09/18/2019 Agreement/Easement-C202 �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
ReturnEm2arad-B- a"
Heather P.
NIP Assistantj n r Ill y0 11.08 AM Pap i of 4
THC, Inc.
710 Daculsit #315 Dead Doe Stamp SO 00
Dacula, GA 30019Filed in Officialo
AVIGATION EASEMENT
Key t International Airport
Noise Insulation
1 i into this , ` - ,
, ", hereinafter referred to as"thea r,"In favor
of theWMONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and
corporate, hereinafter C."
RECITALS:
A. The Propertyr is the fee simple titleholder to certain real property("the Property")
located in Monroe County, Florida, more particularlydescribed follows:
Condominium Unit - , CORAL BAY GARDENST BY THE SEA, a condominium,
together with an undivided interest in the common elements, according to the Declaration of
Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
also identified streetaddress: "2601 S. Roosevelt Blvd., Unk C202"
B. The BOCC is the owner and operatorof Key West International Airport(uthe Airport")an
desires to make propertiesthat, through interior noise exposure testing, are determined
incompatible s a result of their exposure aircraft noise compatible ibr residential
purposes through the implementation of a Nois Insulation Program (" I °).
C. Under the NIP, the Airport will design and install or pay 1br the installation of
improvements n o ifi ti to the Property Owner'sc to reduce
interior noise levels t least 5 dB andto bringthe average interior noise level below 45
dB in accordance i I Aviation Administrationpolicy. Granting of an AvIgation
Easement("Easement') is s BOCC condition of participationin the NIP. The Easement
will supersede any implied or prescriptive easementsthat the BOCC may haveobtained
under applicable laws.
D. The funding for said I ill include funding from the UnitedStates v
pursuant to the Airport and Airway Improvement 1982, andill 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 NIPand has entered into a Property
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nn
Key WestI atlo ai rt I — of tion t(unit ) Page 7 of 4
Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the
NIP will benefit the Property Owner and the Property by providing certain remedial sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior not level below 45 dB in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility could change at some future
tim6, but is currently based on the 2013 Existing Condition Noise Exposure Map
accepted bythe Federal Aviation Administration (1he FAA") on December 19, 2013.
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is ,the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property throughthe NIP,the receipt and adequacy of which is hereby acknovAedged by both
parties, and in consideration and incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all
successoI!s in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors and assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the right to generate and emit noise and to cause other
effects as may be associated Wth the operation of aircraft over or in the vicinity of the
property. This Easement shall apply to all such aircraft activity at the Airport, present or
future, in whatever form or type, during openation at, on, to or from the Airport, and it in
the intent of the parties that all such Airport activity shall be deemed to be included
vAthin the purview of this Easement.
® This Easement shall be perpetual in nature and shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors
in interest,does hereby release the BOCC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heim, assigns, or successors currently have, have in the pist possessed,
or will in the future possess, as a result of Airport operations or aircraft actlAtles and
noise levels related to or generated by Airport activity, or may hereafter have as a result
of use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous property due to noise, and other effects of the operation of the
Airport or of aircraft landing or taking off at the Airport.
Key WeM Intemalonal Airport NIP—Avigation Easement(Unit#MO2) Page 2 of 4
4. This Easement expresslyexcludes and reserves to the Property Owner and to the
Property Owner's heirs, assigns andsuccessors in interest, claims, s,
debts,, liabilities, st , ' or x rt's fee, or causes of action for
physical damage or personal injury caused y aircraft or part of anyiusing
the Easementthat does identifiable physi t damage tote property or injury to a person
on the property by cominginto direct physical contact withproperty or the
the property.
Should5. either party hereto or any of their successors or assigns in interest i
counsel to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of any allegedbreach o
y provision of this Agreement, the prevailingII be entitledII costs,
expensesdamages and incurred including, but not limited , attorneys fees and costs
incurred in connection therewith, including pp ll t ion.
6. o provision of this Agreement is to be interpreted for or against any party because
party or that party's legal representative drafted such provision. This Agreement shall be
interpreted and construed accordingto the laws of the Statef Florida.
7- No breach of any provision oft is Agreement may be waivedunless in writing. Waiver of
any one breach of any provision of this t shall not be deemed to be a waiver
of anyr breach of the samer any other provision of this Agreement. This Agreement
may be amended only by writteninstrument cut y the partiesin interest at the
time f the ' is tin. In the event that any one or more covenant, condition or
provision contained hereinis holdinvalid, void or illegal by any court of competent
jurisdiction, the same shall be deemedseverable the remainder i Agreement
and II in no way affect, impair or invalidate any other provision hereof so long as the
remaining visions do not materially after the rights n obligations of the parties. I
such condition, covenant or other provision shall be deemed invalid due to this scope or
breadth, such covenant, condition or other provision shall be deemed valid the extent
of the scope or breadth permittedlaw.
8. In the vent the Airportll be subdividedinto more than one parcel,or the Airport or
portion thereof becomes subjectto operation, r administration by a party
in additionto or in lieu of the BOCC, then and in that event the partiese that same
shall not terminate r otherwise affect this long as a portionAirport
continues to operate for standard airportflight purposes, and that any suchr
in interest to the BOCC shall be entitled II of the benefits running the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingtin nattenuation materials n equipment
installed in the Propertyy or on behalf of the
kww _._..............._.......�_.�........... _.. _........ .-__�....
t international Airport NI -- vl n Easemert(unit 2 ) Page 3 of 4
t 4
This Easement Agreement is executed as of the date first above written.
........................... ... . . ..................
PROPLRTY OWNEIJ�;,' PROPERTY OWNER:
..Signature............. ...................
Printed Narnr� Printed Name
Date Date
SWE OF
COW OF
The or tQ fegaing ins u k this trment was acnowledged before me �.wyof 20
by ,
Property Owner Name(s)
NoWy Publia Shft ai FWds
Jessibs L Wallece
"j, '� 0 1
..... My COMMIS611) E& E, My Go"nWilon 00 253802
c Signature 0=11=1
tjry Pubil Y,
....................
.......... ....... ............................................... ............
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
gIna' a
Printed Name
....................
Printed N4Tis
Signature
Printed Name
S11
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before
. 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Notary Public Sigg—nature -——-- -------------------- My Co :
mmission Expires
"�RIDE COU rrY ffMFIN Ey'
A11,PW VAA?
FORM
Key West
.. .. .......................... .. ....................
I ntematIonal Airport NIP—AvIgatIon Easement(Unit#C202) PEDA'o,J.MT-i-�%1'A&Cr---- Page 4 of 4
Key West
' o.:
Name(s): 2601 Roosevelt, LL
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEsT INTERNATioNALCOUNTY
THIS NOISEINSULATION T (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 r").
I :
WHEREAS, the Property Owner is the sole record owner in fee simple o
certain realp located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the " ); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the ; and
WHEREAS, the County desires to obtain and preserve fbr 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 as more particularly 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 lbr 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 a
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
the Program is managed by the consultant team consisting of
team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County (the nProgram Manager");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
Propeny Omer Noise InsidadonAgreement Page I of 28
sufficiency of whichhereby acknowledged, the Property Owner and the County
hereby agree s follows:
1. Grant 41f vu Easement. Simultaneously it t executionthis
Agreement, the r utdelivered to the County an avigation
easement (t "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
µPolicy _Statements. Consistent it the Program and/or
Federal Aviation AdministrationAirport Imp vement Program policies and procedures,
the Program Manager has developed a seriesof Program Policytooutlining
construction' and eligibilityrestrictions. The Propertyr understands that
prescribed Improvements will be consistent with the Program Policy
Statements vide the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attachedhereto as Exhibit A.
Payment3. o �Proigram Improvements. The County agrees to pay for
the Program Improvements c in Exhibit Q attachedh
Improvements will be approvedby the PropertyOwner and County, n the
Program Manager, and pe#brmed by the Contractor.
peding Competitivei c r shall not
impede or interfere it the rs a6il-Ityto selectapproved
manufacturers and subcontractors in the preparation of bidsubmittals. To insure
competitive i vi t, the PropertyOwner is prohibited from having
discussion or communication withContractor in relationto the Program, the
contractors i , or this Agreement until after award of the construction contract by the
Failure the Property Owner to comply with this vision shall, at the option
of the County in its sole discretion, result in disqualification from the Program and
cancellation of this Agreement.
5. Construction Contract. The County ill award the contractr the
Program Improvements si it Federal and Countycompetitive bidding policies
procedures.and The contract will require the Contractor to complete the Program
Improvements witi i s period defined by the Manager.
6. - & Post-Construction Responsibilities. The Property Owner shall
meet II responsibilities and requirements pertaining t both pro-construction and post-
construction:
Priora. to the f NIP construction, the PropertyOwner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of all furniture and belongings into the "Designated
Area"Storage Space within the condominium, providing the required "clear arean (whit
Propeny Owner Noise l if ent Page 2 of 28
space in sketch) for the Contractor. When doingso, the n r will have the
ability to utilize the completer to calling" space.
( ) Removing of all excessive furniture Ion i the
condominium that will not fit in the "Designated Storagec a";
( ) Removing all window and door treatments (such as blinds,
plantation r , etc.) and storing in t "Designated
( ) Removing all electronic and dust-sensitiveitems it
condominium r wrapping withiv ly before storingthem in t "Designated
Storage Space ";
( ) Removing all wall hangings (such as mirrors, ihanging
Ivetc.) and storing them in the "Designated St ";
( ) Moving all small items and belongingsinto either the closets r
bathrooms outlined in the "Designated Sto "
Afterb. completion of the NIPconstruction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture andbelongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
( ) Moving of any excessiveit l ins back into
the ndo iniu ;
( ) Re-installation of aII wall treatments, oor treatments
II hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to performany and all of the
bye Pre-Construction responsibilities, the Propertyr shall be removed from NIP
participation and the Property Owner shall be liable to then for Contractor for
any and II resulting damages andII direct and indirect related thereto.
. In thev the Property Owner falls to perform any and all of the
above - r ion responsibilities, the Property Owner shall be liable o the
County for Contractor for any and all resulting damages and all direct and indirect
costs related thereto.
. Imooding Construction. Once constructionf the Program
Improvements i , the Property Owner shall not - i construction or after
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property duringthe construction of the
Improvements from impeding o ion or altering construction schedules. In the
vent the Propertyr or any tenant occupyingthe Property impedes construction or
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Owne
r v Insulation t 2
aIt ers the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8. Safe Working...,Enyl.ronment. The Property Owner shall be responsible
for providing a safe working environment for the 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 Property Owner shall be responsible for:
(1) Providing a working environment that is free from potential
heaIt h dsks, 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 it to meet any of the foregoing
conditions, the Program process may, at the County's discretion, be temporarily
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 performed by the Property Owner prior to the County resuming the
Program process.
c. In the event the Program process is not resumed due to the
Property Owner's failure to complete the corrective action(s) and/or condition(s)
requI red by the Program 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 ll sha be
liable to the County and/or Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction Qelay - 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
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the time for 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 perionnance bond or show proof of required insurance.
10. Changes to Scope of Work. The Program Manager reserves the right
to make changes to the plans and spec tions andthe Program Improvements, at its
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Property Owner Noise Imlation Agrmment Page 4 of 28
sole discretion, at any time during the Program process, providedsuch changes do not
reduce the r quality of the Program Improvements describ in d.Exhibit Q and
such changes i t the discoveryof hidden n iti not readily
detectable ri al property inspection procedures.
11 c � c ofUpon completionof the Program Improvements,
the Program Manager shall inspect or cause. the inspection of the Program
Improvements to determine if they were completedn o the terms of the
contract. The Program Manager retains sole. discretionauthority
performanceconformance and issues as they relateo the Contractor, subcontractors,
suppliers n is designs. The Property Owner is requested
Substantial1 i Inspection and provide input to the Construction Manager Wth
respect to the identified -lit items. In addition, the Property Owner is welcometo
attend the Final Inspection. In the event the PropertyOwner elects to not attend the
Substantial Completion and Final Inspections, they release n surrender their ability to
provide input the -Construction Manager with respect to the acceptance
Program Improvements. In the eventthere is a disagreementthe Property
Owner and ther as to a conformanceor performance issue, the
OwnerProperty shall be requiredit the discrepancyin writing
(representative fin the NIP construction ) within 7 days of the
inspection giving rise to the discrepancy. Monroe County shall then make a
determination as tothe acceptabilitythe conformance/performanceissue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conformance/perlbrman'co/issues. Failurebyte Property Owner to submit the
written complaint within the time period specified v h II thereafter foreclose
Property right file such complaint.
. Terminationo Agreement. The Property Owner understands that
the signingi t initiates o the BID and CONSTRUCTION
the Program Improvements to be performed in accordance withh .
Therefore, if the Property Owner attempts to terminate this t or otherwise
impedes the progress of the performance of the Program Improvements r the award
of the construction contract, the Property Owner will be liable to the o r any and
II damages and all direct and indirect s y.
1 . Warranties. The Countynot represent or warrant the level of
noise reduction that the Property Owner will experience withinthe result
of the Improvements the Program.
. The Countyagrees that its contract with the Contractor will include
standard one (1) year warrantles from theContractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time the acceptance of the
work as provided for in Paragraph 9.
b. t the and of construction, the Manager will provide the
OwnerProperty with a Warranty & Final Closeout Pac ichill contain copies of
the warranty policies, product instructions, design documentslegal documents. As
condition f receiving the WarrantyFinal Closeout Package, the Property Owner
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Propeny Owner Noise Insulation Agreement Page 5 of 28
must first submit a completedI perty Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warrantypolicies for products used in the construction of the
Program Improvements r among-product a . In the event of claim, the
Property Owner is solely responsible for pursuing all future producta issues
directly ' h each product manufacturer.
c. In thevent 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 to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties andr resolution
f all product or construction warranty issu ( ):
(1) The p is inquiry is not directly relatedto either
construction warranties or product warranties (such as windowcleaning r product
maintenance) regardless of whether the Property Owners inquiry ri s during the one-
year warranty period from the Contractor or thereafter,
( ) The Property Owner believes that warranty service i
requiredith respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired-,
(3) The Property Owner believes that serviceis requiredwith
respectto product warranty issues, the advertised warrantyperiod r the product
not expired, n the manufacturer is currently nu in its business® and
( ) The Property Owner believes that service is requiredit
respect to product warranty issues, the advertisedn ri for the product
has expired.
14. Pro-Existing _ The Property Owner will be required
sin Exhibit D (Deficiency of Harmless t) which will impute all
responsibility and liability to the Property Owner for any andII present Pre-Existing
Deficiencies at the Property, whether seen or unseen.
15. Pre-Work Reguirements. The Property Owner will be required
to completeand all Pre-Work, as requi by the NIP to successfullyaccommodate
the NIPtic modifications. y Owner will be required _ t II
desk .. ......items utilizing their own funds and per the required deadlines
established the NIP. In the event the Property Owner fails to completethe
designated - items by the established I line, the Property Owner shall
be removed from NIPparticipation and the Property Owner shall be liable the County
and/or Contractor for any andall resulting damages and all direct and indirect t
related thereto.
16. Cite of Key West "Hard-Wired" Smoke I Requirement In
compliance with the City. of Key West Fire Marshall and the City of Key West Building
Departmentt ion permit issuance qui e , the Property Owner V411 be
requiredinstall 1 0- It "hard-wired" k alarms in their condominium i
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Property Owner NoiseI l t Page 6 of 28
accordance i all applicable codes and regulations by the required deadline
established the NIP. The Prope.qy Owner will be res�)onslbleto ensurethat the
smoke alarms are not installed in same areas within the condominium where NIP
modification ill occur, to_ avoid any potential impedance to the NIP construction
process. In the event the Property Owner falls to install the designated "hard-wired"
smoke alarms by the established NIPline, the Property Owner shall be removed
from NIP participation.
17. Suspensionra ss. The Program processe
temporarily suspended t any timeduring the design and/or construction phases
the discovery Deficiencies due to their potential impact on the Program
Improvements 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 nr, the Property
Owner will be liable to theCounty for any and all damages and all direct and indirect
costs due to del and/or stoppages of the work.
18. Limitation on Alterations tou the Property. The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existingwindows, doors and/or walls from the time
the Designprocess until the construction of the Program Improvements have been
completed. c pti to this rule must be pre-approvedin writingy the Program
Manager. Fa Hure to adhereto this requirement may, at the option of the Program
Manager in its sole discretion, ult in an immediate suspension the construction o
the Program Improvements the Property. The Property Owner will be liable to the
County for all direct andindirect costs i ith unapproved alterations And
damages relatedthereto.
19. Fre and Post-Construction Noise Testing Process. - & post-
construction noise testing is a very important t is designedto
measure andt in u l achieved noise level reduction level at treated
properties. If selected by the Program .Manager for pre- & post-construction noise
testing, the Owner agrees to provide access to their property I& testing and
agrees to not to makelte do s to the interior of their property (with the do
repairs of Deficiencies) from the time of the pre-construction noise test the
wort-
st ion noise test. In an effort to insure consistent noise data collection, the
OwnerProperty also agrees to preserve the interior layout furniture, r coverings
and window treatments from the time of the pre-construction noise test to the co -
construction noise t . The Property Owner understands that the failure to adhere to
this requirement may result in corruptionof the noise testing . Therefore, the
OwnerProperty understands they may be liable to the Countyr any directand indirect
noise testing t in the event these requirements are not met.
. Cooperation. As reasonablye r shall
cooperate with the Contractor, the Program Manager and Monroey in the
performance of all phases of the Program Improvements including, not limited t ,
the removal and reinstallationall hangings and furniturenecessary.
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NoiseProperty Owner Insulation e 7 of 2
21. Utilities. The Property Owner shall perrnit the Conti-actor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
22. Qesign and Bid Process Access. At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP email andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and feder6l inspectors and consultants access to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-nolse testing and pre-bid visit. In the event the Property Owner falls to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
23. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight (48) 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
resAlt in the suspensi the scheduled NIP construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect costs related thereto. -
24. Pre and Post Construction Access. At scheduled times and/or
upon not less than twenty-four (24) hours advance notice (via NIP emall andlor letter)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Propertyto provide
all required NIP Pre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, post construction" inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
required 141P Pre and Post Construction Visits, the Property Owner shall be removed
fmm 141P participation and the Property Owner shall be liable to the County and/or
Contractor for any and all resulting damages and all direct and Indirect costs related
therato.
25. Construction Period Access. Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will include the required number of calendar days to complete the 141P
construction in each of t'he participating condominiums. Based on th is schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction Wil occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire.assigned time period. In
addition, the Property Owner agrees notto re-enter their property fbr any reason during
their assigned construction period due to safety concerm; and the potential to negatively
impact the Contractor. In the event the Property Owner falls to pmvide access for their
assigned construction time period, the Property Owner shall be removed from NIP
Rroperty Owner Noisel ulat' t Page 8 off
participation the Property Owner shall be liable the r Contractor for
any and all resulting damages and all direct and indirect t related thereto.
26. Construction I to Hurricanes. Sinoethe NIP
construction period will extend into the Key West hurricane season, there is potential for
construction l stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching ° r an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally II l construction time period, without any fault or cost to the Contractor
Manager.and Program Furthermore, the Property Owner agrees to relocatefrom their
condominium for all additional calendar days resultingfrom NIPconstruction
stoppagesto a hurricane threat or event at no costt the n t tr nor
Program Manager. In the t the Propertyr falls to provide the i
additional access to their condominium due to hurricane-related work stoppages, t
Property Owner shall be removed from NIPparticipation and the Property Owner, shall
be liable the County r Contractor for any and all resulting damages and all direct
and Indirect costsrelated thereto.
° Discovery Of Pre-ExistingDeficiencies Duringt ti n° In the
event the Contractor discovers pre-existingI n i t the n the NIP
construction that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repait and remedlatedeficiencies in an
effort to reduce anynegative impact on the scheduledn t ion pedod. hProperty
Owner that, n in t timing thel pre-existing deficiency repair,
the NIPconstruction pedod may need to be extended, t no fault of the
Manager or Contractor.
28. Imoact of Unforeseenit in Conditions _.
Schedule. � r understands that on building conditions that
may arise in the NIPn t i n may have the potential to increase the original
scheduledr tin of construction, which is not the fault of the Program Manager nor
Contractor. The PropertyOwner needs to plan for t "worst-case" i ilit that the
originally-scheduled cont tl n completion date may be delayedfew additional days
due to unforeseen building conditionsthat may arisen ll t the I
construction.
29. Existing in r Treatments, n lin
Property m„
Owner n that, r t installation f I _ tic window_
the existingin and/or door treatments, h blinds may not be
compatible nor able to be re-Installedto sizedifferences n the new and
existing n n W
30. Existing I In g DuHng the installation of the new
acoustic ° n w the I ill be providingn 'm n m' " replacement
interior tHm and sills° The Property Owner understands that the NIP replacement trim
ill not match customfor specialized crown molding patternsand/or custom window
and door trim. After the l tl n of the NIPifi ti , the Property Owner will
have the ill to make " i tin to the NIPintedor trim t their own expense,
..._. ......... ..... ......
Omer Noise Inm1adon Agmement Page 9 of 28
ic_ti n_,R ulrements. The Property Owner agrees t
read and I II l ll r letters in a timely fashion Ibeing
provided by the NIP to ensure schedulem In the t the Property r
falls to meet this requirement, it could result in removal from NIPrti l tl n.
m Title Examination. The Program Manager has in r will
obtain, at its solet and expense, t f Title" to ensure that the
title is free from lions and/or title f
ti i I Itl ° r t t rat f
construction f tImprovements, the Property Owner
shall cooperate with the
County in order l title f i the Property whichdisclosed
by the "Abstract ofTitle" in the l t ins ti n of the County may serve t
invalidate the Easement, and Ql) the writtenconsent of any and all mortgage
holdersto the conveyance of the Easement tD the Countyif the
County determines that it is necessary or desirable to do so (collectively, the "Title
Matters"). If, pdor to the commencement of construction of the Pmgram Improvements,
the County, in its solei ti m determines that the Titletin the Property
may invalidate the t, this rat shall be null and void, andthe Easement
shall beterminated.
m Federal Assurance. As requiredthe Federal Aviation
Administration, the r agrees to the following I l i s
. The Property Owner shall subject the n t Idc on the
project to such inspection and approval during the construction f the Program
Improvements and after completion of the r Improvements l
requestedbe the Program Manager r Monme County.
h. After final completion of the Program Improvements, the Pmperty
Owner shall assume the responsibilityr maintenance and operationof the items
installed, r constructed under this rat. Neither the I Aviation
Administration nor the n r mill r maintenance and operationf
these items.
Reduction35. f Fresh Air Infiltration. r° will be
requiredto signf (Ventilation I I Witwhich imputes II
responsibility to the Pmperty Owner for the proper maintenance of interior moisture and
humidity levels.
° Aivage of ri i .�.�. p t° f t Propertyrdesires
t retain r� f t material r _equipment removed fmm the i f the
Program Improvements, the r shall arrange fbrt l f said
materials and ei t directly withthe Contractor at the l is
expense.and The Countyresponsibility r the Itl f the material,
equipmbrit or surrounding surfaces as a result of the t l . The
OwnerProperty and the Contractor shall, prior to the t of construction,
agree upon and executet listing those items to be salvaged. In the
r Noise Imulation Agmement Page 10 of28.
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 becorne the
property of the Contractor.
37. EMgftdX Insurance. During Program construction period, the
Contractor will provide builder's risk insurance for the Property. The Property Owner
shaII 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 Nsk Insurance will cease, and' it is advisable for the Property
Owner to obtain Insurance to cover any la to the Property by the Program.
38. Illming., and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractors
odginal projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, It and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractors and
suppII ers with respect to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40. Sole of Pmpl&. In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owner's responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver. No waiver of, acquiescence in, or consent to any breach of
any,term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquI escence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
42. Release of Easement. In the event that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon written request by the County, shall pay to the County the
sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and
recording of the Release of Easement document in the public records of Monroe
Coun,ty, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order to mclear the title to the Property.
.............. ................... .......
ProperV Omer Noise InnIatwn Agmement Page I I of 28
43. Authority to Execute„Af . n Behalf Of County. By Resolution No. 111-
0 , duly motion,ad and passed at a lawfully nnoun public meeting, the Board of
Countyissione Monroe County, did, on the 1 r day of March 2004, f full
authority for the County Administrator to execute this Agreement on behalf of the
County without further action by the Board of CountyCommissioners.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. ExhibitPolicy to e .
b. Exhibit : Legal Description of Pmperty
c. Exhibit : Program Improvements.
d. Exhibit Deficiency old Harmless Agreement
e. Exhibit : Ventilation Hold Harmless
5. General Conditions.
a. GoverningL ...Venue,' Interpretation, Costs, and Fees.
(1) This Agreement shall be govemedn i
accordanceith the Laws of the State of FloridaII I to contracts made and to b
entirely in the t t .
( ) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation this Agreement, the
County n ner agree that venue will lie in the appropriatecourt or before
the appropriate administrative o in Monme 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 or between
them, the issue shall be submitted o mediation prior to the institution of any other
administrative r legal proceeding.
( ) The County and Pmperty Owner agree that in the event any
causeion or administrative proceedingis initiated or defended by any party
relative to the enforcement or interpretation this Agreement, the prevailing party shall
be entitled reasonable or s' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the n6n-prevalling party. Mediationproceedings
initiated ad pursuant to this Agreement shall be in accordance withthe
FloridalCivil Procedure and usual and customaryprocedures required the
circuit court of Monroe County.
b. 'Binding . The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County r
and it respective legal representatives, successors, n si ns.
..._ e .
Propertyer Noise Insulation Agreement Page 12 of2
If any term, coveriant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. Aylbority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authodzed by all
necessary County and Property Owner actiori, as may be required by I .
e. 'Duration of AgMeMent. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County and shall remain in effect for a period reasonably required to effect the
Program Improvements (the nTerm"), , except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. 2f Gifts, Grants Assistance Funds. or Beguest
County and Property Owner agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims for Federal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County pdor to submission.
h. AdjuAlcatlon 2f Dis utes 2r Disa perrIgntp., The County and
Property Owner agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
I. 'Nondiscrimination. The County and Property Owner agree that
there Ml be no discrimination against any person, and' it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Flodda statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P1. 88-352) which prohibits dlscdmination an the
basis of race, color or national odgin; (2) Section 504 of the Rehabilitation Act of 1973,
as ahiended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
Peoperty Owner Noise Imuladon Agreement Page 13 of 28
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), 9s amendedi relating to
nond iscrim Mation on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 5.27, (42 U.S.C. 290 dd-3 and 290 as-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nond iscdm!nation on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Florlda Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination; (9) The Monroe
County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through
13-130), as may be amended from time to time,"relating to nondiscrimination; and (10)
any other nond iscrimi nation provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the fbrmation, execution, performance, or
Ian each of this Agreement, the County and Property Owner agree to participate, to the
extent required bythe other party, in all proceedings, hearings, processes, meetings,
and other act[vities related to the substance of this Agreement or provision of the
services under this Agreement. The.County and Property Owner specifically agree that
no party to this Agreement shall be required 'to enter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books, Records and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized repress ntatives
shall have reasonable and timely access to such records of each other party to this
Agreement for it purposes during the term of the Agreement and for four years
following the termination of this Agreement.
1. 'Covenant of No Interest., The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its perf ormance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in thi t.
m. Code of Ethics. The County agrees that the officers and
empI oyees of the County recognize and will be required to comply with the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of g1fts; doing
business Wth one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
ily� '0%mr Noi's'e'.In'nlatio'n"Agm'em'ent Page 14 of 28
... ........
Sol Mtaflon/Pay ment. The County and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the flght to terminate this Agreement Wthout
liability and, at its discretion, to offset from monles owed, or otherwise recover, the full
amount of such fee, commission, percentage, gM, or consideration.
o. PublIcAccess. The County and Property Owner shall allow and
permit reasonable access to, and inspection of, all documents' papers, letters, or other
matertals subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24, of article I of the Constitution of Florida. The County and
Property Owner all allow and permit reasonable access to, and inspection of, all
documents, records, papem, letters or other upu'blic record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by tl,,ie County and Property Owner in conjunction with this contract and
related "to contract perfbrmance. The County shall have the right to unilaterally cancel
"this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enfbrce the temis of this provision in the
fbn,n of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorneys fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult with its advisors 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 records, provide the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that doles 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 from public records disclosure requirements are not disclosed except as
"I I'll,........... .....................--
Prop"Owner Noise Imulation Agmement Page 15 of28
authorized law for t tI the contractterTn andfollowing I tl the
contractIf the Property Owner does not transfer the the County.
completion of the t , transfer, at no cost, to the
CountyII public records in possession of the Propertyr or keep andmaintain
public records that would be requiredy the County to perform the service. If the
Property Owner transfers II public records to the nth upon completion of the
contract, the r shall destroy any duplicateII that t
r confidential and exempt from public records disclosureI t . If the.Property
Owner keeps and maintains public records upon completionof the tr , the
OwnerProperty shall meet all applicable requirementsr retaining publicrecords. All
storedrecords I I II t be providedto the request from the
County'scustodian f records, in a format that is compatibleIt the information
technology # r of the
to inspect or copy publicrelating to a County
contractt be made directly to the County, but if the County does not possess the
requestedrecords, t ll immediately notifythe r of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copied withinreasonable time.
If the Property Owner has questionsI the III ti f
Chapter t , Florida Statutes, to the Property Owner'sto provideII
relating to this # , contact the t I f Public Records, Brian Bradley
292-3470.
p. Non-Waiver I ft w Notwithstanding the provisionsf Sec.
768.28, Florida tut , the participationf the County and Property Owner in this
Agreement and the acquisitionf any commercial liability insurance II n , or local govemment liability insurance pooI coverage shall not be
deemed a waiver of immunity the Countyto the extent of liability , nor shall
any contractt into the # required to containI r waiver.
q. Privilege and ImmuI i d All of the privilegesn immunities from
liability; exemptions from laws, rdinances, and rules; pensions II f, disability,
compensation, other benefits whichapply to the II of officers, agents,
volunteers, or employeesf the County, performing their functions
under this rat within the territorial limits f the County shall apply to the same
degree and extent to the performance of such functions nduties f such officers,
agents, volunteers, or employees outsidethe territorial limits f the County.
r. I ��U ��t_ _. rr I IIIti � . i tI f
Constitutional or Sigtutoa Duties. I t is not in-tendedt , nor shall it be
construed IIeving any participating entity from any obligationresponsibility
imposed upon the t" law except to the extent of actual and timely performance
thereof by anyother participating entity, in whichthe performancemay be offered
in satisfactionf the obligationr responsibility. Further, this r t is not intended
to, nor shall It be construed , authorizing the I tI f the rtltI I or
statutorytI f the County, except to the extent permitted by the Floridan tl tI n,
_....... .. _ ................._ ........ .
RropenY Owner Noise lt' t Page 16 of 28
state totes, case law, and, specifIeWly, the t
Flodda Statutes.
y Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforcer attempt to
enforce any third-party m r entitlement to or benefit of an,y service or program
contemplated r n r, and the County and Property Owner agree that neither the
County r Property Owner or any agent, officer, or employee of each shall have the
authority to infbnn, counsel, or otherwise indicate that anyparticular individual or group
of individuals, nti r entities, have entitlements or benefits under this t
separate and apart, inferior t , or supenor to the communityin general or fbr the
purposes contemplatedin this nt.
t. Attestations. The Property Owner agrees to execute such
documents as the County may reasonably require in the perfbrmance of the obligations
and duties of the County or Pmperty Owner under this Agreement.
.al Ligbifity. No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monme County r her individual capacity, and no member, officer,
agent or employee of Monroe Countyshall be flable personallythis m nt or be
subject to any personal liability r accountability by reason of the ti of this
Agreement.
w Execution in Cou'nterparts. This t may be executedi
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitutethe same instrument n the parties
hereto t this t by sigNng any such counterpart.
w. Section Hein s. Section headingsm, inserted in the
Agreement. r of convenience of reference only, and it is agreed that such
headingssection rest a part of this Agreement and willt in to
interpretation of any provision of this Agreement.
.. - --------
Ptupeny e o Inndation Agrwment Page 17 of 28
IN WITNESS WHEREOF, the Propertythe County have
executed this Agreement as of the day and year first above written.
_—
WIT SSF,§': PROPERTY OWNER,
Signature . `/ � �
Printed Name `� �
F
r
�s
Printed Name
� a p Sig
s
n ture
�
Date
1!nnted Name
WITNESSES: PROPERTY OWNER:
Signature
Signature
Ffl—Cted Name
Printed Nama
Signature
Date
IPrinted Name .
i
�Pw
e
5�
4 ,, 16160.NTY BOARD OF COUNTY O ISSIN :
.'
tg
nMA B CLERK SLYVIA MU H
wt, ea8'� m
m
Deputy Clark gnature
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Property(Amer
.m_" er Noise lxvulatior.�Agreement PEA .� A'�
P_
,STANI t a u 114 Y
Vate
PROGRAM POLICY STATEMENTS
Exhibit
To
Property Owner Noise Insulation Agreement
A. Restrictions. it providing [ "mink
spilir AC systemr condominium as a part of the NoiseInsulation
modifications, following limitations and rest ' f ilf apply to all condominiums:
1. All condensing unitsill be installed I
2. I refrigerant lines f the balconyi its will be installed
consistentipolicy f fling a maximum height
inches.
3. All condensate lines it installed the buildingr consistent With
Board policy rulesthe I t level of consistencybuilding
architectural aesthetics.
4. All interior lines condensate, electrical) and Energy Recovery
Ventilator ill be housed in now vertical wall and comer pilasters which
ill be constructedto tquality existing ll . The number and locations
f the new verticalI nd comer pilasters will differ depending on your unique
condominium r plan and number of bedrooms. The NIPi f ill
reviewi inliormation withat your NIPi ti .
Only,5. electrical servicethat are determinedthe Program Manager to be
deficient will be replacedthe Program as a part of the i Insulation
modifications.
B. Window i1.1 Replacernent. Due to the # , the NIPill provide
customnew ill instead of the existing
to this iplan, existing customillgranite, ill not be replaced.
This revision ill be an improvement, while decreasingi # improving
time I I .
RestrictionsQ Custom Crown Moldl,og,and Baseboards
abatementThe new asbestos it t ill restrict the abilityto remove existing
customrl l tly assumed), which will not
allow sufficientti r the awarded general contractortcustom matched
replacement trim. Therefore, existingmoldings, wall trim, and base, the
contractor will, instead, cut the existingtrim flush to the face of the new pilaster
thru II ac-4nflll. At now pilasterlocations , if the thru wall so infill abuts the i i
contractorbaseboards, the willinstall @1 painted ri to
abut the l i trim, rather than attemptingto matchexisting # trim profiles
and materials. After the completionconstruction, the property owner will
it - Owner Noise i Insulation n e 19 of 28
have the option to replacethe installed trim with other custom trim to matchthe existing
materials files.
D. or Threshold Heights. to stdngent Florida hurricane impact andwater
infiltration uil in II new aluminum acoustical prime entry swinging o n
sliding lass patio doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. s i r door thresholds are designedt
provide optimum protection to the interior of a condominiumwater infiltration durin
hurricane.
AsbestosE. KWBTS -- tl
requiredAs to and federal requirements, THC conducted t testing n all
participating KWT iniu in Buildingsand C duringthe November 2017
to April 2018 time period. This testing included Ile in 7 to 9 samplest each
condominium include gypsum boardjoint compound, windowI in , and extedor
window and door caulking. In addition, ndo..... exterior stucco samplescollected
n both t "walkway" "co 1 balcony" building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing t ri Is (ACM) have the potential to impact several f the NIP
construction process to include:
window removal and acoustic window installation,
door removal and acoustic door installation,
removal of portable "through-wall" AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AC,
ail cuts required r the installation of the ductless AC,
construction of vertical wall pilasters requiredr installation of theu I s
AC to s,
construction of closet soffit for installation of the ERV.
F. Asbestos Abatement eq
uirements
In the event any samplesn of asbestos containing material ( ), the
awarded NIP contractor will be required to perform the Il i b t
requirements dudng construction:
Ifs — S shq _ a
The NIP contractor will be requiredply with OSHA worker safety requirements
include worker respirators, polyins in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaceschipped, cut
and/or sanded.
l it - o' e I lati tPage 20 of 28
If samples show a DresenceC >1%
The NIP contractor will be requiredfull asbestos abatement procedures as
directedy the Environmental Protection Agency(EPA)to include:
Construction of ACM containment baniers in all areas (walls, ceilings, closets,
i r ), approximately 4 feetall walls and areas impacted
the NIPmodifications.
bagging- Abatement and f ACM (resulting olitio ) by
certified asbestos abatement .
® Airs li in n s and clearance f all areas by certified
asbestost staff to allowcc to containment areas by traditional
(non-abatement)workers.
- THC will be requiredprovide iv v i of all ACM abatement
processes in all condominiums throughout the NIPconstruction process to
ensure proper compliance with federal and state abatementi eli s.
- The presenceill have a significant impact on the NIPconstruction
process, lengthening the construction perlod and increasing the sequencing
and coordination i contractor crews.
Given the provide required asbestos abatement procedures, the FAA
ill require THC to developdesign and construction plan that minimizes the
disturbance to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This p Ian
ill result in new property owner requirements and design restrictions which
are outlined below.
H. KWB,TS_ BOARD AuthorBy of DesignI I . The KWBTS Boardill have the
Authority o make several of the Program design decisions to include:
1. Acoustical Window and Door Matedal
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical i oor Operational Styles
4. Interior Ductless nM!n!-Split'ACInstallation Rs ui n
. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement
. In-Filled ishen Pdme Dobr Policy Treatment
Rchibit -Property Owner Noise Inmiation Agreement Page 21 of 28
LEGAL DESCRIPTION
Exhibit
o
NoiseHomeowner i Agreement
Condominium Unit 202-C, CORAL BAY GARDENS ,
condominium, together with an undivided interest in the common elements, according
the Declaration of Condominium thereof, recorded in Official Records Book589, Page
70, as amended from time to time, of the Public Records of Monroe County, Florida.
......._........ _.............................................
ExhlbitB- e rNoise Insulation nt 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:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging PrIme Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Exhibit C-Arope?V Owner Noise Insulation Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
descdbod in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Exhibl't Q is attached, the undersigned, fbr and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, inderrinifies and
covenants not to sue, institute claims against or Institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
conceming any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersI gned or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consuftants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen,
3. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous matedals, infestation and/or any issue that would negatively impact
the installation and pedbrinance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either WlnorO or"Severe".
5. The Property Owner assumes full responsibility for the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are Identified dudng the design
prooess, the Property Owner agrees to complete necessary repairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that uSevere" Deficiencies
are uncovered dudng the construction period, the Property Owner agrees to complete
—,...........
Exhibit D- oise InMadon Agmement Page 24 of 28
necessary repairs tots Property, to -the acceptance of the Program Manager to
minimize any delay or stoppages of work.
7® The undersigned acknovAedge and agree that all of the release and hold
harmless and inderrinity provisions set forth in Paragraph 1 of this Exhibit Q apply to
property damage, injudes, deaths, or damages arising from the Deficiencies and/or all
negative impacts that later result after the addition of the Program Improvements. The
provisions of this Exhibit Q shall sunilve the termination or expiration of the Property
Owner Noise Insulation Agreement.
B. The undersigned hereby agree that the tenns and provisions of this Exhibit
Q shall be binding upon, and Inure to the benefit of the undersigned and their reip--e—ctive
lrs, personal representatives, successors and assigns.
---------- ---------------- -------- . . .................
-7
IT E, PkOPC OWNE',Rr
Signature
r
nme 1,,,f r
Printed Name
4Pted Nau g,
I Z
Pdnted Name
..................... ................
WITNESSES: PROPERTY OWNER:
Signature ...... .........
Signature
Printed Name
Printed Name
Signature
Printed Name
WITNESSES: PROPERTY OWNER:
Signature
Signature
Printed Name
.......
PrIntad Name
Signature
Date
Printed Name
--------------- . . ................ ....................
-———-------
Exhibit D-.2"Wpe ner Noise Inm1at'on Agreement Page 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
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, lbrever releases, remises, discharges, inderrinifies 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 lbregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assI gns in connection with any and all Ventilation Deficiencies (the uDeficlencies!) 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 "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split" it conditioning system. Because
these modifications Wit result in a tighter Interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
will provide an adequate exchange of inside / 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 penods 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
moI sture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility ibr ensuring that all bathrooms have an operable
bathroom exhaust fan capable of propedy exhaudng bathroom moisture to the exterior
of the building. It should also be noted that the odginal KWBTS condominiums were
constructed with a' small wall vent that was 'designed to allow the passive exhaust of
&hibit E-Arop"Owner is InsWation Agmment Page 26 of28
bathroom moisturein a central building exhaustshaft. Duringthe Program design
survey processit was discoveredit i s lack a solid central building
shaft.exhaust this existing condition, these original wall vent (if still t)
have the potential to provider unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing of original wall vents in all bathrooms andr any and all negative impacts that
y result if left untreated.
5. It is clearly a building a violation to duct laundry r exhaust to the
KWBTS central exhaust shaft. In the eventr has incorrectly u
their laundry dryer vent to the KWBTS central building exhaust shaft, they agree to
correct this deficiency properly exhausting their laundry r exhaust in an
alternative t t meets current building code, at their cost before the initiation of
the construction process. Furthermore, the Property Owner agrees to assume
any and all liability It to the improper ducting of their laundry dryer exhaust.
Owner6. The Property understands that the Program Improvements will not
addressitch n and bathroomventilation and/or excessive Interior humidity levels
generatedthe Property Owner within the interior of the condominium. The Property
Owner understands and assumes full responsibility for maintenance of interior moisture
and humiditylevels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence r worsening of moistureproblems and/or interior humidity
levels in the Property. In addition, the Property Owner agrees to assumefull
responsibility r the maintenanceoperation the NIPventing ifi ios after
completion of the Program Improvements.
7. The undersigned s l II of the release, hold
harmless andindemnity provisionsset forth in Paragraph 1 of this i iapply to
injuries, , or damages sustainedin connection with or as a resultany and all
interior ventilation defici ci risi r the additionthe Program Improvements.
including, but not limited to,' high i ity, mold, mildew,-and/orlack of proper exhaust
ventilation. visions of this Exhibff E shall survive in ti or expiration
the Property Owner Noise Insulation .
8. The undersigned hereby agree that the termsn visions of this
-___---Eghibit E shall be binding upon and inure to the benefit of the undersignedtheir
respective heirs, personal representatives, successors and assigns.
... .. ._.®. �....g... ....�., .. �,.. mow,
WIT PRO O E g
Signature , r
Phi Name }
Primed,Name
S g ature
Printed Name
ibit - Owner Noise Insulation Agreement Page 27 of 2
WITNESSES:
..._._. _ _.._..__ .__ .. ......... ...®._ ...
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Signature .....,. ,
Signature
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Printed
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Signature
to . .�<<<. _ _
Printed Name
WITNESSES: PROPERTY OWNER:
Signature
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Printed Name
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Printed Name
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Date
Pdnted Name
i it E-Property Oumer 2VoiseInsulation 2