09/18/2019 Agreement/Easement-C122 �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
Pre, aredi
. v_and Retum
Heather P. Faubert
F/2 10: 5 AM PW 1 of 4
NIP Assistant Project Manager
T , Inc. Dead Doc g
710 Dacula ., Suite 4A#315 Filed c° o
cu la, GA 30019
AVIGATION EASEMENT
Key t International Airport
NoiseInsulation
f
THI EASEMENT AGREEMENT is entered into this _ day of .�.- �' ',. �� ` _
20 , by"MARTIN E. LEHMANN & SHARON S. LEHMANN", hereinafter referred to as
"the Property Owner," in favor of the MONROE COUNTY D OF COUNTY
COMMISSIONERS, body politic and corporate, hereinafter referred to as " CC."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property ("the Property")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 122-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, recorded in Official Records Book 589, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit 1 "
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 s a result 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 Owner's Property necessary to reduce
interior noise levels at least 5 dB and to bring the average interior noise level below 45
dB 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 easementsthat the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacity as the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
..�. ................................................f _ _.................. ..... _.
Key West International Airport NIP—Avigatlon Easement(Unit#C122) Page 1 of 4
Owner Noise Insulation i . The BOCC's implementation of the
NIP will benefit the Property Owner and the Propertyby providingi ial sound
attenuationns ion on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels t least 5 dB and bringaverage
interior noise level below 45 dB in accordance withFederal Aviation Administration
policy.
The Property Ownerfully understands that th IP eligibility could change t some future
time, but is currently the 9 iti Condition ofExposure -Map
accepted by the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordancewith current FAA Order 5100.38, it
Improvement .
H. It is the purpose this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements Subject
Property through the NIP,the receipt and adequacyi is hereby acknowledgedy both
parties, and in considerationand incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the follows:
1. The Property Owner on behalfr and its heirs, assigns and all
successors in interest, does hereby grant, bargain, sell and conveyto the BOCC, its
successors assigns, a perpetual avigation easementr the property. The
f the t shall include the right to generate and emitnoise and to cause 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 aircraft activityt the Airport, present or
in whatever form or type, during operation at, on, to or from the Airport, and it being
the intent of the parties that all such Airport activityshall be deemed to be included
within of this Easement.
. This EasementII be perpetual in nature and shall bind and run withh title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator-of the i ort.
3. The Property Owner on ! the Property Owner, its heirs, sins and successors
in interest,does hereby releasethe BOCC, and any and all related parties ,
including but not limited to BOCC members, officers, agents, servants,
employees and lessees, n all claims, demands, a , liabilities,
costs, y fees or causes of action of everykind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the ,
r will in the future possess, as a result of Airport operations or aircraft activities
noise levels I to or generated by Airport activity, or may hereafter have it
of use of this , including t not limited to damage to the above-mentioned
property or contiguous property duenoise, n r effects of the operation
Airportr of aircraftlanding or taking off at the Airport.
Key t International Airport NIP—Avigedon Easement(Unit 1 ) Page 2 of
. This Easement expresslyexcludes and reserves tote Property Owner and to the
Property Owner's heirs, assignsand successors in interest, claims, demands,
debts, liabilities, costs, attomeys' or 's fee, or causes of action for
physical r personal injury caused by any aircraftr part of any aircraftusing
the s identifiable physi I damage to thea r injury
n the property by cominginto direct physical contact withor the
the property.
5. Should either party heretoor any of their successor's r assigns in interest retain
counsel to enforceof the provisions hereint protect its interest in any matter
adsing under this t, or to recover damages by reason of anyII
y provision of this Agreement, the prevailingparty shall be entitledto all costs,
damages and expenses incurred including, but not limited t , o y's fees n
incurred in connection therewith. including ll t ion.
provision of this Agreement is to be interpreted for or against y party because that
party or that party's legal representative drafted such provision. This Agreement shall be
interpreted and construedi to the laws of the Stateof Flodda.
,, No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
any one breachvision of this Agreement shall not be deemed to be a waiver
of any other breach of t r any other provision of this Agreement. This Agreement
y be amended only by written instrument executed by the parties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained hereinis held invalid, i t illegal by any court of competent
jurisdiction, the same shall be deemed severablethe remainder this Agreement
and II in no way affect, impair or invalidate any other provision hereof so long as the
remaining visions do not materially alter the rightsobligations parties. I
such condition, covenant r other `sion II invalid t this r
breadth, such covenant, condition or other provision shall be deemed valid hextent
of the scope or breadth permittedby law.
8. In the event the Airport shall be subdividedinto more than I, or the Airport or
portion thereof becomes subjectto operation, management or administration by a party
i -addition to or in lieu the BOCC, then and in thatv the parties agree that same
shall not terminate r otherwise a this t so long as a portion of the Airport
continues to operate for standard airportflight purposes, that any suchsuccessor
in interest to the BOCC shall be entitledto all of t benefits running the
hereunder.
Owner9. The Property agrees that the r shall bear and be responsiblefor
II costs of maintainingtin n sound attenuationt ri Iequipment
installed in the Property by or on behalfof the BOCC.
Key West InternstIonal Airport NIP Avl._. don Easement(Una 122) Page 3 of
This Easement Agreement is executedthe date firstova written.
P PROPERTY OWNER:
Signaiura s7nature
..,
rir Name Printed Narne
J� 19
Date to
STATE OF
CCU _..
The foregoing Instrument was acknowledged before me this day of 20-6
b f
Property r
r
my
commission F. H
Jta"Publksign"ature
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
AYE :
Signature
g
gnat r`r
p
Rrinted Name
Print flame
Signature
wsxewxc-aw
L) 6
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowiedged before 420
by .,. .
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
[ My Commission Expires:
Notary Public Signature
I
pj 1 N ATTORNEY1
�r
Key West International Airport NIP—Avlgation Easement(Unit#C122) ASSt`a �€I ' #,I I C A Page 4 of 4
Address: Ke� West bv the Sea
' Unit No.:
s
Name
(s): I Man—
PROPERTY
INSULATION
Y WEsTIT TI NL AiRpoRT,MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (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 "Props nee").
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 _Exhibit@ attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public 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 of 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 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 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 y 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 tenns, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
I'll.,.. __._.... ........... _....
1'roperty Owner Noise Insulation.4greement Page I o
sufficiency of which are hereby acknovAedged, the Property Owner and the County
hereby agree as follows:
I. Grant �99of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the County an avigation
easement (the "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
2. Program Po[qy= Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Prognam Manager has developed a series of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescribed Program Improvements YAII be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
3. Payment of Program Improvements. The Courity agrees to pay for
the Prograrn Improvements described in Exhibit Q attached hereto. The Program
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. .1m, eding Competitive Bid, Process. The Property Owner shall not
impede or interfere with the Contractor's ability to select between approved product
manufacturers and subcontractor's in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibited frorn having any
discussion or communication With the Contractor in relation to the Program, the
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply vAth this provision shall, at the option
of the County in its sole disc tion, result in disqualification from the Program and
cancellation of this Agreement.
5. Construction Contract. The County vAll award the contract for the
Program Improvements consistent with Federal and County competitive bidding policies
and procedures. The contract will 'require the Contractor to complete the Program
Improvements within a time perlod defined by the Program Manager.
6. Pre- & Post-Construction Riiispgrisibilitles. The Property Owner shall
meet all responsibilities and requirements portal ire_g _toboth pre-construdon and post-
construction:
a. Prior to the start of NIP construction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such =as jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of all fumiture and belongings into the "Designated
Storage Space Area" within the condominium, providing the required "clear area" (white
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Pwpe?v Omer Noise Inm1ation Agmement Page 2 of28
space in sketch) for the Contractor. When doing so, the Property Owner will have the
ability to utilize the complete ffloor to coiling"
.
( ) Removing of all excessive furnituren Ion i s from the
condominium t will not fit in the QDesignatedt ";
( ) Removing all window and door treatments (such as blinds,
plantation shutters, etc.) and storing them in the "Designated S
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withprotective poly before storingthem in the "Designated
Storage '
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storingthem in t "Designated ";
( ) Moving all small items andbelongings into either the closets r
bathrooms s outlined in t "Designated t tc "
Afterb. completion of the NIPconstruction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture Ion ins stored in the
"Designated Storage Space Areas" back to their original positions in theo iniu :
( ) Moving of any excessive furniture and belongingsback into
the condominium;
( ) Re-installation of all wall treatments, door treatments
II hangings back to their original positions in the condominium.
c. In thevent the Property Owner falls to perform any and all of the
above - on ion responsibilities, the Property Owner shall be removedfrom NIP
participation the Property Owner shall be liable t and/or Contractor for
any and all resulting damages and all direct andindirect t I to thereto.
d. In the eventthe Property Owner falls to perforrn anyII of the
Bove Post-Construction responsibilities, the Property Owner shall be liable the
County for Contractor for any andall resulting damages and all direct and indirect
costs related thereto.
. Impeding ion. Once construction of the Program
Improvements i , the Property Owner shall not impede construction or alter
construction schedules. In addition, the PropertyOwner shall prevent any and all
tenants that may occupy the Property duringh r ion of the' Program
Improvements impeding t ion or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
— ... ... �__ _.._.......
Prqpe oise Imuladon Agreement Page 3 o
atters the construction schedule, the Property Owner shall be liable to the Contractor
and the n t for any damages and all direct and �ndlrect costsl thereto.
8. Safe mr � Environment. m y Owner shall be responsIble
for providing
met met t r t r, Contractor,
supply 5 n t federal inspectors.
. Throughout all phases of design and construction of the
improvements, the Property Owner shall be responsible for.
t) Providing a workingenvironment that is free from potential
health risks, conditions, hazardous chemicals, obstacles, weapons
kip and/or explosives;
Refraining buy r profanity;
( Refraining from aggressivephysicalcontact;
Insuring that all pets arecompletely ured and contatned.
. km the event the Property Owner faft to meet any f the foregoing
conditions, the Program process may, at the County'si ti m , be temporarily
suspended at any time. In such event, the Programr shall n t theProperty
Owner i tin stating the t rmand/or its nrequired
completedr performed by the Property Owner prior to the u the
process.Program
. In the event the Program is not resumed des to the
Property r failure to completethe corrective action(s)and and/or condition(s
required by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor fbr any i3nd all damages and all direct and lndirect costs related
thereto.
d. f the Program process is resurned, the Property Owner shall be
liable to the Countyand/or Contractor for any and all damages andall direct and Mdlrect
costsrelated to or caused by the temporary suspension of the Program process.
9. Construction Lays. During the constructionperiod, the Contractor
may experience unforeseenm pli ti n time to the installation of the Program
Improvements. mist i n contract shall provide that delays relatedthese
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. m r imp schedules
y also be revised If there is a delay in awardingf the met r If the Program
ftrovemenmt to be re-bld in the t of l f bidding contractor'sand/or faHure
f the lowest responsive, iW r to executethe t payment
and performance bond or show proof of required insurance.
t . Changes to,Scopq of Work. The Program Manager reserves the right
to make changesto the plans andi m bon n the Improvements, at its
Pnopeny Owner Noisel ltto t Page 4 of 28
sole discretion, at any time during the Program process, provided such changes do not
reduce the scoper quality of the Program Improvements s d in Exhibit
such changes are necessitated i v hidden conditions not readily
detectable duringnormal property inspection procedures.
11. Work. completion of the Program Improvements,
the Program Manager shall inspect or cause inspection of the Program
Improvements to determineif they were completedt to the term6 of the
contract. The Program Manager retains sole discretion nauthority n program
conformance performance issues as they relateto the Contractor, subcontractors,
suppliers and acoustic designs. The Property Owner is requested to attend the
Substantial Completion Inspection and provideinput to the Construction Manager with
respecto identified punch-lit items. In addition, the Property Owner is welcomet
attend the Final Inspection. In the event theProperty Owner elects to not attend the
Substantial Completion and Final Inspections, they releasen surrender h it !l4 to
provide input to the Construction Manager with respect to theacceptance of the
Program Improvements. In the eventh is a disagreementthe Property
Owner and the r as to a conformancer performance issue, the
Owner shall be required to submit isc c in wdtingMonroe County
(representative n 1construction ) within 7 days of the
inspection giving rise to the discrepancy. a County shall then make a
determination as to the acceptability,of the conforMance/performance issue
remedial action that may need to be taken. MonroeCounty shall be the final arbiter o
any nfo / e issues. Failure by the Property Owner to submit the
written complaint within the time period specified v II thereafter foreclose
Property Owners right it such complaint.
1 . Termination of Aoreement. The Property Owner understands that
the signingthis Agreement initiates t the BID and CONSTRUCTION
the Program Improvements in accordance with the Program.
Therefore, ' the Property Owner attempts to terminate this Agreement or otherwise
impedes the progress of the performance of the Improvements r the award
of the ion contract, the Property Owner will be liable the Countyfor any and
II damages and all direct andindirect is caused thereby.
1 . Warranties. The County does not represent or warrant the level
noise reduction that the Property Owner will experience witi hresult
of the Program Improvements of the
a. The County agrees that b contracti the Contractor will include
s (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work s provided for in Paragraph 9.
b. t the end of construction, the Program Manager will provide the
Property Owner with a WarrantyFinal Closeout Package which will contain copies
the warranty policies, product instructions, sin documents andlegal documents. As
condition receiving the Warranty & Final Closeout Package, the Property Owner
p._._..._..........._ . _ _......._..........®....m...o . ........... _..._....... ._.._
OwnerPmpeny o' Imulation Agreement Page 5 of 28
must first-submit a completed NIPp ner 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 i er among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly it each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agreesto contact the Contractor or product manufacturer directly to
coordinate any required my service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
f all product or construction warranty i u (s):
(1) The Property Owner'sinquiry is not directly related to either
construction warranties or product warranties (such as window cleaning r product
maintenance) regardless of whether the Property Ownersinquiry arises duringone-
year warranty period from the Contractor or thereafter,
( ) The Property Owner believes that service i
required it spect 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 warrantyperiod for the product has
not expired, and the manufacturer is currently n in its business; and
( ) The PropertyOwner believes that service is required with
respectmy issues, and the advertised warranty peri r the
has expired.
14. Pro-Existing Deficiencies. The Property Owner will be required
sin Exhibit Q (Deficiency of I Agreement) which will impute ll
responsibility n liability to the Property Owner for any and all present Pre-Existing
Deficiencies at the Property, whether seen or unseen.
15. Pre-Work Ri � The Property Owner will be required
to complete any and all Pro-Work, as requiredby the NIPto successfully
the NIP acoustic modifications. The Property Owner will be requiredto completeµµµµ all
eionated Pro-Work items utilizing their own funds gnd_per up A A A dui mm, lme
established �the NIP. In theevent the Property Owner falls t let the
i sted Pro-work hems by the established I deadline, the Property Owner shall
be removedI rticitin and the PropertyOwner shall be liable the County
and/or Contractor for any and all resulting damages andall direct andindirect
related thereto.
1 . City "Hard-Wired" o l Requirement. I
compliance it the City of Key West Firehall and the City of Key West Building
Departmention permit issuance qui t , the Property Owner will be
requiredo install 1 -volt " -Wred" smoke alarmsin their condominium in
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Owner Noise Insuladon Agreement Page 6 of`2
accordance with all applicable codes and regulations by the required deadline as
established by the NIP. The Prop-erty Owner will be responsible to ensure that the
smoke alarms are not installed in same areas within the condominium where NIP
modification work r . impedance to the NIP construction
2Mcess. In the event the Property Owner fells to install the designated "hard-wired"
smoke alarms by the established NIP deadline, the Pmperty Owner shall be removed
from NIP participation.
17. Suspension of Program Process. The Program process may be
temporarily suspended at any time duHng the design and/or construction phases upon
the disoovery of Deficiencies due to their potential impact on the Program
Improvements and product warranties. The Program process will not resurne until the
Property Owner has corrected all related problems to the satisfaction of the Program
Manager. In the event repairs are not completed in a 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, qy. The Property Owner
agrees not to make alterations, or to permit any ton ant occupying any portion of the
Property to 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. Exceptions to this rule must be r ® in writing by the Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect costs associated with unapproved alterations and
damages related thereto.
19. Pre and Post-Construction Noise Testing Process. Pre- & post-
constniction noise testing is a very important Program process that is designed to
measure and determine the actual achieved noise level reduction 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 property for testing and
agraes to not to make alterations to the interior of their property (with the exception of
repairs of Deftencies) from the time of the pre-construction noise test to the
construction noise test. In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserve the inn edor layout of furniture, floor coverings
and window treatments from the time of the pre-construction noise test to the post-
construction noise test. The Property Owner undo ais—that the failure to adhere to
this requirement may result in corruption of the noise testing data. Therefbre, the
Property Owner understands they may be liable to the County for any direct and indirect
noI se testing costs in the event these requirements are not met.
® Cooperation. As reasonably requested, the Property Owner shall
cooperate It the Conti-actor, the Program Manager and Monroe County in the
performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallation of rugs, wall hangings and furniture as necessary.
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Property Owner Noise InnIation Agreement Page 7 of 28
1. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
ter necessary to carry out the Program Improvements.
22. i n and Bids,u Process Access. At scheduled times for upon
not less than twenty-four ( ) hours v notice (via NIPi! andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, Staten l inspectors and consultants access
Property to collectdevelop II final design and biddocuments. These visits could
include, but not be limited y, design survey, hazardous material
inspection, pre-noise testingpre-bid visit. In the event the Property Owner falls t
provide s to the Property for all required NIPsin and Bids Visits, the
OwnerProperty shall be removedl rtici ti .
23. Pre-Construction c y Owner agrees to provide
access to the Property forty-eight ( ) hours r to the scheduled I
construction. This short visit ill provide the Program Manager with the abilityo ensure
that the Property Owner has met all furniture storage responsibilities. Failure could
result in the suspension of the scheduled I construction and the Property Owner shall
be liable t and/or Contractor for any and all resulting damages and all direct
and indirect 1 t thereto.
24. Pre and Post Construction Access. At scheduled i s and/or
upon not less than -four ( ) hours notice (Wa NIPfl andlor letter)
and per the established I ion schedule sin nt, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers,' City,
County, t I inspectors and consultantsaccess the Propertyto provide
all required NIP - onstru ion and Post-Construction Visits. These visits could
include, t be limited o final measurement, pre-construction inspections, review of
Designatedtorage Space requirements, post construction inspections and post-
construction noise testing. In the eventr falls to provides for all
requiredIP Pre and Post Construction visits, the Property Owner shall be removed
from NIPparticipation t shall be liable the County and/or
Contractor for any and all resulting damages and all direct andindirect t related
thereto.
25. Construction Period Access. Upon award of NIPion
contract, the r will provide the Program Manager with their final construction
schedule, ich will include the requiredr of calendar to completeI
construction in each of the participatinginiu this schedule, the
ManagerProgram will assign each Property Owner with a designatedt of
calendar in which construction will occur in their condominium. The Property
Owner agrees to relocateit condominium for the entirei time do . I
addition, the Property Owner agrees not to re-enter their property for any reason dudng
their assigned construction period due to safety concerns the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide accessr their
assigned construction time period, the Property Owner shall be removed from NIP
OwnerPropeny 1 la ' n n a of 2
participation anthe shall be liable the ourty and/or Contractor for
any and all resulting damages and II direct and indirect related .
26. Construction rig l t s i l construction r III into the t hurricane season, there is potential for
construction e l r stoppages, beyond the control of the rat t r, i t � t
f a,threat of an approaching . are l hurricane t. Due to this
possibility, the Property Owner understands that delays may occur in itI to their
originally asI t ti time it out any fault or cost to the Contractor
Programand r. Furthermore, the Property Owner agrees to relocatefrom their
condominium fbr all additional calendar days resulting from I construction
stoppagesto a hurricanethreat or event at no cost to the County, Contractor r
Manager.Program In the event the Owner falls to providethe required
additional access to their condominium due to hurricane-related wor t , the
Property Owner shall be removed from NIPrtil tI n and the shall
be liable t and/or Contractor for any and all resulting damages and all direct
and indirect t l t thereto.
27 Discovery r - 1 tiny Deficiencies During Construction. In the
event the Contractor discovers pre-existingdeficiencies t the Property duringthe l
construction process that negatively impact the installation of the I Improvements,
the a to immediately repaIr and remediateh deficiencies in an
effort to reduce any negativeimpact on the scheduled t i period. The
Owner understands that, depending on the timing f t pre-existing lrepair,
the NIP t i y need to be extended, at no fault of the Program
Manager or Contractor.
Impact f Unforeseen KWBTS 13WLdIng QqgdItIons on Construction
S Schedule. m r 'that building conditions that
uric the NIP construction may have the potential to increase the original
scheduledti f construction, which is not the fault of the r nor
Contractor. The Property Owner needs to planfor t t- possibility that the
originally-scheduled construction completion datemay be delayedadditional days
due to unforeseenbuilding n iti n that ., y adse andcomplicate the
construction.
29 Existing i r Treatments. ll . The
OwnerProperty understands that, after the installation of new NIP acoustic window and
doors, the existingi oor treatments, shades and blindst be
compatible r able to-be re-Installed due to size differencesn the new and
existing i
m Existinq Crown Molding. rig the installation of the now
acoustic windows , the I Ill be providingt replacement
interior trim n ill . The r understands that the NIP. I t trim
ill not match custom and/or specialized crown moldingn / r custom window
and r tdrn. After the completion of the NIPifl tip , the r will
have the Ill to makemodifications to the NIPinterior trim t their own expense.
e o' ltio a 9 of 28
1. Communication Requirements. The PropertyOwner agrees t
read and review II NIP emallsfor letters in a timely ion which are bin
provided the NIP to ensureschedule . In the event the Property Owner
falls to meet this requirement, it couldl in removal from NIPparticipation.
32. Titleas i tion. The Program Manager has obtained r will
obtain, t its sole t "Abstract Title" to ensurethat the
title is free from lions and/or title defects.
33. Cooperation in Clearing Titl Prior to the. commencement
construction h Improvements, the Property Owner shall cooperate with the
County in order to (I) correct any title defects affectingthe Property which are disclosed
by h Title" and in the solet i ti of the County mayserve
invalidate the Easement, and (i!) secure the written consentII mortgage
holders to the Property Owner'sconveyance of the Easement to the County if the
Countyins that it is necessary or desirable to do so (collectively, h itl
Matters"). I , prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines the Titlein
y invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
. Federal Assurance. As requiredthe Federal Aviation
Administration, the Property Owner agrees to the followingvisions:
a. The Property Owner shall subject the construction work on the
projectto such inspection and approval during the construction the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested r and/or Monroe County.
b. After final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance and operation of the items
installed, r constructed under this Agreement. Neither the Federal Aviation
Administration nor the Countyo f ilit r maintenance andoperation
theseitems.
35. Reduction of Fresh Air Infiltration. The Property Owner will be
requiredto sin Exhiblt E (Ventilation old Harmless Agreement) which imputes all
responsibility.to thep r for the proper maintenance of interior moisture and
humidity levels.
3 . Salvage of Materials ,EquIpment. If the PropertyOwner desires
to in any of the material or equipment removedthe Property as a resultof the
Program Improvements, r shall arrange for the salvagei
materials i directly it the Contractor at the Property Owner's sole risk
and expense. The Countyo responsibility for the condition of the material,
equipmentr surrounding surfaces as a result of the owner-requested Iv . The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those items to be salvaged. In the absence
pen
OMer
N
OiSe1&don Agmement Page 10 of 28
of such a written agreement, all Items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the ll become the
property the Contractor.
`. Insurance. ng Program construction , the
Contractor will provide builders risk insurance r the Property. The Property Owner
shall have the-option, t the rs sole cost and expense, to maintain
homeowner's insurance polip for the ti of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builders risk Insurance ill cease, and It is advisablefor the
Owner to obtaininsurance l to the Propertythe rm .
38. Timing understandsConstruction.� � mar
that there i .t t construction
,.�..,,.iitself may exceed the t t r
original projected construction time period. The Property Owner also understandsthat
the constructioninvolve mt'il inconvenience ld generate significant
quantities ust and debitsrendering portions of the Property uninhabitablefor
extended periods of time.
. Labor and Material Release. Ther n r releases
forever discharges any and all claims, suits and actions against the Program Manager;
the Countyand its officers, employees, agents, consultants, and contractorsn
suppliers with spy to issues relatingto the conformanceof labor, materials and
acoustic designs utilizedin the r mom Improvements. Nothing in this shall
limit the warrantiesr materials an mr mom I contained in the contractIt the
general contractor.
40. l t . In the event the m r sells, conveys or
otherwise transfers title to the the completion of all phases of the
Program process, the r hereby agrees to providethe buyer with a copy
of this mr mat prior to the closing the We, conveyance or other transfer, and t
transfer all of the m' responsibilities iliti l ti r this
Agreement to the buyer as a condition of the ase, conveyance or other transfer of
the
41. Waiver. No waiver of, acquiescence in, or consent to any
any term, covenant or condition hereof shall be construed , or constitute, a waiver of,
acquiescenceIn, or consent to any other, further or succeeding breach of the samer
any t r tenn, covenant or condition hereof.
Release42. of Easement. In the event that this Agreement i
cancelled r the t imp that the Easement should be l of record,
the Owner, upon written request by the County, shall pay to the County the
Hundredsum of One ll to cover the costsof the preparation
recording of the Release of Easement document in the publicof Monroe
County, Florida. r understands that it is the Property Owners
responsibility to insure suchemit is made in order t "clear" the title to the Property.
__ ............ _ .._. ...
Ownero e l !alto t a 11 of 28
43. Authodw to Execute On Behalf Qf_ ount . By Resolution No. 111-
2004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe. , did, on the 1t' day of March 2004, grant full
authodty for the County Administrator to executethis Agreement on behalf of the
County i urt r action by the County Commissioners.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. ExhibitPolicy Statements.
b. Exhibit : Legal Descdption of Property
c. Exhibit Improvements.
d. Exhibit Deficiency of I s Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
General45. Conditions.
a. Povemin, . Venue..Inters ttion, Cos _a Fees.
(1) This Agreement shall be govemed by and construedin
accordance wit the Laws of the State of Florida applicable to contractsn b
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue ill lie in the appropflate court or before
the appropdate administrativebody in Monroe County, Florida.
( ) The Countyn rty Owner agree that, in the event of
conflicting interpretations the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
{ ) The County andOwner agree that in the event any
cause of action or administrative proceedingis initiated r defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing partyshall
be entitled to reasonable ' fees, court costs, investigative, and out-of-pocket
s an award againstthe non-prevalling. party. Mediationdin
initiated and conducted pursuant to this Agreement shall be in accordanceit the
Flodda RulesCivil Procedure and usual and customary proceduresrequired the
circuit court of Monroe County.
. Bindinq Effect. The terms, covenants, conditions, and provisions of
this h ll bind and inure to the benefit of the County andp r
and their respective legal representatives, successors, and assigns.
Property r Noise Insulationet Page 12 of2
c. Severability'. If any term, covenant, condition or provision of this
Agreement (or the application thereof"to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent 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
shaII be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. AuLority. Each party represents and warrants to the other that the
execution, delivery and perfonnance of this Agmement have been duly authorized by all
necessary County and Property Owner action, as may be required by law.
e. Duration of Aq-reemen . 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 period reasonably required to effect the
Program Improvements (the uTerm"), except as may be sooner terminated in
accordance with "the provisions of this Agreement.
f. Acceptance of Gifts rignts �yqs� . The
j_, Assistance Funds or Rqq
County and Property Owner agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grents, assistance funds, or ts to be used
for the purposes of this Agreement.
g. Claims fryederal or State Aid. The County and Property Owner
agree that each shail be, arid�is,-errs power;d-—to i—poy for, seei(, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations-by the Property Owner shall be
approved by the County prior to submission.
h. Adjudication of DLIs2utes gr Disagreemepts. The County and
Property Owner agree that all disputes and disagreements shall be aftempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
1. Nond iscd ml In The County and Property Owner agree tlmt
there Wil be no discrimination against any person, and it is expivssly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply Wth all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscdmination. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national oyin; (2) Section 504 of the Rehabilitation Act oft973,
as amended (20 U.S.C. a. 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
Pmpen*y Omer Noise Imulation Agmement Page 13 of28
prohibits icri i ion on the basis of age; ( ) The Drug Abuse OfficeTreatment
Act of 19 ( .L. ), as amended, relating to nondiscrimination on the basis of
drug abuse; ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention,
Treatment and Rehabilitation1 ( .L. 1- 1 ), as amended, relating
nondiscrimination on the basisf alcohol abuse or alcoholism; ( ) The Public Health
Service f 1912, , (42 U.S.C. 290 dd-3 and -3), as amended,
relating confidentiality f alcohol and drug abuse patient ; O The Americans
With Disabilities1 ( . . 1201 Note), as may be amended from time
time, I tin to non iscd!m!nation on the basis of disability; ( ) The FloridaCivil Rights
Act of 1992, (Chapter l a Statutes., and Section 509.092, FloridaStatutes), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monme
HumanCounty i s Ordinance (Chapter 1314, ArticleIII Sections 1 -1 1 through
1 -1 ), as may be amended from time to time, relatingto nondiscrimination; and (1 )
any other nond iscri Ination visions in any federal or state tuts or local
ordinances whichl to the parties t , or the subject r of, this Agreement.
j. Q%pperption. In the event any administrative or legal proceeding i
instituted againsteither party relatingti ecution, performance, or
breachof this Agreement, the County andOwner 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 Countyr specifically agree that
o party to thisa !I be requiredto enter into any arbitration proceedings
related tot is Agreement or any Attachment or Addendum to this Agreement.
. Books, Records, and Documents. The County ande ner
shall maintain books, records, and documents directly pertinent to performanceunder
this Agreement in accordance withgenerally c i principles
consistently applied. h party to this t or their authorized representatives
shall have reasonabletimely c to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and for four years
following termination this Agreement.
I. Covenant of No interest. The Coun p Owner
covenant neither tl ny interest, and shall not acquire anyinterest,
which l conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform andivrecited
in this Agreement.
Ethics.m. Code of The Countythe officers n
employees of the Countyi ill be requiredto complyi standards
conduct relating lic officers and employees as delineatedin Section 112.313,
Floridatutes, regarding, but not limited t , solicitation or acceptance of gifts, doing
businessit ; unauthorized compensation; misuse of publicposition,
conflicting ploy a r contractual relationship; disclosure r use of certain
information.
.....
Ptopeny Owner Noise Insulation Agmement Page 14 of 2
n. No Solilt floe/Pa ment. The County and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any.person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, -commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For, the breach -or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letter's or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilatergIli cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorneys fees and costs associated with that proceeding. This provision shall
survI ve any termination or expiration of the contract.
The Property Owner is encouraged to consuft with its advisors about
Flodda Public Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required t6:
(1) Keep and maintain public records that would be required by the
County to perfbrTn the service.
(2) Upon recelpt 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
copied within a reasonable tirne at a cost that does not exceed the scat provided in this
chapter or as othervAse provided by law.
(3) Ensure that public records that are exempt or c*nfidential and
exempt from public records disclosure requirements ara not disclosed except as
Propeny Owner Noise Imulation Agmement Page 19 of28
authodzed by law for the duration of the contract term and follovong completion of the
contract if the Property Owner does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perfbrTn the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirements fbr retaining public records. All
records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a forTnat that is compatible with the information
technology systems oft County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Property Owner of the
request, arid the Property Owner must provide the records to the County or allow the
recordsto be inspected or copied within a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records
relating to this contract, contact the Custodian of Public Records, BrIan Bradley at (305)
292-3470.
p® Non-Waiver of lmrnunLt L Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County arid Property Owner in this
Agreement and the acquisition of any commercial liability insurance Coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
q. Privilege and Immunities'. All of the privileges and immunities from
liability; exemptions from laws, oidnances, 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 perfbrming 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 terTitodal limits of t ty.
r. Lega j Obliqatl and ReApq nsibil Ities- Non-Delegation of
Constitutional or StgjUjM Duties, This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
I mposed upon the entity by law except to the extent of actual and timely perfonnance
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 tothe extent permitted by the Florida Constitution,
............----............
Property Owner Noise Insuladon Agreement Page 16 oft
state statutes, case law, and, specifically, the provisions163,
Ronda tub W
. Nora- roc_e by Non-Parbes. No person or entityH be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any servicer program
contemplated hereunder, and the CountyOwner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shaH have the
authorityinform, counsel, or otherWise indicate that any particular 'i ii '
f individuals, entity or entifies, have entitlements or benerits under this Aoreement
separate and apart, r , or superior to the communityin generalr the
contemplatedpurposes in this Agreement.
Ownert. Attestabons. The Property to execute such
documentsin the performancef the obUgations
and.duties of the County or Property Owner under this Agreement.
W No Personal UabUlt . No covenantr agreement contained herein
h it be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual n r,
agent r employee of Monroe County shall be liable ly on this Agreement or be
personalsubject to any liability r accountability by reason of the executionf this
Agreement.
v. Execution �n Counterp ,.N Thi r me in
any number of counterparts, bach of which shall be regarded as an original, all of which
taken together fl constitute one and the same instrumentf the parties
hereto may execute thi unterpart.
w. Section L . Section headingsinserted in the
matterAgreement as a it is agreed that such
section headings are not a partthis Agreement and will not be used in the
interpretation of any provision of this Agreement.
Property Owner Noise Irmlation Agmement Page 17of 28
IN WITNESS WHEREOF, the Property Owner and the County have
executed this Agreement as oft day and year first above written.
.............---................................................ ................. ................ ... ............ ........................ ....
S:
1 PROPERTY 0 N
SIgnature i
Pflnted Name
Pflnted Name
6
SIgnature
Data
Ar-Inted Name
........ ........ ....................................... ......... .................
IV SS - S: PROPERTY OWNER:
Slgna�ture �)
sri—nature
4
I Printed Name
15fl—Fted Name
slgrfatu
Prhted Name
............................... .... ................
........
------------- ............. ..................................
MONkdk-00` TY BOARD OF COUNTY COMMISSIONERS:
-j(Seal) - MAYOR/ CHAIRMAN:
Attest:
SLYVIA MU"Hy
XEVIN.MADOX, CLERK
By:
Deputy Clerk Signature
J,
Date
A.............. Y-ATMRR�y
00
8 Property Owner Noise Insuldt'orgy Agreement 8of
-AISS
PROGRAM POLICY STATEMENTS
To
Property Owner Noise Insulation Agreement
A. Air Concl ileproviding l "mini-
split' AC system to your condominium as a part of the NoiseInsulation
modifications, the following limitations and rest ° i ill apply to all condominiums:
1. All condensing unitsill be installed the balcony
2. All refrigerant lines (running the balconyI i ill be installed
consistent with KWBTS Board policyI i i lng a maximum height of 48
inches.
3. I condensate lines it installed ill r consistent with
Board policy rules i level of consistency and building
architectural aesthetics.
4. All interior AC lines t condensate, electrical) and Energy R000very
Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasters
ill be constructedto match the quality of existingwalls. The number and locations
f the new vertical wall and comer pilasters willi i r unique
condominium r plan and number of bedrooms. The NIPi i ill
review this r tion with you at your NIP Designi ti .
5. Only I service panelsthat are determinedr to be
deficient will be replacedf the NoiseInsulation
modifications.
WindowB. i _ � i Due to the presence of asbestos, the NIPill provide a
customnow ill instead the existing ° Due
to thisi I existing t ill granite, ill not be replaced.
This i ill be an improvement, while decreasingconstriction improving
time officlencles.
abatementC. Custom Crown Moldln� and Baseboards Restrictions
The new asbestos requirements will restrict the abilityexisting
custom tHm and baseboard pdor t originally i ill not
allow sufficient time for the awarded general contractor to secure custom
replacementli wall trim, m the
contractor will, instead, t the existingtrim to the face of the new pilaster or
thru walli ill, At new pilaster locations and, if the thru wall ac infill abuts the existing
baseboards, the contractor will install standard - painted trim to
abut the existingattempting to match the existing ° profiles
materials.and After the completionf the NIP construction, the property owner will
Exhibit A- er Noise Insuladont Page 19 of2
optionhave the to replacethe installed trim other custom trim to match the existing
matertals and profiles.
D. Door Threshold _ to stringentFlorida t
infiltration iii , all new aluminumacoustical prime entryswinging
sliding Ipatio ill have thresholds t are considerablyi the
floor) n existing door thresholds. i r thresholds are designedt
providetlmum protection to the interior ini from water infiltration
requireda hurricane.
E. KWBTS Asbestos Testing
As t l requirements, t testing l
participating ii in Buildi t r 2017
Aprilto timeri i testing i t collecting I
condominium to include i ., window glazing, and extedor
windowl i . In iti n, random exterior stucco samples were collected
on both t I l building l i .
Depending on the laboratory nl i of these I the presence of asbestos
containing materials the potentialt impact several areas the NIP
construction include:
windowI and acoustici installation,
r removal and acousticr installation,
I of portable "through-wall" AC unitsthe infilling of o0anings,
ceiling cutsi r installation of the ductless ,
wall cuts requiredthe installation of the ductless ,
construction f vertical wall pilasters requiredinstallation of the ductless
systemAC ,
® construction of closet soffit for installation of the ERV.
F. Asbestos Abatement -� i
rereents
In the event any samplespresence f asbestos containingmaterial (ACM), the
awarded NIP contractor will be requiredr the followingabatement
requirements t i :
The NIP contractor will be required to complyit i nt t
include workerrespirators, poly curtainsin all areas where the surfaces are disturbed
and the use of HEPA vacuum cleanersin the areas where surfaces are chipped, cut
and/or sanded.
Exhibit A-Propeny Owner Noise lywWatlon Agreement Page 20 of i
If samples show a presence of ACM >1%
The NIP contractor will be required to perform full asbestos abatement procedures as
dI rected 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 walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting from demolition process) by
certI fied 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 ACIM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
wIll result in new property owner requirements and design restdations which
are outlined below.
H. KWBTS BOARD Authorlty,of Deslan.Decisions. The KWBTS Board will have the
Authority to make several of the Pmgnsrn design decisions to include:
1. Acoustical Window and Door Material
® Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and boor Operational Styles
® Interior Ductless Uni-Splif AC System Installation Requirements
5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
...............
Exhibit A-Pnaipeny Owner Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 122-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.
Exhibit B-Propeny Owner Noi lation Agreement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
0 Architectural Drawings
a Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Exhibit C-Property Oymer Noise insulation Agreement Page 23
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Nolse Insulation Agreement
I In partial consideration of the compensation to be paid an behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement') between the County
and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assI gns of the undersigned, forever releases, rernises, discharges, indernriffies and
covenarits not to sue, Institute claims against, or Institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
coricerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injudes or death, damage to the pruperty,
and the consequences thereof, and any of the fbregolng which may accrue to the
undersI gned or their respective heirs, personal representatives, successors and assigns in
connectIon with any and all Pre-Existing Deficiencies (the "Deficienclesm) 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 fbr the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include arly
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations, structural daniage, water / moisture
damage, hazardous matedals, infestation and/or any issue that would negatively impact
the installation arid performance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Prcgrarn Manager will classify the observed Deficiencies as either'Minor" or"Severe".
5. The Property Owner assumes full responsibility lbr the worsening of any
documented Minor Deficiencies.
6. In the care event "Severe" Deficiencies are I ifled dudng the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
are uncovered dudng the construction period, the Property Owner agrees to complete
.......................
Exhibit D-Property Oymer Noise I ation Agreement Page 24 of 28
repairsnecessary to the Property, to the acceptanceof the Manager to
minimize delay or stoppages of Work.
. The undersignedacknowledge and agree thatII of the releasel
harmless indemnity vi ions set forth in Paragraph 1 of this Exhibff Q apply to
damage,property injuries, deaths, or damages arisingthe Deficienciesand/or all
negative impacts that later result after the addition of the Program Improvements. The
provisions of this Exhibit shall survive the termination r expiration of the Property
Owner Noise Insulation Agreement.
. The undersignedhereby agree that the terms and provisions of this Exhibit
_ II b binding inureit f t i it iv
h i , personal v s, successors n assigns.
................. .....
WITNISSIES
PROPERTY OWNER:
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ibit D-Property Owner Noisehisulation Agreementa 25 of 2
VVENTILATION
Exhibit
NoiseTo
Property Owner l
1. In partial consideration of the compensationto be paidbehalf of the
County and the Program r the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") between the County
Ownerand Property and to whichthis Exhibit .. is attached, the undersigned, for
and on
behalf of the undersigned and the heirs, personal representatives, successors,
assigns i v r releases, remises, discharges, indemnifies and
covenants not to sue, Institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning ll claims, demands, damages, actions or causes of action of
whatsoever kind andnature on account of bodily Injuries or death, damage to the
property and the consequences thereof, and any of the foregoing hich may accrue t
the undersigned or their respective heirs, I representatives, successors and
assignsin connection with any and all Ventilation Deficiencies (the "Deficiencies") against
said r any of its ployees, consultants and/or contractors to be
legally liable.
. The Program Improvements include the additionacoustical
windows , removal and infilling of 1hrough-wallm portable air conditioner units
and the addition of a replacementI "mini-split' air conditioning system. Because
these modifications ill result in a tighter interior environment due to the eliminationo
1l passive inside I outside air leakage t was naturallyu in all openings, the
Program Will also include the addition of a energy recovery ventilation ( ) unit which
Will provide an adequate cn a of inside 1 outside air to the condominium
required by buildinge.
3. Given the tightened interior environment of the treated iniu , the
Property Owner agrees to assumefull responsibility for the proper operation f the new
Program ductless AC system nd energy recovery ventilation ( V) unit to avoidthe
potential for mold and moistureproblems, especially duringriod hen the
condominium is closed and uninhabited.
eligibilitylimitations, the Program will not be providing
bathroom exhaust fan treatments. Sincebathroom tubs and/or showers are a source of
moisture tin in the interior environment of a condominium, the Property Owner
agrees to assumefull responsibility for ensuring that all bathrooms haveoperable
bathroom exhaustal f properly exhausting bathroomof to the exterior
of the building. It should alsonoted that the original KWBTS condominiums
constructed with a small wall vent that was designed to allowthe passive exhaust of
...... ........ .........
i it E-Aropeny OwnerNoise Inndation Agmement Page 26 oft
bathroom moisture in tl building exhaustft. During the Program design
survey process It was discovered the T buildings lack a solidnotbuilding
exhaust shaft. Due to this i t nn 'mt nn, these ru u l wall vents (if still not
have the potential to providepathway for unwanted air, smoke and/orinto the
condominium interior. The Property Owner agrees to assiume full responsibility for the
seaUng of original wall vents in all bathrooms andfor any and all negative Impacts that
may.result if left untreated t
5. It ilding code violation to duct laundry dryer exhaust to the
centralKWBTS exhaust shaft. In the event a Property Owner has incorrectly u
their laundry dryer vent to the KWBTS central building exhaust shafts, they
correct this deficiencyexhausting their laundry dryer exhaust in
altemabve methodthat meets current building code, at their cost before the initiation of
the Program construction process. Furthermore, the Property n r agrees to assume
any rmall HabUity relatedto the improper ducting of their laundry dryer exhaust.
Owner6. The Property understands that the m Improvements will not
address kitchen and bathroomnnti tul un r excessive Mt ri r humidity levels
generatedthe Property Owner within the interior of the condominium. The Property
Ownerunder-stands full responsibility for maintenance of untertor moisture
and m levels. The Property Owner agreas to assume full responsibility for any
occurrence, reoccurrence or worseni f moisture problemsand/or interior humidity
levels in the Property. In addition, the to assume full
responsibility the maintenance boon of the Iventing modifications r
completion of the Program Improvements.
7. The undersignedand r that all of the release, hod
harmlessindemnity nnult nn t forth in Paragraph t of this - - - I t
injudes, deaths, or damages sustainedIn connection with or as a result of any and all
Interior ntil to m un arising r the addition f the Program Improvements
incUding, but not limited to, high humidity, mold, fl , nn ' lack of proper exhaust
ventilation. The provisionsf this f ft E shall survive the termination or expiration of
the Property Owner Noise Insulation Agreement.
8. The undersigned r that the terms andmui f the
Exhibit h l be binding nn and inure to the benefit of the undersignedand their
respective heirs, personal representafives, successors and assigns.
WITNESS • j
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ame
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Exhibit E-Property OWner Noise Instdation Agreement Page 2?of 2
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WITNESSES: PROPERTY OWNER:
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Signature
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Printed_ Name
Signature
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Exhibit E-Property Owner Noise Insulation e 28 of 28