09/18/2019 Agreement/Easement �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 B and Return :
Heather
NIP AssistantJ n r 11ftorded 4121,202011.0 1 of 5
THC, Inc.
710 Deculai 1 s
Dacula, GA 30019Filed in OffieW Rwards of
CPA
AVIGATION
Key West International it
NoiseInsulation
I i t into this day of 44
, ", h ina r 6 s"the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to a " C ."
RECITALS:
The Property Owner is the fee simple titleholder to certain realp rt ("theProperty')
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 7- , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recordedin Official Records Book589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as st t address: '1 1 S. RooseveltBlvd., Unit C207"
B. The BOCC is the owner and operatorof Key West Intemational Airport("the Airport")and
desiresto make properties that, through intedor noise exposuretesting, t ined
incompatible as a result of their exposure to aircraft noise compatible for residential
purposes through the implementation of a Noise Insulation Program ("NIP").
C. Under the NIP, the Airport !II design and install or pay for the installation o
improvements and modifications to the Property Owners Property necessaryto reduce
intedor noise levels at least 5 dB and to bring the averageinterior noise level below
dB in accordance with Federal Aviation Administration policy. Grantingof an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
ill supersede any implied or prescdptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding m the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacity as the owner and operator of the Airport.
E. The aOwner desires to participate in the NIP and has entered into a Property
In t ar natlonaI Airport N1P—Avlgailon Easement(UnR#C207) Page 7 of F
Owner Noise Insulation Agreement with the 130M The BOCC's implementation of the
NIP will benefit the PrDperty 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 noise 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
tIre e, but is currently based on the 2013 Existing Condition Noise Exposure Map
accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013.
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport
Improvernent 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 througl--i the NIP,the receipt and adequacy of which is hereby acknowledged 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
successors 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 with the operation of aircraft over or in the vicinity of the
property, This Easement shall apply to all such aircraft activity at the Airport, prewnt or
future, in whatever form or type, during operation at, on, tD or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easement.
2. This Easement shall be perpetual in nature and shall in 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, ofricers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of a'ction of every kind or nature for which the Property
Owner or its heirs, assigns, or successor's currently have, have in the past possessed,
or vAll in the future possess, as a result of Airport operations or aircraft activities 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.
................
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Key West Intem ado nal Airport NIP—Avigaflon Easement(Unit#C207) Page 2
. This Easement expresslyexcludes to the Property Owner and to the
Property is heirs, assignssuccessors in interest, claims, e n ,
debts, liabilities, s, ' or expert's fee, or causes of action for
physical damage or personal injury caused by any aircraftr part of any aircraftusing
the Easement that does identifiable physis I damage to the propertyr injury o a person
n the propertyi into direct physical contact witha r the person on
the property.
5. Should iter party hereto or any of their successors or assigns in interest retain
counsel to enforce any of the provisionsi r protect its interest in any matter
arising r this Agreement, or to recover damages by reason of anyIIbreach of
any vision of this Agreement, the prevailing party shall be entitled to all costs,
expensesdamages and incurred including, but not limited or y's fees andcosts
incurred in connection therewith, including appell t ion.
6. o provision of this Agreement is to be interpreted for or against'any party becausethat
party or that party'slegal representative drafted such provision. This Agreement shall be
interpreted and construedaccording to thelaws of the StateFlorida.
7, No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
y one breach of any provision of this Agreement shall not be deemed to be a waiver
of anyr breach of the same or any other provision of this Agreement. This Agreement
may be ended only by writteninstrument executed by the parties in interest at the
time of the modification. -in the event that any one o r more covenant, conditionr
provision contained hereinis held Invalid, i t illegal by anycourt tent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall in no way affect, impair or invalidate other provision hereof so long as the
remaining visions do not materially after the rights and obligationsthe parties. I
such condition, covenantr other provision shall be deemed invalid to this scope or
breadth, such covenant, condition or other provision shall be deemed validh t
of the scope or breadth permittedlaw.
8. In the v the AirportII be subdividedinto more than oneI, or the Airport or
portion thereof becomes subject to operation, management or administration
in additionr in lieu the BOCC, then and in that event the parties agree that same
shall not terminate or'otherMsethis t so long as a portion of the Airport
continues to operate for standard airportflight purposes, and that any such successor
in interest to the BOCC shall be entitledto all of the benefits ni the BOCC
hereunder.
Q. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
all costs of maintainingtin un attenuation t ri Is and equipment
installed in the Propertyr on behalf of.the BOCC.
Key west intemeVonal Mrport NIP....AvIgadan Easement(UnIt Page 3 of .
This Easement p)e t is executedof the t first above wiritten.
__ . . _.... ....... ...........� .... ...._m
PRE �; PROPERTY OWNER:
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Signature ��-
Printed Name Printed
j Date 1.Date
STATE OF
COUNTY OF
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The foregoing instrument was acknovAedged before nos this day of ,
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Property Owner Name(s)
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
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Signature
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Signature
Printed Name
STATE OF FLORIDA
COUNTY OF
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The foregoing instrument was acknowledged before me C '., °�' 20
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by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
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K t International Airport ! — to on as a ( nft 07) ( , e....._______e®
lAssrsr ,COUF4~ A V
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This Easement Agreement is executed as of the datei i .
._. ... _._.. _______------------ _.. __. _ROPERTY OWNER: PROPERTY OWNER:
Signature ign tug -"-
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Date Date ,.,.,. .
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STATE OF
COUNTY OF
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Property F wnor Nome(s)
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My Commission Expims J�iy 31,2 119
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WITNESSES: ;`
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STATE OF FLORIDA e
COUNTY OF MONROE
' The foregoing instrument was acknowledged before me Biru v �, b14 �I 20
by� .. n
Mayoras of the Monroeof u Commissioners, y politic andcorporate.
— .... ... __ y Commission Expires:
a.,
Notary Public Signatum
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M P. ; ,_, Fay F
�. .._.._-._._ _._..._._ _...-. _ ..... _ MEROADO
y in maticn i Airport NIP® vig i n Easement Unit � � � �.�� s-
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Address: Key West v the Sea
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Narne(s): Romano&Newbim,
NOISEPROPERTY OWNER INSULATION
KEY WEST INTERNATIONAL AiRpoRT, MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property Owner").
I T N E S S E T :
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property: and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
king 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 s more particularly described on _Exhibit Q attached
hereto (the "Program Improvements"); said Program Improvements to be paid for by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avition 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 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 "Program anger");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
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Owneroise Insulation Agree ent Page l of t
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. , Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the County an avigation
easement (the "Easement') which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
2. PrograMm Pokipy Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed a series of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescribed Program Improvements will be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
& Pqyment of ProgLarn Im ovements. The County agees to pay fo
__pL__ r r
the Program Improvements described in Exhibit C attached hereto. The Program
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
@bJnq Competitive Bid Process. The Property Owner shall not
impede or interfere with the Contractor's ability to select between approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibited from having any
discussion or communication with the Contractor in relation to the Program, the
contractors bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the County in its sole discretion, result in disqualification from the Program and
cancellation of this Agreement.
& Construction Contract. The County will award the contract for the
Program Improvements consistent with Federal and County competitive bidding policies
and procedures. The contract will require the Contractor to complete the Program
Improvements within a time period defined by the Program Manager.
6. Pre- & Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and requirements pertaining io—both pre-construction and post-
construction:
a. Prior to the start of NIP construction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of all furniture and belongings into the "Designated
Storage Space Area" within the condominium, providing the required "clear area" (white
.................... ....................................
Pro r Noise Insulation Agreement Page 2 of 28
space in sketch) r the Contractor, When doing , the Propertyill have the
ability to utilizethe completer to ceiling" space.
Removing l excessive furniture and beI i from
condominium t will notfit i t "Designated r
Removing all window and door treatments ,
plantation staring them in t "Designated
Area",,
RemovingIl electronic and dust-sensitiveitems from their
condominium r wrapping withr t i ly before storingthem in t "Designated
Storage Space Area";
Removinglwall hangings mirrors, i
shelves, .) and storingi "Designated Stor ";
MovingIl small items and belongingsinto either the closetsr
bathrooms tli in t "Designated St t B4
Afterb. completion of the NIPtr i , the Propertyr shall
meet all Post-Construction requirements to i l
( ) Moving of all furniture l i in the
"Designated St r " back to their original positionsin the i i :
Movingi furniture belongings it
the condominium;
( ) Re-installation at all wall treatments, treatments
II hangings back to their original positions in the condominium.
eventc. In the the Propertyr fails to perform any and all of the
above Pre-Construction Pre-Construction responsibilities, the Property Owner shall be removed from NIP
participation the shall be liable t r Contractor for
any and II resulting l[ direct and indirect costsrelated r t .
Ownerd. In the event the Property falls to perform any and all of the
above Post-Construction respi ili i , the Property Owner shall be liable to the
and/orCounty Contractor for any and all resulting Il direct and indirect
costsrelated rt .
7. Impe(LirLa, Construction. n tr i the Program
Improvements begins, t roperty Owner shall , not impede construction alter
construction t . In addition, the Propertyr shall prevent any and all
tenants t may occupy the Propertyduring the constructionthe Program
Improvements from impeding construction r altering construction
event the Propertyr or any tenant occupying the Propertyimpedes constructiont
_..............._ ..... _........................e. ............_ ....................
Proper Noise Insulation Agreement e 3 o Z
alters 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.
. ;Safe„ orinc_Environment. 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.
. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsible r:
(1) Providing a working environment that is free from potential
health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
kind and/or explosives;
(2) Refraining from verbal abuse or profanity;
(3) Refraining from aggressive physical contact; and
( ) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner fails 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( ) 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)
required 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 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 Program process.
. 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
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 revisedif there is a delay in awarding of the contract or if the Program
Improvements have to be re-bid 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.
1 . Chanqes to Scope of Work. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
.._......_.. . . ...... ....... ._�.............
PropaV OwnerNoise Insulation e 4 of 28
sale discretion, at any time during the Programr r t
reduce the scope or quality of the ProgramImprovements ri in .Exhibit
such changes arenecessitated the discoveryi iti t readily
detectablerig normal property inspection r r .
. ,Acceptance of Work. Upon completionthe ProgramImprovements,
Programthe r shall inspect or cause the inspection f the Program
Improvements to determineif they t pursuant to terms of the
contract. Ther C retains solediscretion ut ri program
conformancer they relateh t r, subcontractors,
suppliers acoustic designs. The Propertyner is requested
Substantial Completion Inspection r i input tr in Manager with
respect to the identified punch-list items. In iti , the Prop" r is welcomet
attend the Final Inspection. In the eventt r r elects to not the
Substantial Completion and Final Inspections, they releaser their ability t
provide input to the Construction r with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformancer performance issue, the
OwnerProperty shall be required to submit the discrepancyin writingMonroe
(representative f t within the
inspection i i rise to thei r it then make a
determination ato the acceptabilityh f issue
remedial i that may need to be taken. Monroe County shall be the i arbiter of
any r i . Failure by the Property Owner to submit the
written it within the timeperiod specified shall thereafter foreclose
Property Owner's right to filecomplaint.
. Term in ti ............._ _ a.��. The Property Owner understands that
the signingthis t initiates t ICONSTRUCTION
the Program Improvements to be performed in accordance with the Program.
Therefore, if the r r attempts to terminate this r r otherwise
impedes the progressthe ProgramImprovements after the awa
of the constructioncontract, the Propertyill be liable r any and
all damages and all direct and indirect t thereby.
13. Warranties. u t represent or warrant the level of
noisereduction that the Property Owner will experience withinthe PropertyIt
of the Program r ts performed as part of the Program.
Countya. The r that its contracti the Contractor will include
standard r warranties from the Contractor for all materials and workmanship.
u one-year warranty periodshall commence as of the time the f the
work as providedfor in Paragraph .
b. t the end of construction, the Programr will provide the
Propertyr with a Warranty & Final Closeout Package whichill contain copiesf
the warrantypolicies, t instructions, design documentslegal documents. As
condition receiving the r ireal Closeout Package, the Propertyr
Property Owner Noise Insulation Agreement Page 5 of 28
must first submit a completedNIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements differ among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty issue(s):
(1) The Property Owner's inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maintenance) regardless of whether the Property Owner's inquiry arises during the one-
year warranty period from the Contractor or thereafter;
( ) The Property Owner believes that warranty service i
required with respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty period for the product has
not expired, and the manufacturer is currently conducting its business; and
( ) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
1 . Pre-Existing Deficiencies. The Property Owner will be required to
sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all
responsibility and liability to the Property Owner for any and all present Pre-Existing
Deficiencies at the Property, whether seen or unseen.
1 . Pre-Work-Rpguirements. The Property Owner will be required
to complete any and all Pro-Work, as requiredy the NIP to successfully accommodate
the NIP acoustic modifications. The Propel Owner will be uired to corn l t all
designated Pre-Work items utilizing their own funds and uer the required deadlines as
established b the NIP. In the event the Property Owner fails to complete the
designated Pre-Work items by the established NIP deadline, the Property Owner shall
e removed from NIP 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 thereto.
16. Cite of Key West "Hard-Wired" Smoke Alarm R%qy:® ment. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required to install 1 -volt "hard-wired" smoke alarms in their condominium in
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Property Owner NoiseInsulation nt Page 6 of 2
accordance with all applicable codes and regulations by the required deadline as
established by the NIP. The Property Owner_ ill be responsible to ensure that the
smoke alarms are not installed in same areas within the condominium where NIP
modification work will occur, to avoid any potential img Wance to the NIP construction
process.,
o s. In the event the Property Owner falls to install the designated "hard-wired"
smoke alarms by the established NIP deadline, the Property Owner shall be removed
from NIP participation.
17. Suspension ofPM-gramProcess. The Prognam process may be
temporarily suspended at any time during the design and/or construction phases upon
the discovery of Deficiencies due to their potential impact on the Program
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 manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay and/or stoppages of the work.
18. Limitation on A! tions to the Progeny.. The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existing windows, doors and/or walls from the time of
the Design process until the construction of the Program Improvements have been
.completed. Exceptions to this rule must be pre-approved in writing by the Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect costs associatedwith unapproved alterations and
damages related thereto.
19. Pre and Post Construction Noise Testing Process. Pre- & post-
construction noise testing is a very important Program process that is designed to
measure and determine the actual achieved noise level reduction level at treated
properties. If selected by the Program Manager for pre- & post-construction noise
testing, the Property Owner agrees to provide access to their property for testing and
agrees to not to make alterations to the interior of their property (with the exception of
parrs of Deficiencies) from the mmtime of the pre-construction noise test to the cost-
, ,. , u
construction noise test. In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserve the interior layout of furniture, floor coverings
and window treatments from the time of the pre-construction noise test to the post
construction noise test. The Property Owner understands that the failure to adhere to
this requirement may result in corruption of the noise testing data. Therefore, the
Property Owner understands they may be liable to the County for any direct and indirect
noise testing costs in the event these requirements are not met.
0. Cooperation. As reasonably requested, the Property Owner shall
operate with the Contractor, the Program Manager and Monroe County in the
performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallation of rugs, wall hangings and furniture as necessary.
__. .. ..............
,Property ner Noise Insulation Agreement Page 7 of 28
1. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
22. De si :n and i Process Access. t scheduled times and/or upon
not less than my-four ( ) hours advance notice (via NIP email an or letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and consultants es 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-noise testing and -bid visit. In the event the Property Owner fails to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight ( ) hours prior to the scheduled IP
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 ntruction 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.
. Pre,,,n and Post Construction Access. t scheduled times and/or
e
upon not less than -four O hours advance notice (via NIP email an or letter)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants c ss to the Property to 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 fails to provide access for all
required NIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP 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
thereto.
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 NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction will 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 not to -enter their property for any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner fails to provide access for their
assigned construction time period, the Property Owner shall be removed from NIP
..... _....._ ._
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Propeny Owner Noise Imuladon Agreement Page 8 o 2
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 thereto.
26. Construction Period Extension Due„ to Hurricanes. Sinoe the NIP
construction period will extend into the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of 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 relocate from their
condominium for all additional calendar days resulting from NIP construction work
stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owner fails to provide the required
additional access to their condominium due to hurricane-related work stoppages, the
Property Owner shall be removed from NIP participation and the Property Owner shall
e liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect costs related thereto.
7. Discovery of Pre- xistin ciencies During Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately repair and remediate such deficiencies in an
effort to reduce any negative impact on the scheduled construction period. The Property
Owner understands that, depending on the timing of the pre-existing deficiency repair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
. matt of Unforeseen KWBTS Building Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
may arise during the NIP construction may have the potential to increase the original
scheduled duration of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan for the 'worst-case" possibility that the
originally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arise and complicate the NIP
construction.
. Existing; indo / Door Treatments, Shades and Blinds. The
Property Owner understands that, after the installation of new NIP acoustic window and
doors, the existing window and/or door treatments, shades and blinds may not be
compatible nor able to be re-installed due to size differences between the new and
existing windows and doors.
0. Existing Crown olin During the installation of the new
acoustic windows and doors, the NIP will be providing new "standard" replacement
interior trim and sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown molding patterns and/or custom window
and door trim. After the completion of the NIP modifications, the Property Owner will
have the ability to make modifications to the NIP interior trim at their own expense.
_....................... .._...- -............. ... _._ _ .
Propertyner Noise Insulation e t Page 9 oft
1. Communication Requirements. The Property Owner agrees to
read and review all NIP emails and/or letters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
fails to meet this requirement, it could result in removal from NIP participation.
3 . 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. Coo; qration in_ Clearing Title. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (i) correct any title defects affectingthe Property which are disclosed
y the "Abstract of Title" and in the sole determination of the County may serve to
invalidate the Easement, and (1i) secure the written consent of any and all mortgage
holders to the Property nr's conveyance 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 Property Owner agrees to the following provisions:
. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager and/or Monroe County.
. After final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and operation of
these items.
. eduction of Fresh Air Infiltration. The Property Owner will be
required to sign Exhibit E (Ventilation Hold HarmlessAgreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
. Slvg of Materials & E uinent. 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 for 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 r Noise Insulation Agreement Pa 10 o
of such a written agreement, all items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
7. Property Insurance. During Program construction period, the
Contractor will provide builder's risk insurance for the Property. The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain
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 risk insurance will cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
. Timing and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractors
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the ProgramManager;
the County and its officers, employees, agents, consultants; and contractors and
suppliers 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.
0. Sale of Property. 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 PropsOwner's, responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
1. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construeda , or constitute, a waiver of,
acquiescence in, or consent to any other, further or succeeding ch of the same or
any other term, covenant or condition hereof.
. 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 ( 10 .0 ) to cover the costs of the preparation and
cording of the Release of Easement document in the public records Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order to "clear" the title to the Property.
.. ....... ........ __ ...... ._.. _.......__ ..,.. . _....... . .
Property Noise Insulation Agreement a e 11 o
3. Authority to Execute uOn rBehalf Of Count. By Resolution No. 111-
00 , duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 17th day of March 2004 grant full
authority for the County Administrator to execute this Agreement on behalf of the
County without further action by the Board of County Commissioners.
. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
. Exhibit A: Program Policy Statements.
. Exhibit : Legal Description of Property
c. Exhibit C: Program Improvements.
. Exhibit D: Deficiency Hold Harmless Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
. General Conditions.
a. Goveming Law, Venue, in MF,r r µ,ion Costs and Fees.
(1) This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
(2) In the event that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida.
(3) 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 any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
( ) The County and Property Owner agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
e entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Binding Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
..................... ._.._ .... ... _...............
Property ner Noise Insulation Agreement Page 12 of 28
c. Sever ability If any term, it r provision of this
Agreement ( r the applicationthereof to any circumstancershall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, , conditions and provisionsf this Agreement shall not be affected
thereby; and each remaining , covenant, condition and provision of this r
shall be validshall be enforceableto the fullest extent permittedlaw unlessthe
enforcement of the remaining , covenants, conditions and provisionsthis
Agreement would preventaccomplishment of the original intent of this Agreement.
d. 6gibority. Each party represents rr t to the other that the
execution, delivery and performance of this l authorized ll
Propertynecessary County and r action, as may be requiredI .
a. Duration t. This Agreementshall commence upon the
execution i r rat, subsequent to executiont r and by
the County and shall remain in effect fbr a periodreasonably requiredto effect the
Program t (t "Term"), t as may be sooner terminated
accordancei provisions i t.
f. . Assistancet . The
PropertyCounty and r agree that each shall , and i , empowered to accept for
the benefit of any or all of them, l r t , assistance , or bequests to be used
for the purposes of thisAgreement.
g. Claims for FederalStatei r r
agreethat shall i , empoweredl for, seek, and obtainl and
statefurther the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations the Propertyr shall be
approvedthe prior to submission.
h. Adjudication, i t i_ t
Propertyr r t all disputes disagreements shall be attemptedto be
resolved t and confer sessions between representativesthe parties.
If the. i or issues till notresolved the satisfaction of the i then any
shallparty have the right t such relief remedy as may be providedi
Agreement or by Florida .
I. Nondiscrimination. The r r agree that
there ill be no discriminationagainst any person, and it is expresslythat
upon a determination by a court f competent jurisdiction that discrimination has
occurred, this t ti lly terminates with t any further action
effectiveof any party, the datethe r. The County and Propertyr
agreeto it 11 Federal and Floridatut ll local ordinances,
applicable, relating to nondiscrimination. include but aret limited : ( Title
l of the Civili f (P.L. ) which prohibitsi ri i the
basis , color or national origin; (2) Section 504 of the Rehabilitationf 1973,
as amended ( )@ which prohibitsi ri i tin on the basishandicap;
The Age Discrimination1975, 1which
11-11,11,11111,...... ......_ .... _ _. _ _ ... ...____r.__..............
Property Owner NoiseInsulation Agreement a e 13 of 2
prohibits discrimination on the basis of age; ( ) The Drug Abuse Office And Treatment
Act of 17 ( .L. - 5 ), as amended, relating to nondiscrimination on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 170 (P.L. 1-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, s . 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee- ), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 190 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; ( ) The Florida Civil Rights
Act of 1992, (Chapter 76 , Florida Statutes, and Section 509.092, FloridaStatutes), as
may be amended from time to time, relating to nondiscrimination; (9) The Monroe
County Human Rights Ordinance (Chapter 1314, Article Vill Sections 1 -101 through
1 -130), as may be amended from time to time, relating to nondiscrimination; and (10)
any other nondiscrimination provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooke tiorr. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the 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 representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the termination of this Agreement.
I. 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 performance under this
Agreement, and that only interest of each is to perform and receive benefitss recited
in this Agreement.
. Code of Ethics. The County agrees that the officers and
employees of the County recognize and will be requiredto comply with the standards of
conduct relating to public officers and employees as delineated in Section 112. 1 ,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gift; doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
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Property OwnerNoise Insulation a et Page 14 of 28
Sol icitatigo/Payment. The County and Property Owner warrant
that, in respect to itielfli is neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration,
o. Public Access. The County and Property Owner shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement', and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner, Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall if and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
reI ated to contract performance. 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 enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorney's 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 does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
..............
Property Owner Noise Insulation Agreement Page 15 of28
authorized law for the durationf the contractterm and followingcompletion f the
contractr r does not transfer the records to the County.
( completion h t , transfer, at no cost, to the
County all public records in possessionf the Propertyr or keep and maintain
publicrecords that wouldi he County to perform the service. If the
Propertyr transfers all public records to the completion f the
contract, the Property Owner shall destroy any duplicatepublic that are exempt
r confidential and exempt from publicdisclosure requirements. If the Property
Owner keeps and maintainspublic records upon completionf the contract, the
OwnerProperty shall meet all applicable requirementsr retaining publicAll
records [ r l! t be provided , upon request from the
custodian , in a format that is compatibleit the information
systemstechnology .
} A request to inspect or copy publicrrelating to a County
contract directly the County, but ' the County does not possess the
requestedrecords, the County shall immediately not!fy the PropertyOwner of the
request, and the Propertyr must provide the records to the County or allow
records to be inspected or copied within [ time.
If the Property Owner has questionsregarding the applicationf
Chapter 119, Florida Statutes, to the Propertyr' to providepublic
relating to this contract, i f PublicBradley t
292-3470.
p. Non-Waiver of Immuni . Notwithstanding the provisions .
768-28, Florida t , the participationr r in this
Agreement and the acquisitionf any commercial liability insurance self-
insurance r local government liability insurance pool coverage shall not be
deemed a waiver of immunity the County to the extent of liability r , nor shall
any contract r into by the County be requiredto containr i i for waiver.
q. ri l ii II t privilegesimmunities r
liability; i r laws, ordinances, rules; and pensions and relief, disability,
workers' compensation, r benefits whichI to the activityf officers, agents,
volunteers, r employees of the County, when performingtheir respective functions
under this i hin the territorial limits f the County shall apply to the same
extentdegree and to the performance of such functionsi f such officers,
agents, volunteers, or employees outsideterritorial limb f the County.
r. LUal 0b,Rggtj0§ and Responsibilities- Non-Deiggation
Constitutional construedt i _ i t I t i _, r l it be
, relieving i [ tipg entity from obligation r responsibility
imposed upon the entitylaw except to the extent of actual and timely
thereof by any other participating entity, in whichperformance
in satisfaction of the obligationr responsibility. Further, this Agreement is not intended
to, nor shall it be construed , authorizing the delegationf the constitutional or
statutory ti the , except to the extent permitted by the Floridaconstitution,
......... _
Property OWner Noise Insulation 16 o
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and Property Owner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t. Attestations. The Property Owner agrees to execute such
documents s the County may reasonably require in the performance of the obligations
and duties of the County or Property Owner under this Agreement.
u. No Person No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
v. Execution in Counterparts.. This Agreement may be executed in
any number of counterparts, each of which shall be regardeds an original, all of which
ken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
. Section Headipqs. Section headings have been inserted in this
Agreement r of convenienceof 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 of any provision of this Agreement.
..._ _ _______Y.........
Property n Noise Insulation Agreement u a 17 of 28
IN WITNESS , the Pmperty Owner and the County have
executedthis t as of the day and year first above written.
.
[WiTn'ESSES:
, Tx`f
V
Signature
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igna jre
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d Name
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WITNESSES: PROPERTY OWNER:
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Signature
SignaturePrinted Name
a
Prinked Name
__._...... ...............
MAYOR 1 CHAIRMAN:
VI, O+ , CLERK SLYVI RP
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Deputy leSignature
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Date
Proper&Owner Nobe Inmiation Agreemew _ _ . '* Page 18 of 28
..-
AMSTANT d6UNTY A6TTPPr+lEY
IN WITNESS WHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
...............
W WITN", SES: PROPERTY OWNER:
IT Signs ,rea 0'rinted Name
Printed Name
ftnature
Date
r
7
FRO-Name
............... ........
........................................
........... ..........
WITNESSES: PROPERTY OWNER:
§gnaturi"
iyr!nWd Nama"
Me..... .
gi_g_netu_r Date ..........
............... ..........................
...........................
M0NR0,E,C6qNTY BOARD Or- COUN-ry COMMISSIONERS:
(SeaD MAYOR CHAIRMAN:
KEVIN MADQK CLERK
SLYV Rplly
..............By-
Deputy Clerk Signature
7"q i
te
.........................................................
"M
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Property Owner Noise Insulation Agreement
PEDF46j� Page 18 of 28
AGSW
AW COUNTY ,,,,
PROGRAM POLICY STATEMENTS
Exhibit
PropertyTo
r Noise Insulation Ag
A. Air onition'n General
Restrictions. While providing a new ductless "mini-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
2. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Board policy rules, maintaining a maximum height of 48
inches.
3. All condensate lines will be installed on the building exterior consistent with KWBTS
Board policy rules to ensure the highest level of consistency and building
architectural aesthetics.
4. All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery
Ventilator (EV) ducts will be housed in new vertical wall and corner pilasters which
will be constructed to match the quality of existing walls. The number and locations
of the new vertical wall and corner pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
review this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determined by the Program Manager to be
deficient will be replaced by the Program as a part of the Noise Insulation Program
modifications.
B. Window ill Replacerneft Due to the presence of asbestos, the NIP will provide a
new custom wood surround and sill instead of the existing gypsum board surround. Due
to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.
This revision will be an improvement, while decreasing constriction costs and improving
time efficiencies.
C. Custom Crown Molding, and Baseboards Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originally assumed), which will not
allow sufficient time for the awarded general contractor to secure custom matched
replacement trim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing wood trim flush to the face of the new pilaster or
thru wall c-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard (31 " x 5-7/2") painted wood trim to
abut the existing trim, rather than attempting to match the existing custom trim profiles
and materials. After the completion of the NIP construction, the property owner will
i it - ro Owner Noise Insulation Agreement a 19 o
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. r Threshold Due to stringent Florida hurricane Impact and water
infiltration building codes, all new aluminum acoustical prime entry swinging doors and
sliding glass patio doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water infiltration during
a hurricane.
E. KWBTS Asbestos Testing
s required by state and federal requirements, THC conducted asbestos testing on all
participating KWBTS condominiums in Buildings A, B and C during the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board joint compound, window glazing, and exterior
window and door caulking. In addition, random exterior stucco samples were collected
on both the "walkway" and "courtyard / balcony" building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
removal of portable "through-wall"AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
construction of vertical wall pilasters required for installation of the ductless
AC system & ERV ducts,
construction of closet soffit for installation of the ERV.
F. Asbestos Abatementgui n
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements duringconstruction:
If Mmples show a presenceof 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 A-Prop" n oise InsulationAgreement Page 20 o 2
ff qLarrip1_ how a resence of ACM '1°/®
The NIP contractor will be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency (EPA) to include:
- Construction of ACMnt in nt barriers in all areas (walls, ceilings, closets,
lnos/ oors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting m demolitionprocess) by
certified asbestos abatement staff.
- Air sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement) workers.
- TC will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD AuthorltLRfiDecisions. The KWBTS Board will have the
Authority to make several of the Program designdecisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
. Acoustical Window and Door Operational Styles
. Interior Ductless "Mini-Split"AC System Installation Requirements
. Interior Ductless "Mini-Split""Mini-Split"AC System Interior Saffit Design and Placement
. In-Filled Kitchen Prime Door Policy Treatment
Exhibit A-PropaV Owner Noise Insulation Ara t Page 21 o
LEGAL DESCRIPTION OF PROPERTY
Exhibit
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 07- , CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
370, as amended from time to time, of the Public Records of Monroe County, Florida.
_. _..... ...._....._ _.._ ---................................ .....
Exhibit B-Properly Owner Noise Insulation Agree t Page 22 o 2
PROGRAM IMPROVEMENTS
Exhibit C
T
Homeowner Noise Insulation Agreement
This Exhlbft 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 ( ) decibels.
typical Program Improvement package may include:
a, Architectural Drawings
0 Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
......... . _.. .........................................__... _........... ........__.. _. _...
Exhibit G-Property Owner Noise Imulation Agreement Page 23 of 2
DEFICIENCY
Exhibit
To
Propertyr Noise Insulation Agreement
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") betiveen the County
and Property Owner and to which this E hi k D is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/orcontractor's
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies' against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property t the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
. 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" inor" or"Severe".
5. The Property er assumes full responsibility for the worsening of any
documented inor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified during the design
process, the Property Owner agrees to complete necessary pairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to complete
.
Exhibit D-Property Owner Noise I ulatio e o
necessaryi t 'the Property, to the of the Program Manager to
minimize n delay or stoppages of work.
. The undersignedacknowledge n that all of thele l
harmless and indemnity vi ions set forth in Paragraph 1 of this Exhibit D applyto
damage,property injudes, deaths, or damages arisingt Deficiencies and/or all
negative impacts that l r result after the addition the Program Improvements.
provisions of this Exhibit D shall survive h termination or expiration of the Property
Owner Noise Insulation Agreement.
8. The undersigned that the terms and provisions of this Exhibft
shall binding upon, n inurethebenefit of theand I,� n their respective
heirs, personal representatives, successors and assigns. .. . i,
__ . _ . ..._............ _ _....... ......
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WITNESSES: PROPERTY OWNER:
gig e
' Signature
Prin d Name
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Signature
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Printed Name
WITNESSES: PROPERTY OWNER:
Signature
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Exhibit D-Properry Ovmer Noise Insulation t Page 25 of 28
necessary repairs r , to the acceptance of the Programr to
minimize any dI r stoppages of .
undersigned7. The c Iedge and agree that all of the release I
harmlessindemnity rii in Paragraph1 of thisiiapply to
property , injuries, r damages arisingr the Deficienciesand/or all
negative impacts that later result r the additionr Improvements.
provisions of this l i II survive the terminationr expiration of the Property
Owner Noise Insulation r .
B. The undersigned hereby agree that the terms and provisionsiExhibn
II be bindinginure to the benefit of the undersignedit respective
Keirs, personai representatives, assigns.
_— ____
WITNE, S-ES: PROPERTY OWNER:
n- ircl
Signet
Printed Name 77
Printed Name
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WITNESSES:F PROPERTY OWNER:
into
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WITNESSES: PROPERTY OWNER:
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Signature
Signature
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_.........................._.._........... ..........._ _...... ..................... ...... ..... ...... ...... _.
Erhibit -Property Owneris Insulation e a 2
"VENTILATION HOLD HARMLESS AGREEMENT
Exhibit
T
OwnerProperty Noise Insulation Agreement
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program fbr the Program Improvements to. be made to the Property
described in the Agreement of even date herewith (the "Agreement") between the County
and Property ner and to which this .ExhibN E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, offloers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assigns In connection wfth any and all Ventilation Deficiencies (the "Deficiencies") against
said County or any of its i rs, agents, employees, consultants and/or contractors to be
legally liable.
. 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" air conditioning system. Because
these modifications will 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 ( V) unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
. 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 vent that was designed to allow the passive exhaust of
111111_ _...._._. _......._......... . ._.....
Exhibit E-Noperty Owner Noise Insulation Agreement Page 26 of 28
bathroomit in a central it i t shaft. Duringhdesign
survey process it was discoveredbuildings lack solid central building
exhaust shaft. Due to this ii condition, these original wall v (if stillpresent)
have the potential to provide a pathway for unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing original wall vents in all bathrooms andr any and all negative impacts that
y result if left untreated.
5. It is clearly it in violation to duct laundry r exhaust to the
KWBTS central st shaft. In the eventr has incorrectly u
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correct this iciency by properly exhausting their laundry dryer exhaust in an
alternative that meets current building code, at their cost before the initiation of
the Program construction process. Furthermore, the Propertyr agrees to assume
any and all liability I to the improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the Improvements will not
address kitchen t ventilation and/or excessive interior humidity levels
generated by the Property Owner within the interior of the condominium. The Property
Owner understands ssu s full responsibility for maintenance of interior moisture
and humiditylevels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moistureI and/or interior humidity
levels in the In addition, the Property Owner agrees to assume full
responsibility for the maintenance and operation of the NIPventing modifications r
completion Improvements.
. The undersigned acknowledge and agree that all of the release, hold
harmless and indemnity vision t forth in Paragraph 1 of this Exhibit E apply
injuries, deaths, or damages sustainedin connection with or as a result of any and all
interior ventilation ficii risi r the additionof the Improvements
including, not limited t , high humidity, mold, mildew,-and/or lack r exhaust
ventilation. vi ions of this Exhibit E shall survive the termination or expiration-o
the Property Owner Noise Insulation Agreement.
8. The undersigned that the terms and provisions of this
Exhibit shall be bindingn and inure to t fitof-the', i n their
respective heirs, I representatives, s and- as
4
..... _ ..._.... - ..... ..._ �....�_ ....
"TNE ■ s `
RFERTY OVY"NER:TT
3 r
i
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ature
Signature ,s`,{
W,r "
Signature
Date
PrinW Name
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ix�ib-it - e r oise l tion w. 7
of 28
P1q.
bathroom itr in a central building t shaft. During the Programdesign
survey processit was discoveredthe KWBTS buildingslack a solid central building
exhaust shaft, Due to this existing condition, these original wall vents (if still present)
have the potential to providepathway for unwanted air, smoke and/or gases into the
condominium interior. The PropertyOwner agrees to assume full responsibility for the
sealing of original wall vents in all bathroorns and for any and all negative impacts that
may result if left untreated.
5. It is clearlybuilding code violation to duct laundry dryer exhaust to the
KWBTS central exhaust , In the event a Propertyr has incorrectly
their laundry r vent to the KWBTS central building exhaust , they agree t
correct this deficiency by properlyexhausting their laundry er exhaust in an
alternative mt that meets current buildingt their cost before the initiation f
the Programconstruction sk Furthermore, the PropertyOwner agrees to assume
any and all liability related to the improper i f their laundry r exhaust
PropertyB. The n r understands that the r r Improvements ill not
address kitchenand t rr ventilation r excessive interior humidity levels
generated bthe PropertyOwner within the interior af the condominium. The Property
Ownerand assumes full responsibility for maintenance of interior moisture
and humidity levels. The Propertyr agrees to assume full responsibility for any
occurrence, r rrn r worsening of moisture problemsn r interior humidity
levels in the Property. In addition, the Property Owner agrees to assume full
responsibility for the maintenanceoperation of the NIPventing ii tI
completion of the ProgramImprovements.
a The undersigned acknledge and agree that all of the release, hold
harmless and indeninity provisionsset forth in Paragraph f of this Exhibit E applyt
injuries, deaths, or damages sustainedin connection withr as a result of any and all
interior ventilation deficienciesarising ft r the addition of the ProgramImprovements
including, t not limited t , high humidity, -mold, lI , n r lack of proper exhaust
ventilation, The provisions of this ,Ekh1bit -_ shall survive the termination or expiration of
the Propertyr Noise Insulation Agr nt.
8. The undersigned r that the terms andr ii o f this
Exhibitll be bindingupon and inure to the benefit af the undersigned and their
Fe-- i� heirs, personal representatives, successors i n .
InN
ignat We
� r i
t
Printed Name
ISignatumDate
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ii E-Prod Noise uli Agreement Page 27 of28
4,
..... _.._. -
IT PROPERTY OWNER:
Signatu
Sign at u _� --------
rin Name
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Printed Name
Signature
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Printed Name
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WITNESSES: PROPERTY OWNER:
Signature
Signature
........
Printed Name
Printed Name
Signature
l7
Prn Name
__ ........._ .... .................. ........... _ .............
Exhibit E-Property OwnerNoise insulation a e 28 of2