09/18/2019 Agreement/Easement-C221 �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
PregarA By and Return T2:
Heather P. Faubert-
NIP Assistant Project Manager DwO2263750 EW3#18PO2450
THO, Inc. Recorded 4/2112020 11:20 AM PW I of 4
710 Dacule Rd., Suits 4A#315 Deed Doe Stamp$0.00
Dacula, GA 30019 Filed wid Recorded in Official Records of
MONROE COUNTY KEM MADOIC.CIPA
"IGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 20day of
20 Iq
PETERSEN", hereinafter referred to as"the Property Owner," in favor'
Of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic arid
corporate, hereinafter referred to as 11130Caff
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("the Property")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit 221- ,
C, CORAL BAY GARD'ENS 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.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C221"
B. The BOCC is the owner and operator of Key West International Airport(Uthe Airport")and
desires to make properties that, through interior noise dxposure 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 Ibr the installatio'n 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 below 45
d13 in accordance vAth Federal Aviation Administration policy. Granting 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 capacity as the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Keyw intem alp na6 Airport NIP—AvIgalon Eas&iiont(Unft#C221) Page 1 of 4
Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the
NIP Will benefit the Property Owner and the providing i remedial soup
attenuation construction on all eligible resr i I structures on the property necessary
to achieve ion in DNL indoor noise levels t least 5 dB and bringthe average
interior noise level l in accordanceit I Aviation Administration
policy.
., The PropertyOwner fully understands that the NIPeligibility l change at some future
time, but is currently the 2013Existing Condition ofExposure Map
accepted by the Federal Aviation Administration ("t ") on December 19, 2013.
G. The NIP will be administeredin accordancewith the current r 5100.38, it
Improvement
H. It is thes this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in considerationimprovements to be made to the Subject
Property through the NIP,the receiptadequacy hich is hereby c W I by both
parties, and in consideration incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns II
successorsin interest, dos hereby grant, bargain, sell and convey to the BOCC, Its
successors ins, a perpetual avigation easement over the property. The
of the Easement shall include h t to generaten i noise and to causer
effects s may be associatedwith the operation of aircraftover or in the vicinity
property. This Easement shall apply to all such aircraft activityt the Airport, r
future, in whatever form or type, duringt, ori, to or from the Airport, and it being
the intent of the parties that all such Airport activityshall be deemed to be included
'thin the purview of thist.
2. This Easement shall be perpetual in nature II bind and run withthe titleto the
propertyand shall run to the benefit of the BOCC or its successorininterest as owner and
operator of the Airport.
. The Property Owner on behalfthe Property Owner, its heirs, assigns successors
in interest, does hereby releaseII related partiesf the BOCC,
including not limited o BOCC members, officers, nagents, servants,
employees and lessees, from any and all claims, demands,,damages, debts, liabilities,
costs, or y' s or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently v , have in the past possessed,
or will in the future possess, s a resultAirport operations or aircraft activities and
noise levels I t or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including not limited the above-mentioned
property r contiguous to noise, and other effects of the operation the
Airport or of aircraftlanding or taking off at the Airport.
Key t Intemetional Airport NIP—Avigadon Esaerrient(Unit 21) Page 2 of
4. This Easement expressly excludes and reserves to the Property Owner and to the
Property Owners heirs, assigns and successors in interast, claims, demands,
damages, debts, liabilities, oosts, attorneys' or expert's fee, or causes of action fbr
physical damage or personal injury caused by any aircraft or part of any"alirraft using
the Easement that does identifiable physical damage to the property or injury to a person
on the property by coming into direct physical contact with the property or the person on
the property.
5. Should either party hereto or any of their successors or assigns in interest retain
counseI to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of any alleged breach of
any provision of this Agreement, the prevailing party shall be entitled to all costs,
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therevAth, including appellate action.
6. No provision of this Agreement is to be interpreted for or against any party because that
party or that party's legal representative drafted such provision, This Agreement shall be
interpreted and construed according to the laws of the State of Florida.
7- No breach of any provision of this Agreement may be waived unless in writing. Waiver of
any one breach of any provision of this Agreement shall not be deemed to be a walver
of any other breach of the same or any other provision of this Agreement. This Agreement
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 contained herein is held invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall in no way affect, impair or invalidate any other provision hersof so long as the
remaining provisions do not materially alter the dghts and obligations of the parties. If
such condition, covenant or other provision shall be deemed invalid due to this scope or
breadth, such covenant, condition or other provision shall be deerhed valid to the extent
-of the scope or breadth permitted by law.
& In the event the Airport shall be subdivided into more than one parcel, or the Airport or a
portion thereof becomes subject to operation, management or administration by a party
in addition to or in lieu of the BOCC, then and lh that event the parties agree that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airport flight purpose,s, and that any such successor
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsible for
all costs of maintaining and operating any sound attenuation materials and equipment
installed in the Property by or an behalf of the BOCC.
I(ey west intmiml'Airport-NIP"----A--vlgaflot,iEassm-s''nt(Ursa#-C221) Page 3�f
This Easement Agreement is executedthe date first v .
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Date Date �u
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COUNTYOF
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The
foregoing instrument was acknowledgedi . 20-119
b i
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Property Name(s)
t l 4- ,- Nda y PUMIC Stag bf FWds
x� ,r Jeasks L Wallace
®....a My Commis slon E ri jj i tit3 75�e0
t Public ;gna 0 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
I
IT Yil .
Ignature E ',
gyp.
Sign- re
Printed Name - .�'° t �,•,„,, �?
Printed
Signature
' Y t
LPIA-
rin Name
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FLORIDASTATE OF
COUNTY OF MONROE INK
.. ..
The foregoing Instrument was acknovAedged before me this day —. 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
�4 y Commission Expires:
Notary Public Signiii
l I
, V
W., = 4 International I - VI (Unit
Address: K ev West b y the Sea
' o.: C2 1
Name(s):
PROPERTY OWNER NOISEINSULATION AGREEMENT
KEY WEST INTERNATIONAL T, MONROE COUNTY
THIS NOISE INSULATION T (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property Owner").
:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain realp erty located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the "Property'); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the ; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed 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 as moreparticularly described on Exhibit C attached
hereto (the "Program Improvements"); said Program Improvements to be paid for by the
County no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the Property; and
the County will enter into a construction contract with
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
the Program is managed y the consultant team consisting of
a 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
e I 1 ors ent Page I of 28
sufficiency of whic are hereby acknowledged, the PropertyOwner and the County
hereby agree as follows:
1. Grant rof ,., Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the County an avigation
easement (the "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and i
hereby of in all respects.
olio Statements. Consistent it the and/or
Federal Aviation Administration Airport Improvement olici s and procedures,
the Program Manager has developedsodas oli Statements uliin
construction and eligibility restrictions. The Property Owner understands that
prescribed ProgramImprovements will be consistent with the Program Policy
Statements provided to the Propertyr by the Program Manager. A oopy of the
Program Policy Statements is attachedhereto i
t of _Proncram Improvements. The County agrees to pay for
the Program I v scribed in Exhibitc e . The Program
Improvements will be approvedby the PropertyOwner and County, a the
Program Manager, and performed by the Contractor.
. „Irn dlnq, Comnetitive Bid s. The Property Owner shall not
impede or interfere it the Contractor's abilityel n approved
manufacturers and subcontractors in the preparation of bidsubmittals. To insure
competitive i nvi t, the Property Owner is prohibitedhaving any
discussion or communication withthe Contractor in relationto the Program, the
contractor's i , or this Agreement until after award of the construction contract by.the
County. Failure of the Property Owner to comply with this provision shall, at the option
f the County in its sole discretion, It in disqualificationfrom the Program and
cancellation of this Agreement.
5. Construction Contract. The Countyill award the contract for the
Program Improvements conit it Federal and County competitivebidding policies
procedures.and The contract will require the Contractor to completethe
Improvements wit i time pedod defined by the Program Manager.
Post-Construction__ oiilitis. The Propertyr shall
meet all-responsibilities and requirementspertaining both pre-construction and post-
construction:
a. Prior to the start of NIP construction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heldoorins, etc.)from their condominium;
( ) Moving of all fumiture andbelongings into the "Designate
Storagepace Arean within the condominium, providing the required "clear " (white
.. �..e _ ............. . ® rt - ....__. �
Noper&Chvner NoiseInsulation Page of 28
space in sketch) for the Contractor. When doing so, the Property Owner will have the
abIII ty to utilize the complete ffloor to ceiling" space.
(3) Removing of all excessive furniture and belongings from the
condominium that will not fit in the "Designated Storage Space Area";
(4) Removing all window and door treatments (such as blinds,
drapes, plardation shuffers, etc.) and storing them in the "Designated Storage Space
Area";
(5) Removing all electronic and dust-sensitive it from their
condominium or, wrapping with protective poly before storing them in the "Designated
Storage Space Area";
(6) Removing all wall hangings (such as mirrors, pictures, hanging
sheI ves, etc.) and storing them in the 'wDesignated Storage Space Area";
(7) Moving all small items' and belongings into either the closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
most all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
(2) Moving of any excessive furniture and belongings back into
the condominium;
(3) -Re-Installation of all wall treatments, door treatments and
waII hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perfomn any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Pmperty Owner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable to the
County and/or Cbntractor for any and all resulting damages and all direct and indirect
costs related thereto.
7. Imoodinq Construction. Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or It
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the construction of the Program
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
..................................
Propeny Oymer Noise Inmiadon Agreement Page 3 of 28
aIt ers the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8.idi Sa f fe Working Environment. The Property Owner shall be responsible
for provng a sae working environment for the Program Manager, Contractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
a. Throughout all phases of design and construction of the Program
improvements, the Property Owner shall be responsible for:
(1) Providing a working environment that is free from potential
health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
kI nd and/or explosives;
(2) Refraining from verbal abuse or profanity;
(3) Refraining from aggressive physical contact; and
(4) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program process may, at the County's discretion, be temporarily
suspended at any time, In such event, the Program Manager shall notify the Property
Owner in writing, stating the corrective action(s) and/or condition(s) required to be
completed or perforrned by the Property Owner prior to the County resuming the
Program process.
c. In the event the Program process is not resumed due to the
Property Owner's failure to complete the corrective action(s) and/or condition(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 and indirect costs related
thereto.
& If the Program process is resumed, the Prop" Owner shall be
liable to the County andlor Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
® Construction Gelay§, During the construction period, the Contractor
may experience un1breseen complications relating 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 time for completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contract or if the Program
Improvements have to be re-bid in the event of lack of bidding contractors and/or failure
of the I responsive, responsible bidder to execute the contract, provide a payment
and performance bond or show proof of required insurance.
® Changes to SgpR_q of Work. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
...............
Prop&V Omer Noise 1wulation Agmement Page 4 of28
sole discretion, at any time during the Program process, providedsuch changes do not
reduce the scope or quality of the Program Improvements cri in _Exhibit Q and
such changes i to byte discovery of hidden conditionsnot readily
detectable during normal property inspection procedures.
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 completedpursuant to the terms
contract. The Program Manager retains sole discretionnauthority on program
conformance issues they relateto the Contractor, subcontractors,
suppliers u is designs. The Property Owner is requestedto attend the
Substantial Completion Inspection and provideinput to the Construction Manager with
respect to the identified punch-list items. In addition, the Property Owner is welcome
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial I ti i I Ins ions, they releaser their ability
provide input to theConstruction Manager with respectto the acceptancethe
Pmjram Improvements. In the event there is a disagreementn the Property
Owner and the Program Manager as to a conformanceor performance issue, the
Property Owner shall be requiredto submit the discrepancyin writing to Monroe County
(represeniative to be defined belbre the I st cti s) within 7 days of the
inspection giving dse to the discrepancy. Monroe Countyshall then make
determination o the acceptabilitythe conformancelperformanceissue y
remedial action that may need to be taken. Monroe CountyII be the final arbiter of
any conformance/performancelissues. Failure by the Property Owner to submit
written complaint w't i ime pedod specified ov shall thereafter foreclose the
Property Owners right to file such complaint.
1 . Termination of Agreement. The Property Owner understands that
the signingof this Agreement initiates t ID and CONSTRUCTIONo
the Program Improvements to be perforrned in accordance withthe Program.
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
impedes theh or of the Program Improvements after the award
of the construction contract, the Property Owner will be liable the County for any and
II damages andII direct and indirect .
1 . Wr_Warranties. Theu o notrepresent or warrant thelevel of
noise reduction that the Properly Owner will experience within the Property as a result
f the Program Improvements perfo of the Program.
a. The County agrees that its contract with the Contractor will include
standard one (1year warranties from the Contractor for all materials and workmanship.
uch one-year warranty period shall commence as of the timethe acceptancethe
work as provided for in Paragraph 9.
the and of construction, the Program Manager will provide
Property Owner with a WarrantyFinal Closeout Package whichill contain copies of
the warranty policies, productinstructions, design documents and legal documents. As
condition receiving my & Final Closeout Package, the Propertyr
��.
..........Noise hmladon
P�roperly Omer 5 of 28
must first submit Ited NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the WarrantyFinal Closeout Package, the PropertyOwner
understands that the warrantypolicies for products used in the construction of the
Program Improvements di r among producta u . In the event of claim, the
Property Owner is solely oil r pursuing all future product r issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly
coordinatequired warTanty service and agrees to look solely to the general
contractor or the productmanufacturer for fulfillment of all warranties andr resolution
of all product or construction warranty issu (s):
(1) The Property Owner's inquiry is not directly relatedto either
construction warranties or product warranties (such cleaning r product
maintenance) regardless of whether the Property is inquiry arises during tone-
year warranty period from the Contractor or thereafter;
( ) The Property Owner believes that warranty service i
required it n ion warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is requiredit
respect to productn issues, the advertised warranty period for the product
not expired, the manufacturer is currently n u in itsbusiness;
( ) The Property Owner believes that service is required with
respect to product warrantyissues, and the advertised warrantyperiod r the product
has expired.
1 . Pre-Existinnefici nci s. The Property Owner will be required t
sin Exhibit D (Deficiency of Harmless t} which will impute II
responsibility liability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Pre-Work Requirements. r will be required
to completen IIrequired y the NIP to successfullyto
the NIP acoustic modifications. t r 111 a rui t _mil a IL
designated - item ilil _their o fun n r the i deadlines
establishedthe NIP. I the event the .__.
Owner falls to complete the
designated Pre-Work items by the establishedI lin , the Property Owner shall
removedbe I participation and the r shall be liable the County
and/or Contractor for any and all resulting damages and all direct and indirect costs
related thereto.
16. City of Key West "Hard-Wiredu Smoke Alarmei nt. I
compliance it the City of Key Westi Il and the City of Keyt Building
Department construction permit Issuance requirements, the Propertyr ill be
requiredto install 1 - It "hard-wired" smoke alarms in their condominium i
PmperV Owner Noise Insulation Agreement Page 6 of 28
accordance with all applicable codes and regulations by the required deadline as
established the NIP. The Property Owner will_,_,_be responsible to ensure that the
smoke alarms are not installed in same areas within the condominium where NIP
modification work will occur, to avoid anymmtil impeftnt the I ion
process. In the event the Property Owner falls to install the designated "hard-wired"
smoke I the established NIPdeadline, the Property Owner shall be removed
from NIP participation.
17. Suspensionof_ProProcess. The Program process may be
temporarily suspended t any time during the designand/or construction phases upon
the discovery f Deficiencies u their potential impact on the Program
Improvements and produ ar ni . The Program processwill not resume until the
OwnerProperty has corrected all related problemsto the satisfaction of the Program
Manager. In the event repairs are not completed in a timely r, the Property
Owner will be liable the County for any and all damages and all direct and indirect
costs due to delayand/or stoppages of the work.
1 . Limitation on Alterationsto the Propert , The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existingwindows, doors and/or walls from the time o
the Design until the construction of the Program Improvements v en
completed. Exceptionsto this rule must b pre-approved in writingy the Program
Manager. Failure to adhereto this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction of
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect associated with unapproved It tins and
damages related thereto.
19. Pre andst- os ion wise Process. post-
construction noise le-idin-gis a very important �, is I t
measure and determinethe actual achieved noise level ion level t treated
properties. If selected the Program Manager for - & post-construction noise
testing, the Property Owner agrees to provideaccess to their property for testing and
agrees to not to make alterations to the interior of their property (with the exceptionf
repairs the time of the prp-ppristructionnolsetest to the lost-
_ ion noise test. In an effort to insure consistent noise datacollection, the
Property Owner also agree'sto preservethe interior layout f furniture, floor coverings
windowand t from the time of the pre-construction noise tot to the go
-
cstr ion noise test., The a r understands t the failuret t
this requirement y l in corruption of the noise in . Therefore, the
OwnerProperty understands they may be liable to the Countyr any direct and indirect
noise testing costs in the event these requirements are not met.
or in. s reasonably requested, theProperty r shall
cooperateit the Contractor, the Program Manager and Monroe County in the
performance all phases of the Program Improvements including, but not limited o,
the removal and reinstallation of rugs, wall hangings andit as necessary.
Propeny Owner Noise Inndation Agmement Page 7 of 28
21. Utilities. The Property Owner shall permit 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.
22. Desion and Bid Process Access. At scheduled times and/or upon
not less than urn 24) hours advance notice (via NIP emaH andlor lefter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and consultants access to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-riolse testing and pre-bid it. In the event the Property Owner falls to
provide access to the Property fbr all required NIP Design and Bid Process visits, the
Property Owner shall be removed frcrn NIP participation.
23. Fre-Construction Access. The Property Owner agrees to provide
access to the .Property forty-eight (48) hours prior to the scheduled start of NIP
construction. This short visit will provide the Program Manager Wth the ability to ensure
that the Property Owner has met all fumiture storage responsibilities. Failure could
result in the suspension of the scheduled NIP 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 costs related thereto.
24. Pre and Post Construction Access. At scheduled times and/or
upon not less than twenty-fbur (24) hours advance notice (via NIP email andlor letter)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, post construction inspections and post-
.construction noise testing. In the event the Property Owner falls to provide access for all
required NIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP participation and the Property Owner shall be liable to the County and/or
Contractor for any and all resulting damages and all direct and indirect costs related
thereto.
25. Construction Period Access. Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will include the required number of calendar days to complete the NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assigned time period. In
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assI gned construction time period, the Property Owner shall be removed from NIP
Prop"Owner Noise Inm1afion Agreement Page 8 of 28
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damagesall direct and indirect I t thereto.
26. Construction Period Extensionu to Hurricanes. Sincethe NIP
construction period will extend into the Key West hurricane season, is potential for
construction delays and/orstoppages, beyond the control of the Contractor, in the event
of a threat of an 'approaching hurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in additionto their
originally as i st ion time period, without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium r all additional calendar days resultingI nst ion work
stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owner falls to provide the required
additional access to their condominium due to hurricane-relatedstoppages, the
Property Owner shall be removedfrom NIPparticipation and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages andall direct
and indirect I thereto.
7. Riscovea o iia_ ficienciDuring Construction. In the
event the Contractor discovers pro-existingdeficiencies at the Property duringthe NIP
construction process that negatively impact the installation of the I improvements,
the Property Owner agrees to immediately repair and remedlate such deficiencies in an
effort to reduce any negativeimpact on the scheduled construction period. The
Owner understands that, depending on the timing'of the pre-existing 0efici pair,
the NIP construction period o be extended, at no fault of the Program
Manager or Contractor.
. Im act of UnforeseenBuilding Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
may arise during the NIPconstruction may have the potential to increase the original
scheduled ti construction, which is not the fault of the Program Manager nor
Contractor. The Property Owner needs to plan r the "worst-casew possibility that the
originally-scheduled con ion completion date may be delayed a few additional days
due to unforeseen buildingconditions that may arisen li t the NIP
construction.
29. Existino Window1 Door Treatments, Shades and Blinds. The
OwnerProperty understands that, after the installation of now NI tic Window
doors, the existingi and/or door treatments, shades and blindsnot be
compatible nor able to be re-Installedto size i the new and
existing windows and doors.
30. Existing Crown Molding., During the installation of the now
acoustic windows and doors, the NIPill be providingreplacement
interior trim sills. The PropertyOwner understands that the NIPla e t trim
will not match custom and/or specialized crown moldingpatternsand/or custom window
and door trim. After the completion of the NIP modifications, the Property Owner will
have the abilityto make modificationsthe NIPinterior trim t their own expense.
_....... ............. __ . ......m.
OwnerProperty Noise Insulation Agreement Page 9 of2
1. Communication Reguirements. The Property Owner agrees t
read and review all NIP emallsand/or letters in a timely fashion which are being
provided the I to ensure schedule c . In the event the Property Owner
falls to meet this requirement, it could result in removal from NIPparticipation.
3 . Title a i a i . The Program Manager has obtainedr V411
obtain, at its sole cost andexpense, an "Abstract Title" to ensure that thepert
title is free from lions and/or title defects.
3 . Cooperation in Clearing Title. Pdor to the commencement f
construction of the Program Improvements, e r shall cooperate with the
County in order t (!) correct any title defects affectingthe Property which are disclosed
by the t f Title" and in the solet in do of the u e a t
invalidate the Easement, and (ii) secure the written consent of any and all mortgage
holders to the Propertyis conveyance of the Easement to the County 11"the
County determines that it is necessary r desirable to do so (collectively, 'Tit/
Matters"). I , prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Mattersi the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal Assurance. As requiredthe Federal Aviation
Administration, the Property Owner agrees to the followingvisions:
. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements son l
be requested the Program Manager and/or Monroe County.
Afterb. final completion of the Program Improvements, rty
Owner shall assume the responsibility for maintenance and operation of the Rams
installed, u h r constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bearsany responsibility for maintenance and operation
these items.
5. Reduction of Fresh Air Infiltration. The Property Owner will be
requiredsin Exhibit E (Ventilation Hold Harmless. t) which imputes ll
responsibility the Property Owner for the proper maintenance of interior moisture and
humidity levels.
. Salvage of Materials & Equipment. If theOwner desires
to retainn of the material or equipment removedfrom the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage f said
materials n ui t directly withthe Contractor at the Property Owners sole risk
and expense. The Countyassumes no responsibility for the conditionof the material,
equipment r surrounding surfaces as a result of the owner-requested saIv . The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and executedocument listing os items to be salvaged. In the absence
Pwpeny Owner Noise Insulation Agreanent Page 10 of2
f such a writtenagreement, all items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
propertythe Contractor.
7. �Prope
gym Insurance. Duringconstruction period, the
Contractor will provide builder's insurance for the Property. The Property Owner
shall have the option, at the Property Owners sole cost andexpense, to maintain
homeowner'sinsurance lic r the duration of the construction of the Program
Improvements. The Property Owner understands that, fbilowing final completion, the
Contractors bull is dsk insurance ill cease, and it is advisable for the Property
Owner to obtain insurance to cover any value a to the Property by the Program.
. TtM1pg and Effects of Construction" -The Property Owner
understands that there is a.chance t construction itself exceed the Contractors
original projected construction time period. The Property Owner also understands that
the construction may involve til inconvenience and could generatesignificant
quantities of dust and debdsrendering portions of the Property uninhabitable for
extendedrio time.
. Labor MaterialRelease. Ownerreleases
forever discharges any and all claims, suits and actions against the Program Manager;
Countythe its officers, employees, consultants; and contractorsn
suppliers it to issues relatingthe conformancelabor, materials and
acoustic designs utilized in the Program Improvements. ti in this paragraph shall
limit the warranties for materials and workmanship contained in the contract withthe
general contractor.
. Salep of Pppjpdy,. In the event the Propertyr sells, convoys or
otherwise transfers title to the Property before the completionf all phase the
process,Program the Propertyr hereby agrees to provide the buyer with
f this Agreement prior to the closing n the sale, conveyance r other transfer, and to
transfer all of the Property Ownersresponsibilities and obligationsunder this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer f
the Property.
1. Waiver. No waiver of, acquiescencei , or consent to any breach of
any term, covenant or condition hereof shall be construed , or constitute, a waiver of,
acquiescence in, or consent to anyother, further or succeeding breach f the same or
any other term, covenant or condition hereof.
. Release of Easement. In the event that this Agreement i
cancelled r the County determinesthat the Easement should be released ,
the Property Owner, upon written request by the County, shall pay to the County
sum f One Hundred Dollars ( 1 ) to cover the costs of the preparation and
recordingof the el f Easement document in the publicof Monroe
County, Florida. PropertyOwner understands that it is the Property is
responsibility o insure such payment is made in order t "clear" the title to the Property.
.........._.....
_ ___-
OwnerPropeny oise Imuladon Agreement Page 11 of 28
43. Authority Execute l ___ y Resolution No. 111-
, duly motioned and passed at a lawfully n public meeting, the Board of
County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full
authority for the County Administrator to executethis Agreement on behalfof the
Countyitot further action by the BoardCounty Commissioners.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit Policy Statements.
b. Exhibit : Legal.Description of Property
c. Exhibit : Program Improvements.
d. Exhibit : Deficiency Holdless Agreement
e. Exhibit s Ventilation Hold Harmless Agreement
5. General Conditions.
a. Governing....Law, Venue, Interpretation,_ e .
(1) This Agreement shall be governedconstrued in
accordance i Laws of the State of Floridap li I to contractsn to be
performedentirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County n ner agree that venue ill lie in the appropriatecourt or before
the appropriate administrativebody in Monroe County, Florida.
( ) The County and Property Owner agree that, in the event o
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 any other
administrative r legal proceeding.
( ) The CountyProperty r agree that in the event any
causeion or administrative proceedingis initiated r defended y any party
relative to theior interpretation of this t, the prevailingII
be entitled to reasonable ' fees, court costs,' investigative, and out-of-pocket
expenses, as n award against the non-prevailing i ti proceedings
initiated and 'conducted pursuant to this Agreement shall be in accordance withthe
Floridal s of Civil Procedure andusual and customary c i the
circuit court of MonroeCounty.
. B Binding _ e . The terms, covenants, conditions, and provisions o
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
..... _.... _ ............ ,. .... _
Propenyr Noise Imulation Agreement Page 12 of 28
c. uu ilia If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or ) shall be declared
invalid or unenforceable to any extent by a courttent judsdiction, the remaining
terms, v n conditions visions of this n shall not be affected
thereby; and each remainingterm, covenant, condition vision of this Agreement
shall be valid and shall be enforceable to.the fullest extent permitted by law unlessthe
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent h lis t of the original intent of this Agreement.
. t d. c arty s n r t other that the
execution, deliveryperformance_ this Agreement have been duly authorized by all
necessaryoun Owner action, as may be required by law.
e. 'Duration of ent. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County andshall remain in effect for a periodl ui to effect the
Program Improvements (the a '), except as may be sooner terminated i
accordancei the provisions of this Agreement.
f. Acceptance of GLIfts, nAssistancea Funds., r , q The
County a n r agree that each shall be, and is, empowered r
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposesthis Agreement.
g. Claims for Federal or State Aid. The Countyn e Owner
agree that each shall be, and is, empowered o apply for, seek, and obtain federal and
state funs to further the purpose of this Agreement; provided that all applications,
requests, o ls, and funding solicitations the Property Owner shall be
approvedthe County prior to submission.
. Adjudication ofigut or QlsqqMejments. The Countyand
Property Owner agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue r issues are still not resolved to the satisfaction of the parties, then any
party shall have the right such relief or remedy as may be provided by this
Agreement or by Floridalaw.
!. Nondiscrimination. The County and Property Owner agree that
there ill be no discrimination against any , and it is expressly oo that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates wit out any further action on the part
of any party, effectiveh t the court order. The County and PropertyOwner
complyagree to it II Federal and Floridastatutes, and all local ordinances,
applicable, I tin to nondiscrimination. These include not limited t : (1) Title
I of the Civil Rights Act of 1 ( .L: 5 ) which prohibits discrimination on the
basis of race, color or national origin'; ( ) Section 504 of the Rehabilitation Act of 1973,
s amended ( U.S.C. s. ), which prohibits discriminationon the basis of handicap-,
( ) The Age Discrimination1975, as amended 101- 10 ), which
__... __.. ..............._.......
Owner Noise hmiation Agrement Page 13 of 28
prohibits 1 rin l tl the basisf Treatment
Act of 1972 m relating to nond i !nation the basis of
Comprehensivedrug abuse; (5) The I Abuse And AlcoholismPrevention,
Treatment and Rehabilitation , relating to
nondiscrimination on the I f alcohol abuse or alcoholism, (6) The Public Health
Service Act f 1912, ss. 523 and 527, U.S.C. -3), as amended,
relating to confidentialityf alcohol and drug abuse patient records; (7) The Arnericaris
With Disabilitiesf m from time t
time, relatingto nondiscrimination the basisf disability; Florida I m1 Rights
Act f (Chapter 760, Ronde Statutes, I I ' Statutes),
may be amended from time to time, 1 tl to nondiscdmination;
County r'r Rights Ordinancet 11 Ill Sections 13-101 -through
a as may be amended from timeto time, relatingto nondiscrimination; an
any other nondiscrimination provisionsin federal or statet local
ordinances which may applyto the partiesto, or the subject matter of, this Agreement.
, Cooperafign. 1 the event any administrativer legal proceeding is
instituted again 1t r party relating to the. formation, ti , performance, or,
breach f this Agreement, the r r agree to participate, t the
requiredextent the other , in all proceedings, headngs, meetings,
and other activities related to the substancethis t or provisionf the
services under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be requiredto enter1t rr arbitration proceedings
related to thisAgreement or any Attachment or Addendum to this .
k. Books. Records, and Documents. r
shall maintain books, records, nd documents directly pertinent to performance under
this in accordance withl1 taccounting principles
consistently applied. Each party to this r r their authorized representatives
shall have reasonabletimely to such records of each other party to this
Agreement fbr audit purposes duringthe tenn of the Agreement and for four years
following the termination f this t,
1. Covenant of No Interest. and Property Owner
covenant that neithert interest, and shall not acquire any interest,
which1 conflict in any manner or degree with its performancer this
Agreement, n that only interest f each is to perform and receivefitrecited
in this n t.
m. Code of Ethics. The Countythat the officers
employeesf the County recognizeill be requiredto complywith the standards
conduct relating to public -officers 1 delineated in I 112.313,
Florida tut , regarding, t not limited t , solicitation or acceptance of gifts, doing
businessi ricy; unauthodzed compensation; rnisuse of public position,
conflicting 1 t or contractual relationship; disclosure r use of certain
information.
.—.._-..� ... _« .__..._ ... _.__.Y._..... ...._._
Jpfflperty Owner o' e' I ti t Page 14oft
SolicitatlopLPayThe uty and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bonafide employee working solelyr it, to solicitor secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
r firm, other than a bona fide employee isolely for i , any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of thisAgreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this i out
liability n its discretion, to offset from moniesowed, or otherwise v r, the full
amountsuch fee, commission, percentage, gift, or consideration.
o. lic Access. The Countyr shall allow
permitIe access to, and inspection of, all documents, papers, letters, or other
materials subject o the provisionster 119, Florida Statutes, r
received y the County andr in conjunction with this Agreement; and the
County II have the right to unilaterally cancel this Agreement upon violation this
provision by the Property Owner. Public Records Compliance. r must
complyitFloridau lic records laws, including not limited to Chapter 119, Florida
Statutes and Section 24 of articleI of the Constitutionof Florida. The County and
Property Owner shall allow andi le access to, and inspection of, all
documents, s, papers, letters or other "public c materials in its possession
or under its control subject the visions of Chapter 119, Floridatutand made
or received by the County and Property Owner in conjunction with this contract
relatedntract performance. The County shall have the right to unilaterally c I
this t upon Violation of this provision by the r. Failure of the
Property Owner to abidey the terms of thisvision shall be deemedmaterial
breach of this contract andthe County may enforce the termsf this provision in the
form of a court proceedingn II, as a prevailingentitled to reimbursement
f all attorneys fees and costs associatedi that proceeding. This provision shall
survive any.termination or expiration of the contract.
The Property Owner is encouraged to consultit its advisors about
Floridalic Records Law in order to complywith this provision.
Pursuilint to F.S. 119.0701 and the terms and conditionsthis
contract, rty Owner is required t :
(1) Keep and maintain public records that would be requiredthe
County to perform the service.
( ) Upon receipth n s custodian of records, proAdethe
County i the requested records or allow the records to be inspected or
copied within n I time that does not exceed the cost provided in this
chapter or as otherwise providedlaw.
( ) Ensure thatpublic that are exemptor confidential and
exempt from public records disclosurei not disclosed
_...... .......... _... _... _... ...._...._
Property Oymer Noise Insulation t Page 1
authorizedlaw for the duration the contract follovAng completion
contractthe Propertynot tr r the records tD the County.
completion the contract, tr r, at no cost, t the
Countyl1 public records in possession of the Property Owner or keep and maintain
public records that would be requiredthe to perform the service. Ift
Property ner transfers all public records to the County upon completionf the
contract, the Property Owner shall destroy any duplicatelip records that are exempt
r confidential and exempt from publicdisclosure it t . If the Property
Owner keeps and maintainspublic completion of the tr , the
OwnerProperty shall meet all applicable requirementsfor retaining public records. All
storedrecords 1 I ll t be providedto the County, upon request from the
custodian f records, in a format that is compatible vWth the information
technology t the County.
request to inspect or copy publicrelating to a County
contract must be made directlyto the County, but If the Countyt possess the
requestedrecords, the shall immediately notify the Property Owner oft
request, and the Property Owner.must provide the records to the County or allow
records to be inspected or copied withini time.
If the Property Owner has questionsI the applicationf
Chapt r 119, Florida Statutes, t the Property Owner'sto providepublic
relating to this , contact the Custodian f Public Records, Bdan Bradleyt
.
p. Non-Waiver of l lt . Notwithstanding the provisionsf Sec.
768.28, Florida t t , the participation of the CountyOwner in this
Agreement and the acquisitionf My commercial liability insurance coverage,
self-
insurance rlocal governmentll Ili insurance 1 coverage shall not be
deemed a waiver of immunity by the Courdy to the extent of liability , nor shall
contractany nit Into the Countyl to containprovision for waiver.
q. Privilege Immunities. ll of the privilegesand immuriffies from
liability, exemptions from laws, ordinances, and rules; I lief, disability,
workers' compensation, and other benefits whichl to the activity of officers, agents,
volunteers, r employees of the County, when performingit respective functions
under this itl the territorial lirnits oft 11 apply to the same
degree and rat to the performance of such functions tl f such officers,
agents, volunteers, or employees outsidethe territorial limits f the County.
r. I 11 ti_r i iliti -D 1 ti f
Constitutional or t l ! hi t 1 it r t , r shall It be
construed , relieving any partI l tip ti from anyll ti rr or responsibility
imposed upon the entitylaw except to the extent of actual and timely
thereof by any other participating entity, in I the performance may be offered
in satisfactionof the li tip or responsibility. Further, tl Agreement is intended
t , nor shall It be construed , authorizing the delegationf the constitutional or
statutoryf the County, except to the extent permitted by the Floridatit ti ,
OwnerNopeHy f se Inmladon Agreement Page 16 of 28
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim 'or entitlement to or benefit of any service or program
contempI ated hereunder, and the County and Property Owner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t. Attestations., The Property Owner agrees to execute such
documents as the County may reasonably require in the performance of the obligations
and duties of the County or Property Owner under this Agreement.
u. No Personal Li ilia . No covenant or agreement contained herein
shaII be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe-County in his or her individual capacity, and no member, officer,
agent ore ly ounty shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
v. Execution in Counte.FpArtp. This Agreement may be executed in
any number of counterparts,,each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
w. Section Headings. Section headings have been inserted in this
Agreement as a matter of oonvenien of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
Peopeny Omer of Insulation Agreement Page 17 of28
IN WITNESS , the Property Owner and the County have
executed thiset as of the day andr first above written.
_._......... ..................................
Ir ' : PROPERTY OWNER:
t
Signature
a
Signature I
� I
Printed Name
Ki ak'Pi
...........
„ Date
WITNESSES: PROPERTY OWNER:
SignatureSignature
_e
,m
I
Printed Name ___ _
B
Pdn Name aF
c f'
....--� ..—
Signature
ate
PdrrW Nameco
;._. ...
-- ........................ _ ................
®c OF COUNTYCOMMISSIONERS:
I .- MAYOR]CHAIRMAN:
Att6>, ; F Sylvia 3. Murphy
XEWN-MADOK, CLERK
r '
N
By:
9
y: ......
kf Deputy Clerk Signature
R
1
E ,
Itdr. ,
U , A7TOF11YEV F 5
_� .. .. _..._ . .._...._..._ ......... .... �
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_
OwnerProperty Noise Insulation Agreement ° . La e lS o
1. Gwk.k�6 & C ryd',N �........� P.
PROGRAM POLICY STATEMENTS
Exhibit
NoiseTo
Property Owner I i t
A. Air Conditioning: General Restrictions. While providingnew ductless "mini-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining maximum height of 48
inches.
. All condensate lines will be installed on the building exterior consistent with KWBTS
Boardoli rules to ensure the -highest level of consistency and building
architectural aesthetics.
4. All Interior AC lines (refterant, condensate, alechicao and Energy Recovery
Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters which
will be constructedto match the quality of existing. walls. The number and locations
of the new vertical wall and comer pilasters ill differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determined by the Program Manager to be
deficient will be replacedy the Program as a part of the Noise Insulation Program
modifications.
B. Window Ill Replacement. Due to the presence of asbestos, the NIP will provide a
new custom wood surround and sill instead of the existing gypsum board surround. 0
to this revised plan, existing custom sills (marble, granite, d) will not be replaced.
This revision will be an Improvement, while decreasingconstriction costs and improving
time efficiencles.
C. Custom Crown Moldinq and Baseboards Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as odginallyassumed), which will not
allow sufficient time for the awarded ene I contractor to secure custom matched
replacement trim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing woodtrim flush to the face of the new pilaster or
thru wall c-infill. At new pilaster locations and, if the thru wall ac i fill abuts the existing
baseboards, the contractor will install a stands ( " x 5-112� painted wood trim to
abut the existing trim, rather than attempting to match the existing custom trim files
and materials. After the completion of the NIP construction, the property owner will
Exhibit A-Proper&Gvmer Noise Insulation t Page 19 of 28
have the option to replacethe installed trim with other custom trim to match the existing
materials and profiles.
D. r Threshold .__ _ . Due to stringent Florida hurricane impact andr
infiltration it in es, all new aluminumacoustical prime'entry swinging doors and
sliding glass patio doors ill have thresholds that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds ei n to
provide optimum to ion to the interior of a condominium from water infiltration during
hurricane.
E. KWBTS Asbestos Testing,
s required by state and federal requirements, THC conducted asbestostesting n all
participating ndo iniu in Buildings A, B and C during the November 2017
to April 2018 timeperiod. This testing included collecting to 9 samplestech
condominium to include sum board joint pound, window glazing, n exterior
windowndoor caulking. In addition, random rior stucco samplesIle
on both t al y" and " 1 balconym buildingelevations.
Dependingon the laboratory anaI i these samples, the presence of asbestos
containing materials ) have the potential to impact several areas of the I
construction process to include:
window removal and acoustic window installation,
door removal and acousticdoor installation,
oval of portable "through-wall" AC units and the infilling of openings,
ceiling cuts required for installation of the ductless AC,
II cuts required r the installation of the I ,
construction of vertical ll pilasters requiredfor installation of the ductless
systemAC ,
construction of closet soffit for installation of the ERV.
AbatementF. Asbestos Reguil,rements.
In the event any samplesshow c s s containing material (ACM), the
awardedI contractor will be requiredto perform the followingt
requirements during construction:
If samples show a presence of ACM < 1%
The NIP contractor will be required to comply withr safety requirements t
include r respirators, l curtains in all areas where the surfacesare disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
/or sanded.
—..�..._ . -------
.................... .... ... ... .
it - I lt' n t 2
If samples show a gregom of ACM >1 0/b
The NIP contractor will be required to perform full asbestos abaternent procedures as
directed by the Environmental Protection Agency (EPA)to Include:
- Construction of ACM containment barTiers in all areas (walls, ceilings, closets,
windowaldoors), approximately 4 feet from all walls and areas Impacted by
the NIP modifications.
- Abatement 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 nrews.
- 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 restrilctions which
are outlined below.
H. KWBTS BOARD Authority; ofDasign Decisions. The KWBTS Board will have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door for and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-Splif AC System Installation Requirements
5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
-------- ..............
Exhibit A-Property Owner Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION
Exhibit
T
NoiseHomeowner I iAgreement
Condominium Unit '- , CORAL BAY GARDENST 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
7 , as amended from time to time, of the Public Records of Monroe County, Florida.
_.._......_ ®._. .............. ..._........
........
Exhibit B-Propeny er Noise.1mulation Agreement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
Includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
0 Architectural Drawings
& Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical,Swinging Prime Door(s)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
............ -—---------------
Exhibit C-Propeny Owner Noise lnmktion Agreement Page 23 of 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit P
To
Property Owner Noise Insulation Agreement
1 In partial consideration of the compensation to be paid on behalf of the
County and the Program for tl,-ie Program Improvements to be made to the Property
descdbed in the Agreement of even date herewith (the "Agreemenf) between the County
and Property Owner and to which this Ekh1bft Q is attached, the undersighed, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, fbrever 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 acoount of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractrips to be
legally liable.
2. The Property Owner understands and.assumes frill responsibift for. the
Deflclencles present in the Property, whether visible to the Program Manager or unseen.
3. The Property Omer understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code Aolations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager Wil classify the observed Deficiencies as elther"Minor" or wSevere".
5. The Property Owner assumes full responsibility fbr the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified during the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements. In the rare event that "Severew Deficiencies
are uncovered dudng the construction period, the Property Owner agrees to complete
.....................
Exhibit D-Propeny Omer Noise Inmiation Agreement Page 24 of18
necessary repalm to the Property, to the f the m Manager t
minimize any delay or stoppages of work.
a The undeWgned acknowledge and agree that all of the release and hod
harmless
indemnity W � � tfm � � 't fit' i r 1 � f thism l t
damages arising from the Deficlenciesfog all
negative Impacts that W It after the addition of the Program Improvements. The
provisionsthisExhibit shall i t termination or tt f tProperty
Owner hlo�se Insulation t.
B. T he undersigned hereby agree that the terms and provisions of this Exhibit
shall be binding , and inure to the benefit of the undersigned their respective
'�e�rs, personal representatives,, .
WITNEiSEJ
PROPERTY OWNE'�:
Sig
n
Signature
g� t
Printed Name
PrintedName
bite
iriaftr � �,
n Name
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WITNESSES-
Signature
Signature
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Printed Name
Signature
Date
Printed Name
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WITNESSES: PROPERTY OWNER:
Signaturew Signature
A
i
rin Name
kn6i Name
Signature
Data
Printed Name
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Exhibit D-Property Owner Aloise Insulation a ent Page 25 of 28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
f 6 In ! I consideration of the -compensation !
County and the Program i r ! t t
he Prop"
described Agreement feven
herewith
6 t €0 Agreement")
Ownerand Property the
and to which thi 'Exhibit E is s attached, undersigned,
behalf of and
the undersigned €pp@@€d the heirs, personal representatives, successors,
undersigned,assigns of the forever releases, remises, discharges, indemnities
covenantsnot to , institute c! !ms agai r institute any proceedingsi the
r any of its t , officers, employees, consultants and/or contractors
concerningll claims, demands, damages, actions or causes of action
whatsoever ! t t of bodily Injuries or death, damage to the
property and the consequences thereof, and any f the foregoingwhich
undersignedthe their respective heirs, personal representatives, successors and
ass "Deficiencies")
i connection ti! ! iagainst
said f its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the additionf acoustical
%Mndowa and doors, removal and infilling of "through-wall" portable air conditioner units
and the addition f a replacementI f ! im l it conditioning system.
these modificationswill It in a tighter Interior environment due to the eliminationf
all passive ! !de / outside air ! that was naturallyoccurringin all openings,
Program ill also include iti ventilation iwhich
' l provide an adequatef inside / outsideit to the condominium
requiredit i .
Given3. tightened interior environment of the treated l i , the
OwnerProperty agrees to assume full responsibility for the proper operation of the now
Programtless AC system and energy recovery ventilationit to avoid
potential r mold and moistureproblems, especially during
condominium is closeduninhabited.
® Due to FAA eligibilitylimitations, it providing
bathroomt fan treatments, Since bathroomr showers are a source of
moisture generationin the interior environment of a condominium, t
agrees to assume full responsibility far ensuring that all bathrooms have an operable
bathroomting bathroom moistureto the r
of the building. It should alsot t the odginal KWBTS condominiums
constructeditsmall wall vent that was designedto allowthe passive
1.1.. _......_.m_... __.._.. .......... e...� .......
Exhibit - o' t o ent Page 26 of 2
bathroomI t in a central building6 During the Program design
survey process it was discoveredthe KWBTS buildingslack a solidI building
exhaust shaft. Due to thiscondition, these original wallstillpresent)
have the potentialt r unwanted air, r gases into the
condominium Interior. The Property Owner agrees to assume full responsibility for the
sealing original i! vents in-all bathrooms and for any and all negative impacts that
may It If left untreated.
° Itl Ibuilding Violation to duct laundry dryer exhaustt
KWBTS tl exhaust shaft. In the event a Property Owner has incorrectly
their laundry dryer vent to the KWBTS centralbuilding t shafts, they agree t
correct this Iexhausting their laundry dryer in
alternative t that meets currentbuilding t their cost before the initiation of
the Program construction , the Property Owner agrees to assume
any and all liability i t to the Improper ducting of their laundry
® The Property Owner understands thatt Improvements III not
kitchenaddress ilti r excessive interior humiditylevels
generatedr within the Interior of the condominium.
Owner understands and assumes full responsibility for maintenance ofinterior moisture
and humidity levels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence r worsening of moisture problems and/orinterior humidity
levels in t . In addition, the Property Owner agrees to assume full
responsibility r the maintenanceoperation f the NIPventing modifications
completion f the Program Improvements.
undersigned7 The that all of the release, i
harmless and indemnity li t forth in Paragraph 1 oftiapply to
injuries, deaths, or damages sustainedin connectionr as a result of any and all
interior ventilation deficienciesarisingr the additionthe Program Improvements
including, t not limited t , high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation. i i f this Exhibit E shall survive the termination r expiration
the Property Owner Noise Insulation to
® The undersignedthat t t -provisions i
Exhibit E I be bindingr to the benefit of the undersignedtheir
respectiveI representatives, successors and assigns.
a nPROPERTY OWN
Signature -'�Lz
g
Printed Name
HOW
Prinbid Name
uuuuuuuuw ��u ����uu�_ � u� �avuvuu _� .,,.�uuuu w. w .� p._ __
Exhibit t t
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i
Signature _ _... _.�,.
Signature
Prin ame
y
Orinted Name
I na
i
Date _
Printed Name
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OWNER:WITNESSES: PROPERTY
i
Signature
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Signature
Printed
rin Name
Signature
Date
printed Name
.Exhibit -Prope er Noise Insulation Agreement Page 28 o2