09/18/2019 Agreement/Easement-C123 �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
r
Heather P. Faubert 7
NIP Assistantj n r ROCOr&d4/21/202011.0 L
of 4
THC, Inc.
710 Daculai 1 s
Dacula, GA 30019Fded md R=mW ia OffieW Rwordsof
AVIGATION
Key' West International i
Noisei
THIS EASEMENT AGREEMENT is entered into this -° day of ��,.
1 ", hereinafter a t "the Property Owner," in favor
Of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and
corporate, hereinafter referred to a
1 :
A. The Property Owner is the fee simple titleholder to certain realp ("theProperty")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY TkE SEA, a
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Booka 370,as amended
from time to time, of the Public Records of MonroeCounty, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C123"
B. The BOCC is the owner and operatorof Key West International Airport("the Airport")and
desiresto make propertiesthat, through interior noise exposure testing, determined
incompatible as a result of their exposure to aircraft noise compatible for residential
purposes through the implementation of a NoiseInsulation 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 andto bringthe average interior noise level below
dB in accordance ih Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United Statesova mt
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 I and has entered into a Property
t Inte, tlonal AI rt NIP-„Avl ...tlon E-asement(Unit_C-123) _ Page 1 of
Owner Noise Insulation t with the BOCC. The BOCC's implementation of the
NIP will benefit the Property Owner and the Property by providingcertain i t sound
attenuationo st ion on all eligible residential structures on the property necessary
o achieve a reduction in DNL indoor noise levels t least nbring average
interior noise level to in accordance withI Aviation Administration
policy.
F. The Property Ownerull n s that the NIPeligibility l change at some future
time, is currently based on the 2013 Existing ConditionNoise Exposure
accepted bthe Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordancei the current FAA Order 5100.38, it
Improvement .
H. It is the purposef 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 to be made to the Subject
Property through the NIP,the receipt of whichis hereby acknowledgedoh
parties, in consideration and incorporation into this Avigation'Easement of the recitals
set forth above, the Property Owner and thefollows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all
successors in interest, s hereby grant, bargain, II and convey the BOCC, its
successors and assigns, a r t I avigation easement over tusei
of the Easement shall include the right o generate and emitnoise n other
effects as may be associated with the operationi v r or in the vicinity of the
property. This Easement shall apply to all such aircraft activity at the Airport, present or
future, in whatever fbrm or type, during operation , on, to or from the Airport, and it being
the intent of the partiesthat all such Airport activityshall be deemeds included
withinthe purview this Easement.
2. This Easement shall be perpetual in nature n II bind and run withthe title the
property and shall run to t fit of the BOCC or its successorin interest as owner and
operator of the Airport.
3. The Property Owner on' behalf of the Property Owner, its heirs, assignssuccessors
in interest,does herebyI the BOCC, andn II related partiesof the BOCC,
including not limited to BOCC members, officers, n ,
employees and lessees, II claims, demands, damages, debts, liabilities,
costs, attorney's fees attorney' or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
r will in the futureIt of Airpokoperations r aircraft activities
noise levels related to or generated by Airport activity, or may hereafter have as a result
of use of thist, including not limited to damage to the above-mentioned
property r contiguous property due to noise, n other effects of the operation
Airport r of aircraftlanding or taking the Airport.
®........._ _ ®_ .._ _ n �.� ..... - �...--
K W Into Bo I Airport NIP—Avlgadon E ent(Unit 1 ) Page 2 of 4
. This sew t expressly excludes and reserves t the Property Owner and to the
Property Owner's° a in Interest, -claims, demands,
debts, liabilities, costs, tt ' r expert's fee, or causes of action for
physicalr personal injury caused by any aircr our part of anyMarc ire
the Easement that does Identifiablephysical damage to the propertyr injury to a person
on the property by cominginto uical contact with the property or the person on
the prop".
5. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforce anythe provisions hereinr protect its interest In r
arising r this Agreement or to recover damages by reason of any alleged
any provision of this a ant, the' prevaffing partyshall be entitledall costs,
damages and incurred Including, but not limited to, attorneyscosts
incurred in connection therevAt , Including appeHate action.
m u un of this t is to be Interpreted for or against anyuse that
partyr that party'slegW representativesuch provision. This ant shall be
Interpreted trued according to the laws of the StateFlorida.
7., No breach of any vision of this Agreement may uIved unless in VmUng. Waiver of
any one r of any provision of this ant shall not be deemedto be a waiver
of any other of the run other provision of this t. This Agreement
may urn and only by written instrument executed by the parties In Interest at the
time of the modificabon. In the event that any one or more covenant, condition or
provision contaIned hereinis heldul v uu , Wd or Hlegal by any court of competent
jurisdiction, the same shall ul m the remainder of this r urrun t
and h ull in no tw �mpWr or invalidate any ot r provision hereof so long the
remaining provisions t materially tern illy ut r the rights und obligations of the parties. If
such condition, covenant or other provision shall be deemedinvaW due to this r
breadth, such covenant, condition or other pIrovislon sball be lu to th t
of the scope or breadth permitted by law.
8. n the v ant the Airport ul be subdividedInto more than one parcel, or the Airport or
portion thereof becomes subjectto operation, management our administration by a party
In itm un to our in Heu of the , then and in that event the parties that some
shall not terminate or othervAse affect this ant so long as a portion of the Airport
continues to operatefor standard airportflight purposes, and that any such successor
In Interest to the BOCC shall be entitledto allof the un fitrunning to the
hereunder.
9. The un r agrees that the un r shall bear and be responsiblefor
costsall ul t ii ing and operating any soundun tul un materials aun u t
installed In the Property by or on behalf t the BOCC.
Key Wasi!n t -opt NIP—kAgWon Easement(Unit 1
This Easementis executed as of the date first .
_........_____........_....._ _.....
PLI-
Printed to Printed a
Date
STATEC a"M.w..„.0 uux k , uuu , � u.�,�.M.uuuuuuuuu,H.u.�.��uuuuuuuuuuu,.
COUNTY OF � � ua�� ���� uuuuu.._.. xiuuuuuuuuuuuuw
1
i The f r cin i men was acknowledgedbeforem this .� ,) � ,.# � � ' ��� � ,,,,,,,,,,,,,,,
i
Owner Name(s)
Jasaft L Wallace
My commIS&
e Publlc Slgnatu 9 �`� WVO=20221
__..._.. _.__ .. .----
——-----
.._........ .......
MONROE COUNTY BOARD COMMISSIONERS:
i
WITNESSES: MAYQKT9
t
Signature
�'ign a.
Printed Name J` R
Printed� f j �
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged beforeZp
mm. a
bY. ,,
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
----- -------- Commission Expires:
Notary Public Signature
of UI\ rg)
P
y'c
West International I ort NI —AvIgation Easement Unit#C13
Date
�I�`
Address: ,.w. K ,' West
_
Unit No.: C123
: ZaneHo
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEsT INTERNATIONAL T, 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 "Property Owner").
WITNESS :
the Property Owner is the sole record owner in fee simple of
certain realp p 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 Noise Insulation Program (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property o particularly described on Exhibit attached
hereto (the " m Improvements"), said Improvementsto be paid for by the
County t no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the ; and
WHEREAS, the County ill enter into a construction contract with a
general contractor (the "Contractor") vie the installation of the Program
Improvements; and
WHEREAS, the Program is managed 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 in;
THEREFORE, in consideration of the terms, covenantsand
conditions set forth herein, and other good and valuable consideration, the receipt and
AropeHy Omer NoiseLmulamn Agmment Page of 28
sufficiency f which are hereby acknowledged, the Property Owner and the County
herebyagree as follows:
1. Grant_ of Easement. Simultaneouslyit 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 Easementins in full force and effect and i
hereby ratified in all respects.
Policy Statements. Consistent with the Programand/or
Federal Aviation Administrationi Improvement policies and procedures,
the Program Manager has developedseries Policy Statements tliin
construction and eligibility restrictions. The Property Owner understands that
prescdbed Program Improvements wwill be it `t the Policy
Statements vie the Property r y the Program Manager. A copy of the
Program Policy to is attached hereto as gxhibit
3. Payment sent of PMgram Improvements. The County agrees to pay for
the Program I v n sc i Exhibit chereto. The Program
Improvements ill be approved the Property Owner and County, managedthe
Programna r, and performed by the Contractor.
. Impeding Comp. The Property Owner shall not
impede r interfere withthe Contractorsability l een approved product
manufacturers nd subcontractors in the preparation of bid. submittals. To insure
competitive i environment, the Property Owner is prohibited vin
discussion or communication withthe Contractor in relationto the Program, the
contractoes. bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the Countyin its sole discretion, suit in disqualification from the Program and
cancellation of this Agreement.
5. p ion _Contract. The County will award the contract for the
Program Improvements istent with Federal and Countycompetitive i ipolicies
and procedures. The contractill require the Contractor to complete the Program
Improvements it in a time ed find by the r.
Post-Con ion snibiliti r shall
meet all responsibilities and requirementspertaining to both pro-construction and post-
construction:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
all Pro-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.)from their condominium;
( ) Moving of all fumiture and belongings into the "Designated
Storage Space Area" within the condominium, vi i the required "clear area" (white
e Owner Noiseul Agreement of 28
space in sketch) for the Contractor. When doing , the Property Owner will have the
ability to utilizecomplete r to cellingn space.
( ) Removing of all excessive furniturebelongings h
condominium that will not fit in the "Designated Sto ac ";
( ) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated St
{ } Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withiv poly before storing them in "Designated
Storage a ";
( ) Removing all wall hangings (such as mirrors, ihanging
shelves, c.) and storing them in the flDesignatedt c ";
( ) Moving all small items and belongings into either the closets or
bathrooms outlined i "Designated t "
Afterb. completion of the NIPconstruction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture andbelongings in the
uDesignated Storageto their original positions in the condominium:
( ) Moving of any excessiveit ion in s back into
the condominium;
( ) Re-installation of aII wall treatments, door treatments and
wall hangings back to their original positions in thecondominium.
c. In the event the Property Owner falls y and II of the
above - nr ion responsibilities, the Property Owner shall be removedI
participation the Property Owner shall be liable h nt and/or. Contractor for
any and all resulting damagesII direct andindirect I thereto.
. In the eventthe Property Owner falls to perform any andII of the
above st- s ion responsibilities, the y Owner shall be liable to the
Countyfor Contractor for any andall resulting damages andII direct and indirect
costs related thereto.
. Impedinqy v A Construction. Once construction of the Program
Improvements beg the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy theProperty during the construction of the Program
Improvements from impeding r ion or altering construction schedules. In the
event the Property Owner or any tenant occupying theimpedes nt ion or
.._..... __ ....... .m _
Noise Insulation Agmement Page 3 oft
alters the construction schedule, the Property Owner shall be liable to the Contractor
and the County r any damagesn ll direct and indirect late thereto.
8. Safe Working v*f. n . The Property Owner shall be responsible
r providing a safe workingv!ronment for the r, Contractor.
subcontractors, suppliers, nd City, County, State and federal inspectors.
. Throughout all phases i construction of the Program
Improvements, the Property Owner shall be responsiblefor:
(1) Providing a workingenvironment that Is of ni I
health risks, ! iions, hazardous chemicals, obstacles, weapons of any
kinand/or explosives;
( ) Refraining from verbal abuse or profanity,
( ) Refraining from aggressive physical contact; and
( ) Insuring that all pets are completelyin
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program processt the County'sdiscretion, temporarily
suspendedt any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating the corrective action(s) and/orcondition(s) required
completed r perforrned by the Property Owner prior to the Coun ing
process.Program
c. In the event the Program process is not resumed due to the
Propertyr failure to completeh ive action(s) and/or condition(s)
requiredh r, the Propertyr shall be liable to theCounty
and/or Contractor for any and all damages and all direct and indirect sts related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct andindirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction I y uri the construction period, the Contractor
may experience s complications reI tin to the installation
Improvements. The construction contract shall provide that delays related to these
unforeseen complications are beyond the I of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revisedif there is a delay in awardingof the contract or ' the Program
Improvements have to be re-bld in the eventlack of biddingcontractors and/or failure
of the lowest responsive, responsible bidder to execute the contract, provide et
and performance o r show i insurance.
1 . Chames to Scope of Work. The Program Manager reserves
to make changes to the plans and specificationsn h Improvements, at its
__....... _ _............ _. ...............
Property Owner Noise Insulation AVvement Page 4 f 28
sole discretion, at any time during the Program process, provided such changes do not
reducethe r quality of the Program Improvements cri in Exhibit
such changes are necessitated by the discoveryof hidden conditions not readily
detectable Hn I pmperty inspection procedures.
11. Acceptance of Work. Upon completion of the Improvements,
the Program Manager shall inspect or- cause the inspection of the Program
Improvements to in if they were completedpursuant to the terms of the
contract. The Program Manager retains sole discretiono on program
conformance n issues they I to the Contractor, subcontractors,
suppliers tic designs. The Propertyr is requested to attend
Substantial o I ti Inspection and provideinput to the Construction Manager with
respectidentified punch-list items. In addition, the Property Owner is welcome
attendthe Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they releaser their ability
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the v there is a disagreement between the Property
Owner and the Manager as to a conformance or performance issue, the
OwnerProperty shall be requiredo submit the discrepancyin writingto Monme County
(representative 1 tinprocess) within 7 days of the
inspection giving dse to thediscrepancy. o a County shall then make a
determination to the acceptabilitynfo a issue n
remedial action that may need to be taken. Monroe County shall be the final arbiter
any confbrrnancelperfbrmance/issues. Failure by the Property Owner to submit the
written complaint within the time period specified ov hall thereafter foreclose the
Propertyright to file such complaint.
1 . Termination of Agreement. The Property Owner understands that
the signing this Agreement initiates BID and ! o
the Program Improvements be performedin accordance with the Program.
Therefore, if the Property Owner attempts to terminate this t or otherwise
impedes the progressthe 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 andindirect s thereby.
3. Warranties. The Countynot represent or warrant the level of
noise ion that the Property Owner will experience within the Property as a result
of the Program Impmvements performedof the Program.
a. The County that its contract with the Contractor will include
standard o (1) year warranties from the Contractor for all materials and workmanship.
Such one-year wanranty pedodshall commence as of the time of the acceptance of the
work as providedr in Paragraph 9.
b. t the end of construction, the Program Manager will provide the
Property Owner with a WanrantyFinal Closeout Package whichill contain copies
the warranty licies, product instructions', design documents and legal documents. As
condition of receivingthe Warranty & Final Closeout Package, the Property Owner
............__ e.. ......... _.
Owner Noise Insulation5 of 28
must first submit a completedI rtOwner Satisfaction Survey to the Program
Manager. After receiving the n it 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
OwnerProperty is solely responsible for pursuing all future product warranty issues
directly with each productanufa u r.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all ti r resolution
of all product or construction warranty issu (s):
(1) The Property Owner'sinquiry is not directly relatedto either
construction warranties or product warranties (such as windowelbaning or product
maintenance) regardless of whether the Property Owner'sinquiry arises during the one-
year warranty periodfrom the Contractor or thereafter;
( ) The Property Owner believes that warranty service i
requireditrespect construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is required with
warrantyrespect to product issues, the advertised warranty period for the product has
not expired, n the manufacturer is currently conducting its business; and
( ) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
1 . existing Deficiencies. The Property Owner will be requiredt
sin Exhibit Q (Deficiency old HarmlessAgreement) which will impute all
responsibility and liability the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
1 . � ,Pro-WorkReg, i t . The PropertyOwner Y411 be required
to complete any and,all - requiredt I t successfully accommodate
theI acoustic modifications. The Propeqy-Owner Will be dui .t complete II
designated Pre-Work items utilizing their own funds and p TAhe-required depdLineLs as
ester lishd the NIP, In the event the Property Owner fails to completethe
designated - items by the established I line, the Property Owner shall
removedbe from NIPparticipation the Property Owner shall be liable to the County
and/or Contractor for any and all resulting damages and all direct and indirect t
related thereto.
16. In
compliance with it f Key West Firea h II and the Cityof Key Wei Buildingg
Departmentnt ion permit issuance requirements, the Property Owner will be
required to install 120-volt " - i d" smoke alarmsin their condominium i
...__._.
Prop"Omer Oise I lt' n _.
accordance wIt h all applicable codes and regulations by the required deadline as
estabII shed by the NIP. The PropArty Owner will be resDonsible to ensure that the
smoke alarms are not installWii same are within the condominium where NIP
modification work will o NIP construction
prqg....gg, In the event the Property Owner-falls to install the designated "hard-wired"
smoke alarms by the established NIP deadline, the Property Owner shall be removed
from NIP participation.
17. Suspens!on_9f_PrqqMM__PMpM. The 'Program process may be
temporarily suspended at any time during the design and/or construction phases upon
the discovery of Deficiencies due to their potential impact on the Program
lmprav wit s and product warranties. The Program process will not resume 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 Alterationsuau,to the_Propert . The Property Owner
agrees not to make alterations, or to permit any tenan't 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 pre-approved in writing bythe Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspenslon 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 %*Ath unapproved alterations and
damages related thereto.
19. Pre and Post-Construction Noise Te Lting Process. post-
construction noise testing is a very important Program process that is designed to
measure and determine the actual achieved noise level reductiori level at treated
properties, If selected by the Program Manager for pre- & post-constructlon noise
testing, "the Pr6perty Owner agrees to provide access to their property fbr testing and
agrees to not to make alterations to the interior of their property (with the exception of
repairs of Deficiencies) from the time of the pre-construction noise test Lthe_pqst-
construction noise test. In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserve the interior layout of fum' Iture, floor coverings
and window treatments from the time of t L
construction noise test. The Property Owner understands that the failure to adhere to
this requirement may result in corruption of the noise testing data. Therefore, the
Property Owner understands they may be liable to the County for any direct and indirect
noise testing costs in the event these requirements are not met.
20. Pop pgrgition. As reasonably requested, the Property Owner shall
cooperate with the Contractor, 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.
P�vpeny Omer Noise Inndation Agmem ent Page 7 of 28
1. _Utilities. The Property Owner shall permit the Contractor to u , at
no cost' o the Contractor or the County, existingutilities such as light, t, power an
water necessary to carry out the Program Improvements.
22.not I than -four ( ) Access._ t scheduled times and/or Design i�i
advanceti (via I it andlar letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, t I inspectors andconsultants c the
Property to collectdevelop II final design and biddocuments. These visits could
include, but not be limited t , property survey, design survey, hazardous material
inspection, pre-noise testing n pre-bid i . In the event the Property Owner falls to
provide access to the Property for all required NIPsin and Bids visits, the
OwnerProperty shall be removedI ici i .
. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight ( ) hours prior to the scheduled rt of NIP
constniction. This short visit will provide the Program Manager with the ability
that the Property Owner has met all fumitu're storage responsibilities. Failure could
cult in the suspension of the scheduled 1 construction and the Property Owner shall
be liable the Countyfor Contractor for any and all resulting damages and all direct
and indirect ts related thereto.
24. Pre and Post Construction Access. At scheduled timesfor
upon not less ttwenty-four ( ) hours advance notice (via 1 it andlor 1 r)
and r the established NI r ion schedule assignment, the Property Owner
agrees to provide to theManager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to t provide
II i IPre-Construction nPost-Construction visits. visits could
include, not be limited to final measurement, pre-construction inspections, review of
Designated torequirements, ru ion inspections an post-
construction noise testing. In the eventr falls to providefor all
required l o ion visits, the Property Owner shall be removed
from NIPparticipation rty Owner shall be liable to the Countyfor
Contractor for any and all resulting damages andII direct and indirect I t
thereto.
25. Construction Period Access. Upon award of NIPion
contract, the Contractor will provide the Program Manager with their final construction
schedule, hick will include i number of calendar I t the NIP
construction in eachparticipating iniu this ch l , the
ManagerProgram will assign each Property Owner with a designatedr of
calendar days in whichconstruction will occur in their condominium. The Property
Owner agrees to relocatetheir condominium for the entiresin i period. In
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period due to safety concernsthe potential to negatively
impact the Contractor. In the event the Property Owner falls to provider their
assigned construction time period, the Property Owner shall be removedI
Propeny Owner Noise Insulation E Page 8 of28
participation the lI be liable t r Contractor for
any and all resulting damagesall direct and Indirect I thereto.
26. Construction riod m Extension�.. _ u t i the I
construction R rid Into t -- t hurricanem ,u � tl is potential for
construction dei and/or stoppages, beyond the oontrol of the Contractor, in t t
of a threat of an approachinghi and/or an actual hurricane ntW Due to this
possibility, the understands n that l may r In addition to their
originally asi tru I n time period, without any fault or cost to the Contractor
Programand Manager. Furthermore, the Property Owner agrees to relocate from their
condominium for all additional calendar days resultingm NIP construction work
stoppages to a hunicane threat or event at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owner falls to providethe uir
additional access to their condominium due to hunicane-related work stoppages, the
OwnerProperty shall be removedI rtii tl and the rope r shall
be liable to the Countyr Contractor for any and all resulting damages andall direct
and indirect t related thereto.
27. Disc Ly Dudng Construction. In the
event the Contractor discovers pro-existingi I ci t the Property duringthe NIP
construction that negatively impact the installation of the NIP Improvements,
the PropertyOwner agrees to immediately repair and remediate such deficiencies In an
eftrt to reduce any negative impact the scheduled n tr l ri . The Property
Owner understands that, depending on the timing the - i tin m I nrepair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
Imo.,, "� Ali I ions on Construction
ion
Schedule. The Propertyr n t that m n� n� building itl that
may artseduring the NIP construction may have the potential to increase the original
scheduled durationof construction, which is not the fault of the Program r nor
Contractor.r. h r needs to plan for the ."worst-case" possibility that the
odginaHy-scheduled constructionr l ti ny date may be delayeditl nm I days
due to unforeseen building 'iti tha,t may arisen r li t the I
construction.
I t r t _ aand Blinds. The
Property nor understands that, r the Installation ot new NIPacoustic "n n
the existing windowand/or door treatments, shades andUinds may not b
compatible nor able to be re-instafled due to sizedifferences n the new and
existing °n and r .
30. i tinq Crown Molding- During the Installation of the
acaustic windows and , the NIP vAll be pmvidingn "standard" I t
int d r trim and slUs. The Propertyr understands that the I i m nit trim
ill not match custom and/or specialized crown molding and/or custornwindow
and r trim. After the I tl of the NIPi m ti , the Property Owner will
have the ability to make modifications to the III interior trim at their own expense.
........
OWner Noise InMation Agreement Page 9 of 28
31. Communication Req, - The Property Owner agrees to
read and review all NIP i smalls and/or letters in a timely fashion which are in
beg
provided by the 141P to ensure schedule conformance. In the event the Property Owner
falls to meet this requirement, it could result in removal from NIP participation.
32. Title Examination. The Progiarn Manager has obtained or v011
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. w t1 i iitl rior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (i) correct any title defects affecting the Property which are disclosed
by the "Abstract of Title" and in the sole determination of the County may serve to
invalidate the Easement, and (11) secure the written consent of any and all mortgage
holders to the Property Owners conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the 71tle
Matters"). If, prior to the commencement of constniction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and Vold, and the Easement
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager and/or Monroe County,
® After final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this Agreement, Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and operation of
these items. '
35. 'Reduction of Fresh Air Infiltration. The Property Owner Wil be
required to sign Ekli -bft g(Ven tit ation Hold Harmless Agreement) which imputes all
responsibility to the Prop" Owner for the proper maintenance of interior moisture and
humidity ICI ®
36. Salvage of Materials & gg eta f the Property Owner desires
to retain any of thei material or equipment removed from the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the Property Owners sole risk
and ® The County assumes no responsibility fort condition of the material,
equipment or surrounding surfaces as a result of the owner-requested salvage. The
Property Owner and the Contractor shall,' prior to the commencement of construction,
agree upon and execute a document listing those It to be salvaged. In the absence
Pnopeny Owner Noise Insulation Agreement Page 10 of 28
of such a written agreement, all it shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
37. t Pro rt Irgyranc ri t i
e. Dung Program consructon pedod, the
2e_y
Contractor ill provide bullder's dsic insurance for the Property. The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain a
homeowner's insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractor's builder's dsk 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. Timing and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. The Pmperty Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendertng portions of the Property uninhabitable for
extended pedods 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 �cers, employees, agents, consultants; and contractors and
suppliers with mspect: to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Impmvements. Nothing in this p,amgraph shall
limit the warranties for matedals and workmanship contained in the contract with the
general contractor.
40. Sale of PM a . In the event the Property Owner sells, conveys or
otherwise transfers title to the Pmperty 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 onthe sale, conveyance or other tmnsfer, and to
transfer all of the Property Owner's r espo nalbil Ifies and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver. No walver 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
canceII ed 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 Release of Easement document in the public records of Monme
County, Florida. Property Owner understands that it is the Property Ownees
responsibility to Insure such payment is made in order to 'mclear' the title to the Property.
............
...............
P�wpeny Owner Noise Imulation Agmement Page 11 of 28
3. Authoritv to Execute On Behalf Of County. By Resolution No. 111-
2004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of MonroeCounty, I , on the 17th day o a full
uthri for t of Administrator cut this Agreement on a If of the
County without further action by the Boardmy Commissioners.
. Attachments. Attachmentsthis t include the following,
which are incorporated into this y reference.
a. Exhibit : Program Policy Statements.
b. Exhibit : Legal Description
c. Exhibit Improvements.
d. ExhibitDeficiency ofHarmless Agreement
e. Exhibit : Ventilation ofHarmless Agreement
General45. Conditions.
a. Governinq Law, Venue, Inters ss .
(1) This Agreement shall be governed by and construed in
accordanceit the Laws of the State of Floridaapplicable to contractsto be
performed entirely in the t t .
( ) I , the event that any causeion or iitr iv
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropriatecourt or before
the appropriate i i t tiv in Monroe County, Florida.
( ) The County and Property-Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by between any of
them, the issue shall be submitted to mediation pdor to theinstitution other
administrative r legal proceeding.
( ) The Countyn p Owner agree that in the event any
causeion or administrative proceedingis initiated r defended
relative he enforcement or interpretation this Agreement, the prevailingshall
be entitled to reasonable , investigative, and out-of-pocket
expenses, as an award againstnon-prevailing party. Mediation proceedings
initiated nd conducted pursuant to thisshall be in accordancei
Floridai s of Civil Procedure andusual and customary i h
circuit oun .
b. Bind Ing_gffect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the Countyr
and their respective legal representatives, successors, and assigns.
. „_.._... .... .._ _. .... .
Property er o' l ti t Page 122
C. fieve if any term, covenant, condition or provision of this
Agreement ( r the applicationthereof to anycircumstance r ) shall be declared
invalid r unenforceable to any extent by a courtt jurisdiction, the remaining
terms, covenants, conditions and provisions of this II not be affected
thereby; and eachremaining covenant, condition and provision this Agreement
i
shall be valid n shall be ertforceablefullest extent permitted by law unlessthe
enforcement of the remainingcovenants, conditions and provision'sthis
wouldAgreement wi t the accomplishment of the original intent of this Agreement.
d. tho . Each party represents and warrants to the other that the
execution, delivery andi t have been duly authorized by all
necessaryounty and Property Owner action, as may be required1 .
e. Duration of A
11reemprit. This Agreement shall commence uponthe
execution of this Agreement, subsequent to execution by the Property Owner and by
the Countyshall remain in effect for a periodl ui to effect the
Program Improvements (the "), except as may be sooner terminated i
accordancei the provisions of this Agreement.
f. Acct n of i s, ants, Assistance Funds, or u sts. The
County and Property Owner agree that each shall be, and is, empowered to accept for
the fit of any or all of them, gifts, grants, assistance funds, or bequests to be used
r the purposesof this Agreement.
g. Claims for Federal or State Aid. The County and Property Owner
agree that each shall be, and i , empowered to applyr, s , and obtain federal and
statefuns to further the purposethis Agreement, provided that all applications,
requests, grant proposals, and funding lici i y the Property Owner shall be
approvedoun dor to submission.
. Adludication of Disgutesor Disagreements. The County
OwnerProperty agree thatII disputes and disagreements shall be attempted to be
resolved confer sessions betweenrepresentatives f each of the parties.
If the issue r issues still not resolved to the satisfaction of the parties, then any
party II have the right to seek such relief or remedy as may be providedthis
Agreement or by Floridalaw.
i. Nondiscrimination. The County and Propertyr agree that
there ill be no discrimination against any person, n it is expressly understood that
upon a determinationby a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the
f any party, effectivethe date of the courtorder. The County and Property Owner
agree to comply iall Federal and Floridastatutes, II local ordinances, as
applicable, I tin to nond i cri m in ti . These include u not limited to: (1) Title
I of the Civil Rights Act of 1964 .L. ) which prohibits discrimination on the
basis of race, color or national origin; ( ) Section 504 of the Rehabilitation1973,
s amended ( U.S.C. s. ), which prohibits discrimination on the basishandicap;
( ) The Age Discrimination Act of 1 ( 1 1- ), which
----------------
P�vpeny Own �
is Imulation Agrement Page 13 of 2
prohibits i cri in tion on the basisf age, ( ) The Drug Abuse office And Treatment
Act of 1 ( .L. ), as amended, relatingo nondiscrimination on thebasis of
abuse;drug ( ) The ComprehensiveAlcohol Abuse And Alcoholism Prevention,
Treatmentn Rehabilitation of 1 ( .L. 1- 1 ), s amended, relating
nond iscri !nation on the basis of alcohol abuse or alcoholism; ( ) The Public Health
Service 1912, , ( -3 and 290 ee-3), as amended,
relating to confidentialityalcohol and drug abuse patient ; ( ) The Amedcans
With Disabilities1 (42 1201 Note), as may be amended from time t
time, relating nondiscrimination on the basis of disability, ( ) The Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monroe
County Rights Ordinance ( r 1314, ArticleIII Sections 1 -1 1 through
13-1 ), as may be amended from timeto time, relating nond iscri ination; and (1 )
any other nondiscrimination provision in any federal or state statutes or local
ordinances hick may apply to the parties , or the subjectr o , this a .
j. Coop _ration. In the eventn iist tiv r legal proceeding i
instituted i i r party relating to the formation, execution, performance, or
breach oft is 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 relatedsubstance of this Agreement or provision of the
servicesunder this Agreement. The Countyn r specifically agree that
no party to this Agreement shall be requiredto enter into any arbitrationproceedings
related to this Agreementr any Attachmentr Addendum tot is Agreement.
. Books, Records, andDocuments.. The County and Property Owner
shall maintaindocuments directly pertinent to performance under
this Agreement in accordanceit lly accepted accountingprinciples
consistently li this Agreement or their authorized representatives
shall have reasonabletimely access to such records of each other party to this
Agreement for audit purposes during term of the Agreementfor four years
following the termination of this Agreement.
I. Covenant o o In The n r
covenant neither n l interest, n II not acquire anyinterest,
which of i in anymanner or degree withits performance under this
Agreement, and that only interest of each is to perform and receivebenefits cit
in this .
m. Code of Ethics. The Countythe officers
employees h ounty recognize and will be requiredl i s of
conduct I tin to public officers nemployees delineated in Section 112.313,
Florida Statutes, regarding, but not limited , solicitation or acceptance of gift, doing
businessit one's agency; unauthorized compensation; misuse of public position,
conflicting Ioy r contractual relationship; and disclosureor use of certain
information.
�..__ ..............
P�vpeny Owner Noise Insulation Agrea nt Page 1
n. No Solicitation/Ppyment. 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 otherMse recover, the full
amount of such fee, commi8sion, percentage, gift, or consideration.
o. 'Public Access. The County and Property Owner shall allow
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; andthe
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 Fl blic 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, lefters or other 'mpublic record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owrier. 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 aftomey's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the oontract.
The Pmperty Owner is encouraged to consult with its advison; about
Florida 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 to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of reeDrds, provide the
County Wth a copy of the requested records or allow the records to be Inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt frorn public records disclosure requirements are not disclosed except as
............... ......
Prop"Owmer Noise InMation Agmement Page IS of28
authorized by law for the duration of the contract term and fbilowing completion of the
contract if the Property Owner does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perform the service. If the
Pruperty 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 frum the
County's custodian of records, jr-i a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not possess tile
requested records, the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes,-to the Property Owner's duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
p. Non-Waiver of ImrnunjhL Notwithstanding the prDvisions of Sec.
768.28, Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deerned 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, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. L& a I and Responsib Intl es- Non-Dal Of
N Delegation
Constitutional or Sigigto M Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any other, participating entity, in which case the perfon-nance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Flodda constitution,
..................
Property Owner Noise Imulation Agreement Page 16 of 28
state statutes, case law, and, specifically, the provisions of Chapters163,
Florida Statutes.
s. Non-Reliance on- rtiperson-or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt t
enforce any third-party third-party claim r entitlement to or benefit of any service r program
contemplated hereunder, and the County and- PropertyOwner agree that neither the
Countynor Property Owner or any agent, officer, or employee of each shall have the
authority inform,.counsel, or otherwise indicate that an particular individual or group
of individuals, i t entities, have entitlementsr benefits under this Agreement
separate and apart, iryferior to, or superior to the communityin general or for the
purposes me I t in this Agreement.
t. Attestations, The PropertyOwner agrees to executesuch
documents s the Countyy reasonably requirein the performancethe obligations
and duties of the Countyr Property Owner under this Agreement.
u. NoaePersonqLLjgblrlty. No covenant or agreement containedherein
shall be deemed to be a covenantor agreement of any member, officer, agent or
employee County in his r her individual capacity, o member, officer,
agent r employee of Monroeo II be liable ll this Agreement or be
subjectto any personal liability r accountability by reason of the execution of this
Agreement.
ri. c i
v. Execution This i Counterparts.
any number of counterparts, c of which shall be regardedoriginal, all of which
taken together shall constitute one and the same instrument and any of theparties
hereto y execute this Agreement by signing such counterpart.
. Section Headlwis. Section headings have inserted in this
Agreement as a matter of conveniencef only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
_.... .._ .. ........ _..... .... ........ ....®..
Pwpeny Owner Noise lymiation Agmement Page 17 of 28
WHEREOF,IN WITNESS the PropertyCounty
executed this Agreement as of t i ,t above wriften.
-- ....................._ ........... _ ..... . __®
OWNER:
xignetre .. _
_ or
SVatur
nnr.C� arro A® f ". k-1
1 PdntW Nt�'o
nA
&-gnature
Date
t No
.......... mm_.......
WITNESSES: PROPERTY OWNER:
Signature
Signatu. 11-nted Name
1
Printed
Printed Name 1112
o
.- r I
Signature - '
�-
--
Printed Name ��, Rl
„. _-----._-- -------------_..--........
BOARD—
F COUNTY COMMISSIONERS:
Attest: MAYOR/CHAIRMAN:
a
.. I � ® CLERKLv
Date
ME COUNTY '.
�V ru
foPAA
_
_ _ .....- 7-TT d. __ ........
Property r NoiseInsulation Agreement 1 f 2
N "f N
Dft
r,
;f,
NoisePROGRAM POLICY STATEMENTS
Exhibit A
TO
Property Owner
"mini-
splif AC system to your condominiumf the NoiseInsulation
modifications, l 1 limitations i will apply to allcondominiums:
® All condensingi 11 be installed on the balcony
2. 11 refrigerant lines (running from the balcony1 It) will be installed
consistent with KWBTS Board policy1 , maintaining a maximum height of 48
inches.
3. 11 condensate lines will be installed it 1 r consistent with
policyBoard rules to ensure the highestlevel of consistencybuilding
architectural aesthetics.
® All interior AC lines t
Ventilator ( ill be housed In new vertical wall comeran' lwhich
1l1 t t qualityexisting walls. r and locations
of the now verticall1 and comer pilasters will differ depending on your unique
condominium 1an and number of bedrooms. The NIP executiveit ill
review1 information it t your NIP Designl tl
5. Only 1 rl 1 service panelsthat are determinedthe Program Manager to be
deficient will be replacedof the i Insulation
modifications.
asbestos,B. Window S11.1. Replacement. Due to the presence of the NIPill provide
new custom wood surround and sill instead i i
to this l 1 , existing customsills r° ill not be replaced.
This revisionwill be an improvement, while decreasingconstriction t improving
time i 1 1 .
requirementsQ Custom Crown Moldinq and Baseboards Restrictions
The new asbestos abatement ill restrict the abilityto remove existing
custom trim and baseboard prior to construction , which will not
allowlent time for the awarded general contractor to secure custom matched
replacement trim. Therefore, existing crown moldings, wall trim, , the
contractor will, instead, cut the existingtrim flush to the face of the new pilasterr
thru wall ac-Infill. At new pilaster locations and, If thm wallinfill abuts the existing
contractorbaseboards, the will install a standard (314" x 5-1M paintedtrim t
abut the existingtrim, rather than attemptingto matchthe existingt trim profiles
and materials. Aftert l of the 1 1 , the property owner will
oise 1hruladon Agreement Page 19 oft
have the option to replacethe installed tdm withother custom trim to match the existing
materials profiles.
D. r Threshold Heigh�. Due to stringent Florida huryicane impact and water
infiltration building codes, all new aluminum cou ti I prime entry swingingdoors
sliding glass patio doors will have thresholds that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds are designedt
videoptimum ion to the interior of a condominiumwater infiltration during
hurricane.
AsbestosE. KW13TS l
As required i requirements, THC conducted asbestos testing on all
participating ndo iniu s in Buildings A, B and C during the November 2017
to April 2018 time period. This testing included ll i 7 to 9 samples at each
condominium include gypsum board joint compound, win a glazing, 'and exterior
windowor caulking. In addition, random, exterior stucco sampleswere collected
on both the 'Walkway" "courtyard / balcony' building elevations.
Depending the laboratory an I i ssamples, the presences
containing materials (ACM) have thepotential to 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 "t u - all" AC units and the infilling of openings,
- ceiling cuts requiredr installation of the ductless AC,
II cuts required for the installation of the ductless AC,
construction of vertical all pilasters requiredr installation of the ductless
ducts,AC system & ERV
construction of closet soffit for Installation of th .
F. Asbestos Abatement Reguirements
In the event any samples show a presencef asbestos containing material (ACM), the
NIP contractor will be requiredto -perform the following abatement
requirements uri ion:
Ifs glee s c f e 1
The NIPcontractor will be requiredto comply with OSHA workera ui ent t
include worker respirators, poly curtains in all areas wherethe surfaces are disturbed
and the use of HEPA vacuum l in the areas where surfaceschipped, cut
and/or sanded.
_ _ibit - r NoiseInsulation t Page 20 of 28
If sarn j)l -@-D
esshowa resenceofACM >1%
The Ni0__c'_o__n_t_r_9a' ctor will be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency(EPA)to inch
oast of ACM containment barriers in all areas (walls, ceilings, closets,
windowslddors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
Abatement and bagging of ACIVI (resuffing from demolition process) by
certified asbestos abatement staff.
- it 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 pmcess 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 ofoontractor crews,
- Given the cost to provide required asbestos abaternent 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, arid liability to the contractor and KWBTS property owners. This plan
wIll result in now property owner requirements and design restrictions which
are outlined below.
H. KVVBTS BOARD Authority of.Design Decisions. The IKWBTS 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 Ductless "Mini-Split" AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
----------
Exhibit A-Pmpeny Owner Noise Awladon Agreement Page 21 of 28
LEGAL DESCRIPTION
Exhibit'121
To
Homeowner Noise Insulation Agreement
Condominium i 6 ,
condominium, together with an undivided interest in the common elements, according to
the Declaration I thereof, recorded in Official Records Book 589, Page
370, as amended from time l the Publicl
�._ ..... ..............._. _...
Exhibit B-Property Owner Noise Insulationt Page 22 of 2
PROGRAM IMPROVEMENTS
Exhibit
TO
Homeowner Noise Insulation
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 minimumof five (5) decibels.
pica) Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement luminum Acoustical Swinging Pdme Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
..... .......__ ........
F,Aibit C-JMoperty Owner Noise Insulation t Page 23 of 28
OwnerDEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Noise Insulation Agreement
1 In partial i ti of the tl n to be paidof the
County and the Program for # Improvements to the Property
Ownerdescdbed in the Agreement of even date herewith (the "Agreemenf) between the County
and Property and to whichthis f i is attached, # i r arid
behalf of the undersignedthe heirs, l representatives, successors, and
assigns of # i r releases, remises, i t , indernriffies
covenants not to , insthute claimsagainst, or institute iagainst, the
r any of its agents, officers, employees, r contractors
conceming any and all claims, dernands, i rr r causes of action
whatsoever i # f bodily injuries r death, darnage to the ,
and the thereof, arid any of the iwhich
undersignedrtheir respective heirs, personal representatives, successors andi i
connection with any andall Pro-Existing Defici I ( "Deficiencies") against sai
Countyor its I land/or contractors to be
legally llabl&
Owner uriderstands and assumes full responsibility lbr #
Deficiencies presti the whether visible t the Manager or unseen.
Owner3. The Property understands that the i include any
deficiencies preIn the Property at# time f execution of this icould
include, # not be limited t , code violations, structural damage, water / moisture
damage, hazardous materials, infestation r any issue that wouldnegatively impact
the installation and performance of the Program Improvements.
4. If visible, the Property Owner understands that # r may
identify ment -Deficiencies at any time throughout the r
(including des bid and construction . if identified ndocumented, the
r r ill classify Deficiencies either°� ire ��
Property5. The r assumes full responsibility for # r rrlr f any
documented Minor ii l .
m In the rare event Deficienciesidentified ' # in
process, the Property Owner agrees to complete necessary repairs to the Property, to
the # f the r, as a preconditionto the # of
constructionf the Pirogram Improvements. In the e t that Deficiencies
are uncoveredthe try i n period, the Property Owner agrees to complete
..__
ibit D-Prop"Oymer NoiseInniation Agmement Page 2
repair'snecessary , to the acceptanceof the Program Managert
minimize l r stoppages of work.
. The undersigned c I that all of the releaseI
harmless n indemnity vision in Paragraph 1 of this Iapply to
damage,property injuries, , or damages arising h Deficiencies for all
negative impacts that later result after the additionof the Program Improvements.
provisions is Exhibit Q shall survive the terminationr expiration
Owner Noise Insulation Agreeme
8. The undersigned that the terms and provisionsi
II be bindingupon, and inure o the benefit of thei h it respective
'R61rs, personal representatives, successors and assigns.
I A PROPERTY OWNER:
SI nature
� . Printedr'
Signature r%
A, �u
Date
Printed Name
._................................................�......� ..............,.,., .....................�__®_...._. ...............................................E
_._.a.�._.a.�._____ _............................._ ..._. _..__.._ .......................o... __ ....... ................ -----._...._ .._...,...
ITNSESe PROPERTY OWNER:
Signature
Signature
doName
Printed
Signature
Prin a
---------------------------------
WITNESSES:
Signature
Signaturevv� ...........,.�..........
E
Printed Name
.
Prin e _ _
Signature
Date
Printed Name
Exhibit -Property Owner Noise Inndation Agreement Page 25 of2
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement') between the County
and Property Owner and to which this Exhib&E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indernnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assI gns In connection Wth any and all Ventflaon Deficiencies (the "Deficiencies") against
said County or any of Its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of uthrough-walln portable air conditioner units
and the addition of a replacement ductless "mini-spilir air conditioning system. Because
these modifications will result in a tignter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occunlng 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 / outside air to the condominium as
requI red 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 Will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moIt ure generation in the interior envilronment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed With a small wall vent that was designed to allow the passive exhaust of
----—--- .......................
&hibit E-P�vperfy Owner Noise Inmiation Agmwent Page 26 of 28
bathroomi f in a central building exhaust shaft. Duringthe Program design
survey process if was discovered the iiinnsolid central building
exhaustthis i firm condition,, these odginal wall vex stillpresent)
have the mnfi i to ide a pathway fbr unwanted wry r gases Into
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing m i l wall vents in all bathrooms andr any andall negative Impacts that
may ulif ff left untreated.
5. It is ciearty a buildingviolation to uct laundry r exhaust to the
KWBTS central exhaust , In f of a Property Owner has incorrectly
their laundry r vent to the n t i building exhaust shafts, they t
correct this fi iproperty firm, their laundry dryer exhaust in an
alternative method that meets current building code, of their cost beforethe initiation of
the nnf time process. Furthermore, the Property Owner agreesto mn
any and all liability to the in f their laundry dryer exhaust.
6. The Propertyr understands that the Improvements wiii not
address kitchen nn bathroom ntfl fin and/or i interior humidity levels
generatedthe r within the innf nr of the nn minnimm. The
Owner understands and assurnes full responsU[Ity for rnaMtenance of interior moisture
and mi veil. The Property Owner agrees to full responsibility for any
occurrence, reoccurrence r worsening of moisture problem6 and/or interior humidity
levels In the . In addition, the rf r agrees to full
responsibility r the maintenance an inn of the Iventing i m i rm r
oompletion f the mom Improvements.
m The undersignedi nnd agree that all of the release, ibi
harm[harm[ess and indemMy provisionsf forth in Paragraph 1 of this Exhibiti to
injudes, deaths, r damages sustainedin connection withr as a result of any and all
interior ventilation fi i ri irmafter the ifi f the nr of
including, but not limited to, high humidity, mold, mfl ,an for lack of proper exhaust
ventilation. The provisionsf this h_f f shall survive the termination r expiration of
the r Noise Insulation Agr m t.
8. The undersigned hereby agreethat the terms and provisionsf this
Exhibit E shall be binding Mure to the nn fit of the i n their
respective heirs, personal representatives, successors and assigns.
.. ._ _m .......
NE,
PROPERTY OWNER:
Ina 7 Q7 v,
Pri
nM me f ' fe
-
Printed MUR4
Signature
14'.>k Date
P-d I e min
�..
Exhibit E-Property Gvmer Noise Insulation Agreement Page 27 of 28
...... ......... ------
WITNESSES: PROPERTY OWNER:
IT
Signature — _._.
Printed Name
Printed am
Signature
Date
Printed Name
.. ........ _. ............ .......
_
_... IT PE OWNER:
SI ntu
Signature
Printed Name
Printed Name
I nature
Date
Printed Name _m
_ _ ................ ----------- ......._.._ ........._. .._..
Fahibit E-Property Owner Noise Imndationof`2