09/18/2019 Agreement/Easement-C214 �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
PregamsLly and BSJN DOC#2263741 Bk#3018PO2412
Heather P. Faubert RecOrd0d 41/2020 11.14 AM P8P I of 4
NIP Assistant Project Manager
THC, Inc. Deed Dw swW So.00
710 Dacula Rd.,Suite 4A#315 Bed and Racmded in Offick!Rwards of
Dacula, GA 30019 MONROE COUNff JMVM MAD01r,CPA
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
Hjf MEN AGREEMENT is entered into this av day of
G TST
2 by BRID E EFAN&GEERT KAUSCH",hereinafter reftired to as"the Property
Owner," in favor of the MONROE COUN7Y BOrARD OF COUNTY COMMISSIONERS, a
body polific and corporate, hereinafter referred to as "BOCC!
RECITALS:
A. The Property Owner is the fee simple fideholder to certain real property ("the Propery)
located in Monroe County, Florida, more particularly described as follows:
Condominium Unk 214-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium,
together wdh an undivided interest in the common elements, according to the Declaration of
Condominium thereof, rworded in Official Records Book 589, Page 370, as amended from fime to
time, of the Public Records of Monroe County, FL.
also identified as street address* "2601 S. Roosevelt Blvd., It C214"
B. The BOCC is the owner and operator of Key West International Airport(0the Airporf) and
desires to make properties that, through interior noise exposure testing, are determined
incompatible as a result of their exposure to aircraft noise compatible for residential
purposes through the implementation of a Noise Insulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay fbr the installation of
improvements and modifications to the Property Owner's Property necessary to reduce
interior noise levels at least 5 dB and to bring the average Interior noise level to 45
d13 in accordance with Federal Aviabon Administration policy. Granbng of an Avigation
Easement ("Easement') is a BOCC condition of participation in the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its cap as the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
I ntemational Air - �in U,ft
port N�P *C2.14)ke Page I of 4
Owner Noise Insulation i implementation
NIP will benefit r and the Property by providingi { !sound
attenuationi all eligible residential property necessary
to achieve a reduction in indoor noise levels f at least 5 dB and bringaverage
interior noise level below 45 dB in accordanceI Aviation Administration
policy.
F. The Property Ownerfull lP eligibility cou{ change
time, is currently9 i nCondition Noise
Federalaccepted by the Aviation Administrationr 19, 2013.
G. The NIP will be administeredin accordance with the current FAA Order 5100.38, i
Improvement Program Handbook.
H. It is the 'purpose of this Easement Agreement to grantperpetual
avigation easement, on termshereinafter set forth.
NOW THEREFORE,for and in considerationf the improvements to the Subject
throughProperty I ,the receipti is hersoy acknowledged
parties, and in considerationincorporation into this i the recitals
above,set forth the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalfr and b heirs, i II
successors in interest, , bargain, sell and convey , !
successors and assigns, a perpetual avigation easementr . The use
Easementof the shall include to generate and emit ! r
associatedeffects as may be r ion of aircraft over or in the vicinity
property. i {! apply to all such aircraftactivityr
in whatever form or type, duringn, to or from the Airport and it being
the intent of the partiesII such Airport activityII be deemed to be included
within the purviewi .
2. This II be perpetual in natureII bind andtitle
propertyII run to the benefit of the BOCC or its successor in interest as owner and
operator of the .
3. The Property Owner on behalff the Property Owner, i irs, assigns and
in interest, Iease the BOCC, and any and all related parties ,
including not limited i ,
employees andlessees, from any and all claims, , liabilities,
costs, r causes of actionin r nature for which
Owner or its heirs, assigns, or successors currently in the past possessed,
r will in the futures sl operations r aircraft activitiesn
noiselevels I r generated by Airportor may hereafter have as a result
of use of this Easement, including limited ov - i
propertyor contiguous property due to noise, n r effects of the operation
.Airportr of aircraftlanding or taking off at the Airport.
y Msi in.. . ionai a. rt NFP— non ni tune i } _ page 2 of
. This t expressly ludes and reservesto the Prop" Owner
Owner'sProperty heirs, assigns IIIn interest, claims, demands,
debts, liabilities, costs, aftomeys' r expert's fee, or causes of action for
physicalr personal in ury use aircraft r of aircraft i
the Easementthat dioes identifiable physical damage to the property, r'lhjuir t
on the property by cominginto irect physical contact Mth the r r the person on
the property.
,. Should either party heretor any of their successors or assigns in interest retain
counsel to enforceof the provisions herelin or protect its interest in any matter
arisingunder this Agreement, or to recover damages by reason of anyalleged breach of
any provislon of this argent, the prevailing shall be entitledall
damages and expenses Incurred including, but not limited to, attorney's attorney' fees and costs
incurred in connection therevAth, including appell t ii .
R No provision of this Agreement is to be interpreted for or against any, use that
party r that $ liegal representativer such provision. This Agreement shall be
interpreted and constr i to the laws of the State of Flodda.
' . No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
breach,any one of,any provision of this Agreement shall mot be deemed �to be a waiver
of any other breach of the same orany other provision ofthi rent. '° hi t
may be amended 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 croad herein is held invalid, voi r illegal any court of competent
jurisdiction, the saimeshall be deerned severablet aim r of this Agreement
h ll ire no way affect, impair or invalidate any other provision hereof so long as the
rernaining prsvisions do not materially I r the righ ligations of the parties. it
such condifion, covenant or other provision shall be deemed invalid due to this r
breadth, h covenant, condition or other provision shall be deemed valid t the extent
of the scope air,breadth permitted by law.
. In the event r t the Airport shah be subdivided into more than parcel, or the Airport r
portion thereof becomes sublect to operation, management or administrabon b,y a party
in additionto or in lieu of the , they and in that evert the parties agreethiat same
shall not terminate t r otherwise affect this Agreement so liong as a portionof the i r
continues t for standard airport flight purposes, and that any such successor
in interest to the shall be entitledto all of the benefits running to the BOCC
hereunder,
'The rod r agrees that the Props r shall bear and be responsiblefor
all costs of maintaining andgratin ant sound aftenuation materials and equipment
installed in the Property by or on behalf of the BOCC.
... ._.....
y West Intemetlonal Airport NIP—A on Easement(Unit 9 )
This Easement Agreementi t .
PROPERTY OWNER:
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"'ring ;M, m g �_ 0 1, d No����
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S,T ; v OF ra
COUNTYOF
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The in instrument was acknowledgedb fbr rna t'hi ,itj w day of ' uuu uuuuf i
by
wr
kk ..�
_
PnVerly Owner Neme(a)
... __ y Commission i ,r �.�
r,.,F.Ary Public Signature
......... ., _.........
u. .....
..... . ..— .............
WITNESSES:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
Y
Orinted Name'
4-=J-),f1,L,
S• n to ��®� � � ��� t �' � ae
ignatun;
�.� w vn vww�v
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Printed Neme
STATE OF FLORIDA
COUNTY OF MONROE .,r
The foregoing instrument was acknowledged before me this day of.. ,20
by
as Mayor of the Monroeo oCounty Commissioners, a body politic and corporate.
My Commission Expires.
Ic Signature
OiNEY
West onal Airport NIP—Avi do Easement( nR 1 ) p Pjw5' it4
Address: Km, West b,,,the Sea
Unit No.: C 21
Name(s):
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEYWEsT
°I
THIS l (this rep r is made and
eff6cfive the date last below written
corporation r i under the laws of the State of Florida (the "County"),
and the and r ra
the Prop" is the sole record owner in fee simplef
certain real property located in the City of Key West, County of Monme, to of Florida,
and more particulady described on 'Exhlbit B. affached hereto (the "Property"); and
the County is the owner and operator of the Key West
Intemational t " i , situated in the Cityf Key West, County of Monroe,
State of Florida, and in close proAmityto the Property; and
WHEREAS, the County desires to obtainr the use and
benefit of the public a dght of free and unobstructedflight for aircraft landing ,
taking off from, or maneuvering about the Airport', and
WHEREAS, the Property Owner has elected to participatein the Key West
International itport's Noise Insulation Pr r "Program,") and, f the
Program, the Property Owner has elected to obtain acoustical treatments arid
improvements to the Property as more particularlyi 'Exhibit attached
„
hereto (the rear Improvements"), said Program Improvements to be paidfor by the
County at no cost to the Propertyr and in exchange for the granting to the our
f an avigation easemeint over, across and throe Prop"; and
WHEREAS, the County will enter into a construction contract with
general contractor (the untr ctr to providethe installation of the Program
Improvements, are
WHEREAS, the Program is managedthe consultant team consistingf
team manager and assistant manager, architect, mechanical f electrical engineer,
acoustician r n tr r manager selected by the Coin (the "Program any ram),
n
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program receive
the Prograrn Improvements ra the s and conditions provided herein,
NOW, THEREFORE, in considerabon of the terms, covenants and
conditions set forth herein, and other good and valuably considerabon, the receipt and
Propeny Owner Noise Insulation e Page
. oft
sufficiency i acknowledged, r and the County
hereby agree as follows:
- Grant of Easement. Simultaneously withtin of this
Agreement, the Or& Owner executed and !iv -to the Countyvi ti
easement ( °Easemenf) which Easement has been recorded in the public
of Monroe County, Florida. i in full force and effect and i
ratifiedhereby in all respects.
2. Proq,raml uua a t Consistent with t and/or
Federal Aviation Adminlstration Airport Improvement Program policies and procedures,
Managerthe Program has developedr lic outlining
construction !i i ility restrictions. The Propertyr understands
prescribedrogram Improvements will be consistentwith li
Statements provided n r by the Programr. A copy of the
Program Policy is attached hereto as Exhibif A.
3. Pavment of on a.. I �..u.. v n r,. .. -.Improvements c in Exhibhhereto. The Program
Improvements will be approvedr n r and County,
Program r, and performed by the Contractor.
4. inc Competitive Bidr The Property Owner shall not
impede or interfere with the Contractor's ability to select between approved product
manufacturersn subcontractors in the preparationi i l . To insure
competitive i itonment, the Property Owner is prohibitedi n
discussion or communication Contractor in Ii Program, the
contractor's i , or this Agreement until after award of the constructioncontract by the
County. iture of the Property Owner to complyi l provision shall, at the option
Countyof the in its solediscretion, ! in disqualification from the Program
cancellation of this .
Construction5. yR ill award the contract fbr the
ProgramImprovements consi i rl and County competitivebidding lici
and procedures. T contract willrequire r to completeProgram
Improvements w` i i defined the Programr.
Post-Construction r i iil . The Propertyr shall
meet all responsibilities and requirementspertaining pre-construction
post-
construction:
Priora. to the start of NIPconstruction, the Propertyr shall meet
II Pre-Construction i include:
( ) Removing all valuables (su jewelry, iguns,
antiques, irl c.) from their condominium;
(2) Moving of all furniture and belongings into the OlDesignated
SpaceStorage i !n the condomiiprovidingthe required "clear aream (white
Property r Noise InndationAgreement Page 2 of28
space in sketch) for the Contractor. When doing so, the r Owner vAll have the
ability to utiNzethe complete "floor to ceiling"
a
Removingall excessive fumiture and belongings from the
condominium that will not fit in the uDesignated Storage Space Area";
RemovingI and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space
Area".
Removing Il electronic and dust-sensitive itenis from their
condominium or wrapping withr t ti poly before storing them in t "Designated
Storage Space ";
Removingall wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in 1he "Designated Storage Space Area",
Moving all items and belongings into either the closets or
bathrooms outlined in the "Designated Storaget o
w After completion of the NIP construction, the r shall
yet all Post-Construction requirements to include,
Movingf all furniture and belongings stored in the
"Designated Stara, back to their original inane in the condominium:
Moving f and excessive Mmitureand belongings back into
the condominium-,
Re-installation of all wall treatments, door, treatments d
wall hangings back to their odginal positions in the condominium.
w In the event the Property Owner fails to rf any and all of the
abovePre-Construction responsibilities, the Property Owner shall be removed from
participation and the Property Owner shall be d to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
d. In the evert the Property Owner fails to performany and all of the
above Post-Construction responsibilities, the Propertyher shall be liable to the
County and/or Contractor for any and all resulting damages all direct and indirect
costa related thereto.
w .6 Construction. Once construction of the Program
Improvements ins, the Property Owner shall not impede construction or altar
construction schedules. In addition, the Property Owner shah prevent any and all
tenants that may occupy the Property during the construction of the Program
Improvements from ire construction or altering constr ion schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
_ ___... _......._. __._....Property Owner Noise
1 t o rid f 2.................
_.
alter the construction , the Property Owner shall be liable to the Contractor
and the County fbr any damages and allindirect, related thereto.
S. SafeWorking-E i.. r , `the Props shallresponsible
for providing safe working environment fbr the Program r, Contractor,
subcontractors, suppliers, and City, County, Statteand federal inspectors.
. Throughout all phases of design andns r c i Program
Improvements, the Property Owner shall be responsible for,
Providing a wori it n e that is free from potential
health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
kind and/or i ,
2 Refraining rbal abuse or
Refraining from resewe physical contact; and
Insuring that all pets are completelysecured and contained,
b. In the event the Property Owner fails to meet anythe fbregoing
conditions, the Programprocess y, at the Coin °s discretion, be temporarily
suspended at anytime. In such events the ProgramManager shall notify the Property
Owner in writing, stating the corrective acton(s) r condition(s) required to be
completed or performed by the Property DNner prior to the Countyi the
Program process.
the event the Program process is not resumed due to the
Property Owners failure to complete the corrective i rcondition(s)
required by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor for any and all damages and all direct andindirect costs related
thereto.
d. If the Prograrnprocess is resumed, the aspsOwner shall be
liable to the County and/or Contractor for any and aid damages and all direr and indirect
costs related to r caused by theternporary suspension of the r rprocess,
9. Construction.. � . Duringconstructionperiod, theContractor
may experience unfbreseen complications relafing to the installation of the Program
improvements. The construction contract shall provide that delays related to these
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the r completion may reasonably be extended. Construction schedules
y also be revisedif there is a delay in awarding of the contract or if the Program
Improvements have to re-bid in the event of lack of bidding contractors and/or failure
f the lowest responsive, a r i l bidder to execute the contract, provide a payment
and performance bond or show proof of required insurance.
10. Chancies, to S .off Work. The Program Manager reserves the right
to a changes to ft plans and specifications and the Program Improvements, at its
....m--------
Pro
_.
ro,jmrty Owwr Noise Imulation Agreement Page 4 of28
sole discretion, at any "lime uric the Program process, provided to changes do not
reduce the scope or qualfty of the ProgramImprovements ri in gLhibtf
such changes are necessitated by the discovery of hidden conditions not readily
detectablen normal propertyinspection pry
11. Acceptance Of Work. Upon completion f t Program Ir pr
the rya_ r shall . .ins r cause the i sp i t fProgram
Improvements to determineif they were completedpursuant to the tenns of the
contract. The Program r retains sole discretion and authorityprogram
confon-nance and performance issues as they relate the Contractor, subcontractors,
suppliers acoustic designs. The r Owner is requested to attend the
Substantial Completion Inspection and provideinput to the Construction Manager with
respect to the identified punch-list items. In addition, the Property r is welcomet
attend Itie Final Inspection. In the event the Property r elects to not aftend the
Substantial Completion and Final Inspections, they l rr surrender their ability t
provide input to the Construction Manager with respectto the acceptance f the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
OwnerProperty shall be required to submit the discrepancy in writing to Monroe County
(representative to be defined before the NIP construction process) Wthin 7 days of the
inspection i i rise to the discrepancy. Monroe County shall there make a
determination ato the acceptabilityf the conformance/performanceissue
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conformance/performance/issues. Failure by the Pmperty Owner to submit the
written plaint Wthin the time period ifi e shall thereafter foreclose the
Propertyright to filesuch complaint.
12. Termination of !Vgfflq1nt. The Property Owner understands that
the signing f this Agreement initiates s the I TI f
the Program improvements to be performedin accordanceit r a
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
impedes r r s f the perl'brmance of the Program Improvements after award
of the construction contract, the Property Owner will be liable to the County for any
all damages and all direct and indirect costs caused thereby.
13. Warranties. The County does not represent or warrant the level of
moles reduction t the Property Owner will experience vWthin the Propertyas a result
f the Program Improvements a as part of the Program.
a. The aunty agrees that b contract Wth the Contractor, vAll include
standard one 1 warranties from the Contractor for all materials and workmanship.
Such one-year warranty periodshall commence as of the time f the acceptance of the
providedwork as in Paragraph 9.
b. t the end of construction, the Program area r will provide the
Property r with a WarrantyFinal Closeout Package which will contain copies of
the warranty policies, product instructions, i ants and legal documents. As
condition of receiving arras Final Closeout Package, the Property Owner
. __ ...__....................... ._ __________......_...............__........
Property r Noise Inudadon. e e Page 5 of28
Est first submit a completedo f ion Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understandsthe warranty policiesfor products used in the construction f the
Program improvements differ among product manufacturers. In t of claim, the
Property Owner is solely responsible for pursuing all future product warrantyissues
directly it each product manufacturer.
a In the t of a claim, the Property Owner shall be solely
responsible for, and agreesto contact the Contractor or product manufacturer directlyt
coordinate rr required i to look solely to the general
contractor or the productr r r for fulfillment of all warranties and for resolution
f all product or construction warranty is
1 The Pryp" Ownees inquiry is not directly related to either
constriction r product warranties (such as windowl rrin r product
air regardless f whether the Propertyergs inquiry rig duft theone-
year warranty period from the Contractor or thereafter,
Property Ownee believest warranty service is
required with respect to construction warranty issues and the oneyear warranty period
from ever l contractor has expired-,
Property r believes that service is required it
respect to product warranty issues, the advertisedr r the product has
not expired, the manufacturer is currently conducti its business; and
Properby Owner believes that service is required with
respect to product warranty issues, and the advertised ri for the product
has expired.
a Pre-Existina, Deficiencies. The Property Owner Will be requiredt
sign Exhibit . .� (Deficiency Hold r I Agreement)t which will impute all
responsibility liability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Pre-Work_. ,,.sir _a The Property Owner will be mequired
to completeany II Pre-Work , as required by the NIP to successfully accommodate
the iacoustic ifi ti r a The,. etr i YOwner _i m [q it ..t ril t all
lr
ig t -W r it tilizi ._._ .r „ i andpermmthe pgguired deadlines
established by the NIP. In the event the Property Owner fails to completethe
designated r - r items by the established NIPlire the Propertyr shall
be removed from Ili participation and the Propertyr shall be liable to the County
and/or Contractor for any and all resulting damages and all direct and indirect costs
related thereto.
16. Qtv of Kev West "Hard-Wired" Smoke AJarrn Rera it rrta In
compliance it the Cityf Key t Fire Marshall rr the i fa.Key m t Building
Department cQnstruction permit issuance requit , the Property Owner will b
required to install -volt "hard-wired" I r in their condominium in
Propeny Owner Noise Insulation AVeement Page 6 of28
accordance i all applicable codes and regulations the required line as
established the NIP. TI-e Propeq Owner will ° ms onsible to ensure mthat the
smoke alarms are not installed in same areas within the condominiuml
modification� will occur, t i y � t nti ri t _ ion
s. In the event the r r falls to install the designated ard-wired'
smoke alarms by the established1 line, the Propertyr shall b,e removed
from lP participation.
a Suspension of Program Process. The Program process may be
temporarily t any time during the i r construction phases upon
the discovery of Deficienciesto their potential impact on the Program
Improvements an act warranties. The Programill not resume until the
Property Owner has corrected all related problems to the satisfaction of the Program
Manager. In the evert repairs are not completed in a timely manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay n stoppages of the work.
1 . Limitation on Alterations to the r p rt r
agrees not to make alterations, or to permit any tanant occupying and portion of the
Property to make alterationsto the eAsting wiry , dog and/or walls from the time of
the Design process until the construction of the Program Improvementsn
completed. Exceptions to this rule must be pre-approvedin writing by the Program
Manager, Failure to adhereto thisrequirement may, t the option of the Program
Manager in its sole discrebon, result It in an immediate suspension of the construction of
the Program Improvements on the Property. The PropertyOwner Wil be liable to the
County for all direct andindirect oft °t unapproved t r tion
damages related thereto,
1 ° Pre ands t tin Noise T st .0 rrocess. Pre- & post-
constniction noise testing is a very important r r t is designedt
measure and eta ire the actual achieved noise level reduction level at treated
properties. if selected by the Program Manager fbr pre- post-construction noise
testing, ropy r agrees to provide access to their property for testing and
reel to not to make alterations to the interior of their property (with the exception
repairs of Derldiencies) .._.. _ the time of the. pre-construclion noise test t t
construction noise test. In to insure consistent noise ll ion, the
Property Owner also agrees to preserve the interior y t of furniture, floor coverings
and window treatments from the time of ,.t r nstruction noise test to the rkt
construction noise test, The Property Owner understands that the faflure to adheret
this requirement y result in corruption of the moles testing t . Therefore, the
Property Owner understands they may be liable to the County for any direct'and indirect
noise testing costs in the event these requirements ar not met.
. Cooperation. As reasonably requested, the Property Owner shall
cooperate with the Contractor, the Program n r and MonroeCounty in the
performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallation of rugs, wall hangings and furniture as n'ecessary.
Propertyr Noise InsulationAgreement Page 7 of 2
a Utilities, The rod r r shall permit the Contractor to use, at
no t to the Contractor or the County, existing utilities such as light, heat, power and
Ater necessary to carry out the Program Improvements.
a e [ i _ C scheduled times and/or upon
not less t -four hours advance notice t iJ andlor t , the
Propertyr agrees to provideto the Programr, Contractor, subcontractors,
suppliers, l ourty, State and federal inspectors and consultantsto the
Property to collect l 11 final design and bid documents. These visitscould
include, but not be limited t , property survey, design survey, hazardous material
inspection, pre-noise ttt -bid visit. In the event the Property Owner fails
provide to the Propertyfor all required NIPsin and Bidr i i , the
OwnerProperty shall be ramoved from NIPparticipation.
a Pre-Constriction Access, Ther agrees to provide
access to flie Propertyforty-eight houns, prior to the scheduled start of NIP
construction. This rt visit will provide the Program Manager Wth the ability to ensure
that the PropertyOwner has met all fumiture storage responsibilities, Failure could
result in the suspension of the scheduled1 construction and the r r shall
be liable to the Countyr Contractor for any andall resulting damages andall direct
and indirect costs relatedi t a
R Pre and Post Construction Access. At scheduled times are
upon not less than n_ -f r _ advance_ notice f tf andlor letter)
and per the establishedl n t ti ro schedule assi nt, the Property Owner
reel to provideto the r any r, Contractor, subcontractors, suppliers, City,
County, Staten federal inspects consultants t the ropy t provide
all i IPre-Construction nPost-Construction i i . These visits could
include, but not be limited to final measurement, pre-construction inspections, review f
Designated for requirements, post construcUon inspections and post-
construction noise testing. In the event the Property Owner fails to providefor all
required 1 and Post Construction visift, the Owner shall be removed
from NIP participationn rodOwner shall be liable to the County and/or
Contractor for any and all resulting damages andall direct andindirect costs relate
thereto.
Construction Period Access. Upon award of NIP construction
contract, ft Contractor will provide the Manager with their final construction
schedule, hi h will include the required number of calendar days to completethe NIP
construction in. each of the pefficipating condominiums. Based on this schedule, the
Programr will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner r to relocate from their condominium r the entreassigned time ri a In
addition, the Property Owner agrees not to -enter their property 1br any reason during
their assigned construction period due to safetyconcerns n potential I to negafively
impact the Cori ra In the event the Property Owner fails to provides for their
assigned constructiontime , the Property Owner shall be removed from IP
_ .r. _._....... ____.. - ____--
Proper&Owner Noise 1mridadon Areement Pap 8 of2
participation the Propertyweer shall be liable to the County and/or Contractor for
any all resulting Il direct and indirect costs related t ,
. Construction Period Extensionr t rocs the I
construction periodill extend into the Key West hurTicane season, ere is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hunicaneand/or an actual hurricane event. Due to this
possibility, r r understands that delays may occur in addition to their
odginally assigned construcUontime period, without any fault or cost to the Contractor
Programand ra Furthermore' the to relocatefrom their
condominium for all addibonal calendar days resultingfrom IP construction work
stoppagesto a hurricanet or event at no t to the County, Contractor and/or
Program r. In the event the Property Qjvnerfails to providerequired
additional access to their condominium due to hurTicane-relatedr stoppages, the
Propertyr shall removed from NIPparticipation and the r shall
be liable to the Countyr Contractor for any and all resulting damages andall direct
and indirect costs related rt .
2 ' Discovery f s i i r n Core i n. In tip
event t Contra t r discovers pre-existing deficienci t the Property duringthe NIP
construction process that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repair and remediatesuch deficiencies in an
effort to reduce any negativeimpact on the scheduledconstruction period. The Property
Owner understands that, in on the timing f the r xis ndeficiency ir,
the NIP constructionriot may need to be extended, at no fault of the Program
Manager r Contractor,
28. Impact f Wbreseen KWBTS BuildingConditions on Construction
Schedule. The r .r that unforeseen building t t
may rise during the I construction may have the potential to increase the original
scheduledti ro of construction, which is not the felt of the ProgramManager nor
Contractor. The Property Owner needs to plan fbr the "a t-case" i ili that the
originally-scheduledcompletion delayed few additional days
due to unforeseen building conditionsthat may arks and complicate the NIP
construction.
29. _Exislinc ..Window / .«Door.....Treatments, Shades_...and Blinds. The
Property Owner understands that, after the installation of new NIPacoustic window are
the existingwiry and/or door treatments, shades andblinds may not be
compatible nor ableto be re-Installed due to size differences between the new and
existing in and doors.
a Existing, Crown Molding. Duringthe installation of the new
acoustic inflows and doors, the NIP will providing new "standard" replacement
interior trim and sills. The Property Owner understands that the NIPreplacement trim
ill not match custom and/or speciali crownlire erns r custom window
and door trim. After the complefion of the l modifications, the Property Owner Will
have the abilftyto make modificaflons to the NIPinterior trim at their own expense.
....................._.._....__ -- __. ....._..
Property r Noise Insulation Agreement 9 o,f
r rti boy Reguirements. The Property Owner agrees to
read and review all NIP emailsand/or' letters in a timely fashion hih are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
falls to meet this requirement, it could result in removal from l participation.
32. Title Examination. The Program any r has obtained or YAII
obtain, t its sole cost and expense, an uAbstract of Titles to ensure that the Property
title is free fTom liars and/or title defects.
&s Cooveration i l r I l . Prior to the commencement of
construction of the Program Improvements, the Property r• all cooperate Wth the
County in order t i) correct any title defects affectingthe Propertywhich are disclosed
by the "Abstract f Titleo and in the soledetermination f the Countye t
invalidate a ment, and Ii) secure the written consent of any and all mortgage
holders to the Property Ownersf the Easement to the County if the
County determines that it is necessaryr desirable to do so (collectively, the "Title
w If, prior to the commencement of construction of the Program Improvements,
the County, in b solei tip determines that the Title Mattersi the Property
may invalidate, the Easement, tHs Agreement shall be null and void, and the Easement
shall be terminated.
w Federal Assurance, As requiredI Aviation
Adminisbation, the Property Owner agrees to the fbilowing provisions-
a. The Property Owner shall subject the construction work on the
project to such inspection and approval r n t tin of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested y the Program aria r and/or,Monroe r w
Afterb. final completion of the Improvements, Property
Owner shall assume the responsibift for maintenance and operation of the items
installed, purchasedr constructed under this Agreement. Neither the Federal Aviation
Administration nor the County and responsibil4 for maintenance and operation of
these items.
w Reduction of Fresh Air Infiltration. The Property Owner YAII be
required to signf ntllatl of less rat which imputes all
responsibilityt the Property Owner for the proper maintenance of interior moisture and
humidity levels.
36. Salvaae_ t' tee l i If the 1 s
to retain any of the at ri l or equipment removed from the Property as a result of the
Program Impmvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the Property Owners sole risk
and expense. The Counbi assumes no responsibilityfor the conditon of the matedal,
equipment or surrounding surfaces as a result of the owner-requested salvage.owner-requests The
Proper Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those items to be salvaged. In the absence
Property Owner Noise Insulation Agreement of t
of such a written agreement, II items shall become the property of the Contractor.
Materials i listed r salvage by the Property Owner shall become the
propertyr.
37. Propsurance. Duringconstruction , the
Contractor will provide buildersins rance for the . The Property Owner
shall have the option, t the PropertyImaintain a
homeownersinsurance policyr the durationconstruction
Improvements. r understands that, following final complebon, the
Contractorsit insurance will cease, and it is advisabler the Property
Owner to obtaininsurance to cur any value .
. Tj and Effecis of Construction. Owner
undenitands that there is a chance that constructionitself
original projected construction timer r also understands that
the construction involve substanti I inconvenience and cout i ifi t
quantities of dust and debris rendering i toperty uninhabitable for
extBnded periods of time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, i ions against the Program Manager;
the County and its officers, employees, Icontractors
suppliers i respect to issues relatingr labor, materials
acoustic designs utilizedin the Program Improvements. i in thisII
limit the warrantiesr materials and workmanshipcontained in the contracti
general contractor.
40. Sale 9f Property. In the eventr sells, conveys or
transfersotherwise i completion II phases of the
Programrocess, the Property Owner hereby agrees to providebuyer with
of this Agreementprior to the closing I , conveyance or other r r, and to
transfer all of the Propertyr i ilii obligations under this
buyerAgreement to the as a conditionconveyance r other transfer of
the Property.
1. Waiver. No waiver of, acquiescencein, or consent to any
covenantany term, r condition II be construedr constitute, ,
acquiescence i , or consent to any other, further or succeeding breach of the same or
any other term, covenant ornii .
Release42. f Easement. In the event that thisAgreement i
cancelled or the Countyi nt should be released record,
the Property Owner, upon written request by the County, II pay to the Countythe
sum of One HundredII ( 'Icover the costs of the preparation
recording I f Easement document in the publicf Monroe
County, Florida. Propertyr understands that it is the PropertyOwners
responsibility insure such payment is made in order to "clear the titleProperty.
......... ....v. ... _._.. ._.................._._._._._..........................._.�........... .. ...__... ............... ____ ___ .....
Propeny Owner Noise InsulationAgreement Page 11 of28
43. A jo Execute On Behalf Of Cgyniy. By Resolution No. 111-
2004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full
authority for the County Administrator to execute tl` i t on behalf of the
County without further action by the Board of County Commissioners.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit B: Legal Description of Property
c. Exhibit C: Program Improvements.
d. Exhibit D: Deficiency Hold Harmless Agreement
a. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. governing Law, Vanua, lnter�Dretafion, Costs, and Fees.
(1) This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
(2) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida.
(3) The County and Property Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
(4) The County and Property Owner agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Binding, Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and it to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
—-__- - " -.............................____........................................... ..................................
Property Owner Noise Insulation Agreement Page 12 of28
a � If any term, covenant, condition r provision of this
Agreement r the applicationthereof to any circumstance r 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 h remainingcovenant, condition and provision of this Agreement
shall be validshall be enforceableto the fullest extent permifted by law unless
enforcement of the remaining terms, covenants, condifions and provisions of this
Agreement l vent the accomplishment of the original intent of this Agreement
d. Agftority. Each party represents and warrantsto the r that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and PropertyOwner action, as may be requiredy i
Duration f Agreemena 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 fbr - pedod reasonably required to effect the
Program Improvements (the a s , except as may be sooner terminated i
accordancel the provisions of this Agreement,
fa Acceptance of 1 r silt n Funs r s . The
County n r r that h shall , n is, empowered
to accept for
the benefit f any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement,
g. Claims for Federal or State Aid. The Countyn rope Owner
agree that each shall be, and is, empowemd to apply for, seek, and obtain federal and
state funs to further the s f this Agreement; r i t all applications,
requests, r nt pmposals, n n i solicitations by the Property Owner shall be
approvedy the r ri r to submission.
ha AdIudication of Pigt r Disagreements. The County and
Property r agree that all disputes and disagreements shall be aftemptedto be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the partle,s, then any
party shall have the rl ht to seek such relief or remedy as may be pmvided by this
Agreement or by Florida law.
is .::.e �.:iscri i ti n. The Coon n Props Owner that
thereill no discriminationagainst any peraon, and it is expressly understood that
ors a detenninafion by a court of competent jurisdiction that i rl insti n has
occurred, is Agreement automafically terminates without any further action on the part
f any party, effectivethe date of the court order. The County and r Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relafing to nondiscrimination. These include but are not li i a t Title
I of the QAI Rights Act of (P.. - 5which prohibits discrimination on the
basis of race, color or national origin, 2Section 504 of the Rehabilitation Act of 1973,
s amended (20 U.S.C. s. which prohibits discrimination on the basis of handicap-,
'The Age Discrimination Act of 1975, as amended (42 U.S.C. ssm twhich
..............._ .. ..._._ ._ ..... .............................. ...........--- -
r r Noise Insulationf2
prohibits l ri irti i f d Treatment
Act of 1 (Pp - amended, relating to nondiscrimination on the basisf
The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment h ili ti f .L. 1- , as amended, relating t
nondiscrimination on the i f alcohol abuse or alcoholism; The Public Health
Service Act f 1912, . 523 and U . k 290 dd-3and 290 ee-3), as amended,
relating to confidentieftf alcohol and drugpatent records, Americans
With Disabilitiesf 1U.S.C. as 1201 Note), as may be amended from time t
Ur, relating to nondiscriminationi f disabift The Florida Civil Rights
Act f 1992, (Chapter 760, Florida Statutes, tin 509.092, Flodda Statutes),
may be amended from time to Ume, relating to nond iscri mination-, Monroe
County Human Rights Ordinance (Chapter 1314, i t Vill Sectons 1 -1 1 through
t -130), as may be amended from time Urne, relating to nog ir1 inrl 1
otherany nondiscrimination pr i i s in any federal r state statutesr local
ordinances which may apply to the parties , or the subject mafter of, this Agreement.
w Cooperation. In the event and administrative or legal proceeding i
instituted against either party relating to the fbrmaton, execution, performance, or
breach of this Agreement, the County and Propertyr to parUcipate, to the
extent required the other party, in all proceedings, hearings, processes, meefings,
and other activities related to the substance of this Agreement or provision of the
servicesr this r rt. The Property Owner speciffcally agree that
no party to this Agreement shall be required to enter into any arbitrafion proceedings
related to thist or any Attachment or Addendum to this Agreement.
K Books Records, . "h Coin and r r
shall maintain , records, and documents directlypertinent to performancer
this Agreement in accordance with genenally acceptedfirsprinciples
consistently applied. Each party to thisAgreement or their authorized representatives
shall have reasonable rid finiely access -to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the termination of this Agreement
la Covenant of No Interest. The County and Property Owner
covenant that neither presently has anyinterest, and shall not acquire any interest,
which would conflictin and manner or degree with its performance under this
Agreement, and that only interest of each is to perform andi t s recited
in this Agreement.
Code of Ethics. The Countythat the officers and
employees of the County recognize and will be requiredto comply with the standards of
conduct relating to publicand employees as delineatedin Section 112.313,
Florida , regarding, but not limited t , solicitation or acceptance of gifts-, doing
business vAth one's agency, unauthorized compensation-, misuse of public position,
conflicting employ t or contractual relationship-, and disclosure or use of certain
information.
... ......._.....
Property Mole Insulation.4greement Page 14 of 2
n. No Solicitation/P . "the County and Prop" Owner warrant
that, in respect tD itie- if,"'i' it her employed nor retWned 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 Wthout
liability and, at ft discretion, to offset from monies owed, or othervAse recover, the full
aMOUnt of such fee, commission, percentage, gift, or consideration.
o. Public Access, The County and Property Owner shall allow and
permit reasonable access to, and inspection of, all dOCUrnents, papers, letters, or other
materials subject to the provisions of Chapter 119, Flori tut es, and made or
received by the County and Property Owner in conjunction Wth this Agreement and the
County shall have the right to unilaterally cancel this Agreement upon violabon of this
provision by the Property Owner, Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of arficle I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" matelials in ft possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a matedal
breach of this contract and the County may enforce the terms of this provision in the
for of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all afforney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult with its advisors about
Florida PUblic Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to-
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the Coin ty's custodian of records, provide the
County Wth 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 otheivAse provided by law.
(3) Ensure that public records that are exempt or confidenfial and
exempt from public records disclosure requirements are not disclosed except as
......................--...................... ........... ..........................--.-............... ......---......... ..........--..............
Property Owner Noise Insadation Agreement Page 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, transf6r, 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 confidentlal and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains public 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 irrIbrmation
technology systerns of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to Ifie 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 at provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the Property Owner has questions regarding the application of
Cohn ter 119, Florida Statutes, to the Property Owner's 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 Irk unify. NoWthstanding the provisions of Sec.
768.28, Fl tutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insunance coverage, self-
insurance coverage, or local gover t 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.
q. RMegeo and Immuln,ibes. All of the privileges and immunities from
liability, exemptions from l rdinances, and rules- and pensions and relief, disability,
workers' compensation, and other ben fits which apply to the activity of officers, agents,
volunteers, or employees of ffie 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 limb of the County.
r. L§gal Ob iq,ations and Non-Delegetion of
Constitutional or St t r Duties. This Agreement is not intended to, nor shall it be
cona as5refieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the perfbrmance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authodzing the delegation of the consfitutional or
statutory duties of the County, except to the extent permitted by the Florida consfitution,
....... -------r Poperty Owner Noise Insulation Agreemenf Pop 16 of28
statutes,state ;, and, specifically, the provisionsof Chapters 125 and 163,
Florida St tut „
s. rw li , roes... No person or ll be entifled
to rely upon the terms, or any of them, of this Agireement to enfDr08 or aftempt to
enforce any the la i sir entitlement to or benefit of any service or pry r im
contemplated hereunder, and the County and Property Owner ree that neither the
countynor Props r or any agent, officer, or employee of each shall have the
author4 to infban, counsel,, or otherwise indicatethat any particular individual r group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior t , or superior to the community in general or fbr the
purposes contemplated in thisrat
t. Attestations. 'The Property Owner agrees to execute such
documents ais the County may reasonably wire in the pedbrmance of the obligations
of the County or Property Owner under this Agreement.
u„ o Personal l LIlty. No loovenant or agreement contained i
shaff be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe Countyin his or herinidividual capacity, and no member, officer,
agent or employee of MonroeCounty shall be liable r ors ll this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement,
v. Execution iCounterparts. 'This rat t i
numberany county i , each o hick .shall iregarded as an original, all iof which
taken together shall constitute one and the same instrument and any of the pales
hereto may execute thisrat by signingand such counterpart
q. Sechon headings have been inserted in this
Agreement as a matter of convenience of r rence only, and it is agreed that such
sectiondire ire not a part of this Agreement and Will not Ike used in the
interpretation of any provision of this Agreement.
_.__.... _... _.._..__............ �.._............ .......... .... l....... _........_.._ ..
Property r Noise Imulation.4reement Page 17 of28
IN WITNESSr r and the County have
executed is Agreement as of the day and year first W ri .
I
TNE$�iES: PROPERTY OWNER:
dna�r�re `
AV
Printed Np�"e t .e„ ,,,, ,A
u
r:r
s
� � qu' any 4 �,
&snen" ,,,,,,n,,,,,,
Printed Name .
i
IT . PROPERTY OWNER:
�a.
81,nat
� � §g"naturs
H nld
Printed m
axi
r r
a �� �s' ' bits ...._.,,.rr_, ..__...._.�..._ .,.
",Ol va NNv,,e11016NA01E,. . . -,NTY BOARD OF COUNTY COMMISSIONERS:
�.
t to 4
( I� MAYOR/CHAIRMAN:
5y 4 -Attest. f
i
"FOK, CLERK SLYVIA Hy
KDeputy Clerki t r
Date
- i
_ _._.. _ ... .. . ..._ .. _ x
x� Eo T� , Pam
Property Owner Noise Insulation Agreement ; f`��" Pax 18 of 28
NoisePROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner l
A. Air Condiflonling: General Restflctions. Whileproviding a new ductless r t t-
pltt AC system to your condominium as a part of the NoiseInsulation
imodifications, the fbilowinglifiNtations and restrictionsill apply to all condominiums
,t R All nsing units W11 be installed I ray
,. All reffigerant Nip (running from the balcony condensingunity will be installed
consistent with KVVBrS Board policy, rules, maintaining imaximum height of 48
iirm „
3. All condensate lures ill be installed i i ri t 't rat with KWBTS
Board policy irides to ensure time highest level of t t racy and building
architectural .
4 All interior AC lines rat, condensate, electrical) and Energyvery
Ventilator ill housed in inew vertical Cl and comer pilasters i
will be constructedto match the quality of eAstingwalls. 'The number and locations
of the ran and comer pilasters "II diffbr depending on your unique
condominium floor planand number of bedrooms. The NIP executive airchitect will
review this infbrmadon it' you at r NIP Design ' i ti .
5. Only eleatdcal service panelsthat are determined by the Program Managerto
deficient will be replaced by the Programart of the Noise Insulation Program
modifications.
B. Window rtt RepjaceMeft Due to the presence of asbestos, the NIP will provilde
inew custom wood surround and sill instead of the existing gypsum board surround. Due
to thisrevised plan, existing custom sills (marble , granite, ill not be reply
'This revisionwill be an Improvement, while r trmg constriction costs andimproving
firnie efficiencies.
C. rRestrictions
'The asbestos t rrm t mquirervients will restrict the ili to remove exisfing
t'DM 'trim and baseboard prior to construction s originally r11 , which VVIII irmt
allow sufficient 'time fbr the awarded general contractor to secure custom
replacement trtim,. Therefore, existing crownmoldings, wall trim, and base, the
,contractor will, instead, cut the exisfing wood trim flush to the face ofthepilaster or
thru wall ac-infill. . t new pilaster locations , it t t' r a wall ac infill abuts the existing
r , 'thy contractor will install " ,K 5412") painted wood trim t
abut the existing trim, rather than aftempting to match time existing custorntrimmm profiles
and materials. r the completion of the NIP construction, the r p r r Will
..._.._.....___ ....__....._ _a.._._.__..................._.. .........._......... _..._ _..... �.
habit A-Property Owner Noise Insulalion Agreement Page 19 of28
have the option to replace the installed trim with other custom trim to match the existing
materiaI s and profiles.
D. Door Threshold Hei_qhts. Due to shingent Florida hurdcane impact and water
infiltration building codes, all new aluminum acoustical prime entry swinging doors and
sliding glass patio doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water infiltration during
a hurdcane.
E. KW1BTS Asbestos Testing
As required by state and federal requirements, THC conducted asbestos testing on all
participating KVVBTS condominiums in Buildings A, B and C during the November 2017
to Apdl 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board joint compound, window glazing, and exterior
window and door caulking. In addition, random exterior stucco samples were collected
an both the uwalkway" and acourtyard /balcony" building elevations.
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
- window removal and acoustic window Installation,
- door removal and acoustic door installation,
- removal of portable Othrough-wall"AC units and the in filling of openings,
- ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters required for installation of the ductless
AC system & ERV ducts,
- construction of closet soffit for installation of the ERV.
F. Asbestos Aba1q!nqqt-Rqguimments
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
If samples show a presence of ACM < I......
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
.. ............. -- ----- -------------------—---—--------&hibit A-Preperty Owner Noise Insulation Agreement Page 20 of 28
If_samples show a presence >1
The NIPr will be requiredto perform full asbestos abatement procedures
directedvi n ! Protection Agency (EPA) to include:
Constructioni nbarriers in all areas (walls, ceilings, closets,
i approximately t from all walls andimpacted
the NIP modifications.
Abatementn i (resulting l'iprocess)
certified .
Air sampling of containment areas and clearance II areas by certified
abatementasbestos IIow access to containment areas by traditional
(non-abatement) workers.
ill be requiredprovide executive oversight II ACM abatement
processes in all condominiums I construction
properensure compliance withI and state abatementi li .
- The presence of ACM will have a significant impact an the NIPconstruction
lengthening increasing ci
and coordination requirements of contractor crews.
Given irequired n , the FAA
ill require THC to developdesign and construction plan that minimizes
disturbancehe minimization of construction costs,
duration, liability r and KWBTS property . This plan
ill result in new property owner requirements andi restrictions whis
are outlined below.
H. KWBTS BOARD Au it of Dip Decisions, The KVVBTS Board will have the
Authorityr l of the Programi ci i n include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and HardwareFinishes
3. Acoustical Window and Door Operational Styles
. Interior Ductless Uni- li Installation Requirements
5. Interior Ductless "Mini-Split"ACInterior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
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Ihi it A-Property Owner Noise lAndation Agreement Page 21 of 2
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit 214-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA a
condominium, together Wth an undivided interest in the common elements, aocording to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
3709 as amended from time to time, of the Public Records of Monroe County, Florida.
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Erhibit B-Property Owner Noise Insidalion Agreement Page 22 of28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Prograrn Improvement package for an eligible home that
inclua-es—the Program Improvements developed by the Program Manager to reduce the
interior,environment of a property by a minimum of five (5) dedbels.
A typical Program Improvement package may Include-
in, Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical SvAnging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
.. ....... . . .... ......... ----------------......-1.1-1.1111111.1-I.-..................."I------ ------------------I..,--.-,-...-.-......—-------
Erhibit C-Property Owner Noise Insulation Agreement Pqge23qf28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
1. In partial consideration of the compensationi
Countyr the Program Improvements
described in the Agreement of even date herewith ( ) between the County
Ownerand Property and to whichi i is attached, the undersigned, r and on
behalf of the undersignedheirs, personal representatives, successors, and
assignsi t releases, remises, discharges, indemnifies
covenants not to sue, institute claims i or institute ny proceedings against, the
r any of its agents, officers, employees, consultants and/or contractors
concerning ll claims, , damages, actionsr causes of action
whatsoever kind and nature on accountoil injuries r death, damage to the property,
and the consequences , and any of the foregoingwhich
undersigned or their respective heirs, t representatives, successors and assignsi
connectionII ` tin Deficiencies ci ci ") against said
County r any of its officers, agents, employees, Iand/or contractors to be
legally liable.
Owner2. The Prop" understands and assumes full responsibility for the
Deficiencies in the Property, whethervisible r or unseen.
3. The Property Owner understands that the Deficienciesinclude any
deficiencies in the Property at the time of executioni icould
include, not be limited violations, stru l damage, water ! moisture
hazardousri Is, infestation and/or any issue that would negafively impact
the installation an nce of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify n Deficiencies i throughout the Program process
(including ign, bid andconstruction processes). If identified , the
ManagerProgram will classify the o Deficiencies i r" i r" or" ".
Owner5. The Property assumes full responsibility for the worseningof any
documentedi r Deficiencies.
6. In the rare eventDeficiencies identified rindesign
process, the Property Owner agreest complete sary repairs to the Property, t
the acceptance f the Programr, as a precondition to the commencement o
construction of the ProgramImprovements. In the rare event " vere" Deficiencies
are uncovered i construction ri , the Property Owner agrees to complete
- - .... __ __ _............__.
ibit - roNoise Insulation Agreement Page 24 of28
HARMLESSVENTILATION HOLD
Exhibit
Property Owner Noise Insulation
1 In parfial consideration of the comb ton to be paid on behalf of the
County and the Pmgram 1br the Program"Improvements to be made to the Pmperty
described In the Agreement of even date herevAth CCounty
Ownerand Pmperty and t r is is undersigned, for and on
behalf of the undersigned and the heirs, personal representabves, successors, and
assignsof the undersigned, forever releases, remises, i r indemnifies
covenants not to sue, institute I 'Irma against, or insbtute any proceedings against,
County, or any of loyees, consultantsr contractors
conceming any and all 1 . , demands, damages, actions r causes of action of
whatsoever kind and mature on account of bodily injuries or death, damageto the
property and the consequences thereof, and and of the foregoing why accrue t
the undersigned r their respective heirs, personal representatives,
assignsi connection any all VentilationDeficiencies (the " 1 1ee) agaagainst
said Countyr any of its offloars, agents, employees, consultantsand/or contractors to be
legally Ila dl ,.
,. The Program Improvements y 'inch the addition of acousticall
,windows and doors, removal ra infilfing of "through-wall" portable aircondifioner units
and the Iti i of a replacement m tl u .irrii-split" air conditioning system,. Because
these modificabons will result in a tighter intedor nvironment due to the elimination of
all passive inside id air leakage that was naturally occurring in all openings, the
Program illl also include the addltl n of a energy recovery ventilation s nit which
will provide an adequate pxchange of inside mtside air t the condominium as
required by building code.
,. Given the tightened interior environment t the treated condominium, the
Propertyn to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventliation omit to avoidthe
potential for mold and moistureproblems, especially during periods n the
condominium is closed and uninhabited.
,. Due to FAA efigibility limitations, the Program ill not be ri In
bathroom exhaust fan treatments. Sinoe bathrooma and/or showers are a source of
moisture gen ration in the interior environment of a condominium, the Properly, Owner
�agrees 'to assiume gall responsibility f6r ensudng that all bathrooms have an operable
bathroom, exhaust fan capable of propedy exhausting bathroom moisture to the exterior
of the building,, It should also be noted that the odginal KWB,rs condominium re
constructed it a small wall vent that was designed to allow the passive x a t of
_.........._ . ............
...._..
i it E-Property OwnerNoise Insulation Agreement Page 26 of28
necessary repairs to the Property, � the acceptance of the Program Manager to
minimize any delay or stoppages of work.
' , 'The undersigned acknovAedger II afthe release and hold
and/orharmless and indemnity provisions set forth in Paragraph 1 of this Exhlbft Q apply to
property damage, injuries, deaths, or damages adsing from the Deficiencies all
negative impacts that later result after the addition of the Program r Improvements. 'The
provisions this Exhibit Q shall Survive the termination or expirabon
Owner Noise Insulation Agreement.
8. 'The undersigned hereby agree that the terms and shall i i e II theundersigned d SI their respecUve
I row
&irs, personal representabves, sucoessors and assigns.
_......_.._
IES:
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_._._. ....._..._ . _... __.... ............... - .........
WITNESSES: PROPERTY OWNER:
Signature
Signature
kn-iied Rm
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.............. ........
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ibis D-Property r Noise Insulation Agreement Page 25 of 2
bathroom moisture in a central building t shaft. During the Programdesign
survey process it was discoveredthe KWBTS buildingssolid rural building
exhaust shaft. t this eAsting condition, these original wall if stillpresent)
have the potential t providea, pathway for unwanted air, smoke and/or gases into the
condominium interior. 'The Propertyr agrees to assumefull responsibility for the
sealing f original wall vents in all bathrooms a for and and all negative impacts that
may It If left untreated.
5. It is clearly a building viol bon to duct laundry r exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrecUy ducted
'their laundry r vent t e KWBTS central building at shafts, they agreet
correct this de ficilency by properlya it laundry dryer exhaust In an
alternative mtl t t meets current building , at their cost before the inifiation of
the Program construction process. Furthermore, the r agrees to assume
any and all liability related to the improper ire f�their I r e.xhaust.
6. The Property Omier understands that the ProgramImprovements VAII not
addresskitchen and bathroomventilation r excessive interior I I levels
generated by the Propertyr within �the interior f the condominium, The Property
Owner understands and assumes full responsibility for maintenance of Interior moisture
and humidity levels, The PropertyOwner agrees to assumefull responsibility for any
occurrence, reoccurrence r worsening of moisture problemsr Interior humidity
levels in the Property. In addifion, the Property Owner a 'to assume full
aailli- r the maintenance and operation of the NIPventing modifications after
completion of the Program Improvements.
h 'The undersigned acknowledgeand agree that all of the release, hold
harmless and indemnity visions set forth in Paragraphf this Exhibit E applyt
injudes, deaths, or damages sustained in connectionith or as a result of any and all
Interior ventilation deficienciesarising ftar the additionf the Program Improvements
including, but not limited to, high humidity, mold, fl ,- r lack of proper exhaust
ventilation. The provisions of i Exhibit shall survive thetermination r expiration f
�th Prod r i I labo anent.
8. 'The undersigned hereby agree that the terms and provisions of i
Exhibit E shall be binding upon and inursto the benefit of the undersigned and 'their
respective l , personal representatives, assigns.
............ _ ... __ _.....
WI TN SSES,
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Pr ri d Name
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$."e"'ne .?rya r
WITN�SES: .1-0, PROPERTY OWNER:
lg�-
Prin'ted Name
�......w - ... ....WITNESSES: PROPERTY OWNER:
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Signftre
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hibit E-Property Owner Noise hLudation Agreement Page 28 of28