09/18/2019 Agreement/Easement-C121 �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 .
Heather P. Faubert
I i j t r Rewrded 4/2 M20220 10,55 AM Pap t of 4
THC, Inc.
710 Daculait 1 g
cl , GA 30019Fit m Offidal Rwor&of
AVIGATION EASEMENT
Key West International Airport
InsulationNoise
THIS EASEMENT AGREEMENT is enteredinto this """'day
of
"LILA JO MILLER", hereinafter referred to "t er," in the
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, boy politic and
corporate, i r referTed to as nBOCC."
RECITALS:
A. The Property Owner is the'fee simpletitleholder to certain real property("the y")
located in Monroe County, Florida, more particularlydescribed s follows.,
Condominium Unit o. '11-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recordedin Official Records Book589, Page 370,as amended
from time to time, crf the Public Records of Monroe County, Florida.
also identified s street : "2601 S. RooseveltBlvd., Unit C121"
B. The BOCC is the ownerande orf KeyWest International i ("the i )and
desires to make propertiesthat, through interior noise exposure testing, determined
incompatible sult of their exposure to aircraft noise compatibler residential
purposes through the implementation of a Nois Insulation ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the PropertyOwner's to reduce
interior noise levels at least 5 dB and to bringthe averageinterior noise level below
dB in accordance withI Aviation Administrationpolicy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participationin the NIP. The Easement
will supersede any implied r prescriptive easementsthat the BOCC may haveobtained
under applicable laws.
D. The funding source for said NIPill include funding from the UnitedStated Government
pursuant to the Airport and Airway Improvement of 1982, and will include funding
from the BOCC, actingin its capacity as the owner and operator of theAirport.
E. The Property ner desires toparticipate in the NIPand has entered into a Property
Key t International Airport NIP AvI .. tion Easement(Unit#C121) Page 1 of
Owner Noise Insulation Agreement with the BOM The BOCC'simplementation the
NIP will benefit the Propertyr and the Property by providing ce i i I sound
attenuation construction on all eligible resi ti I structures on the property necessary
to achieveion in DNL indoor noise levels of at least 5 dB and bring average
interior noise level to in accordanceit I Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibilitycould change at some future
time, but is currently the 2013 Existing Conditionof
acceptedthe Federal Aviation Administration ("t ") on December 19, 2013.
G. The NIP will be administeredin accordanceit the current r 5100.38, Airport
ImproVement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the a to I
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of theimprovements to be made to the Subject
Property through the NIP,the receipt and adequacyf which is hereby acknowledgedof
parties, 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 behalfthe Property Owner and its heirs, assigns all
successors in interest, do,es hereby grant, in, sell and conveythe BOCC, its
successors assigns, a perpetual avigation easement over the property. Thes
f the Easement shall include the right to generatei noise other
effects as may be associated with the operation of aircraftover or in the vicinity of the
property. This Easement shall apply to all such aircraftactivity at the Airport, r
future, in whatever form or type, during operation at, o , to or from theAirport, and it being
the intent of the partiesII such Airport activity shall be deemedbe included
'thin the purviewthis Easement.
. This Easement shall be perpetual in nature and shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
. The Property Owner on behalfthe Property Owner, its heirs, ins and successors
in interest, does hereby releasethe n all related parties
including but not limited to BOCC members, officers, managers, ns, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, y' or causes of action of everykind or nature for which the Property
Owner r its heirs, assigns, or successors currently v , have in the past possessed,
r will in the futurea s s , as a resultf Airport operations or aircraft activities
noise levels reI o or generated by ! ivi , or may hereafter have as a result
of use of this Easement, including u not limited to damage to the above-mentioned
property r contiguous property due to noise, and other effects of the operationof the
Airport or of aircraftlanding or taking off at the Airport.
Key t International Airport NIP—Avigation Eas (Unit 121) Page 2 of 4 w
4. This nt expressly excludes and reserves to the r and to the
Property irs, assigns and successors in interest, I un ,
damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for
physical damage r personal Injury a y any aircraft or part of any aircraft. using
the Easement that does Identifiable physi l damage to the r injury r un
on the property by coming into i i I contact withthe r the person on
the property.
w Should either party hereto or any of their successors or assigns in Werest retain
counsel to enforce, f the I Ions herein or protect its Interest In any matter
adslng under this ant, or to recover damages by reason of any alleged breachf
any vision of this me nt, the r Iliunparty shall be entitledto' all costs,
damagies and expensesIncurred including, taut not limited to, attorney's fees andis
Incurred In connection therevWth, Including appelI t I un.
provision of this r t is to be Into t for r against that
party r that rt representative tiv such provlMon. This Agreement shall
lnterpreted andtry in to the f the State f Flodda.
7e No breach f any provision oftlhl reement may be waived unlessIn writing. Waiver of
any one y pmvislon of this r nt shall not be deemed to be a waiver
of any other breach of the same or any other provislon of this ant. ThlsAgreement
y be amendedonly by wrifteninstrument executed by the rtm in interest t the
time f the modification. In the nt that any one or more covenant, condifion or
provision contained herein is heldinvalid, void or illegal by any court of competent
judsdlcUon, the same shall be deemed severable from the remainder of this Agreement
and I In no , impair or Invalidate aray other provision hereof so long the
remaining provl i not materially aIt r the rightsand II Horns of the parties. If
such ItI n, covenant or other provision shall be deemed invalid uu to this scoper
breadth, v ant# condition or other provision shall be deemed validto the ant
of the r breadth permlfted .
8. In the event the Ishall be siubdMdedinto than one I, or the Airport or
portion thereof becomes subjectto operation, management or administration by a party
In addition to or In lieu f the , then and in that event the partiesthat same
shall not terminate or othiervAse affect this Agreement so long as a portionf the Airport
continues to operate for standard airport flight purposes, and that any such successor
In interest to the BOCC shall be entitledto all of the benefitsrunning to the BOCC
hereunder.
w The r Owner agrees that the Owner shall bear and be responsiblefor
I costs of maintaining and operatingany our attenuation materials anduui r t
instafled in the y or an behalf of the BOCC.
t M--mafonW r d V P ` n Easement( nft 9 1) Page 3 of
This Easement Agreement is executedfirst .
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OWNER:PROPIRRTY OWNER: PROPERTY
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Igned re Signature
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Print Name Printed Name
STATEru
COUNTYOF
The fore in instrument c ,i y Y 1
by i
property Owner Name(s)
4f, KwWw P Commissa a
`notary Public Signature -.-_
,t
MONRO
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Lxpifri051x112021 4
E COUNTY BOARDF COUNTY COMMISSIONERS:
IT AY
I Signature
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bna I/A
Printed Name ,- I
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Signature
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� Printed
STATE OF FLORIDA
COUNTY F
The foregoing instrument was acknowledged before me this A , 20
by ..
Mayoras of the Monroe County County Commissioners, a body politic and corporate.
y CommisslonExpires:
Nctary Public Signature
PP FORM
_ y
Key West Intematlonai,4lrporkNIP—Avlgatlon Easement(Unit#C121) � N E Y Page 4 of 4
e f
Address: ', t �,the Sea
't .. C121Narne( _..
g). "Miller
--
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNAT10NAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION AGREEMEN (this 'Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property nr').
I T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain realp located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the " Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to theProperty; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's oie Insulation Program (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments 'and
improvements to the Property as moreparticularly described on Exhibit C attached
hereto (the "Program Improvements"); said Program Improvements to be paid for by the
County t no cost the PropertyOwner and in exchanger the grantingto the County
of n vitio a nt over, across and through the Property, and
WHEREAS, the County will enter into a construction contract with
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting of
team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County(the nProgram 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, covenants and
conditions set 1lbrth herein, and other good and valuable consideration, the receipt and
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Property er Noise Insuladon Agreement Page!of 28
sufficiency f which are hereby ckn I , the Property Owner and the County
agreehereby as follows:
1. Grant of Easement. Simultaneously withthe execution of this
Agreement, the Property Owner executed and deliveredto the County n avigation
easement (the " ase t") which Easement has been recorded in the public records
f Monroe County, Florida. The Easementi in full force 13ndand is
hereby ratified in all respects.
2. Program Policyt t s. Consistent with the Program and/or
Federal Aviation ministrationAirport Improvement r policies procedures,
the Program Manager has developeda series of Program PolicyStatements utli i
construction and- eligibility restrictions. The Property Owner understands that
prescribed Program Improvements will be consistent with the Policy
Statements vide the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto i it A.
. Payment of PrpgraM_jmpMKements. The Countyto pay for
the Improvements scribed in Exhibit C attachedhereto. The Program
Improvements will be approved ertOwner and County, managedthe
Manager,Program and perlbrmedby the Contractor.
. I i _ , tii i s. r shall not
impede or interfere it the is ability to select between approved product
manufacturers n subcontractors in the do f bid submittals. To insure
competitive i vi n n , the Property Owner is prohibited from having
discussion or communication with the Contractor in relation to the Program, the
contractor's i , or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner'toply with this provision shall, at the 6ption
of the County in its solediscretion, result in disqualification from the Program and
cancellation this Agreement.
5. Construction Contract. The County ill award the contractfor the
Program Improvements n istent with Federal and Countycompetitive bidding policies
and procedures. The contractill require the Contractor to completethe
Improvements iti a time period fin by the Program Manager.
Post-Construction ibiliti s. The Property Owner shall
meet all responsibilities andrequirements ii to both - r ion and post-
construction:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (suchs jewelry, ins, guns,
antiques, heirlooms, etc.) from their condominium;
( ) Moving of all fumiture and belongings into the ."Designate
Storagecwithin the condominium, providing the required "clear area" (white
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PropeHy OwnerNoise Insulation Agreement Page 2 o2
space ins ) for the Contractor. When.doing , the Property Owner Y411 have the
ability to utilize complete "floor to ceiling" space.
( ) Removing of all excessive furniture andIon in s from the
condominium that will not fit in the "Designated St ";
( ) Removing all window and door treatments (such as blinds,
plantation h rs, c.) and storingthem in the ffiDesignated Storage Space
( ) Removing all electronic and dust-sensitiveitems from their
condominium or wrapping Withprotective poly before storing them in t "Designated
Storage ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in t "Designated St c ";
( ) Moving all small Items and belongings into either theclosets or
bathroomsoutlined in t "Designated a Space Sketch"
Afterb. 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 St " back to their original positions in the condominium:
( ) Moving of any excessive furniture and belongingsc into
the condominium;
( ) Re-installation of aII wall treatments, door treatments and
II hangings backto their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above - tru ion responsibilities, the Property Owner shall be removedI
participation the Property Owner shall be liable y for Contractor for
any and all resulting damagesII direct andindirect s related thereto.
d. In the event the Property Owner fails to perform anyn II of the
above - o ion responsibilities, the Property Owner shall be liable to the
County for Contractor for any and all resulting damages and all direct andindirect
costsI thereto.
. IMpeding Construction. Once construction of the Program
Improvements ins, the Property Owner shall not impede construction or alter
coast ion schedules. In addition, the Property Owner shall prevent any and all
tenantsthat may occupy the Property duringthe construction of the Program
Improvements from impeding r ion or altering construction schedules. In the
eventthe Property r or any tenant occupying the Property impedes construction or
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Prop"Owner Oise Insulation nt Page 3 of 28
alters the construction schedule, the Property Owner shall be liable to the Contractor
and,the Countyfor any damages and all direct and indirect ts related thereto.
8. Safe Working nvi t. The Owner shall be responsible
for providing a safeworking environment for the Program Manager, Contractor,
subcontractors, suppliers, City, County, StateI inspectors.
a. Throughout II phases of designand construction of the Program
Improvements, the Property Owner shall be responsiblefor:
(1) Providing a workingenvironment that is free from potential
health risks, blohazard conditions, chemicals, l ps of any
kind and/or explosives;
( ) Refraining from verbal abuse or profanity-,
( ) Refraining from aggressive physical contact; and
( ) Insuring that all pets are completelyc n contained.
. In the event the Propertyr falls to meet any of the foregoing
conditions, the Program process may, at the County'sdiscretion, temporarily
suspended t any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating the correctiveaction(s) and/orcondition(s) required to be
completed or performed by the Property Owner prior to the Countyresuming the
process.Program
c. In the event the Program process is not resumed due to the
Property Owner's failure to completethe correctiveaction(s) and/orcondition(s)
requiredthe Program Manager, the Property Owner shall be liable the County
and/or Contractor for any and all damages and all direct andindirect costs reI t
thereto.
d. If the Program process is resumed, the PropertyOwner shall be
liable the County and/or Contractor for any and all damages and all direct and indirect
costs related or caused by the temporary suspension of theprocess.
9. 'Construction Delays. Duringthe ion period, the Contractor
y experience unforeseen complicationsrelating to the installation of the Program
Improvements. n ion contract shall provide that delays relatedthese
unforeseen complications are beyondthe I of the Contractor and shall be excused
so t the time for completion may reasonably be extended. Construction schedules
may also be revisedif there is a delay in awardingof the contract or ' the Program
Improvements have to be re-bld in the event of lack i iand/or failure
of the lowest responsive, responsible bidder to executet n
performanceand and or show proof of requiredinsurance.
1 . ChChanges to Scope of Work. The Program Manager reserves the right
to make changesto theI n specifications Improvements, t its
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Noise 'o nt Page 4 o
soI e discretion, at any time during the Program process, provided such changes do not
reduce the scope or quality of the Program Improvements descdbed in Exhibit Q and
such changes are necessitated by the discovery of hidden conditions not readily
detectable during normal property inspection procedures.
11. Aqc%Aance of Worlc Upon completion of the Program Improvements,
_i1Piiii_Pe_ct or cause the inspection of the Program
the Program Manager sh
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 perfbrmance 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
respecl 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 attend 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 Improvement& In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
Prop" Owner shall be required to submit the discrepancy in writing to Monroe County
(representative to be defined betbre the NIP construction process) Wthin 7 days of the
inspection -giving rise to the discrepancy. Monroe County shall then make a
determination as to the acceptability of the conforTnance/performance issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conforTnance/perfonnancelissues. Failure by the Property Owner to submit the
written complaint within the time period specified above shall thereafter foreclose the
Property Owners right to file such complaint.
2 ® 'Termination 9f Agreement The Property Owner understands that
the signing of this Agreement initiat th the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the Program.
Therefore, If the Property Owner aftempts to terminate this 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 caused thereby.
13. Warranties. The County does not represent or warrant the level of
noise reduction that the Property Owner will experience within the Property as a result
of the Program Improvements performed as part of the Program.
a. The County agrees that its contract with the Contractor will include
standard one (1) year warranties from the Contractor for all matedals and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided for in Paragraph 9.
b. At the end of construction, the Program Manager will provide the
Property Owner with a Warranty & Final Closeout Package which will contain copies of
the warranty policies, pmduct instructions, design documents and legal documents. As
a condition of receiving the Warranty & Final Closeout Package, the Property Owner
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Aropeny Owner Noise Inmiation Agmement Page 5 of 28
must first submit a completedI ner Sat06ction 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 differ among product manufacturers. In the event of claim, the
Property Owner is solelyresponsible for pursuing all future product warrantyissues
directly 't each product manufacturer.
c. In the eventf a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate ny required warrantyservice and agrees to look solely to the general
contractor or the productmanufacturer for fulfillment of all warranties and fbr resolution
f all product or construction warranty ise( ):
(1) . The Property Owner's inquiry is not directly It to either'
construction warranties or product warranties (such as windowcleaning r product
maintenance) regardless of whether the Propertyis inquiry arises during the one-
year warranty periodfrom the Contractor or thereafter,
( ) The Property Owner believes that warranty service is
required it ion warranty issues, and the one-year warranty period
from the general contractor has pi
(3) The Property Owner believes that service is requiredwith.
productrespect to my issues, the advertised warranty p dod for the product has
not expired, and the manufacturer is currently in its business; and
( ) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised n period for the
has expired.
1 . Pre-Exi fci nci The Property Owner will be requiredt
sin Exhibff Q (Deficiency Hold HarmlessAgreement) which will impute all
responsibility n liability to the Property Owner for any and all present Pre-Existing
Deficiencies the Property, whether seen or unseen.
15. 'Pre-Work Requirements. The Property Owner will be required
to completeall Pre-Work, as required by the NIPto successfully accomm
the NIPacoustic modifications. The Propefty Owner 'll qui t Mete II
designate Pre-Work items utilizing their own funds andper the requireddeadlines as
established the NIP. In the event the Property Owner fails to complete
designated Pre-Work items by the establishedI line, the Property Owner shall
be removed I participation and the Propertyr shall be liable to the County
and/or Contractor for any andII resulting damagesII direct and indirect
related thereto.
16. In
compliance ith the City of Keyt Fire Marshall and the Cityf Key Wait Building
Department construction permit issuance requi t , the Property Owner will be
required o install 1 -volt " - i " smoke alarmsin their condominium in
_ n: _:.. _....... �_ _�
Owne
r oise 1 'o Agreement a 2
accordance with all applicable codes and regulationsy the required li
established the NIP. The p r willke repllon
��,...,, i t Installed in as within t condominium h I
ifl tion work will occur, t i _ °� Y tI l I h Y theI construction
2Mcess. I thet t _ Owner falls to iristall the designated 'wh l "
smoke alarms bytheestablished l deadline, the Property Owner shall be removed
from NIP participation.
17 Suspension of Program Process, The Program process may be
temporarily suspended at any time dudngthe i r construction phases upon
the discoveryDeficiencies to their potential i the n n
Improvements n warranties. The Program process will not resume until the
Property Owner has correctedall related probl to the satisfaction of the
Manager. In the event repairs riot completed in a timely manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
coststo delayr stoppages of the work.
. Limitation on AIt t to the Propert , h Y1 r
agreesnot to make alterations, or to pennity tenant occupying any portion of the
Property to make alterations the existing indows, doors and/or walls from the time f
the Designuntil the construction of the Program Improvements have been
completed. tl to this I t be pre-approvedin writingthe
Manager. Failure to adhere to this requirement may, at the option f the
Manager in its solei t t1 , result in an immediate suspensi f the construction of
the Programn o t the Property. h r ill liable t the
County for all i n indirect t i it alterations
damages related thereto. .
19. Pre_and Post-ConstructionI of ti - & post-
constructioni ti is a very important Program procesi--thaf is designedt
measure and determine the actual achieved noiselevel reduction level at treated
properties. If selected by the Program Manager for post-construction noise
testing, the Property Owner agrees to provide to their property 1br testing Y
agrees to not to make alterationsto the interior of their (with the exceptionf
repairs f Deficiencies) from the time f the pre-construction noise test to the Y t-
construction., _ i test. In n effort t inconsistent i tcollection, the
OwnerProperty also to preserve the Interior layout of fumiture, floor coverings
windowand treatments frbrn the time f the .pre-constructionI test to the po
construction noise test. The Property r understands that the failure to adhere
this requirement It in com,iptionf the noise testing t . Therefore, the
OwnerProperty understands they y be liable to the Countyr any direct and indirect
noisetesting t in the event these requirements not met.
20. Cooperation. As reasonablyrequested, the Property Owner shall
cooperate 't the Contractor, the Program Manager and Monroe Countyin the
performance f all phases of the ProgramImprovements including, but not limited t ,
the removal and reinstallationf rugs, wall hangings furniture
PropvV Owner Noise rmulation Agmemente 7 of 28
. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existingutilities such as light, heat, power and
ter necessary to carry out the Improvements.
22. Design and „is , �Process Access. At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the
Property Owner agrees to provideto the Program Manager, Contractor, subcontractors,
suppliers, iCounty, t I inspectors andconsult n s the
Property to collect and developII final design and biddocuments. These visits could
include, but not be limited sin survey, hazardous ri l
inspection, pre-noise testing pre-bid visit. In the event the Property Owner falls
provide s to the Property for all required NIPsin and Bids visits, the
OwnerProperty shall be removed from NIPparticipation.
23. Pre-Construction c s . ' The Property Owner agrees to provide
access to the Property forty-eight ( prior to the scheduled art of NIP
construction. This short visit ill provide the Program Manager with the abilityto ensure
that the Property Owner has met all. furniturestorage on i ili i s. Failure could
result in the suspension of the scheduled I construction and the Property Owner shall
be liable the County for Contractor for any andall resulting damages and all direct
and indirect It thereto.
24. Pre and Post onstru ion Access. At -scheduled times for
upon not less than -four O hours advancenotice (via 1 i! andlor ! r)
and. per the establishedI t ion schedule assignment, the Property Owner
agrees o provide to the Program Manager, Contractor, subcontractors, suppliers, it ,
County, o federal inspectdrs andIt ccess to the Property to provide
II required NIP - onstru ion and Post-Construction visits. These visits could
include, limited final measurement, pre-construction inspections, review of
Designatedto c requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner falls to providecc for all
requiredIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP participationn rty Owner shall be liable the Countyand/or
Contractor 1br any and all resulting damages and all direct and indirect sts related
thereto.
25. w,Construction Period Access., Upon award of NIPconstruction
contract, r will provide the Program Manager with their final construction
schedule, wis 'll include the requirednumber of calendar days to completei
construction in eachof the participatinginiu se this schedule, the
Program Manager ill assign each PropertyOwner with a designatedr o
calendar in which construction will occur in their condominium. The Property
Owner to relocateit condominium r the entirei time period. In
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period duesafety concernst nti I to negatively
impact the Contractor. In the eventthe Property Owner falls to provide access fbr their
assignedsr ion time period, the Property Owner shall be removed from NIP
Propertyer Noise Insulation Agmement Page 8 of 28
participation anthe Property Owner shall be liable to the tand/or Contractor for
any and all resulting damages and all direct and indirectlate thereto.
26. Construction Period l to Hurricanes. Since the ICI
construction ri 'll extend into the t hurricane season, there is potential for
construction delays r stoppages, beyond the control of the Contractor, in the ant
f a threat of an approachingh for an actual hurricane event. Due t "this
possibility, the r understands that delays may occur in addition to their
originally assigned constructiontime without any fault or cost to theContractor
Program.and r. Furthermore, the Property Owner agreas to relocate from their
condominium r all additional calendar days resultingfrom NIPconstruction
stoppagesh rdt a threat or event at no cost to the n t r r
Manager.Program In the t the r falls to providethe required
additional access to their condominium due to hurTicane-related workstoppages, the
OwnerProperty shall be removed from NIPparticipation the w r shall
be liable the r Contractor for any and all resulting damages andall direct
and indirect t related the
m rr_ f Pre-Existing, Deficl i ring Construction. In the
event the Contractor discovers deficiencies m, t t ry t NIP
construction that negatively impact the installation of the NIPimprovements,
the Property r agrees to immediately repair and remedlate such deficiencies 11-1 an
effort to reduce any negative impact on the scheduled t l period. The
Owner understands that, depending on the timing f the pre-existing lrepair,
the NIPr t ire period may need to be extended, at no fault of ° Program
Manager or Contractor.
Tact f Building Conditions �_..Construction
Schedule. y _ understandsthat unforeseen building conditionsthat
y-adse during the 141P constructiony have the t ntl I to increase the odginal
scheduledtl f construction, which is not the fault of the r nor
Contractor. The Propertyr needs to planfor the Nvorst-case" possibility that the
odginally-scheduled constructionI ti n date may be delayedfew additionaly
due to unforeseen buildingconditions that may arise And complicatethe NIP
construction.
® Existing, Windowr Treatments, Blinds. h
OwnerProperty understands that, r theinstallationf now_ NIP acousticl w
the existingins r door treatments, nblinds y not be
compatible nor able to be re-installedto sizedifferences between the new and
existing l R
30. Existing Crown Mold!flg� During the installation of the
acoustic m , the I ill be providing % t replacement
interior tdm andsills'. The Property Owner understands that the NIPreplacement trim
will not match custom and/or specialized crown moldingpatterns n ! r custom window
and r trim. After the completion f the NIPifi tip , the r will
have the ability to make modificationsthe NIP interior trim t their own expense.
Pmper&Ownero e l l a t Page 9 of`2
1. i tion,_Re ,4irements. The PropertyOwner agrees t
read and reviewII NIP emallsand/or letters in a timely hiowhich are being
provided the NIP to ensureschedule conformance. In the event the Property Owner
falls to meet this ui , it could result in removal from NIPparticipation.
. Title x i i . The Program Manager has obtained r will
obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens and/or title defects.
33. Cooperation in CIead_qg__TItIq. Prior to the commencement of
construction of the Program Improvements, aOwner shall cooperate withthe
County In r to (!) correct any title s affecting the Property which are disclosed
by the OAbstractTitle" and in the sole determination of the Countyo
invalidate the t, an (i!) secure the written consent of anyII mortgage
holders to the Property Ownersv the Easementthe County if the
County determines that it is necessaryr desirable t (collectively, "Title
Matters"). I , prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, t i s that the Tit!e Matters affa i the Prope,
rty
may invalidate th , this Agreement shall be null and void, the Easement
shall be terminated.
34. Federal Assurance. As requiredy the Federal Aviation
Administration, the Property Owner agrees to the followingvisions:
a. The Property r shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements r completion of the Program Improvements l
be requested y the Program Managerand/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the Countyn s iili for maintenance and operation
these items.
5. Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign Emhlblt E (Ventilation Hof I t) which imputes II
responsibility to theOwner for the proper maintenance of interior moisture
humidity levels.
36. Iv t ri is„ i t. If ther 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
matedals and equipmentdirectly i Contractor at the PropertyOwner's sole risk
expense.and The County assumesno responsibilityfor the condition of the material,
equipmentr surrounding surfaces as a result of the r- Iv . The
OwnerProperty and the Contractor shall, prior to the commencement of construction,
agree upon and executedocument listing those items to be salvaged. In the absence
..... ------
Property
Noisel 'on Agreement Page 10of 2
of such a written agreement, all items shall become the property of the Contractor.
Materials and equipment not listed fbr salvage by the Property Owner shall become the
property of the Contractor.
37. EM2@_q Insuras.nce. During Program construction period, the
Contractor will provide builders dsk insurance for the Property. The Property Owner
shall have the option, at the Property Owners sole cost and expense, to maintain a
homeowners Insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builders risic insurance will cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
38. T[m Iwo g_ and Effects of Construction. The Property Owner
understarids that there is ah t tconstruction 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 debris rendering portions of the Property uninhabitable for
extended periods of time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractor's and
suppII ers with respect to issues relating to the confbrmance of labor, materials and
acoustic designs utilized in the Proigram Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contnact with the
generaI contractor.
® Sale of P In the event the Property Owner 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, conveyance or other transfer, and to
transfer all of the Property Ownees responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a 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 or 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 One Hundred Dollars ($100.00) to cover the costs of the preparation and
recording of the Rel f Easement document in the public records of Monme
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made In order to "clearO the title to the Property.
Property Owner Noise Insulation Agreement Page II of 28
43. thorn .t .Execute n Behalf n y Resolution No. 111-
0 , duly motioned andt a lawfully nnu public meeting, the Board of
County Commissioners a County, did, on the 17th day of Match 2004, grant full
authority r the County Administrator to execute this Agreement on behalf
Countyitot further action by the o f County Commissioners.
44. Attachments. c t to this Agreement include the following,
which incorporated into this Agreement by reference.
a. Exhibit : Program Policyt n .
. Exhibit : Legal Description of Property
c. Exhibit Improvements.
d. ExhibitDeficiency of less Agreement
a. Exhibit : Ventilation HoldHarmless
General45. Conditions.
a. Governim Law, Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be governed by andconstrued i
accordanceit the Laws of the Statef Florida applicableto contracts d
performed entirely in the .
( ) In the vent that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County a r agree that venue ill lie in the appropriate court or before
the appropriate administrativeo in Monroe County, Florida.
( ) The County and PropertyOwner agree that, in the event
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediationprior to the institution of any other
administrative r legal proceeding.
( ) The County n r agree that in the event any
cause of ion or administrative proceedi is initiated r defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonablecosts, investigative, out-of-pocket
expenses, as an award it the non-prevailing party. Mediatiproceedings
initiated and conducted pursuant to this Agreement shall be in accordanceit
Flodda RulesCivil Procedure and usual and customary proceduresrequired
circuit court of MonroeCounty.
b. Binding, conditions, visions of
this Agreement shall bind and inure to the benefit of the County and Propertyr
and their respective legal representatives, successors, and assigns.
_........................ ....— .............
Propeny Owner Noise imuladon Agreement Page 12 o
c. v �ilFtm If any term, covenant, condition r provision of this
Agreement ( r the applicationf to any circumstanceor person) shall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisionsi i shall not be affected
thereby; and each ii covenant, condition and provision of this Agreement
shall be valid n shall be eryforceableto the fullest extent permittedy law unless
enforcement of the remainingcovenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. AUILority. Eachparty represents and warrantsto the other,that the
execution, liv this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be requiredI .
e. Duration of Agreement. This Agreement shall commence uponthe
execution of this Agreement, subsequent to execution by the Property Owner and by
the CountyII remain in effect for a periodreasonably ui to effect the
Program Improvements "), except as may be sooner terminated in
accordancei provisions of this .
. Acceptance of ets. The
County Property Owner agree that eachshall be, and i , empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
r the purposesthis Agreement.
g. Claims r Federal or State Aid. The County n n r
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funs to further the purpose of this Agreement; provided that II applications,
requests, grant proposals, funding lii i the Property Owner shall be
approvedby the Countyprior to submission.
. Adju lication of Disouteor QMgreements. The County
OwnerProperty agree that all disputes and disagreements shall be attempted
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 the parties, then any
party shall have the right to seek such relief or remedy as may be providedthis
Agreement or by Florida law.
i. Nond iscri m Mation. The County and Property Owner agree that
there will be no discrimination. i n, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
f any party, effective the date of the r. The Countyr
agree to comply with all Federal and Floridastatutes, n II local ordinances,
applicable, I tin o nond iscri mination. h include but are not limited : (1) Title
I of the Civil Rights Act of 1 (P. ) which prohibits discrimination -on the
basisfor or national origin; (2) Section 504 of the Rehabilitation1973,
a ( U.S.C. s. ), which prohibits discrimination on the basis of handicap;
( ) The Age Discrimination1 ( U.S.C. s . 1 1- 1 ), which
r Noisef l 'o t Page1 of 28
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 nondiscrimination on the basis of
dnig abuse, (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to
nondiscHmination 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 nondiscrimination on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Flodda Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination; (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 nondiscrimination; 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. C9pperation. In the event any administrative or legal proceeding is
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 related to the substancd of this Agreement or provision of the
servI ces 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 to this Agreement or any Attachment or Addendum to this Agreement.
I . =Bmoks Re. Records,, and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to perl'banance 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 dudng the term of the Agreement and for four years
following the termination of thig 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 perl'brmance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
m. Code of Ethics. The County agrees that the 'officers and
employees of the Counly recognize and YAII be required to comply with the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Flodda Statutes, regarding, but not Urnited to, solicitation or acceptance of gifts; doing
busI ness with one's agency; unauthortzed compensation; misuse of public position,
conflicting employment or contractual relationship, and disclosure or ude of certain
information.
............ ......
Propeny Oymer Noise ly=lafion A Page 14 of18
n. No Solicitatiol......._ y @nt. The County and Property Owner warrant
that, in respectto itself, it has neither employed nor retained any company or person,
other than a bona fide l in solely for i , to solicit or secure this Agreement
and that it has not paid.or agreed to pay any person, company, corporation, individual,
r firm, 'other than bona fide employee i solely for i , any fee, commission,
percentage, , or other consideration contingentr resulting from the award or
making of this Agreement. For the c r Violation f this vision, the
Owner agrees that the Countyshall have the right to terminate this Agreement without
liability n its discretion, to offset from monies owed, or otherwise ver, the full
amount of such fee, commission, percentage, gift, or consideration.
. ..Public Access. The Countyn r shall allow
permit son I , and inspection of, all documents, papers, letters, or other
materials subject the provisions of Chapter 119, Florida Statutes, and made or
received by the County and PropertyOwner in conjunction with thisAgreement; and the
CountyII have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply ' Floridalic records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of articleI of the Constitution Florida. The County
OwnerProperty shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other 'public record" materials in its possession
r under its control subject the provisions of Chapter 119, Floddatut n e
or received by the Countyr in conjunction with this contract and
related to contract performance. The County shall-have the right to unilaterally I
this contract upon violation i vision by the Owner. Failure of the
OwnerProperty to abidethe terms of this provisions all be deemed a matedal
breachof thist the Countyf terms of this vi ion in the
form of a court proceedingshall, as a prevailingparty, be entitledreimbursement
of IIassociated it that proceeding. This provision shall
survive any termination r expiration of the contract.
OwnerThe Property is encouraged to consult withits advisorsout
Floridalic Records Low in order to complyi this provision.
Pursuant to F.S. 119.0701 and the terms and conditions oft i
contract, r is required :
(1) Keep and maintainpublic that would be requiredthe
County to perform the service.
( ) Upon receipt from the Countyscustodian vi
County i copy.of the requested records or allow the records to be inspected or
copiedi i reasonable time t a cost that not exceed the costprovided in this
chapter or as otherwiseprovided 1 .
{ } Ensure that public records that are exempt or confidential and
exempt from public records disclosurei not disclosed excepts
Aropeny r Noise Insulation Agmemmt Page 15of 28
authorizedI for t durationt t following I f the
contract . the Property r does not transfer the to the County.
completion the contract, transfer, at no cost, to the
County all public records in possessionof the r or keep and maintain
public r that would be requiredby the to perform the service. ift
OwnerProperty transfers all public records to the CountyI ti r f the
contract, the Property Owner shally any duplicatelip records that are exempt
or.confideritial and exempt from lip records disclosurerequirements. If the Prop'erty
Owner r'r I in lip records upon completion of the contract, the
Property bwner shall meet all applicable requirements for retaining lip records. All
records storedelectronically iCounty, upon request from the
Countys custodianf records, in a format that is compatibleit the information
technologyt of the
request to inspectr copy publicrelating to a County
contractt directly the County, t if the County does not possess the
requestedr my shall immediately notify Owner 'f the
request, and the Propertyr must provide the records to the County or allow the
records to be inspected or copiedwithin time.
If the Property Owner has questionsi the application of
Chapter 119, Floridat t , to the Property Owners duty to providepublic
relating to this t , 'Contact the Custodianf Public Records, BrianI t
Non-Waiver292-3470.
p. l i', . Notwithstandingther i i .
768.28, Florida the i i ti f the Countyn r in this
Agreement and the acquisitionf any commercial liability insurance
self-
insurance r , or local government liability insurance I coverage shall not be
deemed a waiver of immunity to the extent of liability , nor shall
any contract entered intoi to containy provision for waiver.
q. rpdVileqes and Immunities. ll of the privilegesimmunities from
liability; exemptions from laws, ire , and rules; and pensions and r° li f, disability,
compensation, rr t r benefits whichI to the activityf officers, agents,
volunteers, r employees of the County, when performing their respective functions
under this Agreement within the territorial limits the County shall apply to the same
degreet to the performance of such functions nduties f such officers,
volunteers, r employees outsidethe territorial limits f the County.
rm Legal OObligations and ResponI ill i s, on- g tl
Constitutional tiAga Duties. Thist is riot intended t , nor shall it be
construedli i participating tit from any obligationr responsibility
iniposed upon the entitylaw except to the extent of actual and timely
thereof by any other participating entity, in whichthe performance
in satisfactionf the obligationr responsibility. Further, this Agreement is not int
to, nor shall it be construed4 authorizing the delegationf the constitutional or
statutory ti f the County, t to thet pennitted by the Floridaconstitution,
Propeny Owner Noise hmlaifton Agreement Page 16 of 28
state tut Ww, and, speclficaHy, the provisions of Chapters ,
Rodda Statutes.
s. H n Non-Parties,.. No person or entity shall be endtled
to rely upon the terms, or anyof them, of thist to enforce or aftempt t
,enforce any tHrd-party claim or entitlement to or bienefit of any servicem
contemplated hereunder, and the Countyand r agree that neither the
County nor Property Ownerr any agent, officer, or employee of each shafl have the
authorityto infbrm, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this t
separatenapart, interior t , or superior to the community in general or for the
purposes contemplatedin this Agreement.
t. -fit t „n . The Propertyr agrees to executesuch
,documents as the Countymay mnably require in the performance of the Uu t
and duties of the Countyr Property Owner under this m met.
u . No Personal Liabflitv. No covenant or agreement contained herein
shaH be deemed to be a covenant or agreement of anymember, officer, agent or
Monroeemployee of u n in his or her individual i , and no member, m r,
agent or employee of Monroe CountyH be HaWen fly on this m° r be
subject to anyl HaWlity or accountability by reason of the executionof this
Agreement.
v. Execution,� ,.MM u u t -° This Agreement may cut in
any number of counterparts, each of whichH be regarded as an original, all of which
taken together h H constitute one and the mmn instrument and any of the parties
hereto may cut this mm nt by slgHngant m .
w. Section -- vi 0. Section headings have been inserted in this
Agreement as a matter nvenience of reference only, and it is that such
section headings are not a part of this m ant and will not be used in the
interpretation of any isio n of this Agreement.
.uw.v ._ . ........
OwnerPropeny o' e InnIadon Agmement Page 17 of 28
IN WITNESS , the Property Owner and the County have
executed this Agreement as oft the day and year first above written.
OWNER:WITNESSES: PROPERTY
v
Vgnefure
w �? l
»•
re
n �
te
ry r�lxt5 y �.r,��F semeAt }i"'" +r" to 4
Printed Name ,
._ ____-- _._....... ................ �...
WITNESSES: PROPERTY OWNER:
Signature
Signature
Printed Name
Printed Name
Signature
Data
'Printed Name A
............ __..........__
OF COUNTY COMMISSIONERS:
J . _ 'A.....
d ry d t
MAYOR 1 CHAIRMAN:
�, YA
p,s ,,
By-
aoa, Deputy ClarkSignature
Date
__ _ �.._.
x a ;
' RM
PROM �
........._..
.�qpeiv Owner Noise Insulation Agreement
� .. a 18 o 2
F -
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. ir Conditioning: General Restrictions. While providing 'mink
lit' AC system to your condominiumf the Noise Insulation Program
modifications, the followinglimitations and restrictI ili apply to allcondominiums:
1, All condensing units11 be installed I
2. All refrigerant lines ire the balconyI its will be installed
consistent withpolicy rules, maintaining a maximumheight
inches.
All condensate lines ill be installed the buildingr consistent with KWBTS
Board policy rules to ensure the highest level of consistencybuilding
architecture] aesthetics,
® All interior lines t, condensate, electrical) and Energy Recovery
Ventilator ill be housed in new vertical wall and comer pilasters which
ill be constructed to match the qualityexisting 11 r and locations
f the new verticalwall and comer pilasters will differ depending on your unique
condominium r plan and number of bedmoms. The NIPi i ill
reviewl information 1 r NIP Designi ti
5. Only electrical service panels that are determinedr to be
deficient will be replacedr f the NoiseInsulation
modifications.
B. Window SillReplacement.m Due to the presence of asbestos, the NIP 'll provide
now custom wood surround and ill instead ti
to this i 1 , existing custom sillsR granite, ill not be replaced.
This revisionill be, an improvement, while decreasingconstriction t improving
time efficiencies.
asbestosC. Custom Crown Moldlin
A and_Bass boards Restrictions
The new t t requirements will restrict the abilityto remove existing
custom trim and baseboard prior to constructiontly assumed), which will not
allowri t time tert 1 contractort
replacement trim. Therefore, existingl i , wall trim, , the
contractor will, instead, the existingit t r or
thru walli Ali. At new pilaster locations , if the thru wall so infill abuts the existing
contractorbaseboards, the will install a standard (314M x 5-1121 paintedtrim t
abut the existingtrim, rather than attemptingt the existingt
and materials. After the coI tl the NIP construction, the property owner will
_.._._ ... ___ _ ........... .... ................
_-
Exhibit A- eny Owner Noise Imulation Agreement Page 19 of 28
have the option to replace the installed trim with other custom trim to match the existing
materials and pro-riles.
D. Door Threshold__Helgh . Due to stringent Flodda hurricane impact and water
infiltration building codes, all new aluminum acoustical prime entry swinging door's and
sliding glass patio doors will have thresholds that are considerably higher (from the
floor) than existing door threstrolds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water infiltration during
a hurricane.
E. KWBTS Asbestos Testing
As required by state and federal requirements, THC conducted asbestos testing on all
participating KWBTS condominiums in Buildings A. B and C during the November 2017
to 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
Wndow and door caulking. In addition, randorn extedor stucco samples were collected
on both the 'Walkway" and "courtyar4 / balconr building elevations.
Depending an the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the hilt impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
- removal of portable Othrough-wall" AC units and the in filling of openings,
- ceiling cuts required fbr 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 systern & ERV ducts,
- construction of closet it for installation of the ERV.
F. i Asbestos Abatement Regurements
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the follovVing abatement
requirements during construction:
If sarnples show a.presence of
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-4-Pmperly Owner Nobe Imulation Agmement Page 20 of28
If sa 1p e
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,
windowaldoors), approximately 4 feet from all Its 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-abatement)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 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 KWBTS property ownem. This plan
will result inn property owner requirements and design restrictions which
are outlined below.
H. IKWBTS BOARD Authority of Deslaq Declislans. The KWBTS Board 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-Split? AC System Installation Requirements
5. Interior Ductl ini-Split' Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
--——----------- ...............................
Exhibit A-Property Ovmer Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit
NoiseTo
Homeowner Insulation
Condominium Unit No. 11- , CORAL BAY GARDENSICY WEST BY THE SEA,
condominium, together with an undivided interest in the com mon elements, according to
the Declaration of Condominium thereof, recorded in Ofricial Records Book 589, Page
37 , as amended from time to time, of the Public Records of Monroe County, Florida.
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Exhibit - Owner o' Insulation t Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
inteflor environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Pdme Dooqs)
Replacement Aluminum Acoustical Sliding Glass Patio Dooqs)
Exhibit C-Propeny Owner Noiselm acts tion Agreement Page 23 of28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
TO
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Pmgram fbr the Prograrn Improvements to be made to the Pmperty
descdbed in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this ExhlbU D is attached, the undersigned, for and on
behaIf of the undersigned and the heirs, personal representatives, successors, and
assI gns of the undersigned, forever raleases, mmises, discharges, indernoffies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, corisultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever in and nature on account of bodily injudes or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigried or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the 'Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner undersWnds that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
incI ude, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the Pmperty Owner understands that the Program Manager may
I dentify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either Wlnoe' or"Severe".
5. The Property Owner assumes full responsibility fbr the womaning of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified during the design
process, the Property Owner agrees to complete necessary repairs to the Piroperty, to
the acceptance of the Program Manager, as a precondition to the comn,'iencement 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
..............ir Ia i-----------------------Exhibit D-Property Owner Noise Insu ation Agreement Pw 24 of28
necessary repairso the , to theacceptance of the Program Manager t
minimize I r stoppages of work.
. The undersignedc t all of the releasel
harmless and indemnity vi ions set forth in Paragraph 1 of this Exhibit Q apply
property damage, injudes, deaths, or damages ad sing h Deficiencies for all
negative impacts that later result after the addition of the Program Improvements.
provisions of this Exhibit Q shall survive i i r expiration
Owner Noise Insulation Agreement.
B. The undersignedthe terms and provisionsi _Exhibit_
_ II binding , i fit undersigned itrespective
i l representatives, successors and assigns.
...........
1 TNEI PROPERTY OWNER:
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WITNESSES: PROPERTY OWNER:
Signature
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WITNESSES: PROPERTY OWNER:
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Exhibit D-Property Owner Noise insulationof 2
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 Wilch this Exhibit E is attached, the undersigned, for and on
behatf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, fbraver 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 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 or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
Z The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of uthrough-wall" portable air conditioner it
and the addition of a replacement ductless 'mini-splif air conditioning system. Because
these modifications will result in a tighter interior enAronment 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
will provide an adequate exchange of inside I 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 periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program YAII 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 property exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
.......... . .. ........
Exhibit E-Property Owner Noise Insulation Agreement Page 26 of 28
bathroommoisture in a central building exhaust shaft. During the r i n
Survey process It was discoveredthe KWBTSM li central building
exheust shaft. Due to this existingcondition, these odgMalwall vents (If stillpresent)
have the potenfial to provi r unwanted air, smoke and/or gases into the
condomWium intedor. The Property Owner agrees to assumel ili for the
seaHng of originalwall vents in all bathrooms andfor any andl tip impacts that
may result if left untreated.
5. It rty a buildingviolation t Wundry dryer exhaust to the
centralKWBTS . In the nt a Property Owner has incorrectly u t
their laundry dryer vent to time IMBTS central building exhaust shafts, they agree to
correct this deficiency by properlytin their laundry dryer exhaust
alternativemethod that meets current building code, at their cost before the initiation f
the Program try ions process. Furthermore, the Property Owner agrees to assume
any and all flabUity relatedthe improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the Program Improvements ill not
kitchenaddress nod bathroom ventilationr excessive Interior humidity levels
generated the Property Owner within the interior f the condominium.um. The Property
Owner understands m full responsibffity for maintenance of W rotor moisture
and i mlevels. The r agrees to assume full responsibility for any
occurrence, 000 r worsening of moisture l n and/or Mt d r humidity
levels In the Property. In addition, the Property Owner agrees to assume full
responsibility for the maintenancdand operation f the Iventing rhodfflcabons after
completion f the Program Improvements.
W The undersignedr that all of the release, hod
hm rm k�ss and inderriNty prov�s�ons set forth in Paragraph 1 of this ff E apply t
Mfuries, deaths, r damages sustaMed in connection with or as a result of any andl1
Mtedor ventilation deficienciesrk;ft after the addition of the Program Improvements
including, but not limited to, high humidity, moki, m fl ,- or lack of proper exhaust
ventflabon. The provisionsf this Exhlbff E shaH survive the termination r expiration of
the Property Owner Noise Insulation nit®
undersigned8. The that the terms provisions of the
Exhibit shall be binding rm and Inure to the benefit of the undersignedand their
respectiveheirs, personal representatives, nos.
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Exhibit E-Property Ovvner Noise Insulation e t Page 2 7 of 2
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Exhibit E-Property Oymer Noise Insulation Agreement Page 28 of 2