09/18/2019 Agreement/Easement-C117 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
Heather
NIP Assistantj r RacmxW V21/2(no 1o.55 Am PAP t Of4
THC,
1 ! It 1 o
ul , 1 Filedof
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Key West International
Noise
THIS EASEMENT AGREEMENT is entered into this day of ,
20 {r°'� , by "HEIRS AND DEVISEES OF THE ESTATE OF ERNEST H. ,��
hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD
F COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as
"BOCC.A
RECITALS:
A. The Property Owner is the fee simple titleholder to certain realp p ("the Property")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 117-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declarabon of Condominium thereof, recordedin Official Records Book 5 , Page 370, as amended
from time to time, of the Public Records of MonroeCounty, Florida.
also identified as street address: "2801 S. RooseveltBlvd., Unit 117"
B. The BOCC is the owner and operator of Key West international Airport("the Airport')and
desires to make properties that, through interior noise exposure testing, are determined
incompatible sult of their exposure to aircraft noise compatible for residential
purposes through the implementation of a Noise Insulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the Property Owners Property necessary to reduce
interior noise levels at least 5 dB and to bring the average interior noise level below 45
in accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United States o rnnt
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacitythe owner and operator of the Airport.
t l I AI I —A ° on (Unit OCI1 Page
r
E. The Property Owner desires to participatein the NIP and has enteredinto a Property
Owner Noise Insulation Agreement with the BOCC. The OC' implementation of the
NIP will benefit the Owner and the Property by providingi medial sound
attenuation construction on all eligible residential structures on the property necessary
to achievereduction in DNL indoor noise levels of at least 5 dB and bring the average
interior noise level below 45 dB in accordance with Federal Aviation Administration
policy.
. The Property Owner fully understands that the NIP ellgibift couldchange at some future
time, but is currently based on the 2013 Existing Condition Noise Exposure
accepted y the Federal Aviation Administration ("the °) on December 1 , 2013.
. The NIP will be administered in accordancewith the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
THEREFORE,NOW for and in consideration of the improvements a made to the Subject
Property through the NIP,the receipt and adequacy of whichis hereby c led y both
parties, and in consideration and Incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns n all
successorsin interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors and assigns, a perpetual avigation easement over the . The use
of the Easement shall include the right to generate and emit noise and to causeother
effects may be associated with the operation of aircraft over or in the vicinity of the
property.This Easement shall apply to all such aircraft activity. t the Airport, present or
in whatever fbrm or type, during operation at, on, to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easement.
. This Easement shall be perpetual In nature n shall bind and run with the title to the
propertyand shall run to the benefit of the BOCC or Its sucoessorin interest as owner and
operator of the Airport.
. The Property Owner on behalf of the a Owner, b heirs, assigns and successors
in interest,does hereby releasethe BOCC, and any and all related parties of the BOCC,
including but not limited to BOCCmembers, officers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
or will in the future possess, as a result of Airport operations or aircraft activitiesand
noise levels l to or generated by Airport activity, 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 property dueto noise, and other effects of the operation of the
Rai— t I m oiie AiEport NIP—Awl g on Eas (UnR 117 Page 2 of 4
Airport or of aircraft landing or taking off at the Airport.
. This Easement expressly excludes and reserves to the Property Owner and to the
PropertyOwner's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for
physical damage or personal injury use y any aircraftr part of any aircraft using
the Easement that does identifiable ph i I damage to the property or injury to a per-son
on the property.by cominginto direct physical contact with the property or the person on
the property.
5. Should either party hereto or any of their successors or 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 any alleged breachof
any provision of this Agreement, the prevailing party shall be entitledto all costs,
damages and expensesincurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate ion.
vision of this Agreement is to be interpreted for or against any party becausethat
party r that party's legal representative draftedsuch provision. This Agreement shall be
interpreted and construed accordingto the laws of the State of Florida.
7 o breach of any provision of this Agreement may be waived unless in writing. Waiver of
any one breach of any provision of this Agreement shall not be deemed to be a waiver
f any other breach of the same orany other provision of this Agreement. This Agreement
may be amended only by written instrument executed the parties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained herein is held invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severablefrom the remainder of this Agreement
and shall in no way affect, impair or invalidate any other provision hereof so long the
remaining provisions do not materially alter the rights n obligations of the parties. If
such condition, covenant or other provision shall be deemedinvalid due to this scope or
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the scope or breadth permittedlaw.
8. In the event the Airport shall be subdivided into more than one parcel, r the Airport or
portion thereof becomes subject to operation, management or administration by a party
in addition to or in lieu of the BOCC, then and in that event the parties agree that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard i ort flight purposes, and that any such successor
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder.
9. The Property Owner agrees that the a Owner shall bear and be responsible for
all costs of maintaining n operating any sound attenuation materials and equipment
installed in the Propertyy or on behalf of the O .
.__f ..e . _.._.. _ _...._
Key lrrte anal Airport N1P—Avlpatlan EamnteM—(Unit 117} Page 3 of 4
This Easement Agreementis executedfirst written.
PROPERTY OWNER: a°
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Printed Name
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COUNTY OF
The foregoing instrument was acknowledged e this dayof
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by ,� ,
Property Owner Name(s)
Nolary Pubse ftds of Flp
.�:..m y commission ke Jamie Y n
is Signature
Exores i
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RO E C U TY OAR® OF COUNTY C ISSI V
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Printed Name
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Signature
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STATE OF FLORIDA
COUNTY F MONROE
The foregoing instrument was acknowledgedthis day ,
by,..
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
atu
wM. - - My Commission
Wary Public ignm
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Key%iisf
Inliit ! r p or t NIP—Av i—ge U on Ea as m
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PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY T INTERNATIONAL , MONROE COUNTY
THIS NOISE INSULATION (this " rent°) 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 °Prope Owner").
I T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhlbft B,attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the ° it orr), situated in the City of Key West, County Monroe,
State of Florida, and in close proximity to the ; and
WHEREAS, the County desireto obtain and preserve r the use and
benefit o thepublic right o f and unobstructed flight for aircraft landing upon,
king 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 Pro (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property more particularly described on Exhlbft C attached
hereto (the "Program Improvements"); said Program Improvements to be paid for by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the Property; and
WHEREAS, the County ill 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 consisting of
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',
NOW, THEREFORE, in consideration of the terms, covenantsand
conditions set forth herein, and other good and valuable consideration, the receipt and
_..._ __ _.........._......... __... _ . . ..
OwnerPropvny Noise Insulabon1 of2
sufficiency ich are hereby acknowledged, r r and the County
herebyr follows:
. Grant of Easement. Simultaneously withthe executioni
Agreement, the Property Owner executed and deliveredto the County an avigation
easement (t ) which Easement has been recorded in the public records
Monroeof I ri . The Easement remainsin full force and affect and i
herebyti in II respects.
l t _, i it t r and/or
Federal Aviation "din"i"is"tra-tionit Improvement Program policies ,
the Programr has developed a series of ProgramPolicy toutlining
construction iiill restrictions. r r understandq
prescribed Improvements will be consistent with the ProgramPolicy
Statementsr i the Propertyr by the Program Manager. A copy of the
Program licy Statements is attached hereto
. Ppyment of InMgram Improvements. The County agrees to pay for
Programthe Improvements in Exhibit . The Program
Improvements il! be approved by the Property , managed by the
Programr, and performedContractor.
4. imp u, �., wS m .tL��ve Bid Proggg� The Property Owner shall not
impede or interfere withability Iproduct
subcontractorsmanufacturers and in the preparationl l ! , To insure
competitive l it t, the Propertyr is prohibitedhaving
discussion r communication withContractor in relation to the Program, the
contractor'si , or this I r award of the constructionthe
Failurer to comply °t i i II, at the option
f the County in its solediscretion, ! in disqualificationfrom the Program
cancellation ! t.
.ProgramConstructioImprovements consistent
t ill r t r t
he
i, t it l and County competitivebidding li i
and procedures. t will require the Contractor to completethe Program
Improvements wi i i the Program Manager.
Post-Construction Respi il fties. The Property Owner shall
meet all responsi ftles and requirements pertai i th pre-construction and post@tr i .
. Prior to the start of NIPconstruction, the Property Owner shall meet
allPre-Construction it to include:
(1) Removing all valuables (such as jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of allfi i i into t 'Designated
Storageit the condominium, providing I "cleararea" (white
Props r Itore . �....__
_.. . . .. A 2of2
space in sketch) for the Contractor. When doing so, the Property Owner will have the
ability to utilize the complete °floor to ceiling" space.
(3) Removing of all excessive furniture n belongings from the
condominium that will not fit in the "Designated t a Spa a";
( ) 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 Spa ";
(6) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in the "Designated t a Spa a
(7) Moving all small items and belongings into either the closets or
bathrooms outlined in the aDesignated Storage Space Sketch"
. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated to Space Areas" back to their original positions in thecondominium:
( ) Moving of any excessive furniture and belongings back into
the condominium;
( ) Re-installation of all wall treatments, door treatments and
II hangings back to their original positions in the condominium.
c. In the event the Property Owner fails to perform any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removedfrom NIP
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damagesand all direct and indirect costs relatedthereto.
. In the event the Property Owner fails to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable to the
County and/or Contractor for any and all resulting damages and all direct and indirect
costslatd thereto.
7. Impedinq Construction. Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the construction of the Program
Improvements from impeding nt Ion or altering construction schedules. In the
vent the Property Owner or any tenant occupying the Property impedes construction or
._.._._... ............ ........
OwnerProperty s I `OnAgreement Page 3 of 28
alters the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8. Safe inc Environment. The Property Owner shall be responsible
for providing a sa o in environment for the Program Manager, Contractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsible for:
(1) Providing a workingenvironment that is free from potential
health risks, biohazard conditions, hazardo6s chemicals, t cle , weapons of any
kindand/or explosives;
( ) Refraining from verbal abuse or profanity;
( ) Refraining from aggressive physical contact; and
( ) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner fails to meet any of the foregoing
conditions, the Programt the County'County's discretion, be temporarily
suspended at any time. In such event, the ProgramManager shall notify the Property
Owner in writing, stating the corrective action(s) and/orcondition(s) required to be
completed or performed by the Property Owner prior to the County resuming the
process.Program
c. In the event the Program processis not resumed due to the
Property nr's failure to completethe corrective action(s) and/orcondition(s)
required by the ProgramManager, the Property Owner shall be liable to the County
and/or Contractor for any andall damages and all direct and indirect costs related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction Delays. Duringthe construction period, the Contractor
may experience unforeseen complications relating to the installation of the Program
Improvements. The construction contract shall provide that delays relatedto these
unforeseen complications are beyondthe control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revisedif there is a delay in awarding of the contract or if the Program
Improvements have to be re-bid in the event of lack of bidding contractors and/or failure
of the lowest responsive, responsiblebidder to execute the contract, provide a payment
and performance bond or show proof of requiredinsurance.
1 . Changes to __ of . The Manager the right
to make changes to the plans and specifications an the Program Improvements, at its
_....._............... ... _ _ ...... _._
Propeny Owner Noise n o Z
sole discretion, at any time during the Program process, provided such changes o not
reducethe scope or quality f the Program Improvements escri in Exhibft C and
such changes r necessitated the discovery of hidden conditions not readily
detectable during normal property inspection procedures.
11. Acceptance of Work. Upon completion of the Program Improvements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to determine If they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority n program
conformance n rf n 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 theConstruction Manager with
respect to the identified punch-list items. In addition, the Property Owner is welcometo
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they release and surrender their ability t
provide input to the Construction Manager with respect to the cc of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
Property Owner shall be requiredo submit the discrepancy in writing to Monroe County
(representative defined bethre the NIP construction s) within 7 days of the
inspection giving rise to the discrepancy. onro County II then make a
determination as to the acceptability of the conformance/performance issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conformance/performance/issues. Failure the Property Owner to submit the
Tien complaint within the i period specified above shall thereafter foreclose the
Propertye right to file such complaint.
1 . Termination f Agreement. The Property Owner understands that
the signing of this Agreement initiates both the BIDn CONSTRUCTION
the Program Improvements to be performed in accordance withthe Program.
Therefore, if the Property Owner attempts to terminatethis Agreement or otherwise
impedes 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
all damages and all direct and indirect costs causedthereby.
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 perf as part of the Program.
. The County that Its contract It the Contractor will include
standardone (1) year warranties from the Contractor for all materials andworkmanship.
Such one-year warranty periodshall commence as of the time of the acoeptance of the
work as providedr in Paragraph 9.
. At the end of construction, the Program Manager will provide the
Property n r with a WarrantyFinal Closeout Package which will contain copies of
the warranty policies, product instructions, design documents and legal documents. As
condition of receiving the Warranty & Final Closeout Package, the Property Owner
_._.___......................
Property Owner Nobe 1=lWonAgmement PW
_...5
must first submit a completedNIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements r among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any required warranty service andto look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty isu ( ):
(1) 'The Property r inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maintenance) regardless of whether the Property Owner's inquiry rises during the one-
year warranty period from the Contractor or thereafter;
( ) The Property Owner believes that warranty servicei
required with respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired',
( ) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty periodr the product has
not expired, and the manufacturer is currently nuctin Its business; and
( ) The Property Owner believes that service is requiredwith
respect to pmduct warrantyissues, and the advertised warranty period for the product
has expired.
14. Pro-Existing Deficiencies. The Property Owner will be required to
sin Exhibff Q (Deficiency Hold HarmlessAgreement) which will impute all
responsibility and liability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
1 . Pre- ork _ uIrements. The Property Owner will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic modifications. Thero Owner will be requiredto comp l t _all
_designated Pre-Work items utilizing their own funds andr_the uired deadlines as
establish , the NIP. In the event the Property Owner fails to complete the
designated Pre-Work items by the established NIP deadline, the Property Owner shall
be moved 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.
1 . Cite of Key West "Hard-Wired" Smoke Alarm Reguirement. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required to install 1 -volt whard-wiredo smoke alarms in their condominium in
_ ............. -------
Property ___
Owner Noise Imulation Agreement Page 6 of 28
accordance withII applicable codes and regulationsby the required deadline a
established by the I . The Property Owner will be responsible to ensure that the
smoke 1 not installed in same areas within the condominium ww„where NIP
.modification work will occur, to avoidtpny_potential impedance to the NIP construction
Rrocess. In the event the Property Owner falls to install the designated ohard-wireds
smoke la the established NIP deadline, the Property Owner shall be removed
from I participation.
17. usnion of Pray Pro s. The Program process may b
temporarily suspended at any time during the design and/or construction phases upon
the discovery of Deficienciesdue to their potential impact on the Program
Improvements and productwarranties. The Program process will not resume until the
Property Owner has corrected all related problemsto the satisfaction of the Program
Manager. In the event repairs are not completed in a timely manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay and/or stoppages of the work.
18. Limitation on Alterations to the P
"p_pqj, The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Propertyto make alterations to the existing windows, doors and/or walls from the time of
the Design process until the construction of the Program Improvements have been
completed. tion to this rule must be pre-approved in writing by the Program
Manager. Failure to adhereto this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate u pension of the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect s citwith unapproved alterations
damages related thereto.
19. Pre and Post-Construction Noise Testing Process. - & post-
construction noise testingis a very important Program process that is designed to
measure n e r i the actual achieved noise level ion level at treated
properties. If selected by the Program Manager for pre- & post-construction noise
testing, the Property Owner agrees to provide access to their propefty for testing and
agrees to not to make alterations to the interior of their property (with the exception of
repairs of Deficiencies) from the time of the pre-construction noise test to the.most-
construction noisetest. In n eart to insure consistent noise data collection, the
Property Owner also agrees to preserve the Interior layout of furniture, floor coverings
and window treatments from the time of the pre-construction noise test to the-,post-
construction noise%test. The Properly Owner understands that the failure to adhere to
this requirement may result in corruption of the noise testing data. Therefore, the
Property Owner understands they may be liable to the County r any direct and indirect
noise testing costsin the event these requirements are not met.
0. Coo tin. As reasonablyquest the Property Owner shall
cooperate with the Contractor, the Program Manager and Monroe County in the
performance all phases of the Program Improvements including, but not limited to,
the removal and reinstallationof rugs, wall hangings and furniture ne
Propeny r Now Imuladon Agmement Page 7 of28
1. Utilities. The Property Owner shall permit the Contractor to use, a
no cost to the Cant or r the County, existing utilities such as light, heat, power and
ter necessary to carryout the ProgramImprovements.
in and ,Bid Process Access. At scheduled times and/or upon
not less than twenty-four ( ) hours advance notice (via NIP email andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, to and federal inspectors and consultants accessto the
Property to collectdevelop all final design and bid documents. These visits could
include, but not be limited t , property survey, design survey, hazardous t ri I
inspection, -noise testing npre-bidvisit. In the event the Property Owner fails to
provide access to'the Property for all required NIPDesign and Bid Processvisits, the
Property Owner shall be removed from I participation.
. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight ( ) 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 liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect t lte thereto.
. Pre andPost Construction Access. At scheduled times and/or
upon not less than twenty-four ( ) hours n notice (via NIPemail an or letter)
and per the established NIPconstruction schedule i nnt, the Property Owner
agrees to provide to the ProgramManager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors consultants access to the a to provide
all required NIPPre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction 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 I n Post Construction visits, the Property Owner shall be removed
from IP 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 fated
thereto.
25. Construction Period Access. Upon award of NIP construction
contract, the Contractor will provide 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. a this schedule, the
Program Manager will assigneach' 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 entiressi n d time period. In
addition, the Property ner agrees not tore-enter their property for any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner fails to provide access for their
assigned construction time period, the Property Owner shall be removed from NIP
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Property Owner Noisefmulafion A
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 relatedthereto.
. Construction Period Extension Due to Hurricanes. Since the 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 anactual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally assigned ntruction time period, without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium for all additional calendar days resulting from NIP construction work
stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owner fails to provide the required
additional access to their condominium due to hurricane-related work stoppages, 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 t l thereto.
27. qkqpq of Pre-Existing Deficiencies During Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately repair and remediate such deficiencies in an
effort to reduce any negative impact on the scheduled construction period. The Property
Owner understands that, depending on the timing of the pre-existingdeficiency pair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
. Impact of Unforeseen KWBTS Buildin ,Rnditions on Construction
Schedule. The Property Owner understands that unfo seen building conditions that
y arise during the NIP construction may have the potential to increase the original
scheduled u tion of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan for the "worst-case" possibility that the
originally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arise and complicate the NIP
construction.
. Existing Window / Door Treatments Shades and Blinds. The
Property Owner understands that, after the installation of new NIP acoustic window and
doors, the existing window and/or door treatments, shades and blinds may not be
compatible nor able to be re-installed due to size differencesen the new and
existing windows and doors.
3 . Existing Crown MoLdir1q., During the installation of the new
acoustic windows and doors, the NIP will be providing new "standard" replacement
interior trim and sills. The Property Owner understands that the NIP replacement trim
will not match gusto and/or specialized crown molding patterns and/or custom window
and door trim. After the completion of the NIP modifications, the Property Owner will
have the ability to make modifications to the NIP interior trim at their own expense.
Propeny Owner Noise Imulabon Agmemnt Page 9 of 2
4. Communiotion Re Dui men The ner to
read nd review all NIP emailsand/or letters in a timely fashion which are bin
provided the NIP to ensure schedule of n . In the event the Property Owner
fails to meet this requirement, it could resultin removal from NIP participation.
. Title Examination. The Program Manager has obtained or will
obtain, at its sole t and expense, n "Abstract Title" to ensure that the Property
title is free from liensand/or title defects.
33. Cooperation in�Clearing_Title. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (i) correct any title defects affecting the Property which are disclosed
by t "Abstract Title" and in the sole determination of the County a to
invalidate the Easement, and (ii) secure the written consent of anyn all mortgage
holders to the Property Owner'sconveyance the Easement to the County If the
County et r ins that it is necessary or desirable to do s (collectively, t "Title
MatteW). If, prior to the commencement of construction of the Program Improvements,
the County, in b solediscretion, determines that the Title Matters affectingthe Property
y invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
. Federal—Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements n r completion of the Program Improvements as may reasonably
be quested by the Program Manager and/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance andoperation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County responsibility for maintenance andoperation of
these items.
35. Reduction of Fresh nn it Infiltration. The Property Owner ill be
required to sign Exhlblt_E (Ventilation Hold Harmless Agreement) which imputes all
responsibilityto the Property Owner for the proper maintenance of interior moisture and
humidity levels.
36. ai _ of-Materials &�Equipment If the PropertyOwner desires
to retain any of the material orequipment ve the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials n equipment directly withthe Contractor at the Property Owner's sole risk
and expense. The County assumes no responsibility for the condition of the material,
equipment or surrounding surfacess a result of the owner-requested Iv . The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree n and executedocument listing those items to be salvaged. In the absence
PrWeny Owner Noise Insulation 10 o 2
of such a written agreement, all items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property f the Contractor.
7. Propp& Insurance. urin m construction period, the
Contractor will provide builder's risk insurance r the Property. The Property Owner
shall have the option, at the Property Ownerssole cost and expense, to maintain a
homeowner's insurance li for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builder's risk insurance will cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property the Program.
. Timing and Effects_ of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debrisrendering portions of the Property uninhabitable r
extended periods of time.
. Labor and Material uua Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County n its officers, employees, agents, and contractors and
suppliers it s to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40. Sale of Propedy. In the event the Property r sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, vyn or other transfer, and to
transfer all of the Property Owner's responsibilitiesand obligations under this
Agreement to the buyer as a condition of the purchase, nve n r other transfer of
the Property.
1. _Waiver. No waiver of, acquiescence i , or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, waiver of,
acquiescence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
42. Release of Easement. In the event that this Agreement is
cancelled r the County determines that the Easement should be released of record,
the Property Owner, upon written request by the County, shall pay to the County the
sum of Oneand ll ( 1 0. ) to cover the costsof the preparation and
recording of the Releaseof Easement document in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order t "clear" the title to the Property.
-
.. ........... _.
se I tin a 11 oJr28
. Authority to Execute..,On Behalf Of Count, By Resolution No.Z004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 1r day of March 2004 grant full
authority for the County Administrator to execute this Agreement on behalf of the
County without further action by the Board of County o is ion .
44. Attachments. ce to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit : Program Policy Statements.
b. Exhibit : Legal Description of Property
c. Exhibit : Program Improvements.
. ExhibitDeficiency Hold Harmless Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
. General Conditions.
. Governing Law Venue. Integra tion:_Costs and Fees.
(1) This Agreement shall be governedy and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue Wil lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida.
( ) The County and Property Owner agree that, in the event of
conflictinginterpretations of the terms or a term of this Agreement y or between any of
them, the issue shall be submittedto mediation prior to the institution of any other
administrativeor legal proceeding.
( ) The County and Property Owner agree that in the event any
use of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing aMediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures requiredy the
circuit court of Monroe County.
. ww iin� Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
....... ............._... ....—
Owner Noise Imuladon Agiventent12
c. Severabilily. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or on) shall bedeclared
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 enforceableto the fullest extent permitted by law unless the
enforcement of the remainingterms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. uthor' Each party represen rrantsto the other that the
execution, delivery and performance of this Agreementh v been duly authorized by all
necessary County and Property Owner action, as may be requiredlaw.
. Duration O ent. 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 pedoda on l qui to effect the
Program Improvements (the "Term"), except as may be sooner terminated in
accordance with the provisions of this Agreement. .
f. Acceptance of GIftsn s n Funds., or ftqpests. The
County n ropOwner agree that each II be, and i , empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes f this Agreement.
g. Claims for Federal or State Aid. The County n Property Owner
agreethat each shall be, and is, empowered to apply for, seek, and obtain federal an
state funs to further the purpose of this Agreement', provided that all applications,
requests, rant proposals, and funding solicitations by the Property Owner shall be
approved y the County prior to submission.
h. Ad
iuJcain of i tes or Disagreements. The County and
Property Owner agree that all disputes and disagreementsshall be attemptedto 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 providedby this
Agreement or by Florida law.
i. Nondiscrimination. The County Property Owner agree that
there will be no discrimination against any person, and it is expresslyunderstood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, is Agreement automatically terminates witut any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agreeto comply with all Federal and Florida statutes, and all local ordinances,
applicable, relating to nondiscrimination. These include but are not limited t : (1) Title
I of the Civil Rights Act of 1 ( .L. -35 ) which prohibits discrimination on the
basisof race, color or national origin; ( ) Section 504 of the Rehabilitation Act of 1973,
as amended (20 U.S.C. s. ), which prohibits icri ination on the basis of handicap;
( ) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
...................
� _ .....__ _ ......
r Noise Immladon AgmementPw 13 o t
prohibits icri ination on the basis of age; ( ) The Drug Abuse OfficeAnd Treatment
Act of 1972 ( .L. - ), as amended, relating nondiscrimination on the basis o
drug abuse; (5) The ComprehensiveAlcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 ( .L. 1 1 ), as amended, relating
nondiscrimination on the basis of alcohol abuse or alcoholism; ( ) The Public Health
Service Act of 1912, s . 523 and 527, (42 U.S.C. 290 dd-3 and290 s - ), 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. 11Note), as may be amended from time t
time, relating to nondiscrimination on the basis of disability; ( ) The Florida Civil Rights
Act f 1992, (Chapter 760, Florida Statutes, and Section 509.092, Floridatatute ), as
may be amendedfrom time to time, relating to nond iscrim ination; ( ) The Monroe
County Human Rights Ordinance (Chapter 11 , Article VIII Sections 13-101 through
13-13 ), as may be amendedfrom time to time, relating to nondiscrimination; and (1 )
any other nondiscrimination provisions in any federal or state statutes or local
ordinances hich may apply to the parties t , or the subject matter o , this Agreement.
j. Cooperation. In the event any administrativeor legal proceeding i
instituted against either party relating to the formation, 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 relatedto the substance of this Agreement or provision of the
services under this Agreement. The County n roeOwner specifically that
no party to this Agreement shall be requiredto enter into any arbitrationdin
related to this Agreement or any Attachment or Addendum to this Agreement.
Books,k. co , and Documents. The County and Property Owner
shall maintain books, records, and documents directlypertinent to performance under
this Agreement in accordance withgenerally accepted accountingprinciples
consistently applied. Each party to this Agreement or their authorized representatives
shall have nle and timely access to such records of each other party to this
Agreement for audit purposes duringthe term of the Agreement and for four years
following the termination of this Agreement.
1. 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 with its performanceunder this
Agreement, and that only interest of each is to perform and receive benefitsrecited
in this Agreement.
. Coe of Ethics. The County that the officers and
employees of the County recognize and will be required to complywith the standards of
conductI tin o public officers and employees as delineatedin Section 11 . 1 ,
Florida Statutes, in , but not limited to, solicitation or acceptance of gift; doing
business with one's agency; unauthorizedcompensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
. __.............._ ........ _..
Propeny Owner Nobe 14mladon Agreentent Page 14 of l
i ti r warrant
that, in t to itself, it has neither employed nor retained any company or
other than a bona fide employeei l i r it, to solicitt secure this
and that i I r agreed to pay any person, company, corporation, individual,
or firm, r than a bona fide employeeworking i , any f , commission,
gift, or other consideration contingent upon or resulting from the awardr
makingof this t. For the breach or violation of this r ' i , the Property
agreesOwner the County shall have the rightt r i this t without
liability , at its discretion, to offset from I , or otherwiserecover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. eublic Access., r r shall allow
permit ! to, and inspectionf, all documents, papers, l r other
r !s subject to the pr i ! Chapter 119, Florida Statutes, and made or
received by the County and Propertyr in conjunctionit this Agreement; the
County I have the right t iltrll cancel this t upon violationof this
provision the PropertyPublic i r must
comply with Floridapublic laws, including but not limited to Chapter , Florida
Statutesti article tit ti f Florida. The County and
Propertyr shall allow and permitI t , and inspection a all
papers,documents, records, letters or other upublic rmaterials t
r under its controlr i i r 119, Florida Statutes, and made
r received the County and PropertyOwner in ion with this t t and
related t performance. The County shall have the right to unilaterallyl
this contractviolation i r ii r, Failure
OwnerProperty to abide by the termsthis provisionshall be deemed a material
breach of this contract and the County may enforce the terms oftl ii in the
shall,form of a court proceeding and as a prevailing , be entitledreimbursement
of all attorney's fees and costs associated withthat proceeding. Thisprovision l
survivei i r expiration of the contract.
PropertyThe r is encouraged to consultit its advisorst
Florida i in order to complyi is provision.
Pursuant to F.& 119.0701 and the termsconditions i
contract, t r Owner is i :
( maintain !i t would be required the
service.County to perform the
( receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected or
copiedit in a reasonable time t a cost that does not exceed the cost providedin this
chapter or as otherwiseprovided .
(3) Ensure that public records that are exempt or confidential
exempt from publici i r requirements t disclosed except as
OwnerProperly Noise Imuladon Agreement Page1
authorized by law for the duration of the contract term and following mpletion of the
contract if the Property Owner does not transfer the records to the County.
( ) Upon completion of the contract, transfer, t no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be requiredby the County to perform the service. If the
PropertyOwner 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 contract, the
Propertyner shall met all applicable requirementsfor retaining public records. All
records stored l i lly must be providedthe County, upon request from the
County'County's custodian of records, in a format that is compatiblewith the information
technology systems of the County.
( ) quest to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County not possess the
quested records, the County shall immediately notify the Property Owner of the
quest, and the Property Owner must provide the cords 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 11 , 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 ( 05)
292-3470.
. Non-Waiver er of ImmUn[bL Notwithstandingthe provisions of See.
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 , or local government liability insurance pool coverage shall not b
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract enteredinto by the County be requiredto contain any provision for waiver.
. Privillges 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,
volunteers, or employees of the County, when performing 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 the County.
r. Iggal Obligations and Responsibilities: Non-Dqlp ,atiop of
Constitutional or Statuto Duties. This nt is not intended t , nor shall it be
construed relieving any participating entityfrom any obligation or responsibility
imposed upon the entity law except to the extent of actual and timely performance
thereof 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, authorizing the-delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
..... __ .... ...................... _..... __----____._.
OwnerPropeny Noise Inudadon Agreement Page 16
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No person or entity shall be entitled
to relyupon the terms, or any of them, of this Agreement to enforceor attempt to
enforce any third-party third-party claim t entitlement to or benefit of any service or program
contemplated hereunder, and the County andOwner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes n I to in this Agreement.
t. Aftestations. The rope ner agrees to execute such
documents as the County may reasonably requirein the performance of the obligations
and duties of the County or Property Owner under this Agreement.
u. No Personal Liability. No covenant or agreement contained herein
shall be deemedto be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, n no member, officer,
agent or employee of Monroe County shall be liable onll n this Agreement or be
subject to anypersonal liability r accountability by reason of the execution of this
Agreement.
v. Execution in Counterarts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
ken together shall constitute one and the sameinstrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
. Section a ins. Section headings v inserted in this
Agreement as a matter of conveniencen only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation f any provision of this Agreement.
Insulation _ 17 of 2
IN WITNESS WHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first abovewritten.
WITNESSES: PROPERTY OWNER:
E
� .
Signature
Signature
15
Printed Namme �
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Al 11
S1a�fiti re Date
t°
Printed Na"'me
WITNESSES: PROPERTY OWNER:
Mg
Signature
Signature . ._... __
Printed��Name ...._._
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Date
Printed!Name
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�..M0NR.0edOQNTY BOARD OF COUNTY COMMISSIONERS:
' (Sea]) MAYOR CHAIRMAN:
I I`. t:® _ 1
R
KEVI
1.NMAD0K CLERK SLYV
'RS l y k .
of Deputy Clerk into
rr
Date
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....._._........._.................. N
e r Noise Insulation Agreement
_ Page 18 a 28
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PROGRAM POLICY STATEMENTS
Exhibit
T
OwnerProperty Noise Insulation Ag
A. Air Conditioning: General Restrictions. While providing a new ductless " inI-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
. All refrigerant lines (running from the balcony condensing unit) 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
Board policy rules to ensure the highest level of consistency and building
architectural aesthetics.
. All interior AC lines (reftigerant, condensate, elechical) and Energy Recovery
Ventilator (ERV) ducts will be housed in new vertical wall and corner pilasters which
will be constructedto match the quality of existing walls. The number and locations
of the new vertical wall and comer pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Design Review Meeting.
. Only electrical service panels that are determined by the Program Manager to be
deficient will be replacedy the Program as a part of the Noise Insulation Program
modifications.
WindowB. III Replacement Due to the presenceof asbestos, the NIP will provide
new custom wood surround and sill instead of the existing gypsum board surround. Due
to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.
This revision will bean improvement, while decreasing constriction costs and improving
time efficiencies.
C. Custom r of ins and Baseboards Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originally assumed), which will not
allow sufficient time for the awarded general contractor to secure custom matched
replacement trim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing o trim flush to the face of the new pilaster or
thru wall o-infrll. At now pilaster locations and, If the thru wall ac infrll abuts the existing
baseboards, the contractor will install a standard ( 4" x 5-1 ") painted wood trim to
abut the existing trim, rather than attempting to match the existing custom trim profiles
and materials. After the completion of the NIP construction, the property owner will
w _ Owner t.4. . ._ _ ...................................................
Insulation. Agreement....... . .......... ....... . .....
of 28
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. r Threshpid HelgLhts. Due to stringent Florida hurricane impact and water
infiltration building s, all new aluminum acoustical prime entry swinging doors and
sliding lass patio doors will have thresholds that are considerably higher (from 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 during
hurricane.
E. KWBTS mmm11Asbestos Testing
As requiredy state and federal requirements, TC conducted asbestos testing on all
participating KVVBTS condominiumsin 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 'walkway" and "courtyard /balcony" building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing trial (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
oval of portable "through-wall" AC units and the infilling of openings,
ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
construction of vertical wall pilasters required for installation of the ductless
AC system ducts,
construction of closet soffit for installation of the ERV.
F. Asbestos „Abatement Requirements
In the event any samples show a presence of asbestos containing material (ACM), the
awarded I contractor will be required to perform the following abatement
requirements during construction:
If samplesF showa presence of A CM < I%
The NIP or will be required to comply with OSHA worker safety requirementsto
include worker respirators, poly curtains in all areas where the surfaces disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
_...........---....._ -----------�.... . ................
ibitA- r o' l 20
If samoI show a presence of Au.
CM >11%
The NIP contractor will be 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 (walls, ceilings, closets,
windows1doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications,
- Abatement and bagging of ACM (resulting ftm demolition process) by
certified asbestos abatement staff,
- it sampling of containment areas and clearance of all areas by oertified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement)workers.
will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines,
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required 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 KVVBTS property owners, This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority of,,Desl n Decisions. The KWBTS Board will have the
Authortty to make several of the Program design decisions to include:
1. Acoustical Window and Door Mated al
2. Acoustical Window and Door it and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-Split"AC System Installation Requirements
5. Interior Ductless "Mini-Split" AD System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
- ---- --.. ....—- -------&hib&.A-Pro peny Owner Noise InsukWon Agmement Pap 21 of28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
TO
Homeowner Noise Insulation Agreement
Condominium Unit No. 11 7-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
370, as amended from time to time, of the Public Records of Monroe County, Florida.
...............
Akhibit B-Propeny Owwr Noin InadadonAgmement PW 22 of28
PROGRAM IMPROVEMENTS
Exhibit
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements dev to d by the Program Manager to reduce the
interior environment of a property by a minimumf five ( ) decibels.
A typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding GlassPatio Door(s)
....... _ -. �_...._
iit C-Prope?V OwnerNobe Imuladonoft
DEFICIENCY
Exhibit
InsulationTo
Property Owner Noise
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 ..___ i D is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, foreyr 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, consultantsand/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 with any and all Pre-Existing Deficiencies (the °Defici nci °) against said
County or any of its n , employees, consultants and/or contractors to be
legally liable.
. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited d violations, structural damage, water I moisture
damage, a ous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either"Minor" or"Severe".
. The Property Owner assumes full responsibility for the worseningany
documented Minor Deficiencies.
. In the rare event "Severe" Deficiencies identified during the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to complete
ibi -Property Owner Noise bmiadon ApeementPage 24 of 2
necessary ai to the Property, to the acceptance of the Program Manager to
minimize any delay or stoppages of work.
7. The undersignedacknowledge n that all of the release and hold
harmless and indemnity rovi lops` et forth in Paragraph 1 of this Exhibft D apply t
property damage, injuries, deaths, or damages arising from the Deficiencies for all
negative impacts that later result after the addition of the Program Improvements. The
provisions of this Exhffiff D shall survive the termination or expiration of the Property
Owner Noise Insulation Agreement.
8. The undersignedhereby agree that the terms and provisions of this Exhibm
_ shall be bindingupon, and inure the benefit of the undersigned and their respective
Weirs, personal representatives, successors andassigns.
IT ... _.._ _.__ _.............. _....... « ..:
Signature .SSES: PROPERTY OWNER-,
Srgn;;iture
Printed Name �" I
f
Pririd Name _
M..�.M.M.Date
IT
Signature
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PrintedName __..
Printed Nam®
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ig'-n'ai-u-r—e-
Date
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ri Name
..... _......... _.... ....
WITNESSES: PROPSOWNER:
Signature
S n
Printed Name
Printed Name
Signature
Printed Name Date
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Exhibit D-Properly Owner Noise Inm1ation agreement Page 25 of 28
VENTILATION
Exhibit
PropertyTO
r Noise Insulation Agreement
1. In partial nsi tlon 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 i (the "Agreement") between the County
and Property Owner and to which this Exhibft E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns a undersigned, forever 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
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 with any and all Ventilation Deficiencies (the "Deficiencies") against
said County r any of its officers, gen , employees, consultants and/or contractors to b
legally liable.
. The Program Improvements may include the addition of acoustical
windows and doors, removal and inllin of "through-wall" portable air conditioner units
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 urrin in all openings, the
Program will also include the addition of a energy recovery ventilation ( unit which
will provide an adequate exchange of inside I outside air to the condominium as
required y building e.
. 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 systemand energy recovery ventilation ( unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers 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
constructed with a small wall vent that was designed to allow the passive exhaust of
_......._._.............. ... ___ _ _. .......
ib# -Property Owner Noise.1haddlion Agreement2
bathroom moisture in a central building exhaust shaft. During the Program design
survey process it was discovered the KWBTS buildings lack a solid central building
exhaust shaft. Dueto this existing condition, these original wall vents (if stillpresent)
have the potential to provide a pathway for unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing original wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated.
. It is clearly a building code violation to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correct this deficiency by properly exhausting their laundry er exhaust in an
alternative method that meets current building , at their cost before the initiation of
the Program construction process. Furthermore, the Property Owner agrees to assume
any and all liability related to the improper ducting of their laundry dryer exhaust.
6. The Property ner understands that the Program Improvements will not
address kitchen and bathroom ventilation and/or excessive interior humidity levels
generated by the Property Owner within the interior of the condominium. The Property
Owner understands and assumes full responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moisture is and/or interior humidity
levels in the Property. In addition, the Property Owner agrees to assume full
responsibility for the maintenance and operation of the NIP venting modifications after
completion of the Program Improvements.
7. The undersigned acnol and agree that all of the release, hold
harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to
injuries, deaths, or damages sustained in connection with or as a result of any and all
interior ventilation deficiencies arising after the addition of the Program Improvements
including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation. The provisions of this ExhlbM E shall survive the termination or expiration of
the Property Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and provisions of this
Exhibitff shall be bindingupon and inure to the benefit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
.... _ ... .. _._._.___.... .
WITNESSES: PROPERTY OWNER:
Signature
4' @ ,.
a
4.
Printed Name
Y,
d s
Printed Name
Date
Printed Name
-------
....__............. ..........._._.._..... .
i it - r 1 iotio Agreement 27 of28
__...__............. __... ._
WITNESSES: PROPERTY OWNER:
Signature
Printed Name
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Printed
e L
Signature
bile
Pri
......................... ..._.......... _._._n .......m__
WITNESSES: PROPERTY OWNER:
Signature
Printed Name
Aflntad Name—"
Data
I
Pi,ii ,�,,t Name �
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t -Property Owner Noise ftuladon