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
r
Heather s
NIP Aselstantj r 1 .A 11;14
THC, Inc.
10 l s
., it 1 Filedo
Dacula, GA 30019
AVIGATION EASEMENT
Key West International it
Noise
THIS EASEMENT AGREEMENT is entered into this L f
_11, by" ", hereini o as"the Property Owner,"41r
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and
corporate, in r referred to as
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("theProperty")
located in Monroe County, Florida, o iclarldescribed as follows:
Unit No. 1 - , 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, recorded in Official Records Book 589, Page 370, as amended from time to time,AND THE
Condominium Plans as recordedin Graphics Book 1, of the Public Records of Monroe County,
Florida.
also identified as street : 112601 S. RooseveltI "
B. The BOCC is the owner and operator of Key West Interriational Airport("t i ort") and
desires to make propertiesthat, through interior noise exposuretesting, determined
incompatible s a result of their exposure to aircraft noise compatible for residential
purposes through the implementation of a Noi Insulation ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements an o ific io to the Propertyr' rty necessary to reduce
interior noise levels at least 5 dB and to bringthe averageinterior noise level below
in accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement (" t") is a BOCCcondition of participation in the NIP. The Easement
ill supersede any implied or prescriptive easements that the BOCChave obtained
under applicablei .
D. The funding u r said NIPill include funding the Unitedtat v t
pursuant the Airport and AirwayImprovement 1982, and will Include in
from the BOCC, actingin its capacity ner and operator of the Airport.
.� ........ . ® _
Key West International Airport NIP—AvIgation E (Unit 212) Page 1 of
PropertyE. The Owner desires to participatein the NIPhas enteredinto a Property
Owner Noise Insulation i the ' implementation
NIP will benefit the Property Owner and the Property by providing i it sound
attenuati on construction alleligible u o thenecessary
t v chi ion in DNL indoor noise levels of at least 5 dB and bringaverage
interior noise level below in accordance withI Aviation Administration
policy. .
F. The Property Owner fully understands that the NIP !i i ilit l change at some future
time, t is currently bas n the 2013 Existing ConditioniExposure Map.
accepted y the Federal Aviation Administration (mthe ") on December 19, 2013.
G. The NIP will be administeredin accordance withthe current r 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NIP,the i is is hereby acknowledged by both
parties, in considerationincorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalfthe Property Owner and its heirs, assigns and all
successorsin interest, o , bargain, sell and convey to the BOCC, its
successorsssi perpetual avigation easement over the . The
of the Easement shall include right to generate and emit noise o cause other
effects as y be associatedit the operation of aircraftover or in the vicinity of the
property. This Easement shall apply to all such aircraft activity t the Airport, r
in whatever ibrm or type, duringoperation , on, to or from the Airport, it being
the intent of the partiesthat all such Airport activityII be deemedo be included
within the purviewthis Easement.
2. This Easement shall be perpetual in nature n shall bind and run withthe title
propertyand II run to the benefit of the r its successorininterest as owner and
o for of the Alt .
3. The PropertyOwner on behalfof the Property Owner, its heirs, assigns
in interest, does hereby releasethe BOCC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, managers, ,
employeesn lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heirs, ssi , or successors currently v , have in the past possessed,
r will in the future possess, as a resultAirport operations or aircraft activities
noise levels I t to or generated by Airportactivity, or may hereafter have as a result
of use i , including not limited to damage to the above-mentioned
property r contiguous property due to noise, other effects of the operationthe
_........................ _.® ...................... .
t International AIrport NIP—Avlgation Easement(Unit 212) Page 2 of
Airport r of aircraftlanding or taking t the Airport.
. This Easement expresslyexcludes and reserves tote Property Owner and to the
Property Owners helm, assignssuccessors in interest, claims, demands,
damages, debts, liabilities, cos ' or expert's fee, or causes of action for
physical damage or personal injury caused i or part of any aircraftusing
the Easement that identifiable ph is I damage to ther injury to a person
n the property by cominginto direct physical contact withthe property or the n on
property.the
Should5. ither party hereto or any of their successors or assigns in interest retain
counsel to enforcey of the provisionsi t protect its interest in any matter
arising underthis Agreement,orto recoverdamages; y reason of anyallegedbreach
any vision of this Agreement, the prevailingshall be entitledto all costs,
expensesdamages and incurred including, t not limited to, attorney's feesattorney' costs
incurred in connection therewith, including II ion.
provision of thisr e nt is to be interpreted for or against any party because that
party r that s legal representative drafted such provision. This Agreement shall be
interpreted construed accordingto the laws of the State of Florida.
7, No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
any one breach of any provision 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
amendedmay be only by written instrument executed by the parties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained herein is hold invalid, i t illegal by any court of competent
jurisdiction, the same shall be deemed severable from the remainder f this Agreement
and shall in no way affect, impalror invalidate other provision hereof so long as the
remaining provisions do not materially alter the rights and obligations of the parties. I
such condition, or other provision shall be deemed invalid u this scope or
breadth, such covenant, condition or other provision shall be deemed valid the extent
of the scope or breadth permittedbylaw.
8. In the eventthe Airportshall be subdivided into more than one parcel, or the Airportt
portion thereof becomes subjectto operation, management or administration by a party
in addition to or in lieu of the BOCC, then and in that event the partiesthat same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airport flight purposes, andthat anysuch successor
in interest to the BOCC shall be en' titled to all of the benefits running to the BOCC
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
all costs of maintaining and operatingy sound attenuationt ri I nequipment
installed in the Property by or on behalfthe BOCC.
t Intsmational Airport NIP-AvIgation Easement(unit 12)p __._.... Page 3 of
This Easement.AqreemAwit is executedi .
m. a,q�jre¥ -...�m __..+ .... ..�,,... ., ..., .. ..—.. — ......... ,aat
Pt
PROPERTY OWNER:
s1,z , -■
a- y
WF # n
n ^`
.f �F Signature
Printed Name Printed Name
J�
Date
STAI'E OF,
20.3'he foregoingInstrument was acknovAedgedbefore this dayc i. ��
bl �! a
Prop" r Name(s)
A` 'Ofe Nc fary Dumb Soft of FWklm
Jesaiba-L Wallow
rc € s !►
My Commies€ M Cam t�3
r,I ry Public Signature 0 1
g
........ .... . ........ . ...
C O OF OCOMMISSIONERS:
WITNESSES: MAYOR:
/17
Signature
-
Printed Name
PrinSignature ted Naga.
9
e�
Da
Printed Name
tl
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of _, 20
b
s Mayor of the Monroe CountyCounty Commissioners, politic and corporate.
Y Commission Expires:
Notary Public Signature -
Key West International Airport NIP—AvI ation Easement(Unit#C212) � ��,r�:rCt�UNW I r liY Page 4 of 4
Address: Key West by the Sea
Unit No.: C212
Nmne(s): Romano
PROPERTY OWNER NOISE INSULATION AGREEMENT
THIS NOISE I (this r is made and
effectivet below writtenmunicipal
corporationi existing r the laws of the Stateo (t "County),
and the I ( r").
WHEREAS, the owner in i I
certainI property located in the Cityt, County of Monroe, State of Florida,
and more particularly described on ExhIbIt B attached her ( " ); and
the County is the owner and operator of the Key West
International Airport (t 'w i ), situated in the Cityf Key West, County of Monroe,
StateI t and in close proximityto the and
Property;
WHEREAS, the County desires to obtainr the use and
benefit of the publict of free and unobstructedflight for aircraft landing ,
takingabout the i ; and
OwnerWHEREAS, the Property has elected to participatein the Key West
International i Insulation Program ( ") R as part of the
OwnerProgram, the Property has electedto obtainacoustical treatments
improvements to the Property as more particularlydescribed
hereto ( "Program Improvemente); said Program Improvements to be paid for by the
Countyt to the Property Owner and in exchange for the granting
of an avigation easement over, across and through
WHEREAS, the County will enter into a constructioni
contractorgeneral ( "Contractor') to providethe installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultanttconsisting of
managera team and assistant manager, architect, mechanical / electrical engineer,
acoustician nd construction manager selected ( );
and
WHEREAS, the Property Owner and the County mutually to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditionsi herein;
THEREFORE, in considerationthe terms,
conditions t forth , and other good and valuableI 1 ¢ the recelpt and
Owner Noise Insulation Agreement Page 1 of 28
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree s follows:
1. 'Grant of Easement, Simultaneously with the executionof this
Agreement, the Property Owner executed and deliveredto the County n avigation
easement (the "Easement') hich Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force andeffect and is
hereby ratified in all respects.
Mgrarn PolicyStatements._ it t with t for
Federal Aviation AdministrationAirport Improvement lii procedures,
the Program Manager has developedseries licoutlining
construction and eligibilityrestrictions. The Property Owner understands that
prescribed Improvements ill be consistent with the Program Policy
Statements vi to the Property Owner by the Program Manager. A coy of the
Program Policy Statements is attachedExhibit .
3. Payment o Program Improvements. The County agrees to pay for
Improvementsthe Prognam scribe in Exhibit Q attachedhereto. The Program
Improvements will be approvedthe Property Owner and County, n y the
Program Manager, and performedr.
4. Impeding _ ti iv id Process. The Property Owner shall not
impede or interfere wit t is ability to select between approved
manufacturers and subcontractorsin the preparationbid u i Is. To insure a
competitive id environment, the Property Owner is prohibited from having
discussion or communication withthe Contractor in relation to the Program, the
contractors i , or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to complyi this provision shall, at the option
of the County in its solei i n, result in disqualification from the Program and
cancellation this Agreement.
5. Construction Contract. The Countyill award the contractr the
ProgramImprovements cons! nt with Federal and County competitivebidding policies
procedures.and The contract will require the Contractor to complete the Program
Improvements within a time period defined r.
Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and requirements pertaining to both pre-oonstruction and post-
construction:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, .)from their condominium;
( ) Moving of all furniture n belongings into t "Designated
Storagewithin the condominium, providing the required "clear " (white
.__ _.._........... ... ... _ ........_... _.
Noiseltio t Page 2 of 28
space in sketch) for the Contractor. When doings , the Property Owner will have the
ability utilize complete r to ceiling" space.
( ) Removing of all excessive furniture Ion i
condominium ill not fit in the "Designated Storagec ";
( ) Removing all window anddoor treatments (such as blinds,
plantation , etc.) storingi "Designated to
Area";
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withprotective lstoring i "Designated
StorageC ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, .) and storingin the uDesignated Storage ";
( ) Moving all small items andbelongings into either thel r
bathrooms as outlined i "Designated c "
Afterb. completion of the ! t ion, the Property Owner shall
meet II Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated " back to their original positions in the condominium:
( ) Moving of any excessivefurniture. l ins back into
the condominium;
( ) Re-installation of all wall. treatments, oor treatments
II hangings back to their original positions in the condominium.
c. In the eventfalls o perform any and all of the
abovePro-Construction responsibilities, the Property Owner shall be removedI
participation and r shall be liable the County and/or Contractor for
any and all resulting damages and all direct and indirect I .
. In the event the Property Owner falls to perform any and all of the
aboves - r ion responsibilities, the Property Owner shall be liable
Countyfor Contractor for any and all resulting damages and all direct and indirect
costs related thereto.
. Impeding on ion. Once construction of the Program
Improvements begi , the Property Owner shall not impede construction' or alter
construction schedules.' In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property duringthe constructionof the Program
Improvements impeding ion or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
.. _ .... _.._ _......................._....
Property Owner Noise Insulation a Page 3 oft
alters the construction schedule, the Property Owner shall be liable the Contractor
the County for any damages and all direct and indirect t I t thereto.
8. Safe Worldrig Environment. The Property Owner shall be responsible
for providing r ing enAronmfor the Program Manager, Contractor,
subcontractors, suppHers, and City, County, State and federal inspectors.
a. Throughout all Phases of design and constructionof the Program
Improvements, the Property Owner shall be responsible fbr:
t) Providing a workingr m rat that is free from potenbal
health risks, biohazard conditions, hazardous m W , obstacles, weapons of any
kind andlor u ;
Refrainingfrom verbal abuse orprofanity;
Refraining from sip physicalcontact;
Insuring that all pets are completelyn u
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program process may, at the County'si t n, be temporarily
suspended t any time. In such event, the Program Manager shall notify the Property
Owner in wdUng, stating the i and/or condition(s) required to be
completedr performed by the Property Owner prior to the nt resuming the
process.Program
. In the rat the Program process is not resumed due to the
Property Owner's faUure to complete the corrective i and/or condition(s
and/orrequired by the Program Manager, the Property Owner shall be liable to the County
Contractor for any and allall oir indirect is related
thereto.
d. If the Program process is resumed, the PropertyOwner.shall be
liable to the County and/or Contractor forn ll damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction ,.„ ql W During the constructionperiod, the Contractor
may p rie complications l tln to the installation the Program
Improvements. The constructioncontract shall provide that delays relatedthese
unforeseen m p i tions are beyond the control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contractr ff the Program
Improvements have to be re-Wd in the event of lack of biddingcontractorsand/or failure
of the lowest responsive, iW i r to executethe contract, providerat
and performance bondr show proof of requiredinsurance.
10. Changes to Sgpp . The Program Manager,reserves the right
to make changes to the plans and specificationsand the Program Improvements, at its
_....................- .. _ __ .__.__.......
Prop"Owner Noise Insulation t Page 4 of28
sole discretion, t any time during the Program process, providedn t
reduce the scope or qualitythe Program Improvements iExhibit C and
such changes are necessitated t i f n conditions t readily
detectable ri normal r inspection r .
f. Acceotance -_fWork. Upon completionf the PrograrnImprovements,
the Programr shall i r t inspection f the r
Improvements t determine if they were completed at to the terms of the
contract. r retains solediscretion t rr
conformance and performance issues as they relateto the Contractor, subcontractors,
suppliers tip designs. The Property Owner is requestedto aftend the
Substantial I t Inspection input to the Construction 't
respect to the identified rich-ll t Iterns. In addition, the Propertyr is welcomet
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial I tI n and Final Inspections, they releasen n their ability t
provideinput to the Constructionr 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 perfbrrnance issue,
OwnerProperty shall be required it the ii in writingto MonroeCounty
(representative the NIP construction ' I f the
inspection giving rise to the discrepancy. shall then make a
determination ato the acceptabilityf the confonnance/performanoeissue and
remedial action that may need to be taken. Morime Countyshall be the final arbiter of
any confc)i'mance/perforTnancetissues. Failurethe Property Owner to submitthe
written complaint within the timeshall thereafter foreclose the
Property Owners Nght to fileI I t.
12. Termination f Agreement. The Propertyn that
the signingof this Agreement initiates t the BIDI f
the Program Improvements to be performed in accordance withthe Program.
it ttie Property Owner aftempts to terminate this rat or otherwise
impedes the progress oft r of the Improvements after the
f the constructioncontract, the Property Owner YAII be liable to the Countyr any and
II damages and all direct andindirect t thereby.
.noise reduction t Warranties, h t t represent r rat t level f
tt r vAll experience within the Property as a result
of the ProgramImprovements the Program.
a. The County that its contract withthe Contractorill include
standardr warranties from the Contractorf r all materials and workmanship.
Such one-yearwarranty period shall commence as oft time the acceptance oft
work as providedfor in Paragraph 9.
the end of construction, the Program Manager will provide the
Property Owner with a WarrantyFinal Closeout Package whichIII contain copies
the warrantyi i , product instructions, desi t documents and legal documents. As
condition of receiving the r° i I Closeout Package, the Property Owner
—_—..... ........ _ _............................ ......_........... .......
Owner Noise Inndation Agmement Page 5 of2
must first submit a completedI rty Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, r
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 my issues
directly ih each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agreesto contactthe Contractor or product manufacturer directly t
coordinate any required warranty serviceto look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty i ( ):
(1) The Property Ownees inquiry is not directly relatedto either
construction warranties or product warranties (such as window cleaning r product
maintenance) regardless of whether the Property Owners inquiry rises during the one-
year warranty periodthe Contractor or thereafter;
( ) The Property Owner be lieves that warranty servicei
requiredith respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The PropertyOwner believes that service is requiredi
respectu issues, the advertiseda ri r the product has
not expired, and the manufacturer is currently conducting its business,
( ) The Property Owner believes that servicei requiredi
respectp issues, theadvertised periodfor the product
has expired.
14. Pre-Existinq Deficiencies. The Property Owner will be requiredt
sin Exhibit Q (Deficiency old Harm-I Agreement) which will impute Il
responsibility liability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Pre-Work Requirements. The Property Owner will be required
to complete any and all Pre-Work, as requi by the NIPto successfully accommodate
the NIP acoustico ific io . The Property Owner will be regulvdtojqpMplete all
designated,Pre-Work items ut ilii their o funds and per dui d lin s
established the NIP. In the event the Property Owner fails t complete the
designated Prer items by the established Ideadline, the Property Owner shall
removedbe from NIPparticipation and the Property Owner shall be liable to the County
and/or Contractor for any and-all resulting damagesall direct andindirect is
related thereto.
16. Cltv of KeyWest " iAlarm Requirement. In
compliance it the City of Key Westi hall and the City f Key WestBuilding
Department construction permit issuance requirements, the Property Owner will be
required to install 1 - It "hard-wired" I s in their condominium i
................_
PropffV Owner Noise haWation AMement Page 6 of 28
accorriance withII applicable codes and regulations .tdeadline as
established the NIP. The Property Owner will be res-onsibleto ensure that the
alarmssmoke t installed in samewithin the condominium
�i_c_@Wc_ation work will occur,. .. . ! tI I Impedance to the NIPconstruction
mIre the event the Owner falls to install t i "hard-wired"
alarmssmoke the established NIPdeadline, the Property Owner shall be removed
from NIP participation.
17. Suspension of Program Process. The Program process may be
ternporadly suspended at any time rig the i r construction phase$
the discoveryf Deficiencies due to their potential impact on the Program
Improvements and product warranties. The Program process will not resume until the
Property Owner ll related probI to the satisfactionf the
Manager. In the event repairs aret completed in a timely n r, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
coststo delayt f the .
18. Limitation on Alterations t _ .. The Property Owner
agrees t to makeIt ti s , or to permit any tenant occupyingany I f
Pmperty to make alterationsthe existingwindows, r walls from the time f
the Designuntil the constructionf the Program Improvements have been
completed, ti to this rule must be pre-approvedin writingthe Program
Manager. Failure to adhere to this it t may, at the optionf the Program
Manager in its solei ti n, result in an immediate suspension of the constructionf
the Program Improvements n the Property. The PropertyOwner V411 be liable to the
County for all direct and indirect sty associated with unapproved alterations
damages related tart .
. �Pre and Post-ConstructionNoise Testing - & post-
constructionI testing is a very Important Program process that is designedt
measure and determine the actual achieved noiseICI reductionli attreated
properties. If selected by the Program Manager for pre- & post-construction noise
testing, the Propertyr agrees to provide access to their property for testing and
agrees to not to makealterations to the i t d r of their property (with the exceptionf
repairsi the timef the pre-construction noI test to the_pg§t
construction., noise test. In an effort to insure consistent noise datacollection, the
OwnerProperty also agrees to preserve the Interior layout of furniture, r coverings
and Wndow treatments from the tIme_Af=jh9_pre-construct:1on noiset to the pot�
constructionnoise test. The Property Owner understands tl° t the failure to adhere t
tl,,ils requirement may result in corruption of the noise testing f , the
Property Owner understands they may be liable to the Countyr any directand indirect
noise testing t in the event these requirementst met.
20. Uon. As reasonablyrequested, the r shall
cooperateit the Contract r, the r and Mon Monrue County in the
performance ll phases of the Program improvements including, but not limited t ,
the removal and reinstallationf rugs, wall hangings and furniture
........
Propertyne Noise Insuladon Agmement Page 7 of2
1, Utilities. The Property Owner shall permit the Contractor to use, at
no t to theContractor or the County, existing utilities such as light, heat, power and
ter necessary to carry out the Improvements.
22. Design and BidProcess Access. At scheduled i for upon
not less than twenty-four ( ) hours van i (via 1 I! andlor 1 r), the
OwnerProperty agrees to providethe Program Manager, Contractor, subcontractors,
suppliers, it , County, t federal inspectors and consultantsto the
Property to collectdevelop all final design and bidc visits could
include, t not be limited o, property survey, i ous material
inspection, pre-noise testing pre-bid visit. In theevent the Property Owner falls
provide to the Propertyfor all required NIPsin and Bidvisits, the
Property Owner shall be removedfrom NIPparticipation.
3. Pre-Constructionaa a� . Access. The Property Owner agrees to provide
access o the Property forty-eight (48) hours rir to the scheduledstart of NIP
construction. This short visit will provide the Program Manager with the abilityto ensure
that the Property Owner has met all furniture' storage son iiliti . Failure could
resultin the suspension of the scheduled I construction and the Property Owner shall
be liable to theCounty and/or Contractor for any and all resulting damages and all direct
and indirect I thereto.
24. Pre and Post Construction Access. At scheduled times and/or
xxxxxxxx.�.
upon not less than twenty-four ( ) hours advance notice (via 1 11 andlor 1 r)
and r the established ! ion schedule assignment, the Property Owner
agreeso provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State I inspectors and consultantsthe Property to provide
II required NIPPre-Construction and Post-Construction visits. These visits could
include, t not be limited final measurement, pre-construction inspections, review
Designated e Space requirements, post ion inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
requiredI t Construction visits, the Property Owner shall be removed
from NIPrtici ati n and the Property Owner shall be liable to the Countyand/or
Contractor for any and all resulting damages andall direct and indirect st related
thereto.
25. Construction Period Access. Upon award of NIPconstruction
contract, the Contractor will provide the Program Manager with their final construction
schedule, hic ill include h i r of calendar days to completeI
construction in each of the participatingo iniu s. Based on this schedule, the
ManagerProgram will assign each Property Owner with a designatednumber of
calendar in whichconstruction will occur in their condominium. The
Owner agrees to relocatetheir condominium for the entireassigned time period. I
addition, the Property Owner agrees not tre-enter their property for any reason during
their assigned construction period due to safety concernsn h t ! l to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assigned construction time period, the Property Owner shall be removedI
Insulation t Page 8 of 28
participation ar the Property Owner shall be liable to the t r Contractor for
any and all resulting damages and all direct and indirect t related thereto.
Construction riod Extension Dueto Hurricanes. ins the NIP
construction period will extend into the Key West hurricane season, there is of ti l for
construction del and/or stoppages, beyondthe control of the Contractor, in the rat
of a threat of an approaching hurricane and/or an actual hurricane event. Due to this
possibility, the y Owner undemtands that l y occur in addition to their
originally assigned constructiontime period, without any fault or cost to the Contractor
and Prograrn Manager. Furthermore, the Property Owner agrees to relocatefrom their
condominium r all additional calendar days resultingfrom l construction work
stoppagesto a hurricane threat or event at no cost to the County, Contractor r r
Manager.Program In the event the Property Owner falls to providethe required
additional access to their condominium due to. hurTicane-relatedstoppages, the
OwnerProperty shall be removed from NIP m, I tl the r shall
be liable to the r Contractor for any and all resulting damages and all direct
and indirect t related thereto.
27. Discovery ln ��.Deficiencies t ti . In the
event ttie Contractor discovers pre-existingtl i I t the uric the NIP
construction process that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repait and rernediateh deficienciesin an
effort to reduce any negative impact on the l n t ttl period. The
Owner understands that, depending on the timing the pre-existingrepair,
the NIPn try i ri y need to be extended, at no fault of the Prograrn
Manager r Contractor.
28. Impact of Unforeseen KWBTS Building,_Conditions on Construction
Schedule. The Property Owner understands that unforeseen buildingconditions that
may arise duringthe l t i the potential to increase the original
scheduledtl of construction, which is not the fault of the r nor
Contractor. The Property Owner needs to plan for t "worst-case" possibility that the
odginally-scheduled constructionl i n t y be I few additional days
due to unforeseenill iti that may arlse and complicatethe l I
construction.
29. Ex
is_flng indow / Door._Treatments, Shades and Blinds. The
understandsProperty Owner that, after the installation of new 141P acoustic window
the existingi t door treatments, shades an7 lip may not be
compatible r able t re-Installed to sizei the now and
existing ins .
30
® iti --Crown Molding. uric the installation of the
acoustic i , the 141P will be providingt " replacement
interior trim sills. The Property Owner understands that t the NIPreplacement trim
will not match custom and/or specialized crownmolding r custom window
and r trim. After the completion the NIP i ti , the Property Owner will
have the abilityto makemodifications to the I irn`t ri r trim at their own expense.
.... _.......--___
NoisePmpeny Omer Inmiation Agrament Page 9 of 28
31. Communication Reguirements. The Property Owner agrees t
read and review II NIP emallsfor letters in a timely fashion which are being
provided I to ensure schedule In the event the Property Owner
falls to meet this requirement, it couldsuit in removal from NIPparticipation.
. Title Examination. The Program Manager has obtained r will
obtain, its sole cost and expense, f Title" to ensure h the
title is free from lions for title .
Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with
Countyin order t (i) correct anytitle defects affectingthe Propertywhich are disclosed
by the "Abstract of Title" and in the sole t i i the Countyy serve t
invalidate the Easement, and (ii) secure the written consent of any and all mortgage
holds is conveyance of the Easement to the Countyif the
Countyt ie that it is necessary or desirable to do so (collectively, the 71tle
Matters"). I , prior to the commencement of construction of the Improvements,
the County, in its sole discretion, determines that the Titlei the Property
may invalidate the Easement, this Agreement shall be null and void, and theEasement
shall be terminated.
Federal34. Assurance. As requiredy the Federal Aviation
Administration, the Property Owner agrees to-the following visions:
Ownera. The Property shall subject the construction work on the
projectto such inspection v l during the construction of the Program
Improvements n r completion of the Program Improvements son l
be requested Manager and/or Monroe County.
Afterb. final completion of the Program Improvements,
Owner shall assume the responsibilityfor maintenance and operationitems
installed, or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears anyresponsibility r maintenance and operation of
these items.
35. Reduction of ,FFreshit Infiltration. n r will be
required to sin Exhibit E (V Hill io ofd Harmless Agreement) which imputes II
responsibility h r for the proper maintenance of interior moisture
humidity levels.
„mm Iv tri I i If the Property Owner desires
to retainn 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 i l it r at the Property Owner's sole
expense.and The County assumesno responsibilityr the condition the material,
equipment or surrounding surfaces as a result of the owner-requestedsalvage. The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and executedocument listing those items to be salvaged. In the absence
e oise Inmiadon
ng e t Page 10 of 28
.�
of such a written agreement, all items shall become the property of the Contractor.
Materials n equipment not listed for salvage by the Property Owner shall become the
Contractor.property of the
. Prooartynsurance. Duringconstruction period, the
Contractor will provide builder's risk insurance for the Property. The Property Owner
shall have the option, the Property Owner's sole cost and expense, to maintain
homeowner's insurance oli r the duration of the ion of the Program
Improvements. h rty Owner understands that, fbilowing final completion, the
Contractor'sbuilder's risk insurance ill cease, and it is advisable for the Property
Owner to obtain insurance to cover any value to the Property by the .
38. Timing n u Effects of Construction. The a n r
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. n r also understands that
the construction may involve u i I inconvenience and couldi i c nt
quantities ndebris rendering ions of the Property uninhabitable for
extended periods time.
3 . Labor and MaterialRelease. The p ner releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County andits officers, employees, agents, consultants, contractors
suppliers issues relatingthe conformanceof labor, materials and
acoustic designs utilizedin the Program Improvements. thi in thisII
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40. 16 of Pro In the event the Property Owner sells, conveys or
otherwiseitle to the Property before the completion of all phases of the
process,Program r hereby agrees to provider with
of this Agreement prior to the closing sale, conveyance or other transfer, and t
transfer all of the Property Owner's responsibilitiesobligations r this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer o
the Property.
1. Waiver. No waiver o , acquiescence i , or consent to any breach
any term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquiescence in, or consenty other, further or succeeding of the some or
y other term, covenantr condition hereof.
Release42. t. In the event that this Agreement i
cancelled r the Countydetermines that the Easement should be releasedof record,
the Property Owner, upon writtenCounty, shall pay to the County the
sum f One HundredDollars ( 1 ) to cover the costs of the preparation
recording of the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that -it is the Property Owners
responsibility to insure c nt is made in order to "clear" the title o the
......
ww. ..... .....v... ...
e t Page 11 o
43. Authodtv to Execute On Behalf Of County. By Resolution No. 111-
2004, my motioned and passedlawfully nnnpublic meeting, the Board
County o i i n n i , on the.17th day of March 2004, grant full
authority r the County Administrator to executei t on behalfof the
County i further action by theo ty Commissioners.
. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit Policy .
b. Exhibit : Legal Description of Property
c. Exhibit Improvements.
d. Exhibit Deficiency of Harmless
e. Exhibit : Ventilation HoldI n
5. General Conditions.
a. Governing a Venue, Interpretation, Costs, and
(1) This Agreement shall be govemedconstrued i
accordance with the Laws of the State of Florida applicablecontracts
performedentirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted r the enforcement or interpretation of this Agreement, the
County r agree that venue ill lie in the appropriater before
the appropdateini t ive body in Monroe County, Florida.
( ) The Countyand Propertyr agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
them, the issue shall be submittedto mediation prior to the institution of any other
administrative r legal proceeding.
( ) The County and Propertyr agree that in the event any
cause of action or administrative proceedingis initiated r defended by any party
relative to the enforcement or interpretation f this Agreement, the prevailingshall
be entitled o reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award againstthe non-prevailing party. Mediation proceedings
initiated n u t to this Agreement shall be in accordance with
FloridalCivil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Binding terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County.andr
and their respective legal representatives, successors, and assigns.
wvu w.. .
Ownere Inm1ation Agreement Page 1
c. Severabilitv. If anyterm, covenant, condition or provision of this
Agreement ( r the applicationthereof to any circumstance or person) shall be !
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisionsthis Agreement shall not be affected
thereby; and eachremaining term, vt, condition andvision of this Agreement
shall be valid hall be enforceablethe fullest extent permitted by law unlessthe
enforcementthe remainingterms, covenants, conditions and provisions of this
Agreement would preventthe accomplishment of the original intent of this Agreement.
d. Authority. Eachthe other that the
execution, delivery and performancethis Agreement have been duly authorized by all
necessary ounty and Property Owner action, as may be requiredy law.
Duratione. of Ac reement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the CountyII remain in effect for a periodreasonably i
Program Improvements ( "), except as may be sooner terminated i
accordanceih the provisionsthis Agreement.
. Acceptance of i s. r ns ssist n n r ust
County Property Owner agree that each shall be, and is, empo d to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this et.
g. Claims for Federal or State Aid. The Countyr
agree that each shall be, and is, empowered to apply fbr,. seek, andobtain federal and
state funs to further the purpose of this ; provided that all applications,
requests, grant I , and funding lici i n y the Property Owner shall be
approvedounprior to submission.
. Adludication of Disl2utes or Disagreements. TheCounty
OwnerProperty agree that all disputes and disagreementsII be attempted to b
resolvedy meet and confer sessions between representatives of each of the parties.
If the issue or issues ill not resolved to the satisfaction of the parties, then any
party shall have right to seek such relief or remedy as may be providedy this
Agreement or by Floridalaw.
i. Nond iscri ination. The Countyn p rty Owner agree that
there will be no discriminationin it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automaticallyterminates w`t out any further action on the part
of any party, effectivethe date of the court order. The CountyProperty Owner
agree to complyit II Federal and Florida statutes, and all local ordinances, as
applicable, I tin to nond i cri !nation. These include 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 5 the Rehabilitation Act of 1973,
as amended ( ), which prohibits discrimination on the basishandicap;
( ) The Age Discrimination Act of 1 ( 1 1- 1 ), which
e ois ltio nt Page 13 of 2
prohibits iscri in in on the i ; ( ) The Drug Abuse Office And Treatment
Act of 1 ( . ), s amended, relatingnon iscri m!nation the basis
drug abuse, ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention,
Treatment and Rehabilitation1 ( .L. 1 1 ), as amended, relating
nondiscrimination on the basis of alcohol abuse or alcoholism: ( ) The Public Health
Service 1912, n , ( -3 and 290 ee-3), as amended,
relating fi ti I' f alcohol and drug abuse patient ; ( ) The Americans
With i iliie f 1 ( U.S.C. s. 1201 Note), as may be amendedi
time, relating nond iscri m!nation on the basis of disability; ( ) The Florida Civil Rights
Act of 1992, (Chapter 760, Floridatut ion 509.092, FloridaStatutes), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monroe
County n Rights Ordinance (Chapter 1314, Article III Sections 1 -1 1 through
1 -1 ), as may be amended from time time, relating to no nd iscri ination; and ( )
any other non iscri i nation provisions in any federal or state statutesr local
ordinances which may apply to the parties , or the subjectr of, this Agreement.
j. Coo, _ in.. I v n administrative r legal in is
institutedi either relating to the forination, execution, performance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extenti other party, in all proceedings, hearings, c s meetings,
and other activities relatedto the substance of this Agreement or provision of the
servicesr this Agreement. The Countyr specifically agree that
no party to this II be requiredq enter into any arbitrationproceedings
related t6this Agreement or any Attachmentr Addendum to this Agreement.
. _Books, Records, and Documents. The Countyy Owner
shall maintain books, records, and documentsdirectly rti t to performance under
this Agreement in accordance i generally accepted accountingrinci I s
consistently li i or their authorized representatives
shall have reasonable and timely to such records of each other party to this
Agreement for audit purposes during -the term of the Agreement and fbr four years
following termination of this Agreement.
I. Covenant of No Interest. The Countyn rt Owner
covenant that neither presently has anyinterest, and shall not acquire any interest,
which would conflictin any manner or degree withits performanceunder this
Agreement, and that only interest of each is to perform and receiveits as recited
in this Agreement.
m. Code of Ethics.' The County agrees that the officers
employees County recognize and will be requiredto complyi the standards of
conduct relating to public officers todelineated in Section 112.313,
Floridatutes, regarding, but not limited , solicitation r acceptance of ; doing
businessithunauthorized compensation; i liposition,
conflicting l t or contractual relationship; and di clu r use of certain
information.
Property Owner Noise bmiation Agreement Page 1
lice bm t. The CountyProperty warrant
that, in respect to itself, it has neither employed nor retained any company or person,
Sher than bona fide employee workingfor it, to solicit or secure thisant
and that it has not paid or agreed to pay anyn, company, corporation, individual,
or firm, other than tidy employee working solely for it, any fee, commission,
percentage, M, or other considerationcontingent upon or resulting from the award or
makingthis Agreement. For the r b or violation of this provision, thin Property
Owner agrees that the County shall have the dght to terminate this r r ant without
liability , at its dlscretion, to offset from nip , or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideratlon.
o. Public Access. Theour rid Property Owner shall allow
permit reasonable access to, and inspection of, all documents, papers, letters, or other
materialssubject to the a of Chapter 119, Florida Statutes, and made or
receivedthe a r in conjunctionwith this Agreement', and the
County shall have the right to unilaterallycancel this a rat upon Violation of this
provision by the r. Public Records Compliance. rod r unmet
oomply with Ronda publicrecords laws, including but not firnited to Chapter 119, Flodda
Statutes n 24 of articlethe n tiit tii un of Florida. The County
Property un r shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters r other "public record"'' materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
r received by tb run conjunction withthis ant and
related antperformance. The County shall have the t to unilaterally
this t n violation of this provision by the ilur> the
OwnerProperty to abideby the terms of this visor 1l be deemed a material
breach of this tr the Countyunto the terms of this provision in the
form of a art proceeding andshall, as a prevafling , be entitledto reimbursement
of all ttrney's fees and costs associated with that proceeding. This ushall
survive any termination or expiration of the ant .
The r is encouragedto consult with its advisors about
Floridalulu Records Law in r to complyit this provision.
Pursuant to F.S. 119.0701 and the terms and conditionsthis
contract, the Property Owner is t
t) Keep and maintain publlc records tb t would be requiredthe
County to performthe iI .
Upon rust from the un ' custodian of recor , provide the
County with a copy of the ted records r allow the records to be inspected r
copled within a reasonabletime t a cost that does not exceed the cost provided in this
chapter or as otherwiseby law.
Ensure that public records that are exempt or confidential and
exempt from publicr requirements are not disclosed
Owner Noise Insulation en a 15 of 28
authorized by law for the duration of the contract term and following completion of the
contract if the Property Owner does not transfer the records to the County®
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perform the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from pUblic records disclosure requirements. If the Property
Owner keeps and maintains pubilic records upon completion of the contract, the
Property Owner shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County'
contract must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to thie County or allow the
records to be inspected or copied Wthin a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
p. Non-Waiver of lrnmunft L. Notwithstanding t isi f .
he provons o Sec
768.28, Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
® Privilege and immunities. All of the privileges and immunities frorn
liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same
degree and -extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. LMal Obligations and Res, qn biritiqq, Non-Dele ation of
Constitutional or Sktuto a I M Duties. This Agreement is not intended to, nor sh I it be
construed as, relieving any participating entity from any obligation or responsibility
I mposed upon the entity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the peilbrmance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
Pmp&V Owner Noise Imulation Agmement Page 16 of 28
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 ofthem, 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, oremployee 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, irtfedor 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 performance oft obligations
and duties of the County or Property Owner under this Agreement.
Personal Liabilif . 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 Counteu�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 oonvenience 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.
Propeny Omer Noise Insidadon Agreement Page 17 oft
IN WITNESSr and the County have
executed thisof the day andr first o ri .
_._.._... _.. - _......___........_____ ----- _.a a ...............................................
: TO :
2 Es
Signature
r�
Ong Pr14 amp' .
Name
tignature
. }. sate _. .. ....
a x,
Ar-RWName
WITNESSES: PROPERTY OWNER:
Signature
Signature
_
D
Printed Name
Pdrded Name
Signature
Qate
Printed
Name
.... �....
.w, {:.i P.
-----------
MONROMtOUNTY BOARD OF COUNTY COMMISSIONERS:
I
MAYOR1 CHAIRMAN:
Deputy
Clerk Sig6ature
Date
_,. .... __-------------------
ATM 618
Property Owner Noise insulation Agreement Page 18 of 28
�1 _
F
Data-
s
PROGRAM POLICY STATEMENTS
Exhibit
To
Property Owner Noise Insuiation
A. Air Conditioning: 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 n the balcony
2. II refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining maximum height of 48
inches.
. All condensate lines will be installed on the building exterior consistent with KWBTS
Boardlicy. rules to ensure the highest level of consistency and building
architectural aesthetics.
4. II interior AC lines (refrigerant, n n te, electrical) and Energy Recovery
Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters which
will be constructedto matchthe quality of existingwalls. The number and locations
f the now vertical wall and comer pilasters ill differ depending on your unique
condominium or plan and number of bedrooms. The NIP executive rcit will
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are detenninedr to be
deficient will be replacedthe Program as a part of the Noise Insulation Program
modifications.
B. W1110-dow Sill .__ I_c t. Due to the presence of asbestos, the NIP will provide
new custom wood surround and sill instead of the existing u board surround. 0
to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.
This revision will be an improvement, while decreasing nsri ion costs and improving
time efficiencies .
C. Custom Crown Molding tricti
The now asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originally ), which will not
allow sufficient time r 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 all a i fill. At new pilaster locations and, if the t ru wall ac. infill abuts the existin
baseboards, the contractor will install a standard ( " 9 ") painted woodtrim
abut the existing trim, rather than attempting to match the existing custom trim files
and materials. After the completion of the NIPconstruction, the property owner will
t it A-Propeny Owner Noise Insulation Agreement Page 19o,f 28
have the option to replaceinstalled rim with other custom trim to matchthe existing
materials and profiles.
D. r Threshold Heia"'I& stringent Florida hurricane impact n r
infiltration ili des, all new aluminumacoustical prime entry ' i o n
sliding lass patio doorsill have thresholds that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds i t
provide optimum prot ion to the interior of a condominiumter infiltration urin
hurricane.
AsbestosE. KWBTS ti
As required by state and federal requirements, conducted asbestos testing II
participating iniu in Buildings , B and C duringthe November 2017
to April 2018 time period. This testing included collecting 7 to 9 sample'sat each
condominium to include y joint compound, window glazing, and exterior
windowand door caulking. In addition, random, exterior stucco le were II
on both "walkway" and "courtyard 1 balcony" building elevations.
Dependingthe laboratory lsis of these samples, the presence of asbestos
containing t ri I ( ) have the potential to impact several areas of the I
construction process to include:
windowv I and acoustic window installation,
- door removal and acoustic door installation,
oval of portable 1 h- II" AC unitsand the infilling of openings,
ceiling cuts required for installation of the ductless AC,
all cuts required for the installation of the ductless AC,
construction of vertical II pilasters requiredr installation of the ductless
systemAC u ,
construction of closet soffit for installation of the ERV.
F. Asbestos Abatement Requirements
In the event any samplesshow presence of asbestos containingtrial (ACM), the
awarded NIP contractor Will be required to perform the following t t
requirements ri construction:
If samplesshow presence of ACM < 1%
The NIP contractor will be requiredto comply with OSHA worker safety requirements t
include r respirators, poly curtains in all areas where the surfaces are disturbed
and the use vacuum cleaners in the areas where surfaces chipped, cut
and/or sanded.
........ ......................
Exhibit A-Property OwnerNoise 1 lation Agreement Page 20 of 28
Ifs i � >1%
T e NIP contractor will be requiredto perforrn full asbestos abatement procedures
directedn I Protection Agency( )to include:
Construction of ACM containmentin all areas (walls, ceilings, closets,
i ), approximately 4 feet from all walls and areas impacted
the NIPifi ion .
Abatement and bagging of ACM (resulting olii ) by
certified t en staff.
ir sampling of containmentn clearance II areas by certified
asbestos abatementto allowaccess to containment areas by traditional
(non-abatement) workers.
THC ill be requiredprovide executive oversight f all ACM abatement
processes in all condominiums throughout the NIPconstruction process
ensurer compliance WithI and state abatement guidelines.
The presenceill 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 cot to provideired asbestos abatement procedures, the
ill require THC to developsin and construction plan that minimizesthe
disturbance to ensure the minimizationf construction costs,
duration, and liability to the contractor and KWBTS property owners. ThisI
'll result in new property owner requirements and design restrictions which
are outlined below.
AuthorityH. KWBTS BOARD i i The KWBTS Board will have the
Au&o_d_tY to make several of the sin decisions to include:
1. Acoustical Window andDoor Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Interior Ductless "Mini-Split" Installation Requi is
5. Interior u I ini- lit" Interior Soffit Design and Placement
6. In-Filled itch riDoor Policy Treatment
......... .....___._._______._ ......... � ..
Exhibit A-Property Ovmer Noise Insulation e 21 of 28
DESCRIPTIONLEGAL
Exhibit
T
InsulationHomeowner Noise
Condominium Unit No. 21 - , 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, recordedin Official Records Book589, Page
, as amended from time to time, and the Condominium Plans as recordedin
Graphics Book 1, of the Public Records of Monroe County, Florida.
Exhibit B-Property Ovmer Noise ImWation Agreement Page 22 oft
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibff 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 (6) decibels.
A typical Program Improvement package may include:
0 Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
... ----—--
&hibit C-Pmper&Owner Noise Imulation Agreement Page 23 of 28
DIEFICIENCY
Exhibit
To
Property Owner Noise Insulation
1. In partial consideration of the compensation to be paid
Countythe Program for 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 Q is attached, the undersigned, r and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns undersigned, v r releases, remises, discharges, indemnifles and
covenantsnot to sue, institute claims against, or institute any proceedingsagainst, the
County, or any of Its agents, officers, employees, consultants and/or contractors
concerning ny and all claims, demands, damages, actions or causes of action o
whatsoever kind and nature t of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing i a to the
undersigned r their respective heirs, personal representatives, successors and assigns i
connection with any and all Pre-Existing Defci ci (the "Deficiencies!') against said
Countyr any of fts officers, employees, consultants and/or contractors to be
legally liable.
. The Property Owner understands and assumes full responsibility for the
Deficiencies s t in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include
deficiencies present in the Property at the time of execution of thisis ul
include, but not be limited violations, structural damage, water 1 moisture
damage, ter! Is, infestation for any issue that would negativelyimpact
the installation and performanceof the Program Improvements.
4. If Visible, the Property Owner understands that the Program Manager may
identify ocu t Deficiencies at any time throughout the Program process
(including i n, bid and construction s). If identified n documented, the
Program Manager will classify t Deficiencies either"Minor' or" eve
. The Property Owner assumes full responsibility for the worseningf any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies identified rin the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the acceptance the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the event that " v Deficiencies
uncoveredare ri the construction period, the Property Owner agrees to complete
Exhibit D-Property Owner Noise Insulation Agreement Page 24 of 2
necessary repairsto the Property, to the c f the Program Manager t
minimize any delay or stoppages of work.
. The undersignedacknowledge that II of the release and hold
harmless and indemnity visions set forthIn Paragraph 1 of this Exhibit Q apply t
property damage, injuries, deaths, or damages arisingi i nci and/or all
negative impacts later suit after the additionthe Improvements.
provisions of this Exhibit Q shall survive the termination r expiration of the Property
Owner Noise Insulation ent.
8. The undersigned y agree that the terms and provisionsthis Exhibit
_ shall a bindingu i f oft undersigned it iv
i I representatives, successors and assigns.(T �° 4
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Exhibit D-Property Owner Noise Insulation Agreement Page 25 of 28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
descdbed 1.n the Agreement of even date herewith (the 'AgreemenC) between the County
and Property Owner and to which this Exhlbft E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, lbrever releases, remises, discharges, 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/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injudes 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 Ventilation Deficiencies (the uDeficlencies") against
said County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of 'through-wall" portable air conditioner units
and the addition of a replacement ductless mmini-split' it 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 (ERV) unit to avoid the
potential fbr mold and moisture problems, especially dudng pedods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
........ ——--------------------.......—
Exhibit E-Property Owner Noise Insulation Agreement Page 26 of 28
bathmom moisture in II in t shaft. During the ign
survey process It iscovered the KWBTSIIIu lack a solid central building
exhaust shaft. Due to 'Ws existingndffl , these original II vents (if still present)
have the potentialt Ipathway for unwantedair, smoke and/or gases Into the
condominium i t interior. The rt r agrees to assume full resporiMbffity for the
seaflng of original wall vents in all bathrooms and for any and all negative Impacts that
may It If left untreated.
5. It is clearlyIII il tion to duct laundry dryer t to the
KWBTS central I t shaft. In the event a PropertyOwner has incorrectly
their laundry dryer vent to the KWBTScentral I III I t shafts, they agree t
correct this fU n by propertyexhausting their laundry dryer exhaust in an
alternative mtab that meets current building code, at their t before the initlaflon of
the Programconstruction I r , the Property Owner agrees to assume
any and all liability I t to the Improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the ProgramImprovements III not
address kitchen and bathroomventilation n / r excessive Interior r I It levels
generatedthe r within the interior of the rII a The Property
Owner understands sums full responsUlity for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assurnefull responsibility for any
reoccurrence or worsening of moisture problemsfor Interior humidity
levels in the Property. In ItI , the Property Owner agrees to assume full
responsibility r the maintenance and operati f the NIPventing,. tI r
completion f the Improvements.
7. The I acknowledge that all of the release, I
harmIess and indemnity provisions set forth In Paragraph I of this Exhibit E applyt
injuries, deaths, or dernagies sustainedin conniectlonIt r as a result of any and all
Inteflor ventilation derUencIes adsingr the addition f the Programftrovements
Including, but not limited t , high humidity, mold, rnfldew,-and/or lack of proper exhaust
ventilation. The I I n f this shaH survive the termination or expiration of
the Property Owner NoIse Insulation Agreement.
B. The undersigned Iby agree that the terms and provisions of this
Exhibit II be binding inure to the benefit of the-ar, r their
respective Mks, personal representatives, successors, ajid;,"a-s§
WI
PROPERTY OWNER,
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Exhibit E-Propen_V Ommer Notse Imulation Agreement Page 2 7 qJ-28
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Exhibit E-PropaV Owtw NoiseInsuladon Apeement Page 28 of2