09/18/2019 Agreement/Easement-C207S �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
Heather
NIP Assistant ] n r RCCOrdcd 4t2l/202011: 1 of 4
THC, Inc.
710 Daculai 1 S
cl , GA 30019Filed is Official Records of
AVIGATION EASEMENT
Key t International Airport
Noise insulation Program
THIS EASEMENT AGREEMENT is enteredinto this Pry
® by " perty
I ':, i r ��s "tDertl
r," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
boy politic and corporate, hereinafter to as " ."
RECITALS:
A. The Property Owner is the fee simple titleholder to CertainI property(ut a ')
located in Monroe County, Florida, rtic i ri described follows:
Condominiumnit No. 207 -C, CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together it an undivided interest in the common elements, according to the
Declaration of Condominium thereof, in Official Records Book , Page 370, amended
from time to time, of the Public Records of Monroe County, Florida.
also identified street address: " 4 S. RooseveltBlvd., Unit C207S"
B. The BOCC is the owner and operatorofInternational i ("the Airport") and
desires to make propertiesthat, through interior noise exposure testing, in
incompatible as a result of their exposure to aircraftnoise compatible for residential
purposes through the implementation oise Insulation Program (" I ").
C. Underthe NIP, t i ill design and install or pay for the installation
improvements and modifi ion to the is Property necessary to reduce
interior noise levels least 5 dB and to bring the averageinterior noise level below
dB in accordanceit I Aviation Administrationpolicy. Granting of an Avigation
Easement ("Easement") is a BOCC conditionparticipation in the I . The Easement
ill supersede any implied r prescriptive easementsthat the BOCC mayhave obtained
under applicable laws.
fundingD. The for said I ill include funding from the UnitedStates Government
pursuant the Airport and AirwayImprovement 1982, and will include funding
from the BOCC, acting in its capacity as the owner and operator of the Airport.
E. The Property Owner desires to participatein the NIP and has entered into a Property
Key W International Al' _�..... �e _�__.......®.._._ � ........
rport NIP Avig on Eas t(Unit 207S) Page 1 of 4
Owner Noise Insulation ent with t 's implementation of the
NIP will benefit the Property Owner and the Property by providing certain i I sound
attenuation t ion on all eligible residential structures on the necessary
to achieve a reduction in DNL indoor noise levels t least 5 dB and bring the average
interior noise level l in accordance with ! Aviation Administration
policy.
F, The Property Owner fully understands thatf li iility could change a future
time, but is currently the 2013 Existing Conditionof
accepted by the Federal Aviation Administration ("t u) on December 19, 2013.
G. The NIP will be administeredin accordance withr 5100.38, it
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on as hereinafter set forth.
NOW THEREFORE,for and in considerationof the improvements to be madethe Subject
Property through the I ,the receipt and adequacy of whichis hereby acknowledged by both
parties, in considerationincorporation into this vi ti t of the recitals
#forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the PropertyOwner and its heirs, assignsn II
successors in interest, does hereby grant, bargain, sell and conveyto the , its
successors sins, a perpetual avigation easement over the property. The use
of the Easement II include right to generatei noise to cause other
effects as may be associated with the operation i over or in the vicinity of the
property. This Easement shall apply to all such aircraft activityAirport, present or
future, in whatever fbrm or type, duringoperation t, o , to or from the Airport, it being
the intent of thei t all such Airportactivity shall be deemed to be included
withinthe purviewthis Easement.
. This Easement shall be perpetual in natureshall bind and run with the title to the
property and I!run to the benefitthe BOCC or its successor in interest s owner and
operator of the Airport.
. The Property Owner an behalfthe Property Owner, its heirs, assigns and successors
in interest, does hereby releaseII related parties ,
including not limited to BOCC members, officers, managers, t , servants,
employees and lessees, y and all claims, n s, damages, debts, liabilities,
costs, attorney's fees orattorney' causes of action of everykind or nature for which the Property
Owner or its heirs, assigns, or successors currently , have in the past possessed,
r will in the future possess, as a result of Airportoperations or aircraft activities and
noise levels l e to or generated by Airportactivity, or may hereafter have as a result
of use of thisEasement, including but not limited to damage to the above-mentioned
property r contiguous property due to noise, and other effects of the operation of th
Airport r of aircraft landing or taking t the Airport.
Key West International Airport NIP—Avigstion Easement(Unit 07 ) Page 2 of
. This Easement expressly excludes and reserves to the Property Owner and to the
Property Owners heirs, assigns successors in interest, claims, demands,
debts, liabilities, costs, attorneys' or 's fee, or causes of action for
physical damage or personal injury n i r part of any aircraftusing
the Easement that does identifiable phi I damage to ther injury to a person
on the property by cominginto direct physical contact it the r the person on
the
Should5. i er party heretor any of their successors or assigns in interest retain
counsel to enforce any of the provisionsin or protect its interest in any matter
arising r this Agreement,or to recover damages by reason of any allegedh o
any ion of this Agreement, the prevailingpay shall be entitledo all costs,
expensesdamages and incurred including, ut not limited y's fees and costs
incurred in connection therewith, including appell t ion.
provision this Agreement is to be interpreted for or against any party because that
party r t legal representative draftedsuch provision. This Agreement shall be
interpreted and construedaccording o the laws of the State of Florida.
7. No breach of any provision of this t may be waivedl in writing. Waiver of
any one breach of anyvision of this Agreement shall not be deemed to be a waiver
of any other breach of the same or any other provision of this Agreement. This Agreement
y be amendedonly by written instrument c the parties in interest at the
time of the modification. In the eventt any one or more covenant, condition or
provision i in is heldinvalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severable the remainder is Agreement
and shall in no way affect, impair or invalidate th r provision hereof so long as the
remaining visions do not materially alter the rights andobligations 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 provisions II be deemed valid t
of the c r breadth permittedlaw.
8. In the event i shall be subdividedinto more than one parcel, or the Airport or
portion thereof becomes subject to operation, management or administration by a party
in additionto or in lieu of the , then and in that event the parties agree that same
shall not terminate or otherwise i t so long as a portion of the Airport
continues to operate for standard airportflight purposes, n that any such successor
in interest to the BOCC shall be entitledto all of the fits running to the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingtin any sound attenuation materials and equipment
installed in the Property by or on behalf of the BOCC.
--- _ _.......�.......... _._._
Key t In atio I Airport NIP-Avl tion E ent(Unit 07S) Page 3 of
This Easement Agreement is executedfirst .
_ .__.
OWNER:PROPERTY OWNER: PROPERTY
Signature Signature
A ,�
Printed Printed Nam®
DataSTATE OF
.a
COUNTY C
The foregoing Instrumentwas acknoWedged before me this
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Propwty Owner Nam
I Public
yComm e J L Wandos
try uP bile Signaturey I aea2
E�irae 0W21*021
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MONROE COUNTY ®BOARD OF COUNTY COMMISSIONERS:
WITNESSES: AY :
tore
_ 1, Mure
u �
t
Prin r :.
Signature
;n
I Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
. _..,
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H„
The foregoing instrument was acknowledged before me 20
by „� m,
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
.... ... y Commission Expires:
ry Public Sl..n
r -f l
T'FINN PO ;
Key West International Airport NIP—Avlgetian Easement(Unit#C2osk�5'T --. ®� � Page 4 of 4
I —ADO
, 1!K' CQUNTY Ar 1FihI
h
Address: Kev West by the Sea
' o.:
Name(s): Liberatm
INSULATIONPROPERTY OWNER NOISE
Y WEsT INTERNATIONAL T, MONROE COUNTY
THIS NOISEINSULATION (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 :
the Property Owner is the sole record owner in fee simple of
certain al property located in the City of Key West, County of Monroe, to of Florida,
and more particularly described on Eghlbit B attached hereto (t p ); and
WHEREAS, the County is the owner n operator of the Key West
International Airport (t i o ), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property; and
the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's oise Insulation Program (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularlyscribed on Exhibit-Cattached
hereto (the "Program Improvements"); said Program Improvements to be paidr by the
County t no cost to the PropertyOwner and in exchange for the granting to the County
of an avigation easement over, across and through the Property, and
the County will enter into a construction contract witha
general contractor (the " ont or') to providethe installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consistingof
team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County(the uProgram 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, covenantsand
conditions set forth herein, and other good andvaluable consideration, the receipt and
_._...m_........
Noise Insulation t page l of a
sufficiency f which are hereby acknowledged, r and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and deliveredto the Countyvi i
easement (t " ) which Easement has been recorded in the public records
f Monroe County, Florida. The Easementins in full force ande n i
hereby ratified in all respects.
2. Program P�pljoy_Statements. Consistenti t for
Federal Aviation AdministrationAirport Improvement lici s and procedures,
Managerthe Program has developedseries Policy outlining
construction and eligibilityrestrictions. The Property Owner understands h
prescdbed Program Improvements ill be consistent withthe Program Policy
Statements i to the Property Owner by the Program Manager. A copy of the
Program Policy is attached hereto as Exhibit A.
3. Payment of Program ImFjoypments. The County agreesto pay for
the Program Improvements cri a in Exhibit attachedhereto. The Program
Improvements ill v r and County, the
Manager,Program and performedContractor.
4. Impeding Competitive Bid Process. TheProperty Owner shall not
impede or interfere it the Contractor'sability to selectbetween approved
subcontractorsmanufacturers and in the preparationi i I . To insure a
competitive i vi n nt, the Property Owner is prohibitedfrom having y
discussion r communication with the Contractor in relation , the
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failurethe Property Owner to complyit this vision shall, at the option
of the Countyin its sole discretion, It in disqualificationthe Program and
cancellation of thi .
Construction Contract. The Countyill award the contract for' the
Program Improvements nsitent with Federal and Countycompetitive bidding olici
procedures.and The contractill require the Contractor to complete the Program
Improvements iti time period fin the Program Manager.
- &_ Post- oust ion nibilii s r shall
meet II responsibilities and requirementspertaining to both pre-construction and post-
construction:
a. Prior to the start of NIP construction, the Property Owner shall meet
II ion requirements to include:
(1) Removing all valuables (such jewelry, coins, guns,
antiques, heirlooms, etc.)from their condominium;
( ) Moving of all furniture and belongings into t "Designated
Storagewithin condominium, vii the required "clear " (white
... .....
Noperty Owner NoW InsuladonAgreement Page 2 of 2
space ins etch) for the Contractor. When doingOwner will have the
ability to utilizelet oor to ceiling" space.
( ) Removing of all excessive furniturebelongings the
condominium that will.not fit in the "Designated Storage Spa ";
{ } Removing all window and door treatments (such as blinds,
plantation rs, etc.) storingt in the "Designated
Area";
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping with protective polystoring them in t "Designated
Storage Space
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, c.) and storing in t "Designated a ";
( ) Moving all small items andbelongings into either the closets or
bathroomsli in the i at t Sketch"
Afterb. completion of the NIPconstruction, the Property Owner shall
meet it Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated c to their original positions in the condominium:
( ) Moving of any excessive furniturebelongings back into
the condominium;
( ) Re-installation of all wall treatments, door treatments
II hangings back to their original positions in thecondominium.
. In the event the Property Owner falls to perform any and all of the
above - ru ion responsibilities, the Property Owner shall be removedI
participation the Propertyr shall be liable the and/or Contractor for
any and II resulting damages and all direct and indirect ts related thereto.
. In the event the Property Owner falls to perform any and all of the
aboveost- t ion responsibilities, the Property Owner shall be liable h
County for Contractor for any andII resulting damages andII direct and indirect
costsI t thereto.
. Impeding „n ion. Once construction of the Program
Improvements ins, the Property Owner shall not impede t ion or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenantsthat may occupy the Property duringthe construction of the Program
Improvements from impeding n ion or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
Rropeny Owner Noise Insuladon Agreement Page3 of2
altersn t ion schedule, the Property Owner shall be liable o the Contractor
and the County for any damages and all direct and indirect ts related thereto.
8. Safe Working, . The Property Owner shall be responsible
for providing a safe working environmentr the r, Contractor,
subcontractors, suppliers, iCounty, t n I inspectors.
. Throughout all phases of design and construction of the Program
Improvements, r shall be responsible for:
(1) Providing a workingenvironment that is free from potential
health risks, blohazard conditions, s chemicals, obstacles,
kin for explosives;
( ) Refraining from verbal rprofanity;
( ) Refraining from aggressivephysicalcontact; and
( ) Insuring that all pets are completely sec i .
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program process may, at the County'sdiscretion, be temporarily
suspended t any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating theiv i ( ) and/orcondition(s) required to be
completed r performed by the Property Owner prior to the County resuming
process.Program
c. In theevent the Program processis not resumed due to the
Property is failure to completeivaction(s) and/or n itio ( )
requiredr, the r shall be liable to the County
and/or Contractor for any and all damages and all direct and indirect s related
thereto.
d. If the Program processis 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 the temporary suspension of the Program process.
Construction Delay . During the construction period, the Contractor
may experience unforeseen complic do 1 tin to the installation of the Program
Improvements. st i shall provide that delaysrelated to these
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the timefor completion may reasonably be extended. Construction schedules
may also be revisedif there is a delayin awardingor if the Program
Improvements hav t re-bid in the event of lack of biddingoand/or failure
of the lowest responsive, responsible bidder to execute the contract, provide
and performance bond r show proof of requiredinsurance.
1 . Changes to Scope_o Work'. The Program Manager reserves the right
to make changes to the plans and specifi ions and the Program Improvements, t its
�....... ..
Owner Noise Insulation Agreement Page 4 of 28
sole discretion, at any time during c v! such changes o not
reduce the scope or quality of the Program Improvements ecrib in Exhibit and
such changes necessitated h discovery of hiddenconditions not readily
detectable duringnormal property inspection procedures.
11. Acceptance of Work. Upon completion of the Program Improvements,
the Manager shall inspect or cause the inspection of the Program
Improvements to det i if they were completed pursuan terms of the
contract. The Program Manager retains sole discretion and authority
conformance n n issues as they relateContractor, subcontractors,
suppliers acoustic designs. The Propertyr is requestedto attend the
Substantial Completion Inspection vi input to the Construction Manager with
respect to theidentified punch-list items. In addition, the Owner is welcomet
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they releasesurrender their ability t
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the v is a disagreementthe Property
Owner and the Program Manager as to a conformance or performance issue, the
Property Owner shall be requiredto submitthe discrepancy in writingto Monroe County
(representative the NIPconstruction ) within 7 days of the
inspection giving rise to the discrepancy. Monroe County shall then make a
determination ato the acceptabilitynfo c 1 n issue and any
remedial action that may need to be taken. Monroe CountyII be the final arbiter of
any conforrnancelperformance/issues. Failure by the Property Owner to submit the
written complaint 'thin the i riospecified v shall thereafter foreclose the
Property Owners right to file such complaint.
1 . Termination pf_Agreement. The Property Owner understands that
the signingthis t initiates both the BIDn I f
the Program Improvements in accordance withthe Program.
Therefore, if the r attempts to terminate this Agreement or otherwise
impedes the progress of the performance of theImprovements after the
of the construction contract, the Property Owner will be liable the County for any and
II damages and all direct and indirect u thereby.
13. Warranties. The County doesnot represent or warrant the level of
noise reduction that the Property Owner will experience withinthe Property as a result
f the Program Improvements as part of the .
. The Countythat its contractit nt r will include
standard one (1) yyear warranties from the Contractor for all materials and workmanship.
Such r warranty pedodshall commence as of the time the cc the
work s provided for in Paragraph 9.
b. At the and of construction, the r will provide the
OwnerProperty with a WarrantyFinal Closeout Package which will contain copieso
the warranty policies, instructions, design documents and legal documents.
condition receiving the Warranty & Final Closeout Package, the Property Owner
NoisePrqpen�v Owner l ' n Agreement Page 5 of 2
must fi submit leted NIP Propertyr Satisfaction Survey to the Program
Manager. After receiving the WarrantyFinal Closeout Package, the Property Owner
understands that the warranty policies r products used in the construction of the
Program Improvements i t among product manufacturers. In the eventf claim, the
OwnerProperty is solelyn i le for pursuing all future product warranty issues
directly ch product manufacturer.
. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly o
coordinate any requiredmy service andto look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of II product or construction warranty issu (s):
(1) The Property Owners inquiry is not directly related to either
construction warranties or product warranties (such. as windowcleaning or product
maintenance) regardless of whether the Property Owners inquiry rises during tone-
year warranty periodfrom the Contractor or r;
( ) The Property Owner believes that warrantyi
requiredto construction warranty issues, the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is requiredit
respect to productissues, the advertisedperiod for the product has
not expired, and the manufacturer is currently conducting its business; and
( ) The Property Owner believes that service is requiredit
respect to product warrantyissues, the advertised warrantyperiod for the product
has expired.
14. Pre-ExistingDeficiencies. Owner ill b i t
sin t (be-
mm ficie--ncy Hold Harmlesst) which will impute II
responsibility liability o the Property Owner for any and all present Pre-Existing
Deficiencies the Property, whether seen or unseen.
15. - u r Dui Property r illrequired
to completey and all Pro-Work, as requiredy the NIPo successfully accommodate
the NIP acoustic modifications. The PmpArty *,Owner will be reguiredt ill Il.
ign ted Pre-Work items utilizing their own funs and per the i ,deadlines
established bv the NIP. In the event the p ner falls to complete the
designated Pre-Work items by the established NIP deadline, the Property Owner shall
be removed from NIPparticipation and the Property Owner shall be liable to the
and/or Contractor for any and all resulting damages and all direct and indirect
related .
16. Cityof t "Hard-Wired" tt ok Iarm Reguirement. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Departmention permit issuance requirements, the Property Owner will be
requiredinstall 120-volt "h - alarms in their condominium i
�.._ _.._
Peop
e ise InsuladonAgreement Page 6 of2
accordance with all applicable codes and regulationsthe required ll
established the I r_u--wIlI_be res
smoke alarms are not installed in same areas within # i i � I
i ill r, ,..j... t ti I impedance
_ to the NIPr f ..........r. I .
�m�.,process. I # t # fit install designated " "
I the li I deadline, the r shall be removed
from NIP participation.
I _ f Proc tam Process. The Program process may be
emporarily suspended at any time during the I r construction phases upon
the discovery of Deficienciesto their potential impact on the Program
Improvements tles. The Program process vilil not resume until the
Property Owner has corrected all related problemsto the ti f i f the Prograrn
Manager. In the event repairs are not completed in a timely nn r, the Property
Owner will be liable to the n for any and all damages and all direct andindirect
costs due to delay and/or stoppages of the work.
. Limitation . to the-_ � r
agrees not to alterations, or to it tenant occupyingny portion of the
Propertyto It t to the existingi r for walls fromthe time f
the Designtil the constructionof the rat
completed. Exceptionsto this I in writing by the Program
Manager. Failure to adhere to this requirement # the optionf the Program
Manager in its sole discretion, It in an immediate I f the rr t i f
the Program Improvements on the Property. The 'll be liable to the
Countyfor all directindirect tassociatedith uriapproved alterationsand
damages related thereto.
post-
construction noisetesting is a very important Program process thati i t
measure and determine the 1 achieved noiselevel reduction level at treated
properties. If selected by the Program Managerf post-construction I
testing, the Property Owner agrees to provide access to their property for testing n
agrees to not # make alterationsto the interior f their property (with the exception of
repairs of from xthe time of the - t E _. ._noisetest t the t-
1 n noise t� . In an effortto insure consistent noise datall 1 , the
OwnerProperty also agreas to the interior l t offrit
windowand treatments frorn the time of the pre-construction ppi t t # t
construction ,u noise test. r that the
failure- # t
this requirement
It in corruptionof the i testing the
OwnerProperty understands they rnay be liable to the r any directindirect
noise testing in the event these requirementsnot met.
20. ti - ,. As reasonablyrequested, the ll
cooperate with the rat t , the r and Monroe County in the
performancef all phases oft Improvements including, but notlimited t ,
the removal and reinstallationf rugs, wall hangings and furniture
........
P�,qperty Oumer Noise Page 7o2
. Ufflitles. The Property Owner shall permit the nt t r to use, at
no cost to the Contractor or the County, i tinutilities light, heat, power and
water necessary to carry out the Improvements,
Design22. ld Process Access. At scheduled times r upon
not less than twenty-four notice , the
Property Owner agrees to provideto the Program Manager, Contractor, subcontractors,
suppliers, n t t federal inspectors andconsultants to the
Property to collectI ll final design and biddocuments. These visits could
include, but not be limited t W hazardous material
inspection, n -n i testing pre-bid 1 . In the n the r falls t
provideto the Property for all required NIPl i visits, the
OwnerProperty shall be removed from 141P participation.
Pre-Construction23. a The Property Owner agrees to provide
access t "-eight hours prior to the scheduledstart of NIP
construction. This short visit will provide the Manager it the ability to ensure
that the Property Owner has met all furniture n I ilities. Fallure could
cult in the suspensionf the scheduled I construction and the r shall
be liable to the County and/or Contractor'-for any and all resulting damages and all direct
and indirect ts mlated thereto.
® Pre and Post Constructiont scheduled times r
upon not ntwenty-four l hours advancenotice r
and r the establishedNIP constructionl I nt, the Property Owner
agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, it
County, State andfederal inspectors n nl nt the Property to provide
I required NIPt nd Post-Construction vl it . These visitscould
include, but not be limitedto final measurement, pre-construction ins i n% review of
Designated t i w n , post construction inspections and post-
construction noise testing. In the event the Owner falls w i r all
requiredl t Construction visits, the Owner shall be removed
from NIPparticipation and the Owner shall be liable to the n and/or
Contractor for any andII resulting damages and all direct andindirect t related
thereto.
Construction ri -- Access. Upon award of NIP construction
contract, the Contractor will provide the manager with their final construction
schedule, which 'll include the required number of calendar days to completethe I
construction in each of the participatingcondominiums. this schedule, the
Program Mn ilI assign each Property Owner with a designatedr of
calendar in which construction will occur in their condominium. TheProperty
Owner agrees to relocate from their condominium fbr the entire assigned time period. In
addition, the n n r agrees not °l re-enter their property fbr any n during
their assigned construction period due to safety concernsthe potential to negatively
impact the Contractor. In the event the PropertyOwner falls to providefor their
assigned n t ti n 'time period, the Property Owner shall be removed from NIP
.... ........ ............. _.......
Amopeny Owner No lad' nt Page
participation erty Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct andindirect I t thereto.
26. Construction Period Extensionto Hurricanes. Sincethe NIP
construction period will extend into the Key West hurricane e is potential for
construction delays and/ors s, beyond the control of the Contractor, in the event
of a threat of anap chin / r an actual hurricane v t. Due to this
possibility, the Property Owner understands that delaysy occur in addition to their
originally asin tr ion time period, without y fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocateit
condominium r all additional calendar days resultingI ion work
stoppages due to a hurricanethreat or event at no cost to the County, Contractor and/or
Manager.Program In the event the r falls to providethe required
additional access to their condominium due to hurricane-related work stoppages, the
OwnerProperty shall be removedfrom NIPparticipation the Property Owner shall
be liable to the Countyand/or Contractor for any and all resulting damages andII direct
and indirect sts related thereto.
7. Discow, Yof - xistinti DeficienciesDuring Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negativelyimpact the installation of the NIPimprovements,
the Property Owner agrees to immediately repait and remediatesuch deficiencies in an
effort to reduce any negativeimpact on the scheduledconstruction period. The Property
Owner understands that, dependingon the timingf the pro-existing ici crepair,
the NIPion period may need to be extended, at no fault of the Program
Manager or Contractor.
28. Impact of Unforeseen KWBTS 13WIding-Conditions on Construction
Schedule. erty Owner understands that unforeseenbuilding n itions that
may arise during I r ion may havethe potential to increase the original
scheduledion of construction, which is not the fault of the Program Manager nor
Contractor. The PropertyOwner needs to planfor t 'worst-case" possibility that the
originally-scheduled con ion completion date may be delayediti n l days
due to unforeseen building conditions that may arisen li the NIP
construction.
istin it 0 1 or T t nts h s and -Blinds'. The
Property Owner understands that, after the installation of new NIP acoustic window and
doors, the existing window and/or door treatments, es and blindsnot be
compatible nor able t re-Installed u size differences between now and
existing windows doors.
30. i ti .2 Crown Molding. During the installation of the new
acoustic windows andI ill be providing "standard" replacement
interior trim and sills. The Property Owner understands that the NIPreplacement trim
ill not match custom /or specialized crown moldingpatternsand/or custom window
and door trim. After the completionthe NIPo ific tio , the Property Owner will
have ill to make modificationsthe NIPinterior trim their own expense.
�_ --------------------
Aropeny Owner Noise Insuladon Agreement Page 9 of 28
31. Communicafiqg_Requirements. The Property Owner agrees t
read and review II NIP emalls for letters in a timely iwhich are being
provided the NIPto ensurel c . In the event the Property Owner
falls to meet this requirement, it couldl in removal from NIPparticipation.
. Title� Examination,. The Program Manager has obtainedr Will
obtain, t its solecost andn "Abstract of Title" to ensurethat the Property
title is free from liens for title defects.
i i I ring_ Title. Prior to the commencement o
construction of the Program Improvements, the Property Owner shall cooperate withthe
County in order to (i) correct any title i the Property which are disclosed
"Abstractby the Title" and in the soledetermination of the Countye t
invalidate (i!) secure the written consent f any and all mortgage
holderso the Property Owners conveyance of the Easement to the County if the
County i that it is necessary or desirable to do so ( Ile iv 1 , the "Title
Matters"). I , prior to the commencement of construction of the Improvements,
the County, in its solediscretion, determines that the Title Matters affecting
may invalidate , this Agreement shall be null and Vold, the Easement
shall be terminated.
34. Federal uAssurance. As requiredby the Federal Aviation
Administration, the Property Owner agrees to the followingvision
a. The Property Owner shall subject the construction work on the
projectto such inspection and approval during the construction of the Program
Improvements er completion of the Program Improvements as may reasonably
requestedbe the Program Manager and/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance and operation items
installed, r constructed under this Agreement. Neither the Federal Aviation
Administrationnor the Countyn onsi ill for maintenance and operation
these items.
35. Reduction of Fresh Air Infiltration. The Property Owner will be
required sin Exhibit E (Ventilation Hof I ) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture
humidity levels.
36. Iv rae of Materials _& EAulpment. If Ownerdesires
to retainy of the material or equipment removedthe Property as a resultthe
Program Improvements, tProperty Owner shall arrange for the salvage said
materials and equipment directly withContractor at the Property OwnersI risk
expense.and The County assumes no responsibilityr the conditionf the material,
equipment r surrounding surfaces as a result of the owner-requestedsalvage. The
OwnerProperty and the Contractor shall, prior to the commencement construction,
agree upon and executedocument listing those items to be salvaged. In the absence
_. _.. ......._________....... .....
NoiseImulation Agmement Page 10 oft
f such a writtenII items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the PropertyOwner shall become the
property of the Contractor.
„...,u..,ur During Program construction period,
the
Contractor ill provide builder's risk insurance r the Property. The Property Owner
shall have the option, t the Property Ownees sole cost and expense, to maintain
homeowner's insurance li r the duration of theion of the
Improvements. r understands that, followingfinal completion, the
Contractor's builder's risk insurance will cease, and it is advisablefor the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
. i n p d Efflectg of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve tial inconvenience an could t i i t
quantities of dustdebris rendering ions of the Property uninhabitabler
extended periods of time.
3 . Labor and Material Release. The a n r releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County its officers, employees, agents, consultants; and contractors
suppliers i a issues relatingto the conformancelabor, materials and
acoustic designs utilizedin the Program Improvements. otin in this paragraph shall
limit i for materials and workmanshipin in the contract with
general contractor.
40. Sale of Propft. In the eventOwner sells, conveys or
otherwise transfers title the Property before the completion II phases of the
process,Program the Property Owner hereby agrees to provide the buyer with
of this Agreement prior to the closing on the sale, conveyance or other transfer, and
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.
1. Waiver. iv r of, acquiescence in, or consent to any breach of
term,any ve nt or condition h II be construed , or constitute, a waiver of,
acquiescence i , or consent to any other, further or succeeding breach of the same or
any other , covenant r condition .
'Release42. of Easement. In the event that this Agreement i
cancelled r the Countydetermines that the Easement should be released ,
the Property Owner, upon written request by the County, shall pay to the County h
sum of One Hundred Dollars ( 1 ) to cover the costs of the tin and
recordingof the I f Easement documentin the public records of Monroe
County, Florida. Property Owner understands that it is the Property Ownees
responsibility insure sucht is made in order to "clear" the title
PeopeHy Owner Noise Insulation Agreementa 11 of 28
43. Authorltv to Execute On Behalf Of_ ounBy Resolution . 111-
duly motioned s at a lawfully npublic meeting, the Board o
County Commissioners nroe County, did, on the 17th day of March 2004, grant full
authority r the CountyAdministrator to execute this behalf of the
County it r action by the County i si .
. Attachments. Attachmentsto this Agreement include the following,
which are incorporated into this greement by reference.
a. Exhibit Policy Statements.
b. Exhibit : Legal Description of Property
c. Exhibit C: Program Improvements.
d. Exhibit : Deficiency ofHarmless Agreement
e. Exhibit : Ventilation HoldHarmless Agreement
General45. Conditions.
a. Governing Law, Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be govemedn t i
accordanceith the Laws of the StateFloridali Ie to contracts made and to b
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceedingis instituted r the enforcement or interpretation this nt, the
County and Property Owner agree that venue ill lie in therite court or before
appropriatethe ii iv in Monroe County, Florida.
( ) The CountyProperty r agree that, in the event
conflicting interpretations the r or a term of this Agreement by or between any of
them, the issue shall be submittedto mediation pdor to the institution of any other
administrative or legal proceeding.
( ) The CountyOwner agree that in the event any
cause of ion or administrative proceedingis initiated r defended by any
relative to the enforcement or interpretation f this Agreement, the prevailingshall
be entitled to reasonables' fees, court , investigative, and out-of-pocket
s an award againstnon-prevailing party. Medi ion proceedings
initiated n this et shall be in accordancei
Floridai s of Civil Procedure and usual and customary proceduresi the
circuit oun .
. Binding Effect. terrns, covenants, conditions, and provisions of
this II bind and inure to the benefit of the County andProperty Owner
and their respective legal representatives, successors, and assigns.
._.._... ............._...........
_ _...._ _. _... ® �..............._.
Propeny r Noise Imuladon Agmement Pdge 12 of t
c. a very lity,a If any term, covenant, condition or provision of this
Agreement ( r the applicationto anycircumstance r n) shall be declared
invalid r unenforceable to anyextent by a court of competentjurisdiction, the remaining
terms, covenants, conditions visions of this Agreement shall not be affected
thereby; and eachremaining r v t, condition and provision of this Agreement
shall be valid and shall be enforceableto the fullest extent permitted by law unless the
enforcement inin terms, covenants, conditions and provisions of this
wouldAgreement vaccomplishment of the original intent of this Agreement.
. Agthority. Eachparty represents and warrantsto the other that
execution, delivery and performancethis t have been duly'authorized y all
necessary County r action, as may be requiredlaw.
e. Duration ofMrsement. 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 periodreasonably i to effect the
Program Improvements (t "), except as may be sooner terminated i
accordance with the provisions of this Agreement.
f. Acceptance of Gifts. nt , Assistance Funds, or Bequests. The
Countyner agree that eachshall be, and i , empowered to acceptfor
the fit of any or all of them, i is funds, or bequests to be used
for the purposes of this Agreement.
Claimsg. for Federal or State Aid. The Countyn ner
agree that each shall be, and is, empowered to applyr, seek, andobtain federal and
state funs to further the purpose of this Agreement, provided that all applications,
requests, grant proposals, and funding lici io the r shall b
approvedthe Countyr to submission.
h. Adiudlcatlon of P:1spqyte
2r i e nts
. The County
OwnerProperty agree that all disputes and disagreements shall be attemptedo be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue r issues are still not resolved to the satisfaction the parties, then any
party II have the right to seek such relief or remedy as may be providedthis
Agreement r by Floridalaw.
i. Nondiscrimination. The County andr agree that
there will be no discriminationi y person, and it is expressly understood that
upon a determinationcompetent jurisdiction that discrimination has
occurred, this a i Il terminates wio further action on the part
of y party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida. statutes, and all local ordinances, as
applicable, I tin to nond iscri m!nation. These include but are not limited : (1) Title
I of the Civil Rights Act of 1 ( . - ) which prohibits discrimination on the
basis of race, color or national origin, ( ) Section 504 of the Rehabilitation Act of 1973,
as amended ( U.S.C. s. ), which prohibits discrimination on the basis of handicap;
( ) The Age Discrimination Act of 1975, as amended ( 101- 1 ), which
_...._.
Propeny Ommer NoLmtlo a t Page
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. lating to nondiacdm!nation on the basis of
dnig abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C� 290 dd-3 and 290 ee-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. & 1201 Note), as may be amended frorn time to
time, relating to nond iscdm Mation on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Flodda 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 iscrim ire ation 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 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
shaII 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 ortheir authorized representatives
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 1br four years
fbilowing 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 Wth its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
® Code of Ethics. The County agrees that the officers and
employees of the County recognize and will be required to comply with the standardsof
conduct relating to public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
. ..................... -—----------
Ptopeny O�mer Noise Imulation Agrmment Page 14 of 28
n, NoSolicitation/Payment._ _ The County and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bonafide l i solely for it, to solicit or secure this a n
and that it has not paidr agreed to pay any person, company, corporation, individual,
r finn, other than a bonafide to i solely for i , any fee, commission,
percentage, i , 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 CountyII have the right to terminate this Agreement without
liability its discretion, to offset from monies , or otherwise recover, the full
amount of such fee, commission, i , or consideration.
o. Public Access. The Countyr shall allow
permitI t , and inspection of, all documents, papers, letters, or other
materials sj o the provisions of Chapter 119, Florida Statutes, and made or
received the Countyy Owner in conjunction with this
Countyshall have the right to unilaterally I this Agreement upon violation is
provision by the Property Owner. Public Records Compliance. r must
complyit Floridau lic records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution f Florida. The County and
Property Owner shall allow and permit reasonable access to, andinspection of, all
documents, a , letters or other "public materials in its possession
r under its control subject to the provisions of Chapter 119, Floridatutand made
r received by the Countyr in conjunction with this contract
relatedc . The County shall have the eight to unilaterally canceI
this contract upon violation of thisvision by the Property Owner. Failure of the
Propertyr to abidethis vision shall be deemed a material
breachthis contract and the Countyy enforce the terms of this provision in the
form of a court proceedingshall, as a prevailingentitled to reimbursement
of II attorney's fees and costs associated witht proceeding. This provision shall
survive y termination or expiration of the contract.
The Property Owner is encouraged to consult with its advisors about
Floridali Law in order to comply ih this provision.
Pursuantt . 119.0701 and the terms and conditions of this
contract, the Property Owner is requiredto:
(1) Keep and maintainpublic records that would be requiredy the
County the service.
( ) Upon receipt from theoun custodian of records, provide the
Countythe requestedor allow the records to be inspected or
copied it i reasonable i that does not exceed the cost providedin this
chapter or as otherwiseprovided law.
( ) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirementsnot disclosed except
PtopeHy er o' lati n nt e 15 oft
authorized law for the durationf the and following l tl f the
contractif the r does not transfer the w to the aunty.
completion of the t , transfer, at no cost, to the
County all public records in possessionf the Owner or keep and maintain
public records that would be requiredthe County to perform the service. If the
OwnerProperty transfers all public records to the County upon completionf the
contract, the Property Owner shall destroy any duplicatelip records that are exempt
or confidential and exempt from public records disclosurerequirements. If the Property
Owner keeps and maintainspublic l tl f the contract, the
Propertyr shall meet all applicable requirementsr retaining public records. All
storedrecords l tw wi ll t be providedthe County, upon request from the
custodian of records, in a fbrmat that is compatibleit the Information
requesttechnology systems of the County.
tD inspect or copy publicrelating to a County
requestedcontract must be made directly to the County, but if the County does not possess the
, the n h ll Immediately not the Property Owner of the
request, and the p r must providethe records to the County or allow the
records to be inspected or copied withinreasonable time.
If the p Owner has tlons regarding the application of
Chapter 119, Flodda Statutes, to the Property w to provide public
relating to this t the Custodianf Public Records, BdanI t
292-3470.
p. Non-Waiver f lmmunitL Notwithstandingthe provisions f Sec.
Florida768.28, t tut the participationf the Countyin this
Agreement and the acquisitionf any commercial liability insurance coverage, self-
insurancecoverage, r local government liability insurance pool coverage shall not be
waiverdeemed a of immunity the to the extent of liability r shall
any tw-act entered into by the l to containl i n for waiver.
q. ® it s and ge I— ti All f t privileges immunities from
liability; tin f I I , and rules; i li f, disability,
workers' n ti , and other benefits which apply to the activity f officers, agents,
volunteers, pl f the County, when performingtheir respective functions
under this t within the terdtorial limits f the County shall apply to the sarne
degree and extent to the performance of suchfunctions to f such officers,
agents, volunteers, or employeest the terTltorlal limits f the County.
rm Legal Obligations and .0 ,w l @1t1 °, l i f
Constitutional r Sj@L4oa Duties. This Agreementis of intended t , nor shall it be
construed , relieving any participatingentity from any obligationr responsibility
imposed upon the tit by law except to the extent of actual and timely performance
thereof by any other participating erntl , in whichthe may be offered
in satisfaction of the obligation r responsibility. Further, this n w°t is not intended
to, nor shall it be construed , authorizing the delegation f the tit tl l or
statutoryti f the , except to the extent permitted by the Florida constitution,
PtopeM Owner Noise Imulation Agreement Page 16
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida totes®
s. Non-Reliance n-Partles. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or aftempt 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 inforrn, 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, interior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t. Aftestations. 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 Property Owner under this Agreement.
® No Persongl L rgy.ab No covenant r t t o agreemen cona ined i
heren
L_L
shall to be a covenant or agreement of any member, o,fficer, 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 Qounteg.,)arts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
w. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
...... ......... — —----- -——----------------
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PeopmV Owner Noise Inmiation Agrwment Page 17 of28
IN WITNESS , the Property Owner and the County have
executed this n the day and year first above written.
........
WIT
S. PROPERTY OWNER:
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WITNESSES: PROPERTY OWNER:
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Signature
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M0NR0E,-C-0tJ-R1TY BOARD F COUNTY COMMISSIONERS:
MAYOR
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VI Oi , CLERK SLXVIA ¢r 1PHY
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DeputyClerk Signature
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� , Noise In=1ation Agreemewd.MERCADO �` =Page 18 oft
ASS
Data .ate
PROGRAM POLICY STATEMENTS
Exhibit
NoiseTo
Property Owner l i
A. Air Conditioning; GeneraI Restrictions. While providing a new ductless "mini-
split" AC systemto 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. II refrigerant lines (running from the balcony condensin unit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining a maximumheight of 48
inches.
3. II condensate lines will be installed the building exterior consistent with
Boardpolicy rules to ensure the highest level of consistency and building
architectural aesthetics.
4. All interior AC lines (refterant, condensate, le I) and Energy Recovery
Ventilator ( V) ducts will be housed in new vertical wall and comer pilasters which
ill be constructedc the quality of existing ll . The number and locations
of the now vertical wall and comer pilasters ill differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Designvie tin .
5. Only electrical service panels that are determined by the Program Manager to be
deficient will be replacedthe Program as a part of the Noise Insulation Program
modifications.
B. Window Sill Replacement. Dueto the presence of asbestos, the NIPill provide
now custom o u and and sill instead of the existing board surTound.
to this revised plan, existing custom sills (marble, n! d) will not be replaced.
This revision will be an improvement, it ec sin constriction costs and improving
time ici ci s.
C. Custom Crown ictiong
The new asbestos abatement requirements will restrict the abilityto remove existing
custom trim and baseboard prior to construction ( s originally assumed), which will not
allow u ici nt time lbr the awarded general contractor to securecustom matched
replacement trim. Therefore, existing crown moldings, all trim, and base, the
contractor will, instead, cut the existing trim flush to the face of the new pilaster or
thru wall inll. At new pilaster locations n , if the thru wall ac ifill abuts the existing
baseboards, the contractor will install a standard ( " x 5-1121 painted wood trim t
abut the existing trim, rather than attempting to match the existing custom trim files
and materials. After the completion of the NIP construction, the property owner will
Exhibit -Property Owner Noise Imulation Agmement Page 19 of 28
have the option to replacethe installed trimit other custom trimmatch the existing
materials and profiles.
D. _Door Thresholdi to stringent Florida hurricaneimpact andter
infiltration it in des, all new aluminumacoustical prime entryswinging
sliding lass patio doors will have thresholds that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds are designedto
provide optimum # ion to the interior of a condominiumfrom water infiltration during
hurricane.
E. KW13TS Asbestos Testing
As required state and federal requirements, THC conductedt testing all
participating ndo iniu in Buildings A, B andC during the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condominium include gypsum board joint pound, window glazing, and exterior
window door caulking. In addition, random, exterior stucco lcollected
on both the ' l yr' and mcourtyard / balcony" building elevations.
Depending n the laboratory analysis f these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
windowov I and acoustic window installation,
- door removal and acoustic door installation,
oval of portable "t - II" AC units n the ifilli openings,
calling cuts requiredr installation of the ductless AC,
II cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters requiredr installation of the ductless
AC system s,
construction of closet soffit fbr installation of the ERV.
F. Asbestos Abatement Requirements
In the event any samples show presence f asbestos containingmaterial (ACM), the
awarded NIP contractor will be requiredto perforTnthe following abatement
requirements during construction:
If samples show a presence of ACM a 1%®
The NIP contractor will be required to comply it r safety requirements
include r respirators, l curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum c!eaners in the areas where surfaces chipped, cut
and/or sanded.
_ .._ .. _... ��
Exhibit -AroperV Omer Molse Imulation 4nement Page 20 of 28
If s l s nce of �1°
The NIP contractor will be required to perform full asbestos abatement procedures
directedy the Environmental Protection Agency(EPA)to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, closets,
i s), approximately 4 feet from all walls and areas impacted
the I modifications.
Abatement and baggingC (resulting litin ) by
certified asbestos abatement .
ir sampling of containment areas andclearance all areas by certified
asbestos abatement to allow accessto containmenttraditional
(non-abatement) workers.
- THC will be requiredprovide executive oversight of all ACM abatement
processes in all condominiums throughout the NIPconstruction process to
ensure r compliance with federal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction peflod and increasing the sequencing
and coordination qui f contractor crews.
Given the cost to provide required asbestosabatement u s, the FAA
ill require THC to develop a designn construction plan that minimizes the
disturbance to ensurethe minimizationof construction costs,
duration, liability to the contractor and KWBTS property owners. This plan
ill result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority lgn Decisions. The KWBTS Board will have the
Authority to makeseveral of the Program designdecisions include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window andr Operational Styles
4. I t dor Ductless "Mini-Split" AC System Installation Ra ui n
. Intedor Ductless "Mini-Spilir AC SystemInterior Soffilt Design andIce
6. In-Filled icn Prime Door Policy Treatment
itt A- Noise1 t' n Agreeme—nt Page 21 of 28
DESCRIPTIONLEGAL
Exhibit
NoiseTo
Homeowner ! i
Condominium Unit No. 207 , CORAL BAY GARDENS OF KEY WEST BY THE
SEA, a condominium, together with an undivided interest in the commonelements,
according to the Declaration of Condominium thereof, recordedin Official Records
589, Page , as amended from timeto time, of the Public Records of Monroe County,
Florida.
Exhibit -Property Ommer NoiseI t' n Agreement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhlbff C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
a Architectural Drawings
a Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
............ -—-----——------------------
Exhibit C-PeopwV Owner Noise Insulation Agreement Pap 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
NoiseTO
Property Owner l i
1. In partial consideration of the compensationto be paidn behalf of the
County the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith ( h "Agreement") between the County
and Property Owner and to whichthis Exhibit Q is attached, the undersigned, fbr and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assignsthe undersigned, forever releases, remises, discharges, indemnifles and
covenantsto sue, institute claims against, or institute any proceedings against, the
County, or any of Its agents, i , employees, nsu n and/or contractors
concerningall claims, demands, damages, actions or causes of action of
whatsoever kind and nature on accountof bodily injuries r death, damage to the property,
and the consequences thereof, and anyof the foregoing which may accrue to the
undersigned r their respective heirs, personal representatives, successors and assignsi
connection i ll Pre-Existing Deficiencies "Deficiencies") ain i
County r any of its officers, agents, employees, nsu is and/or contractors to be
legally liable.
. The r understands and assumes full responsibility for the
Deficiencies t in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the Deficiencies include any
deficiencies present in the Propertyt the time of execution of this Agreement which could
include, but not be limited violations, structural damage, water 1 moisture
damage, hazardous materials, infestation and/or any issue that would negativelyimpact
the installation and performance of the Improvements.
. If visible, the Property Owner understands that the Program Manager may
identify n document Deficiencies any time throughout the Program process
(including i i construction ). If identified and documented, the
ManagerProgram will classify served Deficiencies as either"Minor" or" v ".
. The Property Owner assumes full responsiblifty for the worseningof any
documented it Deficiencies.
6. In theevent "Severe" Deficiencies are identified during the design
process, the PropertyOwner agrees to completec i to the Property, to
the acceptance of the Program Manager, as a preconditionthe commencement of
construction of the Program Improvements. In the rare eventthat "Severe" Deficiencies
are uncovered rin the construction period, the Property Owner agrees to complete
f -Propeny Owner NoiseInsulation Agreement Page
necessaryiProperty, to the acceptance of the Program Manager to
minimize I r stoppages of work.
. The undersignedI that all of the releasel
harmless indemnity visi s set forth in Paragraph 9 of this Exhibit Q applyt
damage,property injuries, deaths, or damages arisingh iienci s for all
negative impacts that later ult after the additionof the Program Improvements. The
provisions of this .Exhibit Q shall survive the termination or expiration of the Property
Owner Noise Insulation Agreement.
8. The under-signedunder-signed hereby agree that the terms andvisions of this=Exhibit
_ shall be binding upon, and inure to the benefit of the undersigned and their respective
heirs, I representatives, successors and assigns.
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Bichibit D-Prolwly OwnerD Insulation en 5 of 2
VENTILATION
Exhibit
OwnerTo
Property Noise Insulation
1. In partial consideiration of the compensationto be paidn behalf of the
County and the Program r the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") a the County
and Property Owner and to which this Exhibft E is attached, the undersigned, for and on
behalf of the undersigned andthe heirs, personal representatives, successors, and
assigns of the undersigned, ver releases, remlses, discharges, indemnifies n
covenantsnot to sue, institute claims against, or institute ins against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes f action of
whatsoever kind and natureaccount of bodily injuries or death, damage to the
pmperty and the consequences thereof, and anyf the foregoing hick may accrue t
the undersigned or their respective heirs, personal representatives, successors
assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against
said or any of its officem, agents, employees, consultantsr contractors to b
legally liable.
. The Program Improvements may include the addition uti I
windows ando v I and infilling of "t h- all" portable air conditioner units
and the additionf a replacement ductless "mini-split' air conditioning system. use
these modificationsill result in a tighter interior environment due to the elimination of
II passive inside / outside air leakage t was naturally occurring in all openings, the
Program ill also include the addition of a energy cove ventilation ( ) unit which
will pmvide an adequate exchange of inside / outside air to the condominium as
required building code.
3. Given the tightened interior environment of the treated condominium, the
Propertyner agrees to assume full responsibility for the proper operation of the new
Program ductless AC systemn n y recovery ventilation ( ) unit to avoidthe
potential for mold andmoisture problems, specially dudng periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the will not be providing
bathroom exhaust fan treatments. Sincet tubsand/or showers are a source
moisture ene ti in the Interior environment of a condominium, the Property Owner
agrees to assume full responsibility fbr ensudng that all bathrooms have an operable
bathroomexhaust fan capable p fly exhausting bathroom moistureto the exterior
al"the building. It should also be noted that the original KWBTS condominiums were
constructed With all wall vent that was designed to allow the passive exhaust of
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it - e ri r o' 1 'on Agreement Page 26 oft
bathroomoit in a central building exhaust shaft. Duringthe Program design
survey process it was discoveredthe MISTS buildings lack a solidI building
exhaustto thisexisting iti , these original wall vents (if still )
have the t i I to provide a pathwayfor unwanted air, s for gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing original wall vents in all bathrooms and for any and all negative impacts that
may It if left untreated.
. It is clearlybuilding violation to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly
their laundry r vent to the KWBTS central building exhaust , they agree to
correctthis deficiency by properly exhausting their laundry dryer exhaust in an
alternative that meets current buildingcode, at their cost before the initiation of
the ion process. Furthermore, the er agrees to assume
any and II liability I the improper ducting of their laundry r exhaust.
Owner6. The Property understands that the Program Improvements will not
address kitchen and bathroom ventilation for excessive Interior i i levels
generatedr within the Interior of the condominium. The Property
Owner understands and assumesfull responsibility for maintenance of Interior moisture
and humidity levels. rt r agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moistureproblems and/or Interior humidity
levels in the . In addition, the Property Owner agrees to assume full
responsibility r the maintenanceoperation the I venting ' is tins after
completion the Improvements.
. The undersignedacknowledge ll of the release, hot
harm less and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply t
injuries, , or damages sustained in connection with or as a result of anyn Il
interior ventilation defii nci ri i r the addition of the Program Improvements
including, not limited , high humidity, of it for lack r exhaust
ventilation. vi ions of this Exhibit E shall survive the termination or expiration
the Property Owner Noise Insulation .
8. The undersigned t the terms and provisions of this
Exhibit E shall be bindingn inure to the it of the undersigned their
respective heirs, I representatives, successors and assigns.
WIT SPROPERTY OWNER:
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i it - lti t Page 2 7 of 28
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