09/18/2019 Agreement/Easement-C124 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
Prepared Bv and Return To:
NIP Assistantj n r };Z ro 11.08 AM Pap 1 of 4
THC, Inc.
710 DaculaIte 4A#315
Dacula, GA 30019Filed
AVIGATION EASEMENT
Key West International Airport
NoiseInsulation
EASEMENTTHIS AGREEMENT is enteredinto thisL- 7�day of � � m,u
I ", hereinafter referred to "# r," i
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic
and corporate, hereinafter referred to a ."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain alp ("theProperty")
located in Monroe County, Florida, more particularlydescribed follows:
Condominium Unit No. 14- , 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 Ofricial Records Book 5 , Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified s street : "2601 S. RooseveltI i 1 "
B. The BOCC is the owner and operatorof Key WestInternational Airport("the Airport")and
desireso make properties that, through interior noise exposure testing, determined
incompatible ult of their exposure 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 o
improvements and modifications to the Property Owner's Property necessary to reduce
interior noise levels t least 5 dB and to bring the average interior noise level below
dB in accordance with Federal Aviation Administration policy. Grantingof an Avigation
Easement(" s t") is a BOCC condition of participation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the C may have obtained
under applicable laws.
D. The funding source for said NIP will include funding the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, actingin its capacity s the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Key West Intemagonal Airport NIP—Avigatlon Easement(unit#&24) Page 7 of
Owner Noise Insulation ith the BOCC. The BOCC's implementation of the
NIP will benefit the Property Ownern the Propertyproviding i remedial sound
attenuation consion on all eligible residential structures on the property necessary
to achieve a reu i in DNL indoor noise levels f at least 5 dB and bringthe average
interior noise level below in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIPli i ili l change i some future
time, but is currently based on the 2013Existing Condition of
accepted bythe Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIPill be administeredin accordance withcurrent FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of thisEasement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in considerationimprovements to be made to the Subject
Property through the NIP,the receipt andwhich is hereby acknowledgedby both
parties, in consideration and incorporation into this vi i nt of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalff the Property Owner and its heirs, sins and all
successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successorsnassigns, perpetual avigation easementover the property. The use
of the Easement shall include the right to generate and emit noise cause other
effects as may e associated with the operationi y r or in the vicinity the
property. This Easement shall apply to all such aircraft activityt the Airport, present or
future, in whatever form or type, duringr from the Airport, and it being
the intent of the partiest all such Airport activityshall be deemed to be included
within the purviewi .
2. This Easement shall be perpetual in nature shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest owner and
operator of the Airport.
. The Property Owner on behalf of the Property Owner, its heirs, assigns
in interest,does hereby releasethe BOCC, and any andII related partiesthe BOCC,
including ut not limited to BOCC members, officers, managers, agents, servants,
employeeslessees, from any and all claims, demands, damages, debts, liabilities,
costs, r causes of action of eevery kind or nature for which
Owner or its heirs, assigns, or successors currently v , have in theo ss ,
r will in the futures, as a resultAirport p i r aircraft activities
noise levels l or generated by Airport activity, or may hereafter have as a result
of use of this Easement, including not limited to the above-mentioned
property or contiguous property due to noise, and other effects of the operation of the
Airportor of aircraft landing r taking off at the Airport.
Key
t Intemadonal Airport NIP—Avf ation Easement(Unk#C124) — Page 2 of
. This Easement expresslyexcludes e r and to the
Property Owner's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for
physical or personal injury caused ny aircraft or part of any aircraftusing
the Easement that does identifiable physi I damage to the property or injury to a person
on the property by cominginto direct physical contact withthe property or the person
the
5. Should either party hereto or any of their successors r assigns in interest in
counsel to enforce anythe provisionsherein t protect its interest in any matter
arising under this Agreement,or to recover damages by reason of any alleged
any provision of this Agreement, the prevailingshall be entitledall costs,
damages and expenses incurred including, but not limited o, attorneys fees and costs
incurred in connection therewith, including II to action.
vision of this Agreement is to be interpreted for or against any party because that
party or t legal representative drafted such provision. This Agreement shall be
interpreted andt c i to the laws of the State of Florida.
., No breachof any provision oft is Agreement may be waived unlessin writing. Waiver of
breachany one n provision this Agreement shall not be deemed to be a waiver
of any other breach the same or any other provision of this Agreement. This Agreement
may be amended only by writteninstrument executedthe parties in interest at the
time the modification. In the event that any one or more covenant, condition r
provision contained herein is heldinvalid, i t illegal by any court of competent
jurisdiction, the same shall be deemedseverable remainder this Agreement
and shall in no way affect, impair or invalidate any ot r provision hereof so long as the
remaining rviin not materially alter the rights li lions of the parties. if
such condition, covenant or other provision shall be deemed invalid u to this scope or
such covenant, condition or other provision shall be deemed valid to the
f the scope or breadth permittedI .
8. In theevent the AirportII be subdivided into more than one parcel, or the Airportr
portion thereof subject to operation, management or administration
in additionr in lieu of the BOCC, then and in that event the parties agree that same
shall not terminate or otherwise this o Ionport!o o f Airport
continuestoo t r n i flight o t o such successor
in interest to the BOCC shall be entitledto all of the benefitsi o the BOCC
hereunder.
. The Property Owner agrees that Property Owner shall bear and be responsibler
II costs of maintaining andtin un attenuation tri is and equipment
installed in the Property by or on behalf of the BOdC.
Key West International I NIP—Avlgatlon Eas (unit 12 ) Page 3 of 4
This Easement Agreement is executed as of the date first i .
PROPERTY OWNER: PROPERTY OWNER:
Signatu Signature
f' r
Printed Name
,
PrintedDate, Date
i
STATE OF
COUNTY
OF
uvu .... ,
!
The foregoing instrument was acknowliledgedor this
PRO
by
' Property Owner Name(s) Expkrs0{ir111?
+ i �
t P (
My Commission E",�F t 2 2
,�A, ary Public Signature
12021
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MONROE COUNTY BOARD F COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
i naii4
Printed Name � � � � +
Pdni� Arne
V m.
Signature
` ~•'
Dale,w
Printeds
r 3- CLEW
I 'STATE OF FL
COUNTY F MONROE
The foregoing instrument was acknovAedged before me this day _ 20
Yas
I
Mayor of the MonroeCounty County Commissioners, a body politic and corporate.
_. My Commission Expires:
o Public Ina _
y _....
,DNROE COUf7l ATTORNEY
Key West Intemational Airport NIP—Avigation Easement(Unit#C124)
ae 4 of 4
® r e t
Kq�_Wqst by,the Sea
Name ): Mor—orante
PROPERTY OWNER NOISE INSULATION AGREEMENT
Y WEST INTERNATIONAL T,
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 "PropsOwner").
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 _1 _ ___ attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the " i ort"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the • 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 oise Insulation Program (the "Pro ") 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 Q attached
hereto (the "Program Improvements"); said Program Improvements to 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 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;
THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
__. _......................._.... ....- _..
Owner Noise Insulation Agreement Page I of 28
sufficiency hich are herebyc I , the Property Owner and the County
agreehereby as follows:
1. Grant of Easement. Simultaneously with the executionthis
Agreement, the Property Owner executed andlive to the County an avigatlon
ease (the "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force andand i
hereby ratified in all respects.
. Pp gram olio Statements. Consistent with the Program and/or
Federal Aviation ministrationAirport Improvement olici s and ,
the Program Manager has developedseries Policy tooutlining
construction and eligibility restrictions. The Propertyner understands that-
prescribed Improvements will be consistent with the Program Policy
Statements provided to the Owner by the Program Manager. A copy of the
Program Policy t is attached hereto as Exhibit A.
. Payment of Prog W .IpMvements. TheCounty agrees to pay for
the Program Improvements described in Exhibitattached t . The Program
Improvements will be approvedthe a ner and County, n the
Program Manager, and performed by the Contractor.
4. Impeding, fflive BidProcess. The PropertyOwner shall not
impede r interfere it the Contractor's ability to selecta vproduct
manufacturerssubcontractors in the preparationf bid submittals. To insure a
competitive i vi ent, the Property Owner is prohibited from havingany
discussion r communication withthe Contractor in relationto the Program, the
contractor's i , 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
f the County in its sole discretion, result in disqualification
cancellation of this Agreement.
. Construction o . The County II award the contractr the
Program Improvements consis it I and Countycompetitive bidding policies
and procedures. The contract ill require the Contractor to completethe Program
Improvements withi time period fined by the Program Manager.
6. - & Post-Construction Responsibilities. The. Property Owner shall
meet all responsibilities and requirementspertaining to both - t ion and -
t ion:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, iguns,
antiques, heirlooms, etc.)from their condominium;
Movingall u itu belongings i the "Designated
Storage Space Area"( )within the condominium, providing the required "clear arean (white
........ ...... ®.....
er Noise Insulation Agreement Page 2 of 28
space in sketch) for the Contractor. When doing so, the Propertyr will have the
ability to utilize the complete ' oor to calling" space.
( ) Removing of all excessive furnitureand belongings from the
condominium t will not fit in t "Designated t c ";
( ) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated
Area";
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withprotective poly before storing them in the "Designated
Storage Space Area";
( ) Removing all wall hangings (such as mirrors, pictures, in
shelves, etc.) and storingthem in t "Designated Sto a Space Area";
(7) Moving all small items and belongings into either the closets or
bathrooms outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture Ion ins stored in the
"Designated Storage Sp " back to their original positions in the condominium:
( ) Moving of any excessivefurniture and belongings back into
the condominium;
( ) Re-installation of aII wall treatments, door treatments an
II hangings backto their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above - of ion responsibilities, the Propertyr shall be removed from NIP
participation and the Property Owner shall be liable the Countyand/or Contractor for
any and all resulting damages and all direct and indirect I tthereto.
. In the event the Propertyr falls to perform any and all of the
abovet- s ion responsibilities, .the PropertyOwner shall be liable the
Countyand/or Contractor for any and all resulting damages and all direct and indirect
costs related thereto.
7. Impedina Construction. Once construction of the Program
Improvements ins, the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the a during the construction of the Program
Improvements impeding nt ion or altering construction schedules. In the
eventthe Property Owner or any tenant occupyingthe Property impedes n ru ion or
�.
PropeM r Noise Insulationnt Page 3 o
aIt ers the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any darnages and all direct and indirect costs related thereto.
B. Safe Working Environment. The Property Owner shall be responsible
for providing a safe worldng environment fort Program Manager, Contractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, the PrDperty Owner shall be responsible for:
(1) Providing a working environment that is free frorn potential
heaI "sks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
In and/or explosives;
(2) Refraining from verbal abuse or profanity-,
(3) Refraining from aggressive physical contact, and
(4) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner falls to rneet any of the foregoing
conditio-ns, the Program process may, at the Countys discretion, be t il
emporary
suspended at any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating the corrective action(s) and/or condition(s) required to be
completed or perfonned by the Property Owner prior to the County resurning the
Program process.
c. In ttie event the Program process is not resumed due to the
Property Ownees failure to complete the corrective action(s) and/or condition(s)
required by the Prcgram Manager, the Property Owner shall be liable to the County
and/or Contractor for any and all damages and all direct and indirect costs related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Progran,,i process.
9. Construction Delay . During the construction period, the Contractor
may experience unforeseen complications relating to the installation of the Program
Improvements. The construction contract shall provide that delays related to these
unfbreseen cornplications are beyond the control of the Contractor and shall be excused
so that the time fbr completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contract or if the Program
Improvements have to be re-bld in the event of lack of bidding contractors and/or failure
of the lowest responsive, responsible bidder to execute the contract, provide a payment
and performance bond or show proof of required insurance.
10. Ch@M,_qs to Scope of Work. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
........... .............
PwperV Owner Noise Insulation Agmement Page 4 of 28.
sole discretion, t 9ny time uric the r i such changes do not
reduce the scope or quality of the Program Improvements ri in Exhibit
changes.such it t the discoveryf hidden conditionsnot readily
detectable r l property inspection
11. m Upon completionf the Improvements,
the Programr shall inspect or cause the inspection the
improvements to determinethey I t d pursuant to the terms of the
contract. The Program Manager retains solediscretion n authority
conformance performance issues as they relate the Conti-actor, subcontractors,
suppliers d acoustic designs. The Property Owner is requestedto attend the
Substantial w ti n Inspection i input to the ConstructionManager It
respect to the identified punch-list items. In addition, the Owner is l t
aft end the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they I n r their ability t
provideinput to the t r with respect to the acceptancef the
Program Improvements. In the event there is a disagreement between the
Owner and the Program Manager as to a conformance or performance issue, the
Property Owner shall be requiredto submit the discrepancyin riti to Monroe County
(representative 1 ti nwithin f the
inspection i i dse to the discrepancy, ll then make a
determination ato the acGeptabilftyf t issue andany
remedial action that may to be taken. Monroe Countyshall be the I arbiter of
any coiif6rmancelperibrmance/issues. Failurethe Property Owner to submit the
written complaint within the tispecified shall thereafter foreclose the
Property right to file such I irt.
f . �.........Termination of Agreement. Timr understands that
the signing f this rat initiates bot the BIDI I w f
the Improvements to be performed in ith the Program.
Therefore, if the Propertyr attempts to terminate this t or otherwise
impedes the of the r of the r Improvements after the
f the constructioncontract, the Propeityr will be liable to the County for any and
II damages and all direct and indirect t thereby.
. Warranties. The County does not represent or warrant the level of
noise that the r will experience withinthe It
of the ProgramImprovements performed as part oft
a. The Countythat its contractwith the Contractor will include
standard one (t) year warranties from the Contractor fbr all materials and workmanship.
Such one-year warranty period shall commence as of the time f the acceptance of the
work as providedr in Paragraph .
h. At the f construction, the r Manager will provide the
OwnerPmperty with a Warranty & Final Closeout Package which will.contain copiesf
the warrantypolicies, product instructions, i n documents andlegal t w As
condition f receiving the t i I Closeout Package, the Property Owner
NoisePmpe�y Owner Imulation Agmemente 5 of 1
Est first submit a completedOwner Satisfaction Survey to the Program
Manager. After receivingthe Final C1 out Package, the Owner
understands that the warrantypolicies for products used in the construction of the
Program Improvements dffer among product manufacturers. In the t of claim, the
Property OWnerI 1 l responsible fbr pursuing allf product warrantyIssues
&'ectly with each product manufacturer.
c. In the nt of a claim, the Property Owner shall be solely
responsible for, and agrees to contactthe tr t r or product manufacturerdirectly t
coordinate ny required warranty serviceand to look I I to the l
contractor or the product manufacturer for fulfillment of all warranties andfor resolution
f all product or construction warranty i ( :
(1) The Property Owners rI is not directly related to either
construction warranties or product warranties (such as windowcleaning r product
maintenance) regardless tm t r the r°' Inquiry rl during the
one-
year warranty periodfrom the Contractor or thereafter;
Owner(2) The Property believes that warranty service i
required with respect to construction warranty issues, n the one-year warrarity period
from the gendral contractor h,as expired;
Owner(3) The Property bell bel[eves that service is required ith
respect to product warranty issues, the advertised warranty period for the product has
not expired, and the m rr is currently tl Its business,
The Property Owner believes th,at service is requiredwith
respect to productmet Issues, and the advertised period for the product
has Ir .
t I IrDeficiencies.ml Owner Ill required t
sign i (Deficiency I l Agreement) which will impute ll
responsibility liability to the Owner for any and all present Pre-EAsting
Deficiencies t the Pmperty, whother seen or unseen.
15. Pre-Work g _ nits. The Pmperty Owner will be required
to completeall Pre-Work, as requiredthe III to successfullyaccommodate
t
the NIPacoustic modifications. The all
designated Pre items utflizipgm:their m funds p theemedeadlinesm� .
established t I . In thermt ttm Owner t Its to complete the
designated Pre—Work Pre-Work Items the establishedIII deadline, the Property Owner shaH
be removed from NIPr l l tl the Property Owner shall be liable to the County
Contractor fbr any and all resulting damages and all direct and I is
related thereto.
W rty of,Key_ t I Smoke Alarmulrement. In
compliancewith the it f Key West Fire Marshall and the Cityf Key West Building
Department construction permit Irrsuance requirements, the Property Owner vAl be
requEred to Install t -volt " - Ired" smoke aWrms in their oondominium i
_....._ —......_....... _ .... ........................
Owner is 1 'o of 2
accordance Wth all applicable codes and regulations by the itdeadline as
established the I . The Property Owner will be responsibleto ensurethat the
alarmssmoke t installed in same areas withinthe condominium where NIP
i tion work will occur, to avoidt� t
mInt event the Owner fallst install�,,,, t lw t "hard-wired"
smoke alarms by the established I deadline, the Property Owner shall be removed
from NIP participation.
17 Suppension of _Program Process.
The Program process may be
temporarily p t any time n the designand/or construction
the discoveryf Deficiencies due to their potential impact the
Improvements and product warranties. m process will not resume until the
OwnerProperty has correctedII related problemsto the satisfactionf the
Manager. In the event repairsr t completed in a timely ri r, the Property
Owner will be liable to the unto for any and all damages and all direct and indirect
costs due to delayand/or stoppages ofth
18. Limitation on Alterations t t � ® l r
agrees t talterations, r t _permit any tenant occupying any portion f the
Property to makealterations the existing ire , r walls from the time f
the i until the n t i the r Improvements have been
completed. pti to this l t be in writing by the Program
Manager. Fallure to adhere to this it t may, at the option f the
Manager in its soleI tI r , result in an immediate suspensI n of the construction of
the the Property. The Property Owner will be liable to the
County for all direct t indirect t associated Wth unapproved alterations
damages related thereto.
. Pre t- tr ti iTesting Process. Pre- & post-
construction noise testing is important Program process that is designedt
measurs and determine the actual achieved noiselevel reduction level ttreated
properties. If i the Program Manager for pre- & post-oonstruction noise
testing, the Property Owner agrees t .provide to their property for testing and
agrees to not to makeIt ti s to the interior f their the tf
repairs of from the time f the pre-construction noi test to the post�
constructionn.noise test. In an effbrt to insure consistent noise data collection, the
Property Owner also to preserve the interior layout of furniture, r coverings
windowand treatments from the time f tpre-construction I test to the post-
construction noise test. The Property OwnerndersWnds that the ll t t
this r irement may result in corruptionf the noise testing ta. Therefbre, the
Property r understands they liable to the Countyr any directn indirect
noisetesting is In the t these requirementst met.
20. C000eration. As reasonablyrequested, the Propertyr shall
cooperate with the Contractor, the r and Monroe Courdy in the
performance of all phases of the Program Improvements including, buf not limited t ,
the removal and reinstallationf rugs, wall hangings and furniture
._.............
Property Owner Noise Insuladon Agmement Page 7
. wUtilities. 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
water necessary o carry out the Program Improvements.
22. sign and BidProcess Access. At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP. email and/or lefter), the
Propertyner agrees to provide to the Manager, Contractor, subcontractors,
suppliers, i ounState and federal inspectors and consultantss to the
Property to collect and develop all final design and bidoc e . These visits could
include, but not be limited t , property survey, design survey, hazardous material
inspection, -noise testing i visit. In the event the Property Owner falls to
provideaccess to the Property for all required NIPsin and BidProcess visits, the
Property Owner shall be removedI rtici tio .
3. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight ( ) hours prior to the scheduled start of NIP
construction. This short visit will provide the Program Manager with the ability to ensure
that the Property Owner has met all furniture storage responsibilities. Failure could
result in the suspension of the scheduled I construction and the Property Owner shall
be liable to the Countyand/or Contractor for any and all resulting damages and all direct
and indirect late thereto.
24. Pre and Post Construction Access. t scheduled times and/or
upon not less than twenty-four O hours advance notice (via NIP email andlor letter)
d per the established NIPconstruction schedule ssi n nt, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, lie it ,
County, State and federal inspectors and consultantsaccess to the Property to provide
II required NIP - on ion and Post-Construction visits. These visits could
include, not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, o t ion inspections and post-
construction noise testing. In the event the Property Owner falls to provides for all
required I nd Post Construction visits, the Owner shall be removed
from NIP participationthe Property Owner shall be liable to the Countyand/or
Contractor for any and all resulting damages and all direct andindirect trelated
thereto.
25. Construction Period Access. Upon award of NIPconstruction
contract, Contractor will provide the Program Manager with their final construction
schedule, is ill include the required number of calendar days to complete the NIP
construction in eachf the participating condominiums. se this schedule, the
ManagerProgram will assign c n r with a designated number o
calendar'
I r. days in which construction will occur in their condominium. The Property
Owner agrees to relocatefrom their condominium for the entire assigned i s period. I
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period due to safety concems andthe potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assigned construction time period, 'the Propertyr shall be removed from NIP
_e v ........... _._ ..
Property Owner Noise Insulation a of 28
participation and the Property Owner shall be liable the County and/or Contructor for
any and all resulting damages and all direct and indirect t related thereto.
26. Construction Period Extension Due to Hurricanes. Since the NIP
construction period will extend into the Key West hurTIcaneseason, there is potential for
construction delays and/or stoppages, beyond the control of theContractor, in the event
f a threat of an approaching hurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur In addition to their
originally assigned construction time period, without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocatetheir
condominium r all additional calendar sulting from NIP construction work
stoppages dueto a hurricanethreat or event at no cost to the County, Contractorand/or
Program Manager. In the event the a ner fails to provide the required
additional access to their condominium due to hunicane-relateds, the
Property Owner shall be removedI ici ti the Property Owner shall
be liable the County and/or Contractor for any and all resulting damages and all direct
and indirect s related thereto.
27. isc v r ° o isti c"iDeficienciesDuring I the
event t Contractor discovers pre-existingdeficiencies the Property duringI
construction process that negativelyimpact the installation of the NIP improvements,
the Property Owner agrees to immediately repait and remediate such deficiencies in an
effort to reduce any negative impact the l ion period. The Property
Owner understands that, depending on the timing the pre-existing icicrepair,
the NIP construction period may need to be extended, t no fault of the Program
Manager or Contractor.
. Impact f Unforeseen KWBTS Building, Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditionsthat
may arise during this NIPconstruction may have the potential to increase the original
scheduled ti of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to planr the "worst-case" of ili that the
odginally-scheduled construction completion date may be delayedadditional days
due to unforeseen it iconditions that may arise and complicatethe I
construction.
29. Ex1sQng_,_WIndow1 Door Treatments, Shadesn lin . The
Property Owner understands that, after the Installation of new NI tic window
doors, the existing 'n and/or door treatments, s and blinds may not be
compatible nor able t re-installed due to sizei n s between the newan
existing i doors.
iti Crown Molding. During the installation of the now
acoustic windows and doors, the NIPill be providingn "stand replacement
interior trim and sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown moldingand/or custom window
and door trim. After the completion of the NIP modifications, the PropertyOwner will
have the ability to make modificationsto the NIPintedortrim at their own expense.
31. Communication Regurrements. The Property Owner agrees to
read and review all NIP emalls and/or letters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
falls to meet this requirement, it could result in removal from NIP participation.
32. Title Examination. The Program Manager has obtained or will
obtain, at Its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens and/or title defects.
.33. Qopperation in Clearing Title. tart the commencement of
construction of the Program Improvements, the Property Owner shall cooperate Wth the
County in order to (1) correct any title defbcts 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 "Title
Matters"). If, prior to the commencement of construction 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 void, and the Easement
shall be terminated,
34. Federal Assurance. As required - by the Federal Aviation
Administration, the Prop" 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.
h® After fina I 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 will be
required to sign Exhibit, IS (Ventilation Hold Harmless Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity level&
36. Salvage of Materials & Eguipment, If the Property Owner desires
to retain any of the material or equipment removed from the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the Property Owner's sole risk
and expense. The County assumes no responsibility fbr the condition of the material,
equipment or surrounding surfaces as 'a result of the owner-requested salvage. The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those items to be salvaged. In the absence
Property Oymer Noise Inniation Agreement Page 10 of 28
of such a writtenagreement, all items shall become the property of the Contractor.
Materials ui t not listed for salvage by the Property Owner shall become the
property of the Contractor.
Property37. Insurance. During Programion period, the
Contractor will provide builder's risk insurance r the Property. r
shall have the option, t the Property Owner's sole oostn ns , to maintain
homeowner's insurance olic for the durationof the construction of the Program
Improvements. h r understands that, following final completion, the
Contractor's it e risk insurance Will cease, and it is advisabler the Property
Owner to obtain insurance to cover any value 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 Property Owner also understands that
the construction may involve substantial inconvenience and coul t significant
quantities f dust anddebris ri portions of the Property uninhabitabler
extended periods f time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County and its officers, employees, agents, sl n n
suppliers it o issues relatingto the conformancef labor, materials
acoustic designs utilizedIn theImprovements. otin in this paragraph shall
limit the warranties for materials and workmanshipi in the with the
general contractor.
40. Sale o _. In the event the Property Owner sells, convoys or
otherwise etitle to the Property before the completionof all phases of the
process,Program the Property Owner hereby agrees to providethe buyer with a copy
of this Agreement prior to the closing the sale, conveyance r other transfer, t
transfer Il of the Property Owner'sresponsibilities obligations under this
Agreement to the r as a conditionu vice or other transfer of
the Property.
. Waiver. No waiver of, acquiescence i , or consent to any breachf
term,any covenant or condition hereof shall be construeds, or constitute, a waiver ,
acquiescence in, or consent to any other, further or succeeding breach of the same or
any other term, v t or condition hereof.
ReleaseIn the event that this Agreement i
cancelled or the Countyins t should be released of record,
the Property Owner, upon writtenthe County, shall pay to the County
sum of One Hundred Dollars ( 1 ) to cover the of the preparation
recordingf t6e Releasedocument in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility insure such payment is made in order t " clear~ the title to the Property.
_....._ - . . -.. _.. ..... . n
er o e lt' a Page 11 of 28
. ,Authority to Execute On BehalfGo u ty. By Resolution No. 111-
2004, my motioned and passedt a lawfully lic meeting, the o
County Commissioners of Monroe ! , on the 1 th day of March 2004, grantfull
authority for the County Administrator to executethis Agreement on behalf . the
County it further action by the Board of CountyCommissioners.
44. Attachments. Attachments to this t include the following,
which are incorporated into this reement by reference.
a. Exhibit Policy t to nt .
b. Exhibit B: Legal Description of Property
c. Exhibit Improvements.
d. Exhibit D: Dfici ny Hold Harmless Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
General45. Conditions.
a. Governinq Law, Venue, It tiqR stqLAnffees.
(1) This Agreement shall be governed by and construed in
accordance with the Laws of the State of Floridaapplicable to contracts e and to be
performed entirelyin the State.
( ) In the event that anys ion or administrative
proceedingis instituted r the enforcement or interpretation -of this Agreement, the
County r agree that venue will lie in the appropdatecourt or before
the appropriateadministrative body in Monroe County, Florida.
( ) The Countyn r agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any o
them, thd issue shall be submittedto mediationprior to the institution of anyother
administrative or legal proceeding.
( ) The County and Propertyr agree that in the event
cause of ion or administrative proceedingis initiated r defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailingII
be entitled reasonable attorneys' e , court costs, investigative, and out-of-pocket
expenses, n award againstnon-prevailingMediation proceedings
initiated n conducted t this shall be. in accordance with
Floridal of Civil Procedure and usual and customaryc i the
circuit court of Monroe County.
b. Binding Effect. The terms, covenants, conditions, and provisions of
this a t shall bind and inure to the benefit of the Countyn p r
and it respective legal representatives, successors, and assigns.
._.. _ ........... ® ..
Peopeny Owner Noise Inm1aaone 12 of 28
c. v illt . If anyterm, covenant, condition or provision of this
Agreement ( r the application thereof to any circumstance r person) shall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, v ns, conditions and provisionsthis Agreement shall not be affected
thereby; and c remainingt covenant, condition vision of this Agreement
shall be valid h II be enforceableh fullest nt permitted by law unless the
enforcement of the remainingv itions and provisionsof this
Agreement would prevent the accomplishmentthe original intent of this Agreement.
d. Authority. Eachto the other that the
execution, delivery and performance of this Agreement have n duly authorized by all
necessary oun r action, as may be required1 .
e. Duration o . This Agreement shall commence upon the
execution this Agreement, subsequent to execution by the Owner and by
the CountyII remain in effect for a periodl ui to effect the
Improvements (t "), except as may be sooner terminated i
accordance with the provisions of this .
Acceptancef. o _ i s. _ nts, i Funds, r -questThe
County r agree that each shall be, and is, empowered to accept for
the fit of anyr all of them, gifts, i funds, or bequests to be used
for the purposes of this Agreement.
g. Claims for Federal or State Aid. The CountyOwner
agree that each shall be, and i , empowered to apply for, seek, and obtainfederal and
state funs to further the purposethis t; provided that all applications,
requests, grant proposals, and funding lici i r shall be
approvedn prior to submission.
. Adiudication of Disputesor Disagreements. The County
OwnerProperty agree that all disputes i t l! be attempted to be
resolved by meetr sessions between representatives of eachthe parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right relief r remedy as may be providedi
Agreement or by Floridalaw.
!, Nondiscrimination. The Countyn rtOwner agree that
them will be no discrimination againstn it is expressly understood t
upon a determinationcourt of competentjurisdiction that discrimination
occurred, this nt automatically terminatesit y further action on the part
of any party, effective the date of the court order. The Countyn n r
complyagree to i all Federal and Floridastatutes, II local ordinances,
applicable, relating nondiscrimination. These include u not limited : (1) Title
I of the Civil Rights Act of 1 ( . ) which prohibits discrimination
basisf race, color or national origin; ( ) Section 504 of the Rehabilitationf 1973,
as amended ( 0U.S.C. s. ), which prohibits discrimination on the basis f handicap;
( ) The Age Discrimination1975, as amended ( 1 1- 1 ), which
.............. ----
Property ®®
Owner Noise Insuladon Agrement Page 13 of2
prohibits discrimination on the basis of age, ( ) The Drug Abuse OfficeTreatment
Act of 1 (P. - ), as amended, relatingnondiscrim Mation on the basis
drug abuse, ( ) The ComprehensiveAlcohol Abuse AndI h li v i ,
Treatment and Rehabilitationof 1970 .L. 1- 1 ), relating t
nondiscrimination i o alcohol u r alcoholism; ( ) The Public Health
Service1912. s . 523 and 527, ( 0 and 290 ee-3), as amended,
relating confidentiality of aI l and drug abuse patient records, ( ) The Americans
With i ilitis Act of 1 ( U.S.C. s. 1201 Note), as may be amended from time
time, relating nondiscrimination on the basis of disability; ( ) The Florida Civil Rights
Act of 1992, (Chapter lorida Statutes, and Section 509.092, Florlda Statutes), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monroe
HumanCounty i h inn (Chapter 1314, Articleill Sections 1 1 1 through
1 -13 ), as may be amendedtime to time, relating o nondiscrimination; and (1 )
any other nond iscri i nation provisions in any federal or state statutes or local
ordinances which may applyto the parties t , or the subjectmatter of, this Agreement.
j. CooRe
„ in. In the event any administrativer legal proceeding i
instituted against either party relatingo the lbrmation, execution, performance, or
breachthis Agreement, the Countyr agree to participate, to the
extent required the other party, in all proceedings, hearings, s, meetings,
and other activities relatedsubs subitance of this Agreement or provision of the
services under this Agreement. The Countyand Property Owner specifically t
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement or any Attachmentr Addendum to this t.
k. ooks, Records, and Documents. The County and Property Owner
shall maintain books, records, and documentsdirectly i o performance under
this Agreement in accordance withgenerally t ing principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonabletimely to suchother party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the termination of this n .
I. Covenant of No Interest., The Countyn r
covenantthat neither presently has anyinterest, and shall not acquire any interest,
which would conflictin any manner or degree withits performance under this
Agreement, and t only interest of each is to perform and receive benefits as recited
in this t.
m. Code of Ethics. The County agrees that the officers
employees of the County recognizeill be requiredl it the standards of
conductI tinpublic officers and employeesdelineated in Section 112.313,
Floridatutes, regarding, but not limited olii i t acceptance of gifts; in
business with , unauthorized compen do misuse of publicosi i ,
conflicting employment or contractual relationship; and disc!osure or use of certain
information.
__. _——------- ...........
Owner Noisernmladon Agreement Page 14 of 2
n. No olicit t( Pnt. The County and Property Owner warrant
that, in respect to itself, it has neither empioyed nor retained any company or person,
other than a bona fide employee i of ly for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation', Individual,
r firm, other than a bona fide employee i 1 l r i , any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breachr violation this provision, the Property
Owner agrees that the CountyII have the right to terminate thisAgreement iou
liability , it its discretion, to offset from monies , or otherwise recover, the full
aunt 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, , letters,- r other
materials subject to the provisions of Chapter 119, Florida Statutes, r
received by the County and Property Owner in conjunction With this Agreement;
County shall have the right to unilaterally I this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. r must
complyit Florida lic records laws, including but not limited to Chapter 119, Florida
Statutes ion 24 of article I of the Constitutionloci . The County
Property Owner shall allow and pennit reasonable access , and inspection o , all
documents, records, papers, letters or other "public record" materials in its possession
or under its control subject to the provisionsof Chapter 119, Floridatutand made
r received by the Countyr in conjunction with this contract
relatedto contractu II have the right to unilaterally I
this contract upon violation this provision by the Property Owner. Failure of the
OwnerProperty to abideh terms this provision shall be deemed a material
breachthis contract and the Countymay enforce the terms of this vision in the
form of a court proceedingshall, as a prevailingentitled reimbursement
f all attorney's fees and costsattorney' s ci t ith that t c in . This provision shall
survive y tennination or expiration of the contract.
The Property Owner is encouragedto consultit its advisorsout
Floridalic Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditionsthis
contract, r is requiredt :
(1) Keep and maintainpublic records that would be required by the
County to perform the service.
( ) Upon receiptoun t i of records, provide the
County with a copy of thes r allow the records to be inspected or
copiedi i reasonable time t a cost that does not exceed the cost providedin this
chapter or as otherwise vi 1 .
( ) Ensure that public records that are exempt or confidential and
exempt from public records disclosurei not disclosed
11_____—-----_______
e er Noise Insulatione e 15 oft
authodzed .bylaw for the durationof the contract term andfollowing completion of the
contractif the r does not transfer the records to the .
( ) Upon completionthe contract, transfer, at no cost, to the
CountyII public records in possession of the Property Owner or keep andmaintain
publiccwould be required by the County -to perforrnthe service. If the
Property Owner transfers all public records to the Countyo I ti the
contract, the Property Owner shall destroy any duplicatepublic records that are exempt
r confidential and exempt from publicdisclosure ui t . If the Property
Owner keeps and maintains public records upon completion of the contract, the
Propertyn r shall meet all applicable requirementsr retaining public records. All
storedrecords l icallprovided o the County, upon request from the
oun custodian in a format that is compatible with the information
technology systemsthe County.
( inspect or copy public records relating to a County
contract must be made directly to the County, but if the Countynot possess
requesteds, the Countyshall immediately notify the Property Owner of the
request, and the Property Owner must providethe to the Countyr allow the
records to be inspected or copied ithi reasonable time.
If the Property Owner has questions regarding the application
Chapter 119, Floridatut , to the Property Owner's duty to providepublic records
relating this contract, contact the o f Public Records, BrianBradley t ( )
.
p. Non-Waiver Immuni it n i visions of Sec.
, Florida Statutes, the participationh ounOwner in this
Agreement and the acquisition of any commercial liability insurance vself-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity y the to the extent of liability ve , nor shall
any contract entered into by theCounty i to contain n provision for waiver.
q. Privilege and Immunities. II of the privilegesimmunities
liability; tin laws, ordinances, n rules, n irelief, i ili ,
compensation, r benefits which apply to the activityof officers, t ,
volunteers, or employees of the County, when performing their respective functions
under this Agreement Withinterritorial limits of the CountyII apply to the same
degree and extent to the n of such functions and duties of such officers,
volunteers, or employees outsidethe territorial limits of the County.
r. Legal Qbrigations n _ i iliti eNon-Delegatio
Constitutional or _Statuto Duties. This Agreement is not intended to, nor shall it be
construed relieving any participating entityobligation r responsibility
imposed upon the entity by law exceptthe extent of actual and timely
thereoft r participating entity, in which case the performancebe offered
in satisfaction of the obligation r responsibility. Further, this Agreement is not intended
t , nor shall it be construedauthorizing the delegationof the constitutional or
statutory dutiesthe County, except to the extentFloridaiio ,
....... ________________________ --____` _ ....,
Peopeny ner Nome InnIation Agmement16of 2
state statutes, law, and, specifically, the provisions125 and 163,
Floridatut .
s. Non-Reliance , No person or entity shall be entitled
to rely uponthe terms, or any of them, of thisr attempt to
third-partyenforce any l i r entitlement to or benefit of any servicer program
contemplated hereunder, and the Countyn r agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
tr!ty to inform, counsel, or othervAse indicate that any particular individual r group
of individuals, ni r entities, haveentitlements r benefits under this Agreement
apart,separate and inferior to, r superior to the community in general or for the
purposesI t in this Agreement.
t. Aftestations. The Property Owner agrees to execute such
documents as the Countyreasonably require in the performancethe obligations
and dutiest Property Owner under this Agreement.
o ! Li ili covenant r agreement containedherein
shall be deemed to be a covenant or agreement of any member, officer, r
employeeun in hisor her individual capacity, and no member, officer,
agent r employee of Monroe Countyshall be liable n Ily on this Agreement or be
subject any personal liability or accountability by reasonexecution of this
Agreement.
v. Execution i!1,jq9unJ:qrI2artq. Thist may be executedi
any number of counterparts, each of whichshall be regarded as an original, all of which
taken together !I constitute one and the same instrument andn of the parties
hereto may execute this Agreement by signing any such counterpart.
w. Section Heading . Section headingsv n inserted in this
matterAgreement as a of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation n provision of thist.
..�.. ....... �� � _ee _.. _........
Owner Noise Imuladon Agreanent17 of 28
IN WITNESS , the Property Owner and the County have
executed this Agreement as of the day and year first above written.
_ ....__._ o_...
WITNESSES: PROPERTY OWNER:
nl,W)r"'.�
a�
Date
R
" I
Printed e
I : PROPERTY OWNER:
�as
Slnare
Signature g �.
_ �,
Printed Name Z
Printed Name
yx? r
Signature
Name
/p to ID
1 __..... w.._mmm______. -.
Pdnted
BOARD OF COUNTY COMMISSIONERS:
..(Sea]) MAYOR 1 CHAIRMAN:
to eb Y�
i ! I . tL SLYV l
Deputy ClarkSignature
E E
t
� o�' y ATTORNEY
........_ . ._..................... _........
. .....
Property Owner Noise Insulation Agreement ^"
"� r4 age 18 of 28
3�
t
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air ..Conditioninw. • i II II I "mink
split" t r condominium as a part of the NoiseInsulation
modifications, t following limitations and resIll apply to alli i .
11 condensing unitsill be installed the balcony
2. All refrigerant lines i the balconyI It ill be installed
consistent with KWBTS Board policyrules, maintaining a maximumheight
inches.
3. All condensate lines ill be installed the.buildingt consistent
Board policy rules the highestlevel of consistencybuilding
architectural aesthetics.
4. All interior AC lines t condensate, electrical)
Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasters which
ill be constructedt the qualityf existing walls. The number and locations
of the i 1 wall and comer pilasters will differ dependingr unique
condominium l f bedrooms. The NIP executiveit ill
reviewi information wit r NIP Designi i .
5. Only electrical service panelst i the Program Manager to be
deficient Y411 be replacedthe NoiseInsulation
modifications.
WindowB. ill Replacement. Due to the presence of asbestos, the NIP 'I
new custom wood surround and ill instead of the existing
revisedto this I x existing customit ill not be replaced.
This revisionill be an improvement, while decreasingconstriction t improving
time efficlencles.
C. Custom Crown Molding..and Baseboards Restrictions
The new asbestos abatement requirements will restrict the abilityto remove existing
customtrim and baseboard prior to construction ` inally assumed), which will not
allow sufficienti for the awarded general contractor to secure custom matched
replacement trim. , existing crown moldings, wall trim, and base, the
contractorill, instead, cut the existingtrim flush to the face of the now pilaster or
thru wall aG4nflll. At new pilasteri and, If the thru wall so infill abuts the existing
contractorbaseboards, the will install a standard (314" x 6-1121 painted wood trim t
abut the existingtrim, rathert i existing i1
and materials. After the completionconstruction, the property owner will
_....�...... ..._-------
i it -Pmpeny Owner Noise Jimlation Agrftment Page 1
have the option to replace the installed trim withother custom trim to matchthe existing
materials and profiles. -
0. r Threshpid Heights. to stringent Florida hurricane impact and water
infiltration building codes, all now aluminumacoustical prime entryswinging o
sliding I do doors will have thresholds that are considerablyhigher (from the
floor) than existingdoor thresholds. These higher door thresholds are designedt
provide optimum protection to the interior of a condominiumwater infiltration during
hurricane.
E. KWBTS Asbestos Testing
As required state and federal requirements, THC conductedasbestos testing all
participating condominiums in Buildingsand C during the November 217
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include u board joint compound, window glazing, n erior
windowoor caulking. In addition, random exterior stucco samples were collected
on both the 'Walkway" and "courtyard 1 balcony" building elevations.
Depending on the laboratory lis of these samples, the presence of asbestos
containing materials ) have the potential to impact several areas of the I
construction process to include:
windowv I and acoustic window installation,
- door removal and acoustic door installation,
removal of portable "through-wall" AC units n the infilling of openings,
ceiling cuts required for installation of the ductless AC,
wall cuts required for the installation the ductless AC,
construction of vertical II pilasters requiredfor installation of the ductless
AC system s,
construction of closet soffit r installation of the .
RequirementsF. Asbestos Abatement
In the event any samples show a presenceo inin trial (ACM), the
awarded NIP contractor will be requiredto the followingabatement
requirements during construction:
If sa e! s sho a c s rence of ACM < 1°
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
_....... _........... ___-.... ......®
Exhibit -Property Owner Noise bmIation Agreement Page 20 of 28
The IP contractor will be requiredt full asbestos abatement procedures as
directed the Environmental Protection Agency(EPA)to include:
Construction M containment in all (walls, oeffings, closets,
l ' r' , approximately 4 feet from ll walls and areas impacted b
the I ifi tl
Abatement and bagging (resulting demolition
certified asbestosabatement staff.
Air sampling of containment areas and clearanceof all areas by certified
asbestosb t t staff to allowto containment areas by traditional
(non-abatement)
- THC will be required to providei I ht of all ACM abatement
processes in all condominiums throughout the NIPconstruction Ion t
ensure proper compliance withfederal and stateabatement guidelines.
- The presence of ACM willI l t impact on the Iconstruction
lengthening the constructionincreasing the I
and coordination rlr t t contractor
® Given the cost to provideI t abatement procedures, tl°
III require THC to developI t ion plan that minimizes�- the
disturbande of ACM to ensurethe II I tl of construction costs,
duration, liability to the contractorThis I
II result In new property owner requirements and designrestrictions I
are outlined below.
I . _KWBTS BOARD Authority of DesignI I . The KWBTS Board will have the
Authortty to make several of the ProgramI Ins to inch
1. Acoustical I Irt r Material
m Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior I "Mini-SpliVAC SystemInstallation RequI vet
5. Interior I I I- Ilt" AC SystemI nted r Soffit Design and Placement
® In-Filled itchPrime r Policy Treatment
.. e ...........—----_____...... ......®____n-n__
__-
Exhibit -Propeny OwnerNoise ImulationAgreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 1244C, CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an'undivided interest in the oommon 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-Propen:y Owner Noise Insulation 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:
a Architectural Drawings
0 Replacement Aluminum Acoustical Windows
a Replacement Aluminum Acoustical Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
&hibil C- eny Owner Noise Insulation Agreement Page 23 of28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
f. In partial consideration of the compensationt i f the
County and t Improvements to be made to the
described in the nt of even date herewith (tip rit") between the County
and Property Owner and to whichthis attached, the i for and on
behalf of the undersignedthe heirs, personal representatives,
assigns oft yr releases, remises, discharges, indernnifies
covenants not to sue, institute claimsagainst, or institute any proceedin i , the
County, or any of its agents, officers, employees, consultants contractors
conceming any and all claims, actions r causes of actionf
whatsoever kind andt n account of bodily injuries or death, damage to the property,
and the consequences thereof, o f the foregoing i to the
undersigned r their respective heirs, i representatives, nassigns
connection ith any and all Pre-Existing Def i i t "Deficiencies") against said
County r anyemployees, n i and/or contractors to be
legally liable.
Owner2. The Property understands andii responsibift for the
Deficiencies present in the w whether ' il to the Program Manager or unseen.
3. The Property Owner understands that the Deficienciesinclude
deficiencies t in the Property at the time f execution of this nt which could
include, t not be limited W code violations, structural damage, water moisture
damage, hazardous materials, infestatiori and/or anyissue that would negativelyimpact
the installation an f the Program .
4. If visible, r understands that t r may
identify t Deficiencies at any time throughout the Program process
(including des bid rr tr I . If identified , the
Program Manager will classify the observed Deficiencies it "Minor' r" ".
Owner5. The Property assumes full responsibility for the worseningf any
documentedinor Deficiencies.
n the rare event " Deficiencies identified rin the design
process, the r agrees to completei to the , to
the acceptancef the Program Manager, as a preconditionthe commencement of
construction f the Program improvements. In the rare event that "Severe" Deficiencies
are uncovered during the t i n period, the Property Owner agrees to complete
Exhibit -Propeny Owner Noise Imulation Agreement Page 24 of2
necessaryi to the Property, to the acceptance of the Program Manager to
minimize y delay or stoppages of work.
. The undersigned ac a that all of the I hold
harmless and indemnity vi ion set forth in Paragraph 1 of this Exhibit Q applyt
damage,property injuries, deaths, or damages arisingDeficiencies for all
negative impacts that later result after the additionthe Program Improvements. The
provisions of this Exhibit_Q shall survive the termination or expiration of the Property
Owner Noise Insulation .
undersigned8. The that the terms and provisions of,this Exhibit
shall be binding inure the benefit of the undersignedn it respective
helm, l representatives, successors and assigns.
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ibit - e is Insulation Agreement a 25 of 28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
I 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 Exhibit E is attached, the undersigned, for and on
behaIf of the undersigned and the 'heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, rernises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consul r 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 consequenoss thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the 'Deficiencies") against
saI d 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 "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split' it conditioning system. Because
these modifications YAII result in a tighter Interior environment due to the elimination of
all passive Inside / outside air leakage that wa's naturally occurring in all openi ,ngs the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
will pmAde an adequate exchange of inside / outside air to the condominium as
required by building code.
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the
potential for mold and moisture problems, especially during pedods when' the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall t that was designed to allow the passive exhaust of
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Exhibit E-PropmV Owner Noise Insulation Agreement Page 26 of 28
bathroom moisture in a centralbuilding During the Program design
survey t was discoveredthe KWBTS buildings lack a solid centralbuilding
exhaust shaft, Due t . this i tin condition, these original wall vents (If stillpresent)
have the potential to proAde a pathway for unwantedair, smoke and/or gases into the
condominium Merton rton r agrees to assumel uI Flu r the
seaflng of oftnal wall vents In all bathrooms and for any and all negative impacts that
may cult If t .
. It is l building m late to duct laundry dryer exhaust
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted
their laundry dryer vent to the central building t shafts, they t
correct this u m y properly exhaustingtheir laundry dryer exhaust in an
altemative methodthat masts current building code, at their cost before the Initiation of
the Program constructionprocess. Furthermore, the Property Owner agrees to assume
any ll liability reI t the Improper ducHngtheir laundry dryer exhaust.
6. The Property Owner understands un that the Program Improvements will not
address kitchen un t ventilation and/or excessive a nt rm r humidity levels
generatedthe Property OWner within the interiorthe condominium. The Property
Owner understands andassumes full un b lity for maintenance of interior moisture
and humidity i levels. ur r agrees to assume full responsUlity for any
occurrence, reoccurranGe or worsening of moisturel and/or Interior humidity
levels in the Property. In addition, the Property Owner agrees to assumefull
responsibility ility r the makrtenanceoperation the NIP venUngati rn r
completion the Program Improvements.
w The undersigned acknovAedge and agree that all of the release, hold
harrMess and indemnity provisionsset forth in, Paragraph 1 of this
injuries, deaths, or damages sustainedIn n arm with or as a result of any and all
interior venfiWtIon deficaenclesd fmm after the additionthe Program Improvements
Including, but not limited t , high humidity, moM, mildew,-and/or lack of proper exhaust
ventilation. r mn this � H u t termination r expiration
the Owner i Insulation -_Agreement,
B. The under'Mgned hereby agree that the terms and provisionsof the
shall be binding rm inure to t fit of the undersugnedit
PROPERTY OWNER:
respective heirs, personal representatlVes, successors and assigns.
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Exhibit E-Propeny Owner Noise Inndadon Agrament Page 2 7 of Z
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-it - r Ao' l 1 tt t Page 28 ,f 28