communication withthe Contractor in relationto the Program, the
contractor'sl r this t until after award of the t i n contract by the
Failure f the Property Owner to complyit this l 1shall, at the option
of the County in its sale discretion, It in i ll i ti ro from the Program and
cancellation f this r t.
5. Construction ntr . The Countyill award the contractr the
ProgramImprovements n i t rat with Federal and Countycompetitive i t policies
procedures.and ill require the Contractor to completethe Program
Impmvernents withintime pedoddefined the Program Manager.
Post-Construction Responsib 11 Kies. The Pmperty Owner shall
meet all responsibilities and requirementspertaining to both - i n and post-
construction:
a. dor to the start of NIPrrt ion, the Property Owner shall meet
all Pre-Construction requirementsto include:
1) Removing all valuables (such as jewelry, coins,
antiques, heirlooms, t . from their condorni l r ;
Movingf allf r it l I into "Designated
Storagewithin the condominium, providing 1 "clear " it
_= s �� _._ .......... .........
Owner Noise lhsuladon Agreement Page 2 of 28
space in sketch) forthe Contractor. When in so, the Property Owner will have the
abIII ty to utilize the complete "floor to coiling" space.
(3) Removing of all excesdve furniture and belongings fi-orn the
condominium that will not fit in the "Designated Storage Space Area";
(4) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them In the "Designated Storage Space
Area";
(5) Removing all electronic and dust-sensitive items from their
condominium or wrapping with protective poly before storing them in the "Designated
Storage Space Area";
(6) - Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in the uDesignated Storage Space Area";
(7) Moving all small it and belongings into either the closets or
bathrooms as outlined in themDesignated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all fumiture and belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
the condominium; (2) Moving of any excessive fumiture and belongings back into
(3) Re-installation of all wall treatments, door treatments and
wall hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor fbr
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Property Owner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable to the
County and/or Contractor fbr any and all resulting damages and all direct and indirect
costs related thereto.
7. Ift)edlng Construction. Once construction of the , Program
Improvements begins, th r shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the construction of the Program
Improvements from impeding construction or altedng construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
............
Owner Noise InMation Agreement Page 3 of 28
alters the constructiorischedule, the PropertyOwner shall be liable the Contractor
and the County for any damages and all direct and indirect It thereto.
& Safe Worklng_EnVLrqnmerjt. The Property Owner shall be responsible
fbr providing f working i rat for the Programr, Conti-actor,
subcontractors, liers, and City, County, State and federal inspectors.
Throughouta. all phases of design and constructionf the Program
improvements, t n shall be responsibler
( Providing r i environment that is from potential
health risks, blohazardconditions, obstacles, f any
kind and/or explosives;
( Refraining verbal abuse or profanity;
( Refraining frorn aggressivephysicalcontact;
( Insuring that all pets are conipletelyarid contained.
b. In the eventtOwner falls to meet any of the foregoing
conditions, the Program process may, at the County'sdiscretion, temporadly
suspended t any time. In such event, the Programshall notify the Property
Owner in writing, stating the corrective (s) andlor, condition(s)required to be
completed r performed by the Property Owner priort he County resuming the
Program .
9 In the event the Program process is not resurned due to the
Property Owners failure to completethe correctivei ( arid/or it
requiredthe Program Manager, the Property Owner shall be liable to the County
and/or Contractor for any and all damages and all direct andindirect trelated
tart .
d. If the Program process is resumed, the Property Owner shall be
liable to the Countyr Contractor for any and all damages and all direct and indirect
costsIt to or caused by the temporary suspension oftl
Construction9. lays. During the construction , the Contractor,
experiencemay li tl relating to the installation of the Program
Improvements. The constructionrat ll provide that delays relatedto these
unforeseenm li tions are beyond the control of the Contractor and shall be
so that t time for completion may reasonablyConstruction schedules
may also i if there is l in awardingof the t or if the Program
Improvements to be re-bld in the event of lack of bidding contractorsfailure
of the lowest responsive, responsible bidderthe contract, t
and performance bond or,show proof of required insurance.
t . Changes o•H•w. The Program Manager reserves the right
to make changes to the l specifications r Improvements, t it
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Propeny Owner Noise Imulation Agrwment Page 4 of 28
sole discretion, at any time dudng the Program process, provided such changes do not
reduce the scope or quality of the Program improvements descirlbed in Exhibit C and
such changes are necessitated by the discovery of hidden conditions not readily
detectable during normal property inspection procedures.
11. 'Acceptance of Work. Upon t ,
completion of the Program Improvemens
the Program Manager shall inspect or cause the inspection of the Prograrn
Improvements to determine if they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and performance issues as they relate to the Contractor, subcontractors,
suppliers and acoustic designs. The Property' Owner is requested to attend the
Substantial Completion Inspection and provide input to the Construction Manager, with
respect to the identified punch-list items. In addition, the Property Owner is welcome to
attend the Final Inspection. In the event the Property Owner elects to not aftend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
per and the Program Manager as to a conformance or performance issue, the
Property Owner by be required to submit the discrepancy in writing to Monme County
(representative to be defined bethre the NIP conshuction process) within 7 days of the
inspection giving rise to the discrepancy. Monroe County shall then make a
determination as to the acceptability of the ccinformance/performanoe issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any confbmiance/perfbrTnancetissues. Failure by the Property Owner to submit the
written complaint within the time pedod specified above shall thereafter foreclose the
Property Owners right to file such complaint.
12. Termination of greement.A The Prop" Owner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the Program.
Therefore, if the Property Owner attempts to terrytinate this Agreement or otherwise
I mpedes the progress of the performance of the Program Improvements after,the award
of the construction contract, the Property Owner will be liable to the County for any and
aII damages and all direct and ire it thereby.
13. Warranties, The County does not represent or warrant the level of
noise reduction 'that the Property Owner will. experience within the Property as a result
of the Program Improvements perfoirmed as part of the Program.
a. The County agrees that its contract with the Contractor will Include
standard one (1) year warranties frorn the Contractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided fbr in Paragraph 9.
b At the end of construction, the Pmgram Manager will provide the
Property Owner with a Warranty & Final Closeout Package which will contain copies of
the warranty policies, product instructions, design documents and legal documents. As
a condition of recelvirig the Warranty & Final Closeout Package, the Prop" Owner
Ptvp"Omer Noise 1wulation Agmement Page 5 of 28
must first submit Ieted NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the WarrantyFinal Closeout Package, Owner
understandsh t the warranty policiesfor products used in the construction of the
Program Improvements i t among product manufacturers. In the event of claim, the
OwnerProperty is solelyresponsible for pursuing all future product warranty issues
directly with each product manufacturer.
. In the event of a claim, the Property Owner shall be solely
responsible r, and agrees to contact the Contractor or product manufacturer directly t
coordinatei my service and agrees to look solelyl
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of II product or construction warranty is ):
(1) The Property Owner's inquiry is not directly relatedi h r
constructioni or product warranties ( 'windowcleaning r product
maintenance) I of whether the Property Owner's inquiry riduring t -.
year warranty periodh r or thereafter,
( ) The Property Owner believes that warranty service i
requiredith respect to construction warranty issues, the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that serviceis requiredit
respect to productmy issues, the advertisedmy period for the product has
expired,not n manufacturer is currently i its business,
( ) The Property Owner believes that serviceis required with
respect to product warranty issues, and the advertisedwarranty period for the product
has expired.
1 . Pro-Existing Deficiencies. The Property Owner will be requiredt
sign Exhibit (Deficiency Hof r I t) which will impute II
responsibility anliability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
1Pro-Workui n . The y Owner will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP tic modifications. The PropertvF Owner will be requiredlet lete all
_ignated.Pre-Work items,utilizing t it fun r t ui deadliness
established , „u I I v t the Property Owner it I
designatedPre-Work items by the establishedI li , the Property Owner shall
removedbe I participation and.the Property Owner shall be liable
and/or Contractor fbr any and all resulting damages and all direct and indirect
related thereto.
1 . City of Key West "Hard-Wired" k Alarm qui In
compliance ith the City of Key West FireII and the CityBuilding
constructionDepartment it issuance i r will be
required to install 1 -volt "hard-wired" smoke a1 r in their condominium i
................�.�..
Aroper&Owner o' eI 1 et Pageof2
accordance with all applicable codes and regulationsthe requiredlip
established the NIP. T , _,,,, u r ill r t ensurem
, w
smokeat the
t iri liedin within the i nl
modification„uwork avoid anypotential 1
RMcess. In the event the rt r fait faHs to Mstall the designated_
smoke the established NIP deadline, the r ll be removed
from iP participation.
17. Suspension of Programa may be
temporadly suspendedany time during
_ the designand/or construction phases upon
the discoverym i mn i to their potential Impact on the mf
ImproVements andurn unties. The Program process will not until the
Property Owner has correctedall related problemsto the satisfaction of the
Manager. In the ant repairs are not completed in a timely manun r, the Property
Owner will be liable to the rm for any andall damages andall direct andIndirect
costs due to Iand/or tops f the work.
. Limitation on Alterationsto t ed . The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Propertymake alterations to the existing i , doors and/or waft from the time of
the. Designuntil the construction of the Program Improvements have been
completed. Excti to this I must ply in writing by the Program
Manager. Failure to adhereto this i rrm rmt may, at the ti mn of the Program
Manager in its solei ti mn, result in an immediate i the construction of
the mom Irma ants on the Property. The Propertyill be liable to the
County ll direct and indirect i with. iunapproved alterations
damages Wated .
19. Pre and Post-Construction Nof Testing l post
-
construction loan i i is a very important ant m that is designedt
measure and determine the actual achieved no�se level reduction' level at treated
properties. If I by the Manager for r - & post-construction noise
testing, the rod Owner agrees to provideto their property f6r testing
agreest to make alterationsto tl interior of their (withproperty t tipn of
ors m i u�m t , tip l � loin noise test h
construction noise test., In m iconsistent icollection, the
l r l� _ the interior layout of furniture, floor coverings
and 'window treatments fmm the time h Lore-construction nois e t the
,constructioni t T Property Owner understands that the failure t _adhere___ t
this requirement may result in corruption of time noise testing t . Therefbre, the
Property r understands they may be liable to the County for any directindirect
noisetesting t in the t these requirementsnot met.
20. Cooperation. As reasonaNyu t , the Property Owner shaH
cooperate itl the Contractor, the Program met in the
performance of all phases of the Program Improvements including, but not limited t ,
the removal and reinstallationrugs, wall hangings and furniturenecessary.
__ ....... .......
e ner o e f tat' n t 7 2
Utilities. The Property Owner shall permit the Contractor to use, at
no t to the Contractor or the County, existingutilities light, heat, power and
waterto carryt the Program Improvements.
m Des ign and Bid 9,Process Access. At scheduled tlr and/or upon
not l than twenty-four (24) hours advance notice (via NIP emag andlarletter), the
OwnerProperty agrees to provideto the Program Manager, Contractor, subcontractors,
suppliers, City, County, State andfederal 1 consultants the
Property to collectI ll final design and bidr i itcould
include, t not be limited t , property survey, design survey, hazardous material
inspection, pre-noise testing i lit. In the event the Propertyfalls t
provideto the Property for all required NIPI ° I , the
OwnerProperty shall be removed from NIPparticipation.
kPre-Construction Access. The Property Owner agrees to provide
access to the Propertyforty-eight prior tothe scheduledf NIP
construction. i lit will provide the Program Manager with the ability to ensure
that the Property Owner has met all furniture storage responsibilities. it I
result in the suspension of the scheduledI t 1 n and the r shall
be liable the CountyContractor for any andall resulting damages andall direct
and indirect t I thereto.
24. Pre
not I
t Construction t I tir r
less'than ) hours advancenotice ( "
and r the establishedI truction schedule assignment, the Property Owner
agrees to provideto the Program Manager, Contraclor, subcontractors, suppliers, City,
County, State andfederal inspectors and consultantsto the Property to provide
all required IP Pre-Construction andn t i i I visits could
include, t not be limited to final measurement, pre-construction inspections, review
Designated r requirements, post construction inspections anpost-
construction I testing. I the eventt falls to providefor all
requiredI t Construction visits, the Property Owner shall be removed
from NIPi I ti rr and the Property Owner shall be liable l° and/or
Contractor for any and all resulting damages and all direct and indirect related
thereto.
wConstruction Period Access. Upon award of NIP construction
contract, the Contractorill provide the Manager with their final construction
schedule, i ill include the required number f calendar days to completethe NIP
construction i participating ini this l , the
Programn r will assign eachr r° with a designatedr of
calendar days in Ich construction will occur in their condominium. The
Owner agrees to relocatefrom their condominium for the entirei time , In
addition, the Propertyt re-enter their property for any reason during
their assigned constructioni to safety concerns and the potential to negatively
impact the Contractor, In the event the Property Owner falls i r their
assigned construction time rl , the Property Owner shall be removed from NIP
.......
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PmpeM Owner Nobe Imulafton Agreement Page 8 of l
participation and the Property Owner shall be liable to the Countyand/or Contractor for
any andII resulting damagesall direct andindirect t I t thereto.
26. Construction Period Extensionu to Hurricanes. Sincethe NIP
construction period will extend into the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricane and/or. n actual hurricane event. Due to this
possibility, the PropertyOwner understands that delays mayoccur in addition to their
odginally assignedconstruction time rio , Without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium r all additional calendar days resulting from NIPconstruction work
stoppagesdue to a hurricanethreat or event at no cost to the County, Contractorand/or
Manager.Program In the event the Property Owner fails to provide the required
additional access to their condominium dueto hurricane-relatedstoppages, the
Property Owner shall be removedfrom NIPparticipation n the Property Owner shall
be liable the County and/or Contractor for any and all resulting damagesn II direct
and indirect s related thereto.
. Iuxo vex of - isin � icfDuring Construction. In the
event the Contractor discovers pre-existing deficiencies t the Property duringthe NIP
construction process that negatively impact the installation the NIP improvements,
the Property Owner agrees to immediately repait and remediatesuch deficiencies in an
effort to reduceany negative impact on the scheduled construction period. The Property
Owner understands that, depending on the timing tpre-existing deficiency repair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
28. lmoact of Unfbreseen _KWBTS BuildingConditions on Construction
Schedule. The Propertyr understands that unforeseen building conditionsthat
may arise uri the NIPconstruction may havethe potential to increase the original
scheduled ti of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan for t - possibility that the
odginally-scheduled construction completion datedelayed a few additional days
due to unforeseen building conditions that may arisecomplicate the NIP
construction.
29. Existing Window / Door Treatments, n li s. The
Propertyr understands that, after the installation of new NI is window
doom, the existingand/or door treatments, shades andblinds not be
compatible nor able to be re-installed due to sizes between the new and
existing windows doom.
. i i Molding. During the installation of the new
acoustic windows and doom, the NIP will be providing "standard" replacement
interior trim sills. The Propertyr understands that the NIP replacementtrim
ill not match c /or specialized crown moldingand/or custom window
and door trim. After the completion of the NIPo ' is ti , the Owner will
have the ability to makemodifications to the NIP interior trim their own expense.
......
Noise 1=1ation Agreement Page
31. Communication Requirements. The Property Owner agrees to
read and review all NIP emalls and/or letters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. 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 lions and/or title defects.
33. Coo itle. Prior to the commencement of
I - -peration 1h Clearinq T
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 whtten 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 desI e to do so (collectively, the uTitle
Matters"). If, prior to the cornmencernent of construction afthe 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.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the followring provisions-
a. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Prognarn
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 for maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and openation of
these items.
35. Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all
responsibility to the Property Owner 1br the proper maintenance of intedor moisture and
humidity levels.
36. Salvaqe of Materials &_Eq If the Property Owner desires
to retain any of"the material or equipment removed from the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage of'said
materials and equipment directly with the Contractor at the Property Owners 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
-------------
Prop"Oymer Noise Imulation Agmement Page 10 of 28
writtenof such a agreement, all Items shall become the property of the Contractor.
Materials Uiipr t not fisted for salvage by the Property Owner shall the
property of the Contractor.
. Propqqy rigurance. During Programconstruction period, the
Contractor will provide iii insurance lbr the Property. The rt r
shall have the option, the nse, to maintain
homeowner's insurance policyfor the durationthe constructionof the Program
Improvements, user understands that, following final Completion, the
Contractor's ii is risk insurance iii cease, and it is advisablethe
Owner to obtaininsurance r any value. the p the r .
38. Timing t_ _ . The Property Owner
understands that there is a chance that construction Itself may exceed the Contractors
original projected construction time period. The Property Owner also understandsthat
the construction mainvolve st a t'i` i Inconvenience anmd 'could generate sigrifficant
quantities of dust and debrisrendering portions of the Property uninhabitable i i r
extended periods time.
forever39. Labor and
l Release. The Property Owner releases and
i any iiclaims, suits and actionsagainst t the Program Manager;
the County andIts officers, employees, agents, consuttants, and contractors
suppliers °th respect to Issues relating to t labor, materials
acoustic designs utilized in Improvements. tiin In this paragraph shall
limit the warrantiesr materials andr m nshi t ins In the contractwfth the
general contractor.
40. i W In the event the Property Owner sells, conveys or
otherwise title to the Propertycompletion of all phases of Jhe
Program process, the Propertyr hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owner'sresponsibilities iii ti r this
Agreement to the buyer as a conditionthe purchase, conveyance or other transfer of
the Property.
. 'Waiver. No waiver of, acquiescence In, or consent to any braach of
any term, covenant or condition hereof shall be construed as, or constitute, a waiver ,
acquiescencein, or consent to any other, further or succeeding breach of the same or
Releaseany other term, covenant or condition hereof.
42. u . In met that this Agreement i
cancelled r the Countyi that the Easement should be releasedrecord,
the Propertyr, iupon writtent by the ii pay to the County the
sum of One Hundred Dollarsto cover the coststhe preparaUon
recording of the Release Easement, document in the public records
County, i r understands that it is the Property Owner's
responsibility to Insure such payment is made in r t "clear" the title to the
_e _ �.. ...... ......
Owner Noise Imulation Agreement Page II of 2
By Resolution No. 111-
2004,
my motioned andass t a lawfully n public meeting, the Board o
County Commissioners of Monroeo i , on the 17th day of March 2004, grant full
authority r the CountyAdministrator to executethis Agreement on behalf of the
County without further action by the Board of Countyis ion .
44. Attachments. Attachments to this Agreement include the following,
hick are incorporated into this Agreement by reference.
a. Exhibit Policy t to n .
b. Exhibit : Legal Description of Property
c. Exhibit C: Program Improvements.
d. ExhibitDeficiency old Harmless Agreement
e. Exhibit : Ventilation Holdr I s Agreement
General45. Conditions.
a. ov in Law, Venu Int o t tion, Costs, n Fees.
(1) This Agreement shall be governed by and construed in
accordance with the Laws of the Statel d lic I to contracts
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County and Property r agree that venue will lie in the appropriater befbre
the appropriateadministrative o y in Monroe County, Florida.
( ) The Countyo rt r 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 anyother
administrative or legal proceeding.
( ) The Countyr agree that in the event any
cause of action or administrative proceedingis initiated or defended by any party
relative to the enforcementor interpretation of this Agreement, the prevailing II
be entitled to reasonableo ' fees, court costs, investigative, and out-of-pocket
expenses, as an award againstnon-prevailing party. Medi iproceedings
initiated on u n this Agreement shall be in accordance with the
FloridalCivil Procedure andl and customary procedures required
circuit court of Monroe County.
b. Binding, Effect. The terms, covenants, conditions, provisions of
this Agreement shall bind andinure to the benefit of theCounty n p r
and their respective legal representatives, successors, andsins.
_..� ._._.................
��
Propeny Owner NoW Imuladon Agmement PW 12 of 2
c. Sevemb:111ty. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
covenants, ndiions.and provisionsthis Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision oft is Agreement
shall be valid and shall be enforceableto the fullest extent permittedby law unlessthe
enforcement of the remainingterms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
uthorit . 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 Property Owner action, as may be requiredI .
e. Duration of AgMement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the r and by
the Countyshall remain In r a periodreasonably i the
Program Improvements (t "), except as may be sooner terminated i
accordance with the provisions of this .
. & uxM 2f _Gfffts Grants
Assistance Funds. or Beguests. The
County r agree that each shall be, and i , empowered to accept for
the f r all of them, gifts, grants, assistance funds, or bequests to be used
r the purposesthis Agreement.
g. Claims for Federal or State Aid. The CountyProperty r
agree that each shall be, and i , empowered to applyr, seek, and obtain I and
state funs to further the purposethis aprovided that all applications,
requests, grant proposals, and funding lici ti the Property Owner shall be
approvedy the County prior to submission.
h. d u is io _ i or „ i _ County
OwnerProperty agree that all disputes and disagreements shall be attemptedto be
resolved by meet and confer sessions t tivs of each the parties.
If the issue r issues ill not resolved to the satisfaction of the parties, then any
party shall have right such relief or remedy as may be providedthis
Agreement or by Floridalaw.
i, Nondiscrimination. t r a that
there ill b n i ri i ti it any person, and it is expressly understood that
upon a determination by a court f competent jurisdiction that discrimination
occurred, this Agreement automatically terminates ith u y further action on the part
of any party, effective the date of the court order. The Countyn r
agree to comply with all Federal and Floridastatutes, all local ordinances,
applicable, relating to nondiscrimination. These include t are not limited : (1) Title
I of the Civil Rights Act of 1 ( .L. ) which prohibits discriminationn the
basis of race, color or national origin; ) Section 504 of the Rehabilitationof 1973,
s amended ( U.S.C. s. ), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended 1 1- 1 ), which
m.m w _.._ .... _ � ..
Nolse.1nniation Agmement Page 13 oft
prohibits discrimination on the basis of age, (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nond ised m Mation on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (121. 91-616), as amended, relating to
no ndiscri ml nation on the basis of alcohol abuse or alcoholism, (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscdmination an the basis of disability, (8) The Flodda Civil Rights
Act of 1992, (Chapter 760, Flodda Statutes, and Section 509.092, Flodda Statutes), as
may be amended from time to time, relating to nondiscHmi nation; (9) The Monroe
County Human Rights Ordinance (Chapter 1314, Article VIll Sections 13-101 through
13-130), as may be amended from time to time, relating to nondiscirimination; and (10)
any other nondiscrimination provisions in any federal or state statutes or local
ordI nances which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the f6rmation, execution, performance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related tothis Agreement or any Attachment or Addendum to this Agreement.
k. Books, Records, and Documents. The County and Property Owner-
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for it purposes during the term of the Agreement and for four years
following the termination of this Agreement.
L Covenant of No Interest. The County and Property Owner
covenant that neither presently has any interest, and shall not-acquire any interest,
which would conflict in any manner or degree Wth its performance under this
Agreement, and that only interest of each is to perform and recelve benefits as recited
in this Agreement.
m. Code of Ethics. The County agrees that the officers and
empI oyees of the County recognize and will be required to comply With the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Florida Statutes, ragarding, but not limited to, solicitation or acceptance of gifts, doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
P�vpeny OWner Noisermulation Agmement Page 14 of28
Solicit ation/Pavrnent. The County and Property Owner warrant
that, in respect to itself, Ithas neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement Wthout
liability and, at its discretion, to offset from monies owed, or otherwise recover, th,e full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner imp'oonjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Prop" Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall all and permit reasonable access to, and inspection of, all
documents, recoits, papers, letter's or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enfbrcethe terms of this proviwon in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attomey's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult with its advisors about
Florida Public Records L,aw in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon recelpt from the Countys custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonablefirne at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
. (3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
P�Vper&Owner Noise Insuladon Agmment Page 15 oft8
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 perfbrm the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains public records upon completion of the oontract, the
Property Owner shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not possess the
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 copied within a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
P. 'Non-Waiver of Immunity., 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 govemment liability insurance pool coverage shall not be
deemed a walver 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.
® Privile and Immunities. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules, and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
voIt eers, or employees of 'the County, when perlbirming "their respective functions
under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. Lffial Obligations and Res nsibilities'. Non-DeigggQon of
Constitutional or Sj@tL"m Duties. This Agreement is not intended to, nor shall 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
thereaf by any other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authodzing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
. ... .............. .................... ..............................................................
PropeM Owner Noise rmulation Agreement Page 16 of 28
state statutes, , specifically, the visions of Chapters 125 and 163,
Flodda Statutes.
. _Non-Reliance -� ors r nth shall nt tled
to red n t , r f�t , m t ' rat r t
enforceWrti-party claim or entitlement to or benefit of any servicer pmgram
contempWted hereunder, and the Countyr agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authorityto inform, 1, or otherwise indicate that any particular lnd�vldival or group
of and�AdiuWs, entityr entities, have enfternentsr benefits Under this Agreement
separate and apart, Mfedor to, or superior to the unit in general or for the
purposes t in this Agreement.
t. Attestations. The Property Owner agrees to execute
documentsthe reasonably i in the performance of the obligations
and duties the Countyr Property Owner under this Agreement.
. No Personal Liability. No covenant or agreement contained herein
shall be deemed to be a covenant or agreementf any member, officer, agent or
employeenroe County in his or her individual i , and no member, officer,
agent or employee of Monmeour ll be liable personally on this Agreement or be
subject to any personal HaWlity or accountability by reason of the executionthis
Agreement.
. cuts n in t r �s. This rat may be executedi
rrmr of counterp,arts, of which shall be regarded as an original, all of which
taken together h ll constitute oneand the r instrument rm the miss
hereto may executethis Agreement by slgMngand such counterpart.
w. Section ing@. Section headingshave been inserted in the
Agreement as a matter of convenienceit is agreed that such
section headings not a part of this Agreement and will not be used in the
interpretabon of anyof this Agreement.
Prop e r o' lad t Page 17 of 28
IN WffNESS WHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
............................ .................................--—-----—
WITNESSES: PROPERTY OWNER:
Signature
Signature
Printed Name
r-u c-C5
Printed Name
ek,
Signature o
Date
of"
Printed—Name
. ...............
............................ ....................... —----------------
WITNESSES: PROPERTY OWNER:
F,
'q
5'Agnature ..........
I prin me
A7
Rnew Parre
V ya
'e
Signature ---L6
-V Date
Pdnted Name
rr
................... ....... ...................
77'
—-----------------
:"MbNRO E OUNTY BOARD OF COUNTY COMMISSIONERS:
-(Seal)' MAYOR/CHAIRMAN:
A6'1
XEVIN- � , CLERK SLYVL�" MM
BY:
A4 Deputy Clerk Signature
7a Ti�
ATTORNW--
1AUPPROV_D A,470 F.... .................... ... .............
Property Omer Noise Imulation Agreepnent Prwe 18 oft
ply' N`TYIATM;Rj�_F�
Date—
PROGRAM POLICY STATEMENTS
Exhibit
To
Property Owner Noise Insulation
A. Air Conditioning: GeneraI Restrictions. Whileproviding a new du I "mini-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the followinglimitations and restrictions will apply to all condominiums:
All condensing units will be installed on the balcony
. All refrigerant lines (running from the balcony condensingunit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining a maximum height of 48
inches.
. All condensate lines will be installed on the building exterior consistent with KWBTS
Boardpolicy rules to ensure the highest level of consistencyand building
architectural aesthetics.
. All interior AC lines. (refilgerant, condensate, electrical) and Energy Recovery
Ventilator ( ) ducts will be housedin new vertical wall and comer pilasters which
ill be constructed to match the lit existing walls. The number and locations
of the vertical wall and comer pilasters ill differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executivearchitect ill
review this information with you at your NIP DesignReview Meeting.
5. Only electrical service panels that are determinedthe Program Manager to b
deficient will be replacedby the Program as a part of the Noise Insulation Program
modifications.
B. Windowy Sill Re2lacernent. Dueto the presence of asbestos, the NIP will provide a
new custom wood surround and sill instead of the existing gypsumboard surround. 0
to this revised plan, existing custom sills (marble, ite, ) will not be replaced.
This revision will be an improvement, while decreasingconstriction costs and improving
time efficlencles.
CustomC. r l i trictl
The new asbestosabatement requirementswill restrict the bill to remove existing
custom ri and baseboard prior to construction ( s originally assu ), which will not
allow sufficient time for the awarded general contractor to securecustom matched
replacement trim. Therefore, existing crown moldings, wall trim, and base, .the
contractor will, instead, cut the existing trim u to the face of the new pilaster or
t ru wall ac4nfill. At new pilaster locations and, if the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard ( " x 5-112� painted wood trim
abut the existing trim, rather than attempting to match the existingcustom trim profiles
and materials. After the completion of the NIP construction, the property owner will
i it A-Prupeny Owner Noise Insidadon Agreement Paje 19 of2
have the option to replace the Installed trim with other custom tdrn to match the existing
materials and profiles.
D. Door Threshpl& Heights. Due to stringent Flodda hurricane impact and, water
infiltration building codes, all new aluminum acoustical prime entry sWnglng doors and
sIli ng glass patio doors vAll 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 infiltration dudn'g
a hurricane.
E. KWBTS Asbestos Eptin 2
As required by state arid federal requirements, THC conducted asbestos testing.on all
participating KWBTS condominiums in Buildings A, B and C during the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board joint compound, window glazing, and exterior
window and door caulking. In addition, random exterior stucco samples were collected
on both the uwalkway" 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 rernoval and acoustic door installation,
- removal of portable "through-wall" AC units and the in filling of openings,
- ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters raquired for installation of the ductless
AC system & ERV ducts,
- construction of closet soffit fbr Installation of the ERV.
F. Asbestos AbateMRflLftguirements
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor Ml be required to perform the following abatement
requirements during construction:
.If samples stiow a presence of ACM < 1%
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
Exhibit A-Property Owner Noise Insulation Agreement Page 20 of 28
tf sqmj)les show a Dresence of ACM >1%
The NIP contractoi-m-dil '-required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency(EPA)to include:
- Construction of ACM containment barriers in all areas (wells, cvfflngs, closets,
windows(dom), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
- Air sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non,abatementh workers.
- THC will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance Wth federal and state abatement guidelines.
- The presence of ACM will have a slgpificant impact on the NIP construction
process, lengthening the construction perlod and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
will result Inn property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD AuLhorlty of Deslqn Decisions. The KWBTS Boarzi will have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-SplIVAC Systern Installation Requirements
5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement
6. In-Fliled Kitchen Prime Door Policy Treatment
.....a—-——--------
Exhibit A-Propen:p Owner Noise Insulation Agmement Page 21 of28
LEGAL DESCRIPTION
Exhibit
NoiseTo
Homeowner l i t
Condominium Unit No. 11 C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
7 , as amended from time to time, of the Public Records of Monroe County, Florida.
Exhibit - r e l do t ................ Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit
NoiseTo
Homeowner l i
This Exhibit C representsthe Program Improvement package r an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property ii of five ( ) decibels.
typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement lu iuAcoustical Swinging PdmeDoor(s)
Replacement Aluminum Acoustical li in I doDoor(s)
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tbtt C- r Noise Inndation AVwmenta 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
PropertyTo
iInsulation
1. In partial consideration of the compensation to be paid I the
County and the Program for the Program Improvements to be made to the Property
descdbed in the Agreement of even date ` (t t") between the County
and Property Owner and to whichthis Exhibft Q is attached, the un i ned, r and on
behalf of the undersigned and the heirs, personal representatives, .successors, and
assigns of the undersigned, y r releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
conceming any and all claims, demands, damages, actions or causes of action of
whatsoever kind and naturen account of bodilyinjuries or death, damage to the property,
and the consequences -t of, and any of the foregoingwhich may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns i
connectioni any and all Pre-Existing efici nci ( "Deficiencies") against said
Countyr any of ` iagents, employees, consultantsfor contractors
legally liable.
Owner2. The Property understands andassumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the Deficlencles include any
deficiencies in the Property at the time of execution of this Agreement which could
include, not be limited , code violations, structural damage, water 1 moisture
hazardous materials, infestation for any issue t would negativel impact
the installation and perlbirmanoe of the Program Improvements.
. If visible, the Property Owner understands that the Program Manager may
identify and document Deficienciesy time throughout the Program process
(including sign, bid and construction processes). If Identified ocu nte , the
Program Manager will classify the observed either"Minor" or'Severe".
5. The Property Owner assumes full responsibility for the worseningof any
documented Minor Deficiencies.
a. In the rare event "Severe" Deficiencies - identified duri the design
process, the Property Owner agrees to completenecessary i to the , t
the acceptancethe Program Manager, as a preconditionto the commencement of
construction of the Program Improvements. In the rare event that "Severe" fici nci s
uncoveredare ri the construction period, the Property Owner agrees to complete
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Ekhibit D-Prop&V Omer NoiseInsulation t Page 2
neces irsto the Property, to the acceptancethe Program Manager t
minimize I or stoppages of work.
. The undersigned acknowledgethat all of the releasel
harmless and indemnity vi ions set forth in Paragraph 1 of this Exhibit Q apply t
property damage, Injuries, deaths, or damages arisingDeficiencies and/or all
negative impacts that later result after the additionf the Program Improvements. h
provisions of this Exhibft_Q shall survive the termination r expiration of the Property
Owner Noise Insulation .
8. The undersigned the terms andprovisions of this Exhibit
_ shall be binding upon, and inure to the benefit of theundersigned it respective
ii6lrs, personal representatives, successors andassigns.
WITNE! S: �1' PROPERTY OWNF,�:
nature . �' . ,... ._ 1,,1-.,,,,,SigneLife
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Prtn Name
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Signature
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Printed Name
IT PROPERTY R'
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Printed Name
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WITNESSES: PROPERTY OWNER:
SignatureSignature
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Signature
Date
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itt D-Property 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 ExhibN E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, lbraver releases, remises, discharges, ipp
ndemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs,, personal representatives, successors and
assigns in connection Wth any and all Ventilation Deficiencies (the WDeficienclee') against
said County or any pf Its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of 1hrough-wall" portable air conditioner it
and the addition of a replacement ductless "mini-split" air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
Wil 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 during period's 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 showers are a source of
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
Eahibit E-Propeny Omer Noise Imuladon Agreement Page26of28
bathroomof to in a central building exhaust shaft. Duringthe Program design
survey process it was discoveredthe KWBTS buildingslack lid central building
exhaustshaft. Due to this existing condition, these original wall v (if stillpresent)
have the potential to providet for unwanted ir, smoke and/or gases into the
condominium interior. The PropertyOwner agrees to assumefull responsibility for the
sealing f odginal wall vents in all bathrooms and for any and all negative impacts that
y result if left untreated.
5. It is clearly building code violation to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the eventOwner incorrectly
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correctthis deficiency properly exhausting their laundry dryer exhaust in an
alternative the that meats current building , at their cost beforeinitiation
the construction process. Furthermore, the Property Owner agrees to assume
any and all liability I to the improper ducting of their laundry r exhaust.
Owner6. The Property understands thatthe Improvements will not
address kitchen and bathroomventilation andfor excessive interior humidity levels
generated the Property-Owner within the interior of the condominium. The Property
Owner understands and assumes full responsibility for maintenance of interior moisture
and humiditylevels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence or worsening of moisture problemsfor interior humidity
levels in the Property. In addition, the Property Owner agrees to assumefull
responsibilityfor the maintenanceoperation the.NIPventing ifi io r
completion of the Improvements.
. The undersigned t all of the release, hold
harmless andindemnity visions set forth in Paragraph I of thisExhibit E applyt
injuries, deaths, or damages sustainedin connection with or as a resultof any and all
interior ventilation defici ncis arising after the additionthe Program Improvements
including, u not limited o, high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation. visions of this Exhibit E shall survive the termination or expiration
the Propertyr Noise Insulation Agreement.
undersigned8. The t the termsn provisions oft i
ExhibitII be bindingi fit of the undersignedn their
respective heirs, I representatives, successors and assigns.
I }j' PROPERTY OWNE , m
Signature
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Printe(!Name � r
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Printed Name �e.—
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Date
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ibit E-Property Owner Noise Insulation Agreement Page 27 of 2
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W 17N E S,,p E : PROPERTY OWNER:
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WITNESSES: PROPERTY OWNER:
Signature
Signature
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POnted Name
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Signature
Printed Name
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Exhibit -Property OymerNoise Instdation Agreement Page 28 of 2