09/18/2019 Agreement/Easement-C213 �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
2263740 Y
NIP Assistantj n r Recorded 4121/202011:1 1 4
THC, Inc.
710 Daculait 1
Dacula, GA 3001011 c' o
AVIGATION
InternationalKey West Airport
NoiseI
THIS T AGREEMENT is entered into this _ d y of
20 , by"JAMES T. MCDERMOTT & SUSAN M. MCDERMOTT", hereinafter referred to
as 'the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property('"the ')
located in Monroe County, Flodda, morertic l d crib s follows:
Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE S , a condominium, together
with an undivided interest in the common elements, according to the Declaration of Condominium
thereof, recorded in Official Records Book589, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
also identified s street address: "2601 S. Roosevelt Blvd., "
B. The BOCC is the owner and opemtorof Key West Intemational Airport("the Airport")and
desiresto make propertiesthat, through interior noise exposure testing, are determined
incompatible as a resultf their exposure to aircraftnoise compatible r residential
purposesthrough the implementation of Insulation ("NIP").
C. Under the NIP, the Airport will design install or pay for the installation of
improvements and modifications to the Property Ownees Property necessaryto reduce
intedor noise levels t least 5 dB and to bdngthe aveirage interior noise level below
dB in accordanceit I Aviation Administrationpolicy. Grantingof an Avigation
Easement (" nf') is a BOCC.conditionparticipation in the NIP. The Easement
ill supersede any implied or presciriptive easementsthat the BOCC mayhave obtained
under applicable laws.
D. The funding source for said NIPill include funding the United States Govemment
pursuant to the Airport1 Improvement Act of 1982, and will include funding
firom the BOCC, acting in its capacity the owner and operator of the Airport.
PropertyE. The n r desires to participate in the NIP and has entered into a Property
-- .. .._
Key t International Airport NIP—Avigadon Easement(unit .__ `13) ,,,, - ....... Page 1 of 4
Owner Noise Insulation it the BOM The 's implementation of the
NIP will benefit the Property Ownern ert providing certain i t sound
attenuation construction on all eligible residential structures on the property necessary
to achieveion in DNL indoor noise levels least 5 dB and bringthe average
interior noise level Io in accordance withI Aviation Administration
policy.
F. The Property Owner fully understands that the NIPli i ili ul change at some future
time, is currently based on the 2013 ExistingCondition Noise
acceptedby the Federal Aviation Administration ("the ") on December 19, 1 .
G. The NIP will be administeredin accordancei the current FAA Order 5100.38, Airport
Improvement .
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation , on terms as hereinafter set forth.
forand in consideration of the improvements to be made to the Subject
Property through the I ,the receipt and adequacy of which is herebyacknowledged both
parties, in considerationn incorporation into this Avigation Easement of the recitals
set forth above, the r and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, i n II
successorsin interest, does hereby grant, bargain, sell and convey , its
successors n sins, a perpetual avigation easementover the property. The use
Easementof the II include the right to generatei noise to causeother
effects as y be associatedi the operationi y r or in the vicinity of the
property. This Easement shall apply to all such aircraft activityt the Airport, present or
future, in whatever form or type, duringion at, on, to or from the Airport, and it being
the intent of the partiesthat all such Airportactivity shall be deemedto be included
within the purviewi nt.
. This Easement shall be perpetual in natureII bind and run withthe titleto the
property and shall nun t fit of the r its successor in interest as owner and
operator of the Airport.
3. The Property Owner on behalfof the r, its heirs, ins and successors
in interest, does hereby releasey and all related parties
including ut not limited to BOCC members, officers,, agents, servants,
employees and lessees, Il claims, demands, damages, debts, liabilities,
attorney's fees or causes of action of everykind or nature for which the Property
Owner or its heirs, sin , or successors currently v , have in the past
or will in the futurel it operations or aircraft activities
noise levels reI to or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including t not limited to damage to the above-mentioned
property r contiguous property due to noise, andother effects of the operationof the
Airport r of aircraftlanding or taking off at the Airport.
_�..... _
�
Key West I nternational Aftort NIP—AvIption Easement(UnIt 13) Page
. This Easement expressly excludesn to the Property Owner and to the
Property Owners heirs, ins and successors in interest, claims, demands.
debts, liabilities, costs, attorneys' or expert'expert's fee, or causes of action for
physical damage or personal injury y aircraft or part of any aircraftusing
the Easement that does identifiable pby it damage to the property or injury to a person
on the property by cominginto direct physical contact withthe r the person on
the property.
5. Should either party hereto or any of their successors r assigns in interest retain
counsel to enforce anyof the provisions herein t protect its interest in any matter
arisingunder this Agreement, or to recover damages by reason of any allegedc o
any provision of this Agreement, the prevailingparty shall be entitledto all costs,
damages and expensesincurred including, but not limited y' s and costs
incurred in connection therewith, including appeII t ion.
6. o provision of this Agreement is to be interpreted for or against any party because that
party r that party'slegal representative draftedsuch provision. This Agreement shall be
interpreted t od according to the laws of the State of Florida.
s No breach of any provision of this Agreement may be waivedunless in writing. Waiver o
any one breachof any provision of this n II not be deemed to be a waiver
of anyother breach of the same or any other provision of this i t
y be amended only by written instrument executed by the partiesin interest at the
time f the modification. In the event that any one or more covenant, condition or
vision contained in is held invalid, i or illegal by any courtof competent
jurisdiction, the same shall be deemed severablethe remainder of this Agreement
and shall in no way affect, impair or invalidate t r provision hereof so long as the
remaining visions do not materially alter the rights n li ati n the parties. I
such condition, covenant or other provision shall be deemedinvalid to this scope or
breadth, such covenant, condition r other provision shall be deemed validto the extent
of the scope or breadth permittedlaw.
8. In the event the Airportshall be subdividedinto more than I, or the Airport or
portion thereof becomes subjectto operation, management or administration
in addition to or in lieu of the , then in that event the partiesh
shall not terminate r otherwise affect thisa long as a portion of the Airport
continues to operate for standard airportflight s, and that any such successor
in interest to the BOCC shall be entitledto all of the benefits running to the
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingn ting any sound attenuationmaterials and equipment
installed in the Property by or on behalf .
- . � "..�mo.mo _.......®._.®
y I tlo I AI NIP—Avlgatlon E ent(Unll; 213) Pee of
This Easement Agreement i jted as of the date first .
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The foregoing instrument kncnt le e b 1;xro#,"#me this �.11�ijgi Of'
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{ Notary Puft State Florida
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAY?R:
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Signature
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Printed NameSignature
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Printed Name
STATE F FLORIDACOUNTY OF MONROE
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The foregoing instrument was acknowledged before this " f 20
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by
s Mayor of the Monroe County Board of Countyo mission , a body politic and oorporate.
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Notary Public Signature
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PfDRt'�" ROADO
Key West International Airport NIP-Avlgation Easement(Unit#C273r "9r r i �xs ;,14
v West bv the Sea
't o.:
Name(s): McDermott
PROPERTY OWNER NOISE INSULATION AGREEMENT
Y WEsT INTERNATIONAL AJRPORT, MONROE COUNTY
THIS NOISE INSULATION (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 "PropertyOwner").
I T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain realp located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the ; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed i t for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Program") and, as part of the.
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as moreparticularly described on Exhibit Q attached
hereto (the Improvements"); said Program Improvements to be paldfor by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the ; and
WHEREAS, the County will enter into a construction contract with
general nt r (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consistingf
team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County (the "Program Manager");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and re-celve
the Program Improvements upon the terms andconditions provided herein-,
THEREFORE, in consideration of the terms, covenants'
and
conditions set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously withthe execution of this
Agreement, the Property Owner executed and deliveredto the u n avigation
easement (the "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
. Program PolicyStatements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement policies and procedures,
the Program Manager has developed a series of Program PolicyStatements outlining
construction and eligibilityrestrictions. The Property Owner understands that
prescribed Program Improvements ill be consistent with the Program Policy
Statements vi to theProperty r by the Program Manager. A copy of the
Program Policy t is attached hereto as ExhibitA.
3. Payment of Prog @Mj!n_jRMvements. The Countya to pay fbr
the Program Improvements cri in Exhibit C attachedhereto. The Program
Improvements will be approved the Property Owner and County, managedthe
Program Manager, and performedthe Contractor.
. ! i m ti iv i c r shall not
impede or interfere it the Contractors ability to select between approved product
manufacturers subcontractors in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibited from having
discussion or communication with the Contractor in relation to the Program, the
contractors i , or this Agreement until after award of the construction contract
County. Failure of the Property Owner to comply with this provision shall, at the option
f the County in its sole discretion, suit in disqualification from the Program and
cancellation of this Agreement.
B. Construction Contract. The County ill award the contract for the
Program Improvements consist nt with Federal and County competitive bidding lici s
and procedures. The contract will require the Contractor to complete the Program
Improvements witi i s period find by the Program Manager.
Post-Construction s n i iliti . The Propertyr shall
meet all responsibilities andrequirements i in to both pre-construction and post-
construction:
ion:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
all Pre-Construction requirementsito include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.)from their condominium,
( ) Moving II furniture and belongings into the "Designated
Storage Space Arean within the condominium, providing the required "clear " (white
Propertyer Noise Insulation 4mement Page 2 oft
space in sketch} for the Contractor. When doing , the Property Owner will have
ability to utilize the completeor to callingo space.
( ) Removing of all eexcessive furniturebelongings
condominium ill not fit in t "Designated for ';
( ) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storingh in t "Designated to
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withprotective lstoring them in t "Designated
Storagec ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storingh in the 'Designated Storage Space Area";
( ) Moving all small items andbelongings into either the closets or
bathroomstli in the i toSketch"
Afterb. completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated t c " back to their original positions in the condominium:
( ) Moving of any excessive itu and belongings back into
the condominium;
( ) Re-installation of all wall treatments, door treatments
II hangings c their original positions in the condominium.
c. In the event the Property n r falls to perform any andII of the
aboveion responsibilities, the Property Owner shall be removedI
participation p r shall be liable to t for Contractor for
any and all resulting damages and all direct and indirect It thereto.
d. In the eventthe Property Owner falls to perform anyn II of the
Bove Post-Construction responsibilities, the Property Owner shall be liable to the
Countyand/or Contractor for any and all resulting damages and all direct and indirect
costs1 t thereto.
. Impeding Construction. Once construction of the Program
Improvements beg the Property Owner shall not impede construction or after
construction schedules. In addition, the Property Owner shall prevent any andII
tenants that may occupy the Property duringthe construction of the Program
Improvements from impeding ion or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
m............
m._._.
Owner Noise Insulation Agreement Page 3 o 2
the nn tr , the r shall be liable to the Contractor
and un for any damagesall direct and Indirect costs related thereto.
8. uuu. �� �� �� u
�
for providing a safein nnm t for the Program Manager, Contractor,
subcontractors, luers, and City, County, State and federal inspectors.
a. Throughout all phases of design and constructionf the Program
Improvements, the Propertyr shall be responsiblefor.
1 Providing ru mmn environment t that is m potentWl
health risks, i iiti ns, hazardous chem[cWs, obstacles, weapons of any
kind " solves;
Refraining from verbal r profanity;
Refraining mnn aggressive phyWcW contact, and
Insuring that alla curs and not rm .
. In the event the a ran faft to meet ran of the foregoing
conditions, the Program process may, at the mety's discretion, be temporarily
siuspended at anytime. In such event, the Programr shall notify the
Owner In tulmn , stating the ivy t nn itson(s) required to be
completed or rfm the Property Owner prior to the rant resuming the
process.Program
. In the rant the Program process is not resumed due to the
Property failure to completethe corrective a and/or ran ultra ran
required by the ProgramManager, the mr shall be liable to the
and/or Contractor 1br any andall damages and all fflrect and indirect t related
thereto.
. If the is , the r shall be
flable to the Countyr Contractor for any andall damages and all direct andundlrect
costsoft r caused by the temporary suspensionf the Program process.
9. Construction.,. .Do — During th ran tr ti nn , t t mr
may r nnce unforeseen compfications relatingto the instaltabon of the Program
.Improvements. The mns try ii ran contract shall provide that delays relatedthese
unforeseen crnnlu tumn rap the controlf the Contractor and shall
so that the time r completion may reasonably be r ran schedules
may u be m there is delay in awardingf the rant r If the Program
Improvements to be re-Nd in the t oflack of bidding contractorsrm / r failure
of the lowest responsive, responsible b[dder to executethe contract, provide a payment
and performance bond or show proof of required Insurance.
10. Changes to Scope ,,.� aWork. The ProgramManager reserves the right
to make t_ the plans nn ramd specifications aran the Programmmn m not t it
ner oise l 'o t e 4 of 28
sole i s i , at any time during the Program process, provided uch changes not
reduce the scope or quality of the Program Improvements describ in Exhibit
such changes are necessitatedthe discoveryf hidden n ltlo�i-not readily
detectable rin normal property inspection procedures.
11. A n completion of the Improvements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to detennineif they werecompleted pursuant to the terms of the
contract. r retains sole discretionauthority n program
conformance n issues they relatetote Contractor, subcontractors,
suppliers tic designs. The Property Owner is requestedthe
Substantial ! tin Inspection and provideinput to the Construction Manager with
respect to the identified punch-list items. In addition, the Property Owner is welcome
attendthe Final Inspection. In the event the Property Owner elects to not attend the
Substantial o I ti in I Inspections, they release and surrender their ability to
provide input to theion Manager with respectto the acceptance of the
Program Improvements. In the eventthere is a disagreement between the Property
Owner and the Program Manager as to a conformanceor performance issue, the
Property Owner shall be requiredto submit the discrepancyin writingo Monroe County
(representative fined before the NIPionprocess) within 7 days of the
inspection giving rise to the discrepancy. County shall then make
determination the acceptability of the conformance/performanceissue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conformance/performance/Issues. it the Property Owner to submith
wdften complaint 'thin the timeperiod specified by li thereafter foreclose the
Property Owners right to file such complaint.
12. Terminationr, r understands that
the signing oft is Agreement initiates of 1CONSTRUCTION
the Program Improvements o be performed i n accordance i the .
Therefore, i t Owner attempts terminate this Agreement or otherwise
impedes the progress of the performance of the Program Improvements r the award
of the constnuction contract, the Property Owner will be liable to the County for any and
II damages and all direct and indirect thereby.
13. Warranties. The Countynot represent or warrant the level
noise reduction that the Property Owner will experience withinthe Property as a result
of the Program Improvements s part of the Program.
a. The Countys that its contract withthe r will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty periodshall commence as of the time of the acceptanceof the
work as provided r in Paragraph 9.
b. t the end of construction, the Program Manager will provide
Property Owner With a Warranty & Final Closeout Package which will contain copies of
the warrantypolicies, product instructions, i s legal documents. As
condition f receiving the WarrantyFinal Closeout Package, the r
Noise Imulation Agreement Page 5 of 28
must first submit a completedI r Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements differ among product a . In the event of claim, the
Property Owner is solelyresponsible r pursuing all future issues
directly it each n u r.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contactthe Contractor or product manufacturer directly to
coordinate any required warrantyis to look solely to the general
contractor or the product manufacturer for fulfillment of all warTanties and flor resolution
of all product or construction warranty ise( ):
(1) The Property Owner'sinquiry is not directly relatedeither
construction warranties or product warranties (such as windowcleaning r product
maintenance) less of whether the PropertyOwner's inquiry rises during the one-
year warranty period from the Contractor or thereafter;
( ) The Property Owner believes that warranty service i
requiredith respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that serviceis requiredit
respect to product warrantyissues, the advertised warranty period for the product has
not expired, andthe manufacturer is currently conducting its business; and
( ) The Property Owner believes that service is requiredwith
respect to product warranty issues, and the advertised warrantyperiod r the product
has expired.
14. y Pre-ExistinqDeficiencies. The Property Owner will be requiredt
sin Exhibit D (Deficiency Hol r I t) which will impute II
responsibility liability tote Property Owner for any and all. presentPre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Pre-Work a uir m, tints. The Property Owner will be required
to complete any and all Pro-Work, as required by the NIPto successfullyaccommodate
the NIP acoustic modifications. The Propertyr will be requiredto complete alI
designated - items utilizing, their own funds and ger the required deadlines as
established the NIP. In the event the Property Owner fails to complete the
si n Pre-Work items by the establishedI li , the Property Owner shall
removedbe I participation the PropertyOwner shall be liable to the County
and/or Contractor for any and all resulting damagesand all direct and indirect
related thereto.
1 . its t " - i I lrement. In
compliance the Cityf Key Westi hall and the City of Key WestBuilding
Department construction permit issuance requirements, the Propertyr will b
required to install 1 - It " - smoke alarms in their condominium in
Propeny Omer Noise Insulation Agrea nt Page
accordance with all applicable codes and regulations by the requiredin
established y the NIP. The Property Owner will be responsiblen that the
smoke alarmsnot installed in same areas within the condominiumI
edification work will occur, to'avold an gt ential i M. an to t I n ru ion
Drocess. In the event the Property Owner fails to install the designated "hard-wired"
oke l the establishedI li , the Property Owner shall be removed
from NIP participation.
17. Suspension of Program Process. The Program process may be
temporarily n at any time during the design and/or construction phases upon
the discovery of Deficienciesu to their Ootential impact the Program
Improvements an u warranties. The Program process will not resume until the
Property Owner has corTected all related problemsthe satisfaction the Program
Manager. In the event repairs are not completed in a timelymanner, the Property
.Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay and/or stoppages of the work.
18. Limitation on Alterations to the-Pro The Property Owner
agrees not to make alterations, or to permit any tenant i any portion of the
Property to make alterationsto the existing windows, o and/or walls from the time o
the Design process until the construction of the ProgramImprovements have been
completed. c ins to this rule must b pro-approved in writingthe Program
Manager. Failure to adherethis qui et may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction o
the Program Improvements rty. The Property Owner will be liable to the
Countyfor all direct and indirect oci ted with unapprovedalterations and
damages related thereto.
19. PProsandPost-Construction Noise ss. - post-
t ion noise testing is a very important Program process that is designed o
measurer i l achieved noise level ion level t treated
properties. If selected by the Program Manager for - & post-construction noise
testing, the Property Owner agrees to provide access to their property for testing
agrees to not to make alterations to the interior of their property (with the exceptiono
repairsfici ci ) from the time of the pre-construction noise test to the em st-
construction noise test., In an e rt to insure consistentnoise to collection, the
Property Owner also agrees to preserve the interior layout of furniture, r coverings
and window treatments from the timethe Pre-construction noise test tot Post-
construction noise test. The Property Owner understands that the failure to adhere to
this requirement may result in corruptionof the noise testing . Therefore, the
OwnerProperty understands they may be liable to,the County for any direct and indirect
noise testing t in the event these requirements are not met.
. Qo pgr
ation. As reasonablyrequested, the Property Owner shall
cooperate with the Contractor, the Manager and Monroeu in the
performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallationwall hangings and furniture as necessary.
_____ -------------------------
hwpeny
Owner Noise Insulation Agreement Page
® Utilities. The Propertyr shall permit the Contractor to use, at
no t to the Contractor or the existing tiliti h as light, heat, power and
water necessary to carryout the Improvement .
Design22. i t scheduled times r upon
t less t twenty-four tip i , the
OwnerProperty agrees to provideto the r m, r, Contractor, subcontractors,
suppliers, City, State l inspectors and consultantsto the
Property to ccillectI ll final design and bid documents. iit ld
include, but not be limited t , property survey, design , hazardous material
inspection, pre-noise testing 1 i it. In the event the Property Owner falls
provideto the Property for all required NIPi id Process visits, the
OwnerProperty shall be removedI rtl i tl
® Pre-Construction c _ r tprovide
access t t forty-eight
prior to the 1 t f NIP
construction. hi m it will provide the r with the ability to ensure
that the Propertyr has met all furniture storageresponsibilities. llcould
result in the n i n f the scheduled NIP constructionthe r shall
be liable to the COUntyr Contractor for any and all resulting II direct
and indirect sty related thereto.
24. Pre and t Construction t I timesand/or
n1 not le thantwenty-four h notice I ff andlor
and r the established IP construction schedule assignment, the r
agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, City,
State federal inspectors and consultantsto the Property to provide
all required NiPr t I n and Post-Construction vi i . visits could
include, t not limited t l t, -c t i . inspections, i f
Designatedtrequirements, t constriction inspections post-
construction i nolse testing. In the e t th r falls i r all
requiredI and Post Construction visits, the r shall be removed
from NIPparticipation the Property Owner shall be liable the urn and/or
Contractor for any and all resulting damages and all direct and indirect trelated
thereto.
Construction Period Access. Upon award of NIP construction
contract,.t t r will provide the Program Manageri their final construction
schedule, which will include the i r of calendar days to complete the NIP
construction in each of the participating inin this h I W the
Program Manager ill assign each Property Owner with a designatedr of
calendarin which construction will occur in their condominium. The
Owner,agreas to relocatefrom their condominium for the entireined time . I
addition, the Property Owner agrees not t re-enter their property for any reason during
their assigned constructionperiod due to safetythe t tl I to negatively
impact the Contractor, In the event the r falls to providefor their
assignedt ion time period, t n r shall be removed from NIP
-_e ___w...... ........ .. _...................._..®.
Owneroise l d t Page 8 of 28
participation nd the PropertyOwner shall be liable to the CountyContractor for
any and all resulting damages and All direct and indirect t related thereto.
26. Construction ExtensionPeriod t in theNIP
construction period ill intotheiWest hurricane
a there
�. ipotential r
construction delays and/or stoppages, beyondthe control of the Contractor, in the event
of a threat of an approaching hurricaneand/or an actual hurricane nt. Due to this
possibility, the r understands that delays may occur in addition to their
originally i ned construction time period, without any fault or cost to the Contractor
and ProgramManager. n , the Property Owner agrees to relocatein their
condominiumr all additional calendar nitin from NIPn t tl n work
stoppagesto a hurricane threat or event at no cost to the County, Contractor r
Manager.Program In the event the Property Owner falls to providethe required
additional access to their condominium due to hurricane-relatedstoppages, the
OwnerProperty shall be removedl rti i tin and the Owner shall
be liable to the County and/or Contractorfor any andall resulting damages and all direct
and indirect costs related 'thereto.
m Discovery of Pre-Existinq Deficienciesin t ion. In the
event the Contractoripro-existing deficiencies t the Property duringthe l
construction process that negatively impact the installation of the improvements,
the Property Owner agrees to immediately repair and remediatedeficiencies inl all
effort to reduce any negative impact on the l n try i n period. TheProperty
Owner understands that, depending on the timing the i ti n i nrepair,
the NIP construction period may need to be n t no fault of the
Manager or Contractor.
28. Impact f Unibreseen KWBTS Building Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditionsthat
duringmay arlse the I n tru i n may have the potentialt increase the ri i t
scheduledtl o of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan for the 'worst-case" possibility that the
originally-scheduled cn try i n completion datebe lm few additional days
due to unforeseen building conditionsthat may adse andcomplicate the I
construction.
m Existing Windowr Treatments, Shades andBlinds. The
Property Owner understands that, after the installation of new NIPacoustic Window
doors, the i in in and/or door treatments, shades an lin not be
compatible nor able t re-Installed to sizedifferences n the n
existing mn
Existing n MoLding. During the installation of the new
acoustic l , the i ill be providingn "standard" replacement
interior trim ills. The Property Owner understands that the NIPreplacement trim
mll not match custom and/or specialized crown molding pattems and/or custom window
and door tom. After the l ti n of the NIPi tin , the Owner will
have the ability to make modificationsthe l interior trim at their own expense.
.._.._.. ....... .........�
e Owner'Noise Inm1ation Agreement Page 9 of 28
9. Communication... Reguirements. The Property Owner agrees t
read and review all NIP emallsfor letters in a timelyi ich are bin
provided the I to ensure schedule c . In theevent the Property Owner
!!s to meet this requirement, it could result in removal from NIPparticipation.
. Title, Examination. The Program Manager has obtainedr will
obtain, at its sole cost and "Abstract Title" to ensurethat the Property
title is free from liens for title s.
33. Cooperation in Clearing Titl Prior to the commencementf
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (1) correct anytitle i the Property which are disclosed
by the uAbstract of Title" and i - the soledetermination of the County may serve
invalidate s nt, and (!!) secure the writtent of any and all mortgage
holders to the Property Owners conveyance of the Easement to the Countyif the
County t r ins that it is necessary or desirable to do so (collectively, t "Title
Matters"). I , prior to the commencement of construction of the Program Improvements,
the County, in its l discretion, determines that the Titleaffecting
may invalidate the Easement, this Agreement shall be null and void, the Easement
all be terminated.
. Federal Assurance. As requiredI Aviation
Administration, the Property Owner agrees to the followingvision
a. The Property Owner shall subject the construction work on the
projectsuch inspection and approval during the construction of the Program
Improvements and after completion of the Improvements as may reasonably
requestedbe the Program Manager for Monroe County.
Afterb. final completion of theImprovements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, r constructed under this Agreement. Neither the Federal Aviation
Administration nor the Countybears any responsibilityfor maintenance and operation
these items.
3 . Reduction of Fresh Air Infiltration. The Property Owner will be
requiredo sign Exhibit _E (Ventilation Hof I ) which imputes all
responsibility the Property Owner for the proper maintenance of interior moisture
humidity levels.
36. Salvage of Materials & Equipment. If the Property Owner desires
to retainof the material or equipment removed from the Property l the
Program Improvements, the Property Owner shall arrange for the salvagef said
materials n equipment i ly with the Contractor at the Property Owners sole risk
and expense. The Countyu no responsibilityr the condition of thematerial,
equipment r surrounding surfaces as a result of the owner-requestedsalvage. The
OwnerProperty and the Contractor shall, prior to the commencement of construction,
agree upon and execute a documentlisting those items to be salvaged. In the absence
Propeny Owner Noise Insulation Agmement Page 10 of 2
of such a written agreement, all items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
37 Property Insurance. During Program construction period, the
Contractor will provide builders risk insurance for the Property. The Property Owner
shall have the option, at the Property Owners sole cost and expense, to maintain a
homeowners insurance policy for the duration of the construction of the 'Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builders risk insurance will cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
38. T ffing. and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contracmi-Is
odginal projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
39. Labor and Material ,Release. ' The Property Owner releases and
forever discharges any and all c alms, suits and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractors and
supplier's with. respect to issues relating to the conformance of labor, materfals and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40. Sale of PMRerty. In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owners responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a walver of,
acquiescence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
42. Release of Easement. In the event that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon wHtten request by the County, shall pay to the County the
sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and
recording of the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owners
responsibility to insure such payment is made in order to "clear' the title to the Property.
—-----......
Pwpeny Owner Noise Inndation Agrwment Page I I of 28
43. Authorilyto ExecuteCounter. By Resolution No. 111-
1004, duly motioned ands t a lawfully announced public meeting, the Board of
County Commissioners Monroe County, did, on the 1 r day of March 2004, grant full
authority for the County Administrator to execute this Agreement on behalf of the
Countyihout further action by the Board of Countyo isi .
. Attachments. Attachments to this Agreement include the following,
which are incorporate ��into this Agreement by reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit : Legal Description of Property
c. Exhibit Improvements.
d. Exhibit : Deficiency Holdless Agreement
e. Exhibit : Ventilation Hold Harmless Agreement
. Goner-al Conditions.
a. ove ins Law, Venue, Interoretation, Costs, and Fees.
(1) This Agreement shall be govemed by andconstrued i
accordanceith the Laws of the State of Floddaapplicable to contracts made andto be
performed entirely 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 n rtOwner agree that venue ill lie in the appropriate court or before
the appropriate iit iv body in Monroe CoUnty, Florida.
( ) The County and Property Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted ei do prior to the institution f any other
administrative or legal proceeding.
( ) The County andp r agree that in the eventn
cause ion or administrative proceedingis initiated r defended
relative to the enforcement or interpretation this Agreement, the prevailinga shall
be entitled to reasonables, court costs, investigative, and out-of-pocket
expenses, against the non-prevailing iatiproceedings
initiated ut to this t shall be in accordance it the
Floridai f Civil Procedure and usual and customary drequired by the
circuit court of MonroeCounty.
b. Bind Ins . The terms, venants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Propertyr
and their respective legal representatives, successors, and assigns.
_.......®__® .......... ............
Pmpeny Owner Noise Imulationt Page 1
c. Severabilit If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement
shall be' valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terTns, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. Authoritv. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by law. -
9. Duration of Agreement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County and shall remain in effect for a period reasonably required to effect the
Program Improvements (the wTerW), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. Acceptance of Grfts Grants Funds pests. The
M, Assistance , r 2-
County and Property Owner agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims f6rfederal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement, provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission.
h. AdWication of Disputes or Disagreements. The County and
Property Owner agree that all disputes and disagreements shall be attempted to be
resoI ved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
1. Nondiscrimination. The County and PiDperty Owner agree that
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurTed, this Agreement automatically terminates Wthout any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to. (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (2) Section 504 ofthe Rehabilitation Act of 1973,
as amended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
...........
Nopen�v Omer Noise Insulation Agreement Page 13 of 28
prohibits i cri i ion on the basis of age; ( ) The Drug Abusei n Treatment
Act of 1972 ( .L. - ), as amended, relatingto non iscri m!nation on the basis o
drug abuse, ( ) The ComprehensiveAlcohol Abuse And Alcoholismv ti ,
Treatmentn Rehabilitation Act of 1970 ( . 1- 1 ), as amended, relating
nondiscrimination sis of alcohol abuse or alcoholism, ( ) The Public Health
Service 1 s. 523 and 527, ( -3 and 290 ee-3), as amended,
relating to confidentiality of aI l and drug abuse patient records, ( ) The Americans
With Disabilities ( U.S.C. s. 1201 Note), as may be amended from time
time, relating to nondiscrimination on the basis of disability, ( ) The Florida Civil Rights
Act of 1992, (Chapter , Florida Statutes, ion 509.092, FloridaStatutes), as
amendedmay be i a to time, relating nondiscrimination, ( ) The Monroe
County Human Rights Ordinance (Chapter 1314, Articleill Sections 1 -1 1 through
1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 )
otherany nondiscrimination provisions in any federal or state statutes or local
ordinances which may applyto the parties to, or the subjectmatter of, this Agreement.
j. Cooperation. In the event any administrativer legal proceeding i
instituted against it r party relatingto the formation, execution, performance, or
breachthis Agreement, the Countyr agree to. participate, to the
extentui other party, in all proceedings, hearings, processes, meetings,
and other activities relatedto thesubstance of this Agreement or provision of the
services r this Agreement. The Countyn n r specifically that
o party to this Agreement shall be requiredr into any arbitration proceedings
related this Agreement or any Attachmentr Addendum to this Agreement.
Books.k. Records, and Documents. County r
shall maintaindirectly pertinent to performance under
this Agreement in accordance withgenerally accepted accountingri i I s
consistently liparty to this r their authorized representatives
shall have reasonablen i ly access to such records of each other party to this
Agreement for audit purposes duringthe term the Agreement and for four years
following the termination of this Agreement.
I. Covenant of No Interest. The County and Property Owner
covenant that neither tl interest, and shall not acquire anyinterest,
which would conflictin anyr or degree withits performance under this
Agreement, and that only-interest of eachi e orm and receive benefitss recited
in this Agreement.
m. Code of Ethics. The Countythat the officers
employees of the Countyi n ill be requiredto comply ' standards of
conduct relating u lic officers and employeesdelineated In ion 112.313,
Floridatutes, regarding, but not limited lii i t acceptance of gifts; doing
business with one's ; unauthorized compensati is public o itio ,
conflicting l m contractual relationship; and disclosure or use of certain
information.
P�Vpe er Noise hsuladon Agreement Page 14 of 28
n, No Solicitation/Payment. The County and Property Owner warrant
that, in respect ,to itself, it has nelther employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or, other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or Violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or othervVise recover, 'the full
amount of such fee, commission, percentage, gift, or consideration.
® Public Access. The County and Property Owner shall allow and
permIt reasonable amass to�, i;jIn , all documents, papers, lefters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement, and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section f article I of the Constitution of Florida. The County and
Property Owner shall allo,w and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
or under its control subject to the provisions of Chapter I 19, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the dght to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of tile
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enfbroo the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorneys fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is-encouraged to consult with its advisors about
Florida Public Records Law in order to comply With this ion®
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Ke!ep and maintain public recordsthat would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
.......... ..........................Rropeny Owner Noise lwuladon Agmement Page 13 of 28
authorized law for the durationterm Il i completion the
contract if the Propertyr does not transfer the records to the County.
( completion of the contract, transfer, t no cost, to the
County II public records in possessionthe Property Owner or keep andmaintain
public that would be requiredo r the service. If the
OwnerProperty transfers all public records to the Countyupon completion the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosurerequirements. If the Property
Owner keeps and maintainspublic upon completion of the contract, the
OwnerProperty shall meet all applicable requirementsr retaining publicII
records stored electronicallyprovided to the County, upon request from the
County's custodian in a format that is compatiblei the information
technologyt s of the County.
( ) A request to inspect or copy public records relatingo a County
contract must be made directlyo the County, if the Countynot possess the
requested records, the Countyshall immediately notify the Property Owner of the
and the Property Owner must provide the records to the County or allow
records to be inspected or copied within a reasonable time.
If the Property Owner has questions regarding the application
Chapter 119, Florida Statutes, to the Property Ownersduty to providepublic records
relating this contract, contact the Custodian f Public Records, Brian Bradleyt ( )
.
. Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
, Flodda Statutes, the participationof the Countyr in this
Agreement andthe acquisition of any commercial liability insurance coverage, self-
insurance ve , or local government liability insurance pool coverage shall not be
deemed a waiver of immunity the Countyto theliability coverage, nor shall
any contract enteredinto by the County be required to contain any provision for waiver.
q. rivil !ks and Immunities. li of the privileges and Immunities from
liability, tion laws, Inances, and rules, and pensionsrelief, i ili ,
workers' compensation, other benefits which apply to the activity of officers, ,
volunteers, or employees of the h i their respective functions
under this within the territorial limits of the CountyII apply to the same
degree and extent to the performanceh functions and dutiessuch officers,
volunteers, or employees outsideterritorial limits of the County.
r. Legal ON toand Responsibilities- o - _ I_ ti n Of
Constitutional or Statuto Duties. This Agreement is not intended to, nor shall it be
construed li vi participating eni ny obligation or responsibility
imposed upon the entitylaw except to the extent of actual and timely performance
thereof by any other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
, nor shall it be construed as, authorizingdelegation sit ion I or
statutory ti the County, except to the extent permitted y the Floridaconstitution,
r Noise Insulationn e 16of 28
state statutes, case law, and, specificaliy, the provisions of Chapters125 and163,
Florida Statutes.
Non-Reliances. Non- rtu mn or entity shall be entitled
to rely upon the , _ r any ofthem, ofthi Agreement to unto r aftemptt
enforce any tHrd-party claimr entitlement to or benefit of any servicer program
contemplated herr, and the mn r agree that neithert
Countynor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, 1, or otherwise indicate that any particuiar unduvldual or group
of individuals, entity or entities, have untitl t r benefits iunder this t
separate and , Werlor to, or superior to the communityin general or for the
purposes conternpiated in this Agreement.
t. ti m The y r t cuts h
documents t Countyreasonably require in the perfbrmanceof the obligations
and duties of the CountyOwner under this Agreement.
uu. covenant or agreement contained herein
shallm to be a covenant or agreement of any member, offl der, agent or
employeerm my in his or her individual capacity, and no m r, officer,
agent or employee of Monroe Countyl be liable personally on this ems r be
subject to any personalliability r accountability by reason of the executionthis
Agreement.
. Execution in Counterparts. This r mnt may cut in
any number of counterparts, each of which shall be regarded as an ors uun 1, all of which
taken together l rm tuft t the same.instrument and any of the rti
heretot this Agreement by signingsuch counterpart.
. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is that such
section headings arenot a part of this moment and YViil not be used in the
interpretation of anyvision of this nt.
......................... ............................... ...—----------nnn__
Propeny Owner Noise Inmiation Agreement Page 17 of 28
IN WITNESS , the Property Owner and the Countyv
executed this Agreement as of the day and year first above written.
WITNESSES: PROPfRTY OV0
JS
ej
Date
Signature
Printed Name
---------------
WITNESSES: PROPERTY OWNER:
Sig
s Printed Name
n" r
Signature
Date ._
Pdrfted Name
....... ------------=
+Y' TY BOARD OF COUNTY COMMISSIONERS:
MAYOR CHAIRMAN:
. 'KEVIN MA . f
K, CLERK
By:
DeputyI r Signature
t
ryWAM ,
'
-
oise.[ Cation Agmement � e t of 2
:
_., k ERCA
SS1 P 1I , RN
PROGRAM POLICY STATEMENTS
r Property Owner it A
NoiseExhi
To
A. Air Conditioning: General Restrictions. While 1 i [ "mink
split' AC systemr condominium as a part of the Noise Insulation
modifications, the followinglimitations and restrict[ ill apply to all it
16 All condensingit iii be installed the balcony
All refrigerantlines (running the balconyi its will be installed
consistent i [l rules, maintaining a maximumheight of 48
inches.
3. All condensate lines will be installed on the buildingexterior consistent
Board policy l the highest level of consistencybuilding
architectural aesthetics.
4. All interior AD lines 1 and Energy Recovery
Ventilator ill be housed in l l wall and comer pilasters
ill be constructedto match the qualityexisting ll . The number and locations
of the now vertical l and comer pilasters will differ depending on your unique
condominium l s The NIPi l ill
reviewthis infrirmation witht your NIP Designi tl
® Only electrical service panelsthat are determinedthe Program Manager to be
deficient •ll be replacedthe Program as a part of the NoiseInsulation
modifications.
B. Window Sill Replacement. to the presence of asbestos, the NIPill provide
new custom wood surround and ill instead of the existing
to this 1plan, existing customit 1 , granite, ill not be replaced.
This revisionit be an improvement, while decreasing constrictiont improving
time i i
RestrictionsQ Custom Crown Molding and
abatementThe new asbestos requirements itrestrict the abilityto remove existing
customri construction , which will not
allow I I t time fbr the awarded general contractortmatched
replacement instead,trim. I existing I , wall trim, , the
contractor Ill, t the existing trim the new pilaster or
thru ll ac-infill. At new pilaster locations , if the thru wall so liffill abuts the existing
contractorbaseboards, the ill install - t t
abut the existingrather than attempting to matchexisting trim ii
and materials. After the completionl r i , t r will
...................... . ........__......._�_ ._-.
Exhibit A-Aropeny OKwff NoiseInndation Agmement Page 19oft
have the option to replacethe installed trim withother custom trim to matchthe existing
materials and profiles.
D. r _ to stringent Florida hunicaneimpact andwater
infiltration buit ire , all new aluminumacoustical prime entryi
sliding glasspatio ill have thresholdsthat are considerablyhigher (from the
than existingr thresholds. These higher door thresholds i n t
providetlmum protection to the interior f a condominiumr infiltration durl
hunicane.
E. KWBTS Asbestos Testing
As required t l requirements, THC conductedt testing ll
participating KWBTn l i in Buildings A, B and C during the r 2017
Aprilto 2018 tirnetesting included ll i to 9 samplest each
condominium include joint compound, Window glazing, exterior
windowr caulking. In addition, random exterior stuccosamples ll
on both the Valkwarl building l tl .
Dependingthe laboratory analysis of these samples, the presence of asbestos
rrtlmaterials the potentialt impact several areas oft I
construction include:
window removal and acoustic window installation,
- door removal and acousticr installation,
I l t-i- ll" AC units ,t infilling of openings,
- ceiling cutsrequired for installation of the ductless ,
I cuts requiredr the installation of the ductless ,
construction f vertical wall pilasters required fbr installation of the ductless
systemAC ,
construction f closet soffit fbr installation of the ERV.
F. Asbestos Abatement Reguirements
In the event any samplesn f asbestos containingt rt l , the
awarded NIP contractor will be requiredto perform the following abat t
requirements dur; tr
I
The NIP contractor will be requiredl i r safety requirementst
include r respirators, poly curtainsin ll areas where the surfaces aredisturbed
and the use of HEPA vacuum cleaners in the areas where surfaces arel , cut
aridlor sanded.
Exhibit -Property Owner NoiseAgreement Page 20 of2
If samples show a presence of ACM '1%
The NIP contractor will be required to perform full asbestos abatement procedures as
directedvi I Protection Agency(EPA)to include:
Construction n in t barriers in all areas (walls, ceilings, closets,
i i atel t from all walls and areas Impacted
the NIP modifications.
- Abatement andi (resulting litiprocess) by
certified abatement staff.
Air sampling of containment areas and clearance of all areas by certified
asbestost nt staff to allows to containment areas by traditional
(non t t) woftrs.
THC will be requiredprovide executive oversight of all ACM abatement
processes in all condominiums throughoutthe I t ion process t
properensure compliance withfederal and state abatementi lin s.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening ion period and increasing the sequencing
and coordinationi of contractor crews.
Given the cost to providei is abatement procedures, the FAA
will require THC to developi nsru ion plan that minimizes the
disturbance f ACM to ensure the minimizationion costs,
duration, andliability to the contractor and KWBTS property . This plan
ill result in new property owner requirements and design restrictions which
are outlined below.
AuthorityH. KWIBTS BOARD of DeslanDecisions. ill have
Authority several of the Program designci ions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Interior Ductless uM!n!-Splir AC SystemInstallation Requirements
5. Interior Ductless "Mini- lit" AC System Interior t Design and Placement
6. In-Filled itch riDoor Policy
_ _...............
Exhibit A- r Noise Insulation a t Page 21 of 2
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 213-C, 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, of the Public Records of Monroe County, Florida.
...............EAibit B-Prop"Owner Noise DmIation Agreement Page 22 of28
PROGRAMIMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible-home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Dooqs)
Replacement Aluminum Acoustical Sliding Glass Patio Dooqs)
...................................
............
Exhibit C- r Noise Insulation Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid ori behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Earbibit Q ls.attachecL the undersigried, for and on
behaff of the undersigned and the heirs, personal representatives, successors, and
assigns of ttie undersigned, forever releases, remises, discharges, indernriffies and
covenants not to sue, institute claims against, or institute any proceedings agalnsl� the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or it respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-ExIs tiro g Deficiencies (the "Deficiencies7) against said
County or any of its officers, agents, employees, consuftants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility lbr the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations,. structural damage, water I moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either"Minor" or"Severe".
5. The Property Owner assumes full responsibility for the worsening of any
documerited Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified during the design
process, the Prop" Owner agrees to complete necessary repairs to the Property, to
ttie acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
are uncovered dudnig the construction period, the Property Owner agrees to complete
..... .. .............. ....
Ekhibit D-Prvp"Owmer Noise Insulation Agreement Page 24 of 28
necessary repairs to the Property, to the acceptance of the Pmgram Manager to
minimize any delay or stoppages of work.
7. The undersigned acknowledge and agree that all of the release and hold
harmless and indemnity provisions set fbrth in Paragraph 1 of this Exhibif Q apply to
prop" damage, injuries, deaths, or damages arising from the Deficiencies and/or all
negative impacts t t later result after the addition of the Program Improvements. The
provisions of this Erhibff Q shall survive the tennination or expiration of the Property
Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terrns and provisions of this ExhibIt
Q shall be binding upon, and inure to the benefit of the undersigned and their respecrive
Keirs, personal representatives, successors and assigns.
g'S E PRO WE RTY-0
—---------T
nau re
Prin,te--d_Name _-,__`,",_
�7r&d Name
L_J_ -al—)
S"lrum
..........
PTnte�Qamed���
.................. ..............
Wv -- —--------...... —---- - .......
P 'FY OWN
Mgnatum
signature
%j
nted Nam ......... rn Du- Y r,4 �4
AN
Printed Name
r.
Date 1'
................ ................ ............. ............
...... ...
rWffkiS E'8:- ------ PROPE RTY OWN ER:
'�ignawm�_
...............
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
-------- ...... ..........
—---—------
Exhibit D-Property Oymer Noise Insuladon Agreement Page 23 of28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behaff of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the uAgreernent'.) between the County
and Property Owner and to which this Exhibit E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges,. indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage tot
property and the consequences thereof, and any of the fbregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the "Deficlencles7) against
said County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-splif air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
will provide an adequate exchange of inside / outside air to the condominium as
required by building code.
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the
potential for mold and moisture problems, especially during perlods 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
moist 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
...........
Mch ib it E-Prop erty Owner No Ise Insula don Agreem ent Page 26 of 28
bathroom moisturein a central it i ring the Program design
survey process it was discoveredbuildings lack a solidcentral building
exhaust shaft. Dueto this existing condition, these original wall v (if still )
have the potential to provide a pathwayfor unwanted air, smoke and/or gages into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing of original wall vents in all bathrooms and for any and all negative impacts that
may It if left untreated.
5. It is clearly a buildingviolation to ductlaundry r exhaust to the
KWBTS central exhaust shaft. In the eventr has Incorrectly d
their laundry r vent to the KWBTS central building exhausty agree to
correct this deficiency by properlyexhausting their laundry r exhaust in an
alternative to that meets current buildingtheir cost before the initiation of
the Program construction process. Furthermore, the Propertyr agrees to assume
any and all liability I to the improper ducting of their laundry r exhaust.
a The Property Owner understands that t Improvements ill not
address i n bathroom ventilation for excessive interior humidity levels
generated y the Property Owner within the interior of the condominium. The Property
Owner understands assumes full responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moistureproblems for interior humidity
levels in the In addition, the Property Owner agrees to assumefull
responsibility r the maintenance andoperation of the NIPventing o ifi do r
completion h Improvements.
. The undersignedacknowledge t all of the release, hold
hanniess and indemnity visions set forth in Paragraph1 of this Exhibit apply
injuries, deaths, or damages sustained in connection with or as a result of any and all
interior ventilation defi ci rii r the addition of the Program Improvements
including, t:not limited.t , high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation. visions of this T _ExhibitII iv the termination or expiration o
t r of I d o ___ __l a t.
8. The undersigned that the terms andvisions of this
Exhibit ll be bindingn inure to t fit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
V Pik, �ERTY Owl
^.
— w .tee
y a
rhI �&Name , � �� i a C 'e I
„F . ,. ..e , . rule Name
t
Signature
tore ��� " - `��..,�� �' ',F D to
Printed Name
...... .. ....� .... . e _m
Exhibit E-Property Owner Noise Insulation Agreement Page 27 of 28
...............
................
PROPERTY OWNER:
,Th�,S ES. Je
5C,pah.".0
4 Signature
f—ol L
NInAml Nwne
I PdrarxI Name
r
L7
----------- ... ....
.......... . .......
................
WITNESSES: PROPERTY OWNER:
Signature ..........
Signature
P.drited Marna
do
Signature
Pringd-—Name "'
........ ...........
............ ......... .. ...... ®_—---------
Exhib bit
t",E-Property Owner Noise Insulation Agree?nent Page 28 of 18