09/18/2019 Agreement/Easement-C215 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
Prepared Bv and Return :
Heather P. FaubertBU301SPg#2416
NIP AssistantJ r Rcc0r&d1{2 11:14 AM Pap 1
of 4
THC, Inc.
710 Daculait 1 g
Dacula, GA 30019 Fided and Rworded in Offidal Rwords of
AVIGATION EASEMENT
Key West International it
Noise !
T I T T is entered into this day of
by" I ! I I", hereinafter the
Propertyn r," in favor of the MONROE COUNTY 130ARD OF COUNTY
COMMISSIONERS, body politic and corporate, hereinafter referred to C ."
RECITALS:
A. The Property Owner is the fee simpletitleholder to certain realp ("theProperty")
located in Monroe County, Florida, o particularly described as follows:
Apartment Unit known as No. 15- , CORAL BAY GARDENSKEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as street s: "2601 S. Roosevelt Blvd., Unit C215"
B. The BOCC is the o n r and operator operatorof Key West International Airort("the Airport")and
desires to make properties that, through interior noise exposure testing, are determined
incompatible as a result of their exposure to aircraftnoise compatible fbr residential
purposes through the implementation of a NoiseInsulation ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the Property Owner's Property necessary to reduce
interior noise levels at least 5 dB andto bring the average Interior noise level below
dB in accordance it I Aviation Administration policy. Grantingof an Avigation
Easement("Easement") is a BOCC condition of participation in the NIP. The Easement
will supersede any implied r prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIPill include funding from the United StatesGovernment
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacity as the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP andhas entered into a Property
rP ....—_� g. (
eiy'west In atlonal AI art NIP—Avl atlon has ent Unit 21
5) Page 1 of 4
Owner Noise Insulation nt with t 's implementation of the
NIP will benefit the Property Owner and the Property by providing certain i t sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels least 5 dB and bringtheaver-age
interior noise level l in accordance with Federal Aviation Administration
policy.
F. The Propertyr fully understands that the NIPli i ili l t some future
time, but is currently the 2013 Existing ConditionofExposure Map
acceptedthe Federal ' tin Administration ("the ") on December 19, 2013.
G. The NIPill be administeredin accordance withu r 5100.38, Airport
Improvement .
H. It is the purposethis Easement Agreementto the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
throughProperty the NIP,the receiptn of which is hereby acknowledgedboth
parties, n in considerationd incorporation into this Avigation Easement of the recitals
set forth above, er and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, i n II
successors in interest, does hereby grant, bargain, sell and convey o the BOCC, it
s sins, a perpetual avigation easementr the property. The use
of the Easement II include the right t n it noise other
effects as may be associatedwith h operation i over or in the vicinity of the
property. This Easement shall apply to all such aircraftactivity t the Airport, t
duringi or Airport, it being
future,the intent r parties rt II such Airport activity shall be deemed to be included
'thin the purviewof this Easement.
2. This s shall be perpetual in natureshall bind and run with the titleto the
property and shall run to the benefitt its successor in interest as owner and
operator of theAirport.
. The Propertyr on behalf of the Property Owner, its heirs, assigns and successors
in Interest, doesh l the BOCC, and any and all related partiesf the BOCC,
including not limited to BOCC members, officers, agents, servants,
employees alessees, from any and all claims, , damages, debts, liabilities,
costs, attorney's fees attorney' or causes ion of everyin or nature for which
Owner or its heirs, assigns, or successors currently , have in the past possessed,
r will in the future possess, as a resultAirport operations r aircraft activitiesand
noise levels I to r generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including t not limited a to theabove-mentioned
propertyr contiguous property due to noise, and other effects of the operationthe
Airport r of aircraftlanding r taking off at the Airport.
...._ ._. w.
Key West Interneflonal Airport NIP—Avlgatlon Easement(Unit 15) Page 2 of 4
. This Easement expressly excludes ands he Property Owner and to the
Property is heirs, assigns in interest, claims, ,
debts, liabilities, costs, ' or expert's fee, or causes of action for
physical damage or personal injury us y aircraft or part of any aircraftusing
the Easement that does identifiable ph i l damage to the property or injury to a person
n the property by cominginto direct physical contact with the property or the person on
the property.
5. Should either party hereto r any of their successors or assigns in interest retain
counsel to enforce anyprovisions herein or protect its interest in any matter
arising r this Agreement,or to recover damages by reasonany alleged breach
any provision of thisAgreement, the prevailingII be entitledto all costs,
damages and expenses incurred including, not limited to, attorney's fees andcosts
incurred in connection therewith, including II to action.
vision of this Agreement is to be interpreted for or against anyuse that
party r that party'slegal representative drafted such provision. This Agreement shall be
interpreted construed i to the laws of the State of ! .
m No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
any one breachany provision of this Agreement shall not be deemedto be a waiver
of any other c h or anyt r provision of this t. This Agreement
may be amended only by wriften instrument executed i in interest at the
time the modification. In the event that any one or mom covenant, condition r
provision contained herein is hold invalid, i 'or illegal by any courtcompetent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall in no way affect, impair or invalidate other provision hereof so long as the
remaining visions do not materially alter the rightsobligations the parties. If
such condition, covenant or other provision shall be deemed invalid to this scope or
breadth, such covenant, condition or other provision shall be deemedlid to thet
of the scope r breadth permitted by law.
8. In the event the Airportshall be subdividedinto more than one parcel, or the Airport or
portion thereof becomes subjectto operation, t or administration by a party
in addition to or in lieu the BOCC, then and in that event the partiese that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airportflight purposes, and that any such successor
in interest to the BOCC shall be entitledall of the benefitsrunning the BOCC
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintaining and operatingsound attenuation ri I equipment
installed in the Property by or on behalfthe BOCC.
ii,W International AI rt NIP—Avlgation Easement(unit 15} Page 3 of
This Easement Agreement is executed as of the date first above wriften.
............................. ... .....
PROPERTY OWNER: PROPERTY OWNER:
Signpture
/arc 4L<1
Printed Name Pdrited Name
.......... .........
STATE OF
1 7� -----------------------fl�
COUNTY OF
2
The foregoing instrument was acknovAedpd before me this j of
OY-
by r
�t VI
rap"Ower Narne(s)
WNW
....................
'OFFICIAL SEAL'
My Commission Expires? AENATA P0008EK
fly
Notary Puboc swe of juhois,
ly '0 M1 51
-—----—------
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAY91g:
Signature
Panted Na�rn—e
J
Panted Kwin'e
Signature
.............
Printed Wa—m
4,
STATE OF FLORIDA
em
COUNTY OF MONROE
The foregoing instrument was acknowledged before nnie this
--. 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Wo--taijPub11cSiq'— :
natur9 My Commission Expires
. ........_...®
11010�'QOE COUNTY A-M.-YRNEY
APIPFJOVED y
V., ir",
Key West international Airport NIP—Avigation Easement(Unit#C2115) -�W'[.§,144T i5oo-R—tr ok"E, Page 4 of 4
Date-
Address: e.,West b Y the..Sea
' .. C215
Name(s):
INSULATIONPROPERTY OWNER NOISE
Y WEST INTERNATIONAL T, MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property ner'').
I
WHEREAS, the Property Owner is the sole record owner in fee simple of
main realp located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the " e ); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
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 s more particularly described on .Exhibit C attached
hereto (the KProgram Improvements"); said Program Improvements to be paid for by the
County t no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through theProperty; and
WHEREAS, the County °II enter into a construction contract with
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed y the consultant team consisting o
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 receive
the Program Improvements upon the terms and conditions provided herein;
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
P�,qper&Owner Noise Inm1adonl o
sufficiency hich are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneouslyi the execution oft i
Agreement, the Property Owner executed and delivered to the County an avigation
easement (t "Easement') which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remainsin full force and effectn is
hereby ratified in all respects.
. P u licV Statements. Consistent withthe Program and/or o_qram Po
Federal Aviation Administration Airport Improvement licie procedures,
the Program Manager has developed a series of Program PolicyStatements tlii
construction and eligibility ri ions. The Propertyr understands that
prescribed Improvements will be consistent with the Program Policy
Statements vide to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attachedt i it .
3. Payment of PrgqrqMImprovements. The County agrees to pay for
the Program Improvements scri a in Exhibit C attachedhereto. The Program
Improvements will be approvedthe Property Owner and County, managedthe
Manager,Program and performed by the Contractor.
. Impedinq Co.rrr petitive BidProcess. The PropertyOwner shall not
impede or interfere it the Contractor's ability to select n approved
manufacturers and subcontractors in the preparation of bid submittals. To insure
competitive bid environment, the Property Owner is prohibitedfrom havingany
discussion -or communication with the Contractor in relation to the Program, the
contractors bid, or this Agreement until after award of the construction contract by the
County.. it the r to comply with this provision shall, at the option
of the County in its sole discretion, suit in disqualificationthe Program and
cancellation of this Agreement.
5. Construction Contract. The County will award the contractr the
ProgramImprovements consit nt with Federal and Countycompetitive bidding lici
and procedures. The contractill require the Contractor to completethe Program
Improvements ithi time period fin the Manager.
6. Pre- & Post-Construction )onsibilities. The Property Owner shall
meet all responsibilities and requirementspertaining both pre-construction and post-
construction:
a. Prior to the start of NIPion, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as Jewelry, ins, guns,
antiques, heirlooms, etc.)from their condominium;
( ) Moving of all furniture andbelongings into "Designated
Storagepace 'thin the condominium, providing the required "clear " (white
ris lotto e of 28
spaceinsketch) for the Contractor. When doing so, the Property Owner will have the
ability to utilize the complete oor to ce.iling" space.
(3) Removing of all excessive it belongings the
condominium t will not fit in the "Designated Sto ";
( ) Removing all window and door treatments (such as blinds,
1, t tishutters, etc.) storingi t "Designated Storage
Area";
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withiv ofy before storingthem i "Designated
Storage ';
( ) Removing all wall hangings (such as mirrors, ihanging
shelves, c.) and storingthem i "Designated to e Space Area";
( ) Moving all small items and belongingsinto either the closets or
bathrooms as outlined in t "Designated torage Space Sketch"
Afterb. completion of the NIPion, the Property Owner shall
meetall Post-Construction requirements to include:
(1) Moving of all furniture and belongingst In the
"Designated St ce Areas" back to their odginal positions in the condominium:
( ) Moving of any excessiveit Ion ins back into
the condominium;
( ) Re-installation of all wall treatments, door treatments and
II hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above - s ion responsibilities, the Property Owner shall be removedI
participation and the r shall be liable ounty and/or Contractor for
any and II resulting damages andII direct and indirect sts related thereto.
d. In the event the Property Owner falls to perform any and all of the
above - ion responsibilities, the Property Owner shall be liable o the
County and/or Contractor for any and all resulting damages and all direct and indirect
costsI t thereto.
. Impeding Constructin. Once construction of the Program
Improvements beg the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent anyn II
tenantsthat may occupy the Property duringconstruction of the Program
Improvements from impeding t ion or altedng construction c l . In the
event the PropertyOwner or any tenant occupying the Property impedes construction or
rNoise Insulation Agreement Page 3 of 28
alters the construction schedule, the Property Owner shall be liable to the Contractor
and the Countyr any damages and all direct and indirect I to .
8. Safe uin .Environment. The Property Owner shall be responsible,
for providing a safe workingenvironment for the ProgramManager, Contractor,
subcontractors, u li i federal inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, h rty Owner shall be responsibler:
(1) Providing a workingenvironment that is free from potential
health risks, blohazard conditions, s chemicals, st l a on n
kind for explosives-,
( ) Refraining from verbal abuse or profanity;
( ) Refraining from aggressivephysical contact, and
( ) Insuring that all pets are completely c nd contained.
. in the event the Property Owner fails to meetn f the foregoing
conditions, the Program process may, at the of i s ti , be temporarily
suspended n time. In such event, the Program Manager shall notify they
Owner in writing, statingthe correctivei ( ) forcondition(s) required to be
.completed r performed by the Property Owner prior to the County resumingthe
Programs.
c. In the eventis not resumed due to the
Property Owners failure to complete the corrective action(s) and/orcondition(s)
requiredthe Program Manager, the Property Owner shall be liable o the County
and/or Contractor for any and all damages andII direct and indirect sts related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to theCounty for Contractor for any and all damages andII direct andindirect
costs related r caused by the temporary suspension of the Program .
9. Construction I s. During the construction pedod, the Contractor
may experience seen complications relatingto theinstallation
Improvements. h t ion contract shall provide that delays relatedto these
unforeseen complications I of the Contractor andshall be excused
so that the time r completion may reasonablye n r ion schedules
may also be revisedif there is a delayin awardingthe contractr if the Program
Improvements v to be re-bidin the eventlack of bidding contractors and/or failure
of the lowest iv , responsible bidder to executethe contract, providepayment
and performance bond or show proof of requiredinsurance.
10. Changesto Scope of"o . The Program Manager reserves the right
to make changesto the plans and specificationsand the Program Improvements, its
_. ... _. .... .....® _.... ® _ ----------
Ptopeny Owner
Noise1 'o Agreement Page 4 of 28
soI e discretion, at any time during the Program process, provided such changes do not
reduce the scope or quality of the Program Improvements described in Exhibit C and
such changes are necessitated by the discovery of hidden condltlo�s—not it
detectable dudng normal property inspection pmcedures.
11. Acceptance of Work. Upon completion of the Program Improvements,
the Program Manager shall inspect or, -cause the inspection of the Program
.Improvements to determine if they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and performance issues as they relate to the Contractor, suboontractors,
suppliers and acoustic designs. The Property Owner is requested to attend the
Substantial Completion Inspection and provide input to the Construction Manager With
respect to the identified punch-list items. In addition, the Property Owner is welcome to
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner'and the Program Manager, as to a conforrnance or performance issue, the
Property Owner shall be required to submit the discrepancy in wrtting to Monroe County
(representative to be defined before the NIP construction process) Within 7 days o°f the
inspection giving dse to the discrepancy. Monroe County shall then make a
deterrinination as to the acceptability of the conformance/performance issue and any
remedial action that rnay need to be taken. Monme County shall be the final arbiter of
any confoiTnance/paiformance/issues. Failure by the Property Owner to submit the
wriften cornplainn within the time period specified above shall thereafter foreclose the
Property Owners right to file such complaint.
12. Termination of reement. The Property Owner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the Prognam.
Ther-ellbre, if the Property Owner attempts to terminate this Agreement or, otherwise
impedes the progress of the perlbrinance of the Program Improvements after the award
of the construction contract, the Property Owner will be liableto the County for any and
aII damages and all direct and indirect costs caused thereby,
13. Warranties. The County does not represent or warTant the level of
noise reduction that the Pmperly Owner will experience within the Pmperty as a result
of the Program Improvements perf6rined as part of the Program.
a. The County agrees that its contract with the Conti-actor will include
standard one (1) year warrantles from the Contractor for all matedals and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided fbr in Paragraph 9.
b. At the end of construction, the Program Manager will provide the
Property Owner with a Warranty & Final Closeout Package which will contain copies of
the warranty policies, pmduct instructions, design documents and legal documents. As
a condition of receiving the Warranty & F-inal Closeout Package, the Property Owner
..........—----.......
Nopeny Owner Noise Inm1ation Agmment Page.5 of 28
must first submit a completedI n 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 Hfer among product manufacturers. In the event of claim, the
Property Owner is solelyresponsible for pursuing all future uct warranty issues
directly With each r.
c. In the event of a claim, the PropertyOwner shall be solely
responsibler, and agrees to contactthe Contractor or product manufacturer directly to
coordinate n ired warranty service andto look solely to the general
contractor r the product manufacturer for fulfillment of all warranties and for resolution
of II product or construction warranty issu ( ):
(1) The Property Owners inquiry is not directly relatedto either
construction warranties or product warranties (such as windowcleaning r product
maintenance) regardless of whether the Property Owner'sinquiry arises during the one-
year warranty period the Contractor or thereafter;
( ) The Property Owner believes that warranty service i
required it s to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is requiredit
respect to product warranty issues, the advertisedperiod r the product has
not expired, the manufacturer is currently u i its in ; and
( ) The Property Owner believes that service is requiredit
respectissues, and the advertised warranty period for the product
has expired.
14. Pro-Existing fici ci_s. The Property Owner will be requiredto
sin Exhibit D (Deficiency old Harmless t) which will impute II
responsibility n liability to the Property Owner for any and all present Pro-Existing
Deficienciest the Property, whether seen or unseen.
1Pre-Work-Requirements. a ner will be required
to complete any and all Pro-Work, as requiredthe NIPsuccessfully accommodate
the I uic modifications. The Propertner will be reguired to�coMpjete all
din ted Pro-Work items utilizing their own funds andr th@ reqy:1reodeadlines s
established by he NIP, In the event the Property Owner falls to complete the
designated P - items by the establishedI lin , the Property Owner shall
removedbe I participation and the Propertyr shall be liable to the County
and/or Contractor for any and all resulting damages and all direct and indirect s
related thereto.
1 . City „ t " - i oke l i ent. In
compliance it the City of Key West Fire Marshall and the City f Key West Building
Department construction permit issuance requirements, the Propertyr will be
required to install 1 -volt " smoke alarms in their condominium i
_ ..... c........ -.___...... ........
Aroperly Owner Oise Imulation Agreement Page 6 of 28
accordancei# 11 applicable codes and regulationsthe requireddeadline
established the iP. The Property Owner will be ra' sr)onsible to that the
smoke alarms are not installed in same areas within the condominium where NIP
iii6-@Efc—atlon work will occur, to avoid any-�tlaljmpedance to the NIP oonstruction
2Mcess. In the event the Property Owner falls to install the designated - °
alarmssmoke the establishedl Ili , the Property Owner shall be removed
from NIP participation.
17. Suspension_q
t ®1 t timethe design
and/or constniction
the 1 f Deficiencies due to their potential impact on the PrDgram
Improvements and product warrantl r ill not resume until the
Property r has corrected all related problemsto the satisfactionf the Program
Manager. In the event repairs are not completed in a timely r, the Property
Owner will liable t t Countyf all 11 i indirect
costst delayr f r stoppages of the work.
18. Limitation It tl to the- , ._rely® The Property Owner
agrees t to make alterations, or to permit any tenant occupying any1 f the
Property to make alterations to the existing1 r walls from the time
the Design process until the 1 of the Improvements n
completed. ti to this l t be pre-approvedin writingthe Program
Manager. Failureto adhere to this it rat may, at the optionf the Program
Manager in its solel ti , result in an immediate suspensi f the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County r all direct and Indirect t associated i alterations rw
damages related thereto..
post-
coristruction noise testing is a very important Program process that is designedt
determinemeasure and the 1 achieved noiseICI reduction level attreated.
properties. If selected by the Program Manager for Pre- & post-construction no
testing, r Owner agrees to provideto their pmperty lbrtesting
agrees to not to make alterationsto the Interior of their property (with the exception of
repairs of Deftencles) from the time of the re-construction noise test to th
construction noise test. I to insure consistentrise daii—c6l-liciion, t
Owner l t t interior layout f f it r coverings
and vWndow treatments from the i f the pre-construction not test to the - t-
tr _l I t. The Property Owner understands that the failureto adhere to
this 1 rat may result in corruptionti 1 testing , the
understandsProperty Owner liable to the rat for any directindirect
noise testing t in the event these requirementsmet.
20. Co
&&o�qratjon. As reasonablyt the Propertyshall
dooperate withthe Contractor, the Program Manager and MonroeCounty In the
performancef all phases of the Program Improvements including, t not limited t ,
the removal and reinstallation of ruigs, wall hangings and furniture necessary.
Ownere Insuladon Agmement Page 7 f 28
1. iliti . The Property Owner shall a it the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
. Design and Bids s . At scheduled times and/or upon
not less t twenty-four ( ) hours advance notice (via 1 it andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, it , County, t e I inspectors and consultantsthe
Property to collectdevelop II final design and bid documents. These visits could
include, but not be limited t , property survey, design survey, hazardous material
Inspection, pre-noise testing pre-bid visit. In the event the Property.Owner falls t
provide c the Property for all required NIPDesign and Bidc Visits, the
Property Owner shall be removedI participation.
2 . Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight O hours r to the scheduled f NIP
construction. This short visit will provide the Program Manager with the ability
that the Property Owner has met all furniture orage responsibilities. Failure could
result in the suspensionf the scheduled I construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect late thereto.
24. Pre and Post Construction Access. At scheduled times and/or
upon not less than twenty-four ( ) hours advance tic (via 1 email andlor letter)
and per the establishedI ion schedule ssi , the PropertyOwner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, to and federal inspectors and consultantsaccess to the Property to provide
II required NIP - of ion and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-Gonstruction inspections, review
Designated t c requirements, post construction inspections an post-
construction noise testing. In the event the Owner fails provides r II
requiredI and t n t ion visits, the Property Owner shall be removed
from NIPparticipation the Property Owner shall be liable to the and/or
Contractor for any and all resulting damagesall direct andindirect st related
thereto.
25. Construction rio ccess., Upon award of NIP
contract, the Contractor will provide the Program Manager with their final construction
schedule, hich will include the required number of calendar l to the NIP
construction in each of the participating condominiums. on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar a in which construction Y411 occur in their condominium. The Property
Owner agrees to relocatetheir condominium fbr the entire assigned time period. I
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period dueto safetyconcerns and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assigned st ion time period, the Property Owner shall be removedfrom NIP
OwnerPrppeny o e Insulation Agreement Page 8 of 2
participation the Property Owner shall be liable ounand/or Contractor for
any and all resulting damages and all direct and indirect t related .
26. Construction Period ExtensionHurricanes. Since the NIP
construction period will extend into the t hurricane season, there is potential for
construction delaysand/or stoppages, beyond thecontrol of the Contractor, in the event
of a threat of an approachinghurricane and/or an actual hunicane event. Due to this
possibility, the Property Owner understands I occur in addition to their
originally asin ion.time period, without any fault or cost to the Contractor
d Program Manager. Furthermore, the Property Owner agrees to relocatetheir
condominium for all additional calendar s resulting from NIPconstruction work
stoppages due to a hurricane threat or event at no cost to theCounty, Contractorand/or
Manager.Program In the event the Propertyr fails to provide the required
additional access to their condominium to hurricane-related work , the
OwnerProperty shall be removed from NIPparticipation the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect related .
27. Q[scovqry of Pre-_ExIstinc Deficiencies ri Construction. In the
vent the Contractor discovers pre-existingdeficiencies the Property duringI
construction process that negatively impact the installation of the NIPimprovements,
the r agrees to immediately repait and remedlatesuch deficiencies in an
effortiv impact on the scheduled construction period. The Property
Owner understands that, dependingthe timingthe pre-existing defiicl nrepair,
the NIP construction period may need to be extended, fault the Program
Manager or Contractor.
. LMpact of Unforeseen KWBTS BuildiggConditions on Construction
Schedule. The Property Owner understands t unforeseen building itions that
may arise during I tru ion may havethe potential to increase the original
scheduled i of construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to planfort "worst-case" possibility that the
odginally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building n itions that may arise and complicatethe NIP
construction.
i tiny i 1 Door Treiatments, Shades a nd Blinds. The
OwnerProperty understands , after the installation of now NIPtic window and
doors, the existingwindow and/or door treatments, shades and blindsnot be
compatible nor able to be re-Installed size differences new and
existing i doors.
30. lsi o1A:1rvq. Duringthe installation of the new
acoustic i o , the NIPill be providingn replacement
interior trim and sills. The Property Owner understands that theI I t trim
ill not match custom and/or specialized crown moldings and/or custom window
and door trim. After the completionI o ifi tin , the Property Owner will
have the ability to make modificationsto the NIPinterior trim at their own s .
................
Propeny Owner Noise Insulation Agreement Page
1. Communication Requirements. The Property Owner agrees to
read and reviewII NIP emallsand/or letters in a timelyfashion whisbeing
provided by the NIPschedule . In the event the r
falls to meet this i t, it could resultin removal from NIPparticipation.
. Title Examination. The Program Manager has obtained or will
obtain, its sole cost and expense, "Abstract .Title" to ensure that the Property
title is free from liens and/or title defects.
33. Coo reratlon in Clearing Title. Prior to the commencement of
construction of the Program Improvements, the r shall cooperate withthe
County in order to (!) correct any title defects affectingthe Property whichdisclosed
y t Title" and in the solet r in i f the Countyy serve t
invalidate the Easement, and (ii) secure the writtenconsent of any and all mortgage
holders h ner conveyance the Easement to the Countyif the
County determines that it is necessaryr desirable to do so (collectively, t "Tit/
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its solediscretion, i that the Title a !ng the Propert
may invalidate t n , this Agreement shall be null and void, and the
shall be terminated.
. Federal Assurance. As requiredthe Federal Aviation
Administration, the Property Owner agrees to the followingprovisions:
. The Property Owner shall subject the construction work on the
projectto such inspection v ! during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonab
be requested y the Program Managerand/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance andi f the items
installed, r constructed under this Agreement. Neither the Federal Aviation
Administrationnor the Countyn p i ilit r maintenance and operationo
these items.
. Reduction of Fresh Air Infiltration. The Property Owner will be
requiredto sign �Exhibit . (vnlltln of I ) which hputes all
responsibility to the p r for the proper maintenance of interior moisture
humidity levels.
36. *ialvage of Materials & Eguipment. If the e r desires
to retainn f the material or equipment removedthe Property as a result of the
Program Improvements, er shall arrange for the selvagei
materials i t directly withthe Contractor at the Property Owner's sole risk
and expense. The Countyu no responsibilityr the condition of the material,
equipmentr surrounding l of the owner-requestedsalvage. The
OwnerProperty and the Contractors all, prior to the of ion,
agree n and executedocument listing items to be salvaged. In the
._........................ __
er Noise Inm1afion Agmement Page 10 of2
of such a written agreement, all items shall become the property of the Contractor.
Materials equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
37. Propedy Insurance. rin construction period, the
Contractor will provide builder's risk insurance r the Property. The Propertyr
shall have the option, at the Property Owner'sl st and expense, to maintain
homeowners insurance policy r the duration of theconstruction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builder's risk insurance ill cease, andit is advisabler the Property
Owner to obtain insurance v r any value to the Property by the Program.
. Timing and Effects of Construction. The Property Owner
understands that there is a chance that construction itself exceed the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience an ul generate i ific t
quantities t and debdsrendering rti ns of the Property uninhabitabler
extended periods of time.
39. Labor and„m Material Release. The Property Owner releases and
v r discharges any an aII claims, suits and actions against the Program Manager,
the n its officers, employees, agents, consultants;
suppliers i to issues relating to the conformancelabor, materials
acoustic designs utilized in the Program Improvements. i in thisshall
limit the warrantiesr materials and workmanshipi in the contract with the
general contractor.
'Sale40. In the eventOwner sells, conveys or
otherwiseitl tot completion II phases of the
Program process, the Property Owner hereby agrees to providethe buyer with
of this Agreementprior to the closingsale, nve r other transfer, and to
transfer Il of the PropertyOwner's responsibilities and obligationsr this
Agreement to the buyer as a conditionof the purchase, conveyance or other transfer of
the Property.
1. Waiver. No waiver of, acquiescencei , or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a waiver o ,
acquiescence i , or consent to any other, further or succeeding breach of the same or
any other ten'n, covenant or condition hereof.
Release42. of Easement. In the event that this Agreement is
cancelled or the Countyt r ins that the Easement should be released ,
tOwner, ritten request by t II y County
sum of n n Dollars ( 1 ) to cover the costs of the preparation
recordingIease of Easement document in the public records of Monroe
County, lri r understands that it is the Property Owners
responsibility insure such payment is made in order to 'clear" the title to the Property.
_....... _. ......._. _.... _....................._
Owner Noise Insulation t Page II of 28
4& Authority to Execute On Behalf Of Count , By Resolution No. 111-
L004, duly motioned and passed at a lawfully announced public meeting, the Boa f
County Commissioners of Monroe County, did, on the I r day of March 2004, grant full
authority for ttie County Administrator to execute tFis—Agreem—e rat on 7behalf 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
e. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. Governing Law, Venue, Interpretation,, Costs. and Fees.
(1) This Agreement shall be goverried by an'd constr i ued n
accordance with the Laws of the State of Florida applicable to contracts made and to be
perforTned entirely in the State.
(2) In the event that any cause of action or administrative
proceedIn g is instituted fort enfbroement or interpretation of this Agreement, the
County and Property Owner agree that venue vAll 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
thern, the issue shall be submitted to mediation pdor 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 aftomeys' 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
Flodda Rules of Civil Procedure and usual and customary procedures required by the
circult court of Monroe County.
b. Binding Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal rep rase ntatives, successors, and assigns.
P�rqpeny Owner Noise Imulation AMement PW 12 of 28
c. Severabl.lity, 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
shaII be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. Authormt . 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 I .
9. Duration of A erne . 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 affect the
Program Improvements (the 7erm"), except as may be sooner terminated in
accordance Wth the provisions of this Agreement.
f. Acceptance of Gifts4 ts Funds r Beguests. The
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, assistanoe funds, or bequests to be used
for the purposes of this Agreement.
® Claims for Federal 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. Adjudication of D
— isputes 2r Qjg��� The County and
Property Owner agree that all disputes and disagreements shall ted 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 Property 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,judsdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Propeny Owner
agree to comply Wth all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nond iscri in Mation. These include but are not Hi- itto: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits disdrimination on the
basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973,
as amended (20 U.S.C. & 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
———--------------------------- ............ - ------ ---
Propeny O�mer Noise Insulation Agreement Page 13 of28
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination an the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-610), as amended, relating to
nondiscrimination an the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 191 2= ss. 523 and 527, ( , as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 1,990 (42 U.&C. s. 1201 Note), as may be amended from time to
time, relating to nondiscrimIn tin on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination, (9) The Monroe
County Human Rights Ordinanoe (Chapter 1314, Article VIll Sections 13-101 through
13-130), as may be amended from time to time, relating to nond iscrim In tiny and (10)
any other non d iscrim Mation provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement.
j. rptiq .g a In the event any administrative or legal proceeding is
instituted against it re party relating to the formation, execution, perfon-nance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be required to enter into any arbltratl6n proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books, Records, and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for it purposes during the term of the Agreement and fbr four years
following the termination of this Agreement.
1. Covenant of No Interest. The County and Property Owner
...............—,
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
m. Code of Ethics. The County agrees that the officers and
employees of the County recognize and will be required to comply Yvith the standards of
conduct relating to public �cers and employees as delineated in Section 112.313,
Flonda Statutes, regarding, but not limited to, solicitation or acceptance of glfts; -doing
business with one's agency; thodzed compensation, misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
infiorma tip n.
................ ................... --- - ------------
P�,qpeny Owmer Noise Imulation Agmement Page 14 of28
Sol Mtatlonffla ym ent. The County and Property Owner warrant
that, In respect to itself, it has neither employed nor retained any company or person,
oCher 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
makI ng 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 frorn monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to "the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Flodda. The County and
Property Owner shall allow and pennit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon Violation of this provision by the Pmpertj Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorne)(s fees and costs associated with that proceeding. This provision shall
surAve 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 Countys custodian of records, provide the
County with a copy ofthe 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 t t public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
-.............. __-, -...............................................................____............. ...................
AropeHy Owner Noise Inm1adon Agmement Page 15 of28
authorized by law for the duration of the contract term and following completion of the
contract if the Property Owner does riot transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public reoords that would be required by the County to perform the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Property
Owner keeps and maintains 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 information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to 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
Chapter 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 Immunfty, Notwithstanding the provisions of Sec.
768.28, .Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by.the County be required to contain any provision for waiver.
q. Privileges and Immunities. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or employees of the County, when peribrTning their respective functions
under this Agreement within the territorial limits of the County shall apply to the sarne
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. Lqgal Obligations and Res nsibliffles, Non-Dole 1 of
ag gat on —
Constitutional or Sta Duties. This Agreement is not intended to, nor shall it be
66--nitrued as, relieving 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 performance may be offered
in satisfaction of the obligation or responsibility. Furttier, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
P�vpeny Owner Noise Inmiation AWeement Page 16 of 28
state statutes, case law, and, specifically, the visions of Chapters125 and 1 ,
Floridatut .
. Non-Reliance by Non- i s. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement toenforce or attempt t
enforcey third-party third-party claim t entitlement to or benefit of any serviceor program
contemplated hereur, and the Countyr agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual r group
of individuals, entity or entities, have entitlements or benefits r this Agreement
separaten , inferior to, or superior to the community in general or for the
purposes contemplatedin this Agreement.
. Aftestations. The PropertyOwner agrees to executesuch
documents s the County may reasonably require in the performanceof the obligations
dutiesand of the County or Property Owner under this Agreement.
o Personal Liablift . No covenant or agreement containedin
shall be deemed to be a covenantor agreement of anymember, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe Countyshall be liable olly on this Agreement or be
subjectto any personal liability or accountability by reason of theexecution of this
Agreement.
v. Execution i nt is Agreement may be executedi
any number of counterparts, each of whichshall be regarded as an original, all of which
ken together shall constitute onen instrument n any of the parties
hereto may execute this Agreement by signingsuch counterpart.
w. Section Heading. Section headings haveinserted in this
Agreement as a matter of convenienceof reference only, and it is agreedt such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provi ion of this Agreement.
Propery Owner Noise Imulation Agreement Page 17of2
IN WITNESS , the Property Owner and the Countyhave
executed this Agreement as of the day and year first v n.
WITPESSES: PROPERTY
mP
OWNER:
naviure
Signet,wrr,, y�
k k
Name
y
w,
Signaturebate
I
Planarne
_.._________._.. .._.____..�................
JTNESSES. PROPERTY OWNER:
GC Y'` Signature
4.ame Printed Ner►�s it
41
ysN e
y
w I
Signabire
CD
�..
FOR e r
f
......... ....
�W
a . _ ......... . ....... . ___.............................................._.......... ............... _...._ _.._ .... _,
. BOARD OF COUNTY COMMISSIONERS:
" Im MAYOR 1 CHAIRMAN:
nVIN MADOX, CLERK
SLYVI URF
Deputy ClarkSignature
t
°, t:
®........ .. ......................................
Prope?ty Owwr Noise adopi ent 3 18 of 28
R1550-41
AWSTANT CL
PROGRAM POLICY STATEMENTS
Exhibit
OwnerTo
Property Noise Insulation
A. Air I l Ins: General Restrictions. Whileproviding a new ductless "mini-
split" AC systemyour condominium as a part of the Noise insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
. All refrigerant lines (running the balcony condensingunit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining a maximum height of 48
inches.
. All condensate lines will be installed on the building exterior consistent withT
Board policy l o ensure the highest level of consistency and building
architectural aesthetics.
. All interior AC lines (refterant, condensate, electrical) and EnergyRecovery
Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters is
will be constructedto match the quality i inwalls. The number and locations
of the new vertical wall and comer pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determinedthe Program Manager to be
deficient will be replacedy the Program as a part of the Noise Insulation Program
modifications.
WindowB. ill Replacement. Due to the presence of asbestos, the NIP will provide
new custom wood surround and sill instead of the existing u board surround.
to this revised plan, existing custom sills (marble, i ) will not be replaced.
This revision will be an improvement, it c in constriction costs and improving
time efficiencies.
Q. Custom _Crown Molding.,andRestrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originally assumed), which will not
allow sufficient time for the awarded general contractor to secure custom matched
replacementtrim. Therefore, existingcrown moldings, wall trim, and base, the
contractor will, instead, cut the existing woodtrim flush to the face of the pilaster or
thru wall a-ifill. At new pilaster locations , if the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard ( " x 5-112� painted wood trim t
abut the existing tdm, rather than attempting to match the existing custom trim profiles
and materials. After the completion of the NIPn tru ion, the property owner will
....__... ............_............................ _ «.
Exhibit A-PmpeM OwnerNoise Insulation Agreement19 of 28
have the option to replace the installed trim it other custom trimto match the existing
materials and pmfiles..
Threshold_D. Door io, Due to stringent Flodda hurricane impact andwater
Infiltration building des, all new aluminumc i i pdme entry swingingdoors d
sliding lass. patio doors will have thresholds that are considerablyhigher (from the
floor) than existingdoor thresholds. These higher door thresholds are designedo
provide optimum protection to the interior of a condominium from water infiltration during
hurricane.
E. KWBTS Asbestos Testing
As required y state and federal requirements, THC conducted asbestostesting n all
participating KWBTS cndo iniu s in Buildings A, B and C during the November 2017
o Apdl 2018 time period. This testing included collecting to 9 samples atech
condominium to include Joint compound, in I i , and exterior
windowndoor caulking. In addition, random, rior stucco samples were collected
on both the 'Walkway" and "courtyard / balcony" building elevations.
Depending n the laboratory analysis f these samples, the presencef asbestos
containing a Is (ACM) have thepotential to i -several areas of the NIP
construction process to include:
window removal and acoustic window installation,
- door removal and acoustic door installation,
oval of portable 1 - all° AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AC,
wall cuts required for the installation of the ductless AC,
construction of vertical Il pilasters requiredr installation of the ductless
systemAC s,
construction of closet soffit for installation of the ERV.
F. Asbestos AbateMent Requirements
In the event any samples show a presenceasbestos ininmaterial (ACM), the
awarded NIP contractor will be requiredto perform the following abatement
requirements during construction:
If samples of ACM C 1 `
The NIP contractor will be requiredl it worker safety requirementsto
include r 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.
' i -Prvpeny Owner Noise Insulationn a 20 of 2
pj show a presence of ACM >10
The NIP contractor will be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency(EPA)to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, closets,
windowsldoors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abat t and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
- it sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement)workers.
will be required to provide executive oversight of all ACM abatement
processes In all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority of Design Decisions. The KWBTS Board YAII have the
Authority to make several of the Pmgram design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-SpI117 AC System Installation Requirements
5. Interior Ductless "Mini-Split7 AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
Exhibit A- eny Owner Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Apartment Unit known as No. 215-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.
...............
Exhibit B- 'se hmladon Agreement Pap 22 of28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibff C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior enVironment of a property by a minimum of five (5) decibels.
A typical Program' Imp rovement package may include:
0 Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
............... ...®...............-. . ................... . .......
Exhibit C-Property Owner Noise ltion Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
NoiseTo
Property Owner Insulation
1. In partial consideration of the compensation to be paidon behalf of the
County and the Program for the Program Improvements to be made to the Property
descdbed in the Agreement of even date herewith (t ) between the County
and Property Owner and to which this Exhibit _ is attached, i r and on
half of the undersigned the heirs, n I representatives, successors, n
assigns of the undersigned, ver releases, remises, discharges, indemnifies and
covenants not to sue, institute claims in ,- r institute y proceedings against, the
County, or any of b agents, officers, ploys nul r contractors
conceming anyII claims, demands, damages, actions or causes ion of
whatsoever in and nature on account of bodilyinjuries injudes or death, damage to the property,
and the consequencesthereof, and any of the foregoing is e to the
undersigned t their respective heirs, personal representatives, successors and assigns i
connection with any and all Pre-Existing Deficienci (the "Deficiencies!') ain i
County r any of Its officers, agents, employees, consultants and/or contractors
legally liable,
. The Propertyr understands s full responsibility for the
Deficiencies sent in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the Deficienciesinclude any
deficiencies in the Property at the time of execution of thisi l
include, but nut be limited to, code Violations, structural damage, water 1 moisture
damage, hazardous matedals, infestation and/or any issue that would negativelyimpact
the installation and performance of the r Improvements.
. If visible, the Property Owner understands that the Program Manager may
identify ocu t Deficiencies at any timethroughout the Program process
(including ei , bid andconstruction processes). If identified nd documented, the
Program Manager will classify the observed Deficiencies as either"Minor" or° eve ".
Owner5. The Property assumes ll responsibility for the worseningof any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies identified during the design
process, the Property Owner agrees to completenecessary i to the Property, to
the acceptance of the Program Manager, as a preconditionto the commencement o
construction of the Program Improvements. In the rare event that "Severe" Deficiencies
uncoveredare during the construction period, the Property Owner agrees to complete
_. _ . .... ._............. _... .
Exhibit D- n, Noiseultion Agreement Page 24 of 28
repairsnecessary , to the acceptancef the Program Manager t
minimize l r stoppages of work.
7. The undersigned that all of the releasel
harmless indemnity i ion in Paragraph 1 of thisapply
damage,property injuries, deaths, or damages arising Deficiencies for all
negative impacts that later result Lfter the additionof the Program Improvements.
provisions i It Q shall su.rvive thetermination r expiration of the Property
Owner Noise Insulation-Agreement.
undersigned8. The terms and provisionsof thisExhibit
_ II binding i undersigned it iv
i l representatives, successors and assigns.
PROPERTY
9
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Signature
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Printed Name
WITNESSES: ... PROPERTY OWN�� R: _
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Exhibit D-Property Owner NoiseCation Agremnent Page 25 of 2
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit
PropertyTo
i_ Insulation
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (t 'Agreement') between the County
and Property Owner and to which this Exhibit is attached, the undersigned, for and on
behalf of the undersigned and the heirs, l representatives, successors, and
assigns of the undersigned, fioreyr 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 to the
propertyand the consequences thereof, and any of the foregoing which may accrue
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection it any and II Ventilation Deficiencies (the " icie ci s") against
said County or any of is 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 infillin o 'through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split" air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside 1 outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation ( V) unit which
will provide an adequate exchange of inside 1 outside air to the condominium
required building .
3. Given the tightened interior environment of the treated ndo inium, the
Property Owner agrees to assume full responsibilityfor the per operation the now
Program ductless C to and energy v ventilation ( ) unit to avoid the
potential for mold and moistureproblems, especially during periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. is bathroom tubs and/or showers are a source of
moisture generationin the interior environment of a condominium, the PropertyOwner
agrees to assume full responsibility for ensuring that all bathrooms av n operable
bathroom exhaust fan capable of properly exhausting bath i to to the exterior
f the building. It should also be noted that the on ial KWBTS condominiums were
constructed it II wall vent that was designed to allow the passive exhaust o
.._ __ ........
&hiblt E-Prop"Owner Noise Inmiation Agreement Page 26 of 2
bathroom of in a central building x t shaft. Duringthe Program design
survey process it was discoveredh it i s lack solid central building
exhaust shaft. Due to this existing condition, these original wall vents (if still present)
have the potential to provider unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assumefull responsibility for the
sealing original wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated.
5. It is clearly a buildingviolation to ductlaundry r exhaust to the
KWBTS central exhaust shaft. In the eventOwner has Incorrectly u
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correct this fici y properly exhausting their laundry dryer exhaust in an
alternative o that meats current building code, at their cost before theinitiation
the Program construction process. Furthermore, the Propertyr agrees to assume
y and all liability I t to the improper ducting of their laundry dryer exhaust.
h r understands tat I v 'll not
eaddress kitchen and bathroomventilation for excessive interior humidity levels
generated the Property Owner within the interior of the condominium. The Property
Owner understands and assumesfull responsibility for maintenance of interior moisture
and humidity levels. rt r agrees to assumefull responsibility for any
occurrence, occu c r worsening of moisturele n for Interior humidity
levels in the Property. In addition, the Property Owner agrees to assume full
responsibility for the maintenance and operationthe NIPventing o ifi i r
completion Improvements.
. The undersignedacknowledge n that all of the release, hold
harmless andindemnity provisions set forth in Paragraph i of this Exhibit_E applyt
injuries, deaths, or damages sustained in connection with or as a result of any and all
interior ventilation defici ciarising r the additionf the Program Improvements
including, but not limited , high humidity, mold, it for lack of proper exhaust
ventilation. The provisions of this 0ghlbit E shall survive the termination r expiration
the Property Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and provisions of this
Exhibit shall be binding upon and inure to the benefit of the undersignedtheir
respective heirs, personal representatives, successors andassigns.
p
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Propertyner Noise Insulation of 28
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WITNESS I ES PROPERTY OWNER:
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,,, Noise Insidation AgreeMenta of 28