09/18/2019 Agreement/Easement-C301 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
Heather® . F
NIP Assistantj ct Manager ReWTdc"21t2W-011:20AM Pgplof4
THC, Inc.
710 Daculeit 1 Stapp
Dacula, GA 30019Filed and Recorded in Offidal Records of
AVIGATION EASEMENT
InternationalKeY West i
NoiseInsulation
THIS is entered into this of
20 , by" ", hereinafter referred to a s Property Owner," in fa r of
the COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and
corporate, hereinafter fe to a ."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain realp p ("theProperty")
located in Monroe County, Florida, more particularly described as follows:
Unit No. 301- , 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 Book59, Page 370, as amended from time to time, and the
Condominium Plans as recordedin Graphics Book 1, of the Public Records of Monroe County,
Florida.
also identified as street address: '12601 S. Roosevelt Blvd., Unk C301"
B. The BOCC is the owner and operator of Key WestInternational Airport("the Airport")and
desires to make properties that, through interior noise exposure testing, are determined
incompatible as a resultf their exposure to aircraft noise compatiblefor residential
purposes through the implementation of a NoiseInsulation Program ("NIP").
C. Under the NIP, the Airport will design andinstall or pay for the installation of
improvements and modifications to the PropertyOwner's Property necessaryto reduce
interior noise levels t least 5 dB and to bring the average interior noise level below 45
dB in accordance with 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 presciriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding f 'the United States Government
pursuant to the Airport and Airway Improvement of 1982, and will include funding
from the BOCC, acting in its capacity the owner and operator of the Airport.
E. The Property Owner desires to participate in the I n has entered into a Property
.... _ ...
Key t International Airport NIP-Avl n Ea_ m t(unit _.0_.1) ._� ,.�......e 1 of 4
Owner Noise Insulation n i the BOM The BOCC's implementation
NIP will benefit the Property Ownerandthe Property by providing certain remedial sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reducion in DNL indoor noise levels of at least 5 dB and bringthe average
interior noise level to in accordancei I Aviation Administration
policy.
F. The Property Owner fully understands thath IP eligibility coul change
time, is currently s the 2013Existing Condition ois
acceptedy the Federal Aviation Administration (1h ") on December 19, 2013.
G. The NIP will be administeredin accordance withhe current F r 5100.38, Airport
Improvement .
H. It is the purpose of this Easement Agreementto grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to the Subject
Property through the NIP,the receipte hic is hereby acknowledgedt
parties, n in considerationn incorporation into this Avigation Easement of the recitals
set forth above, Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its helm, i s and all
successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors and assigns, a perpetual avigation easement over the property. The use
of the II include right to generate and emit noise n use other
effects as may be associatedwith i f aircraft over or in the vicinity of the
property. This Easement shall apply to all such aircraftactivity t the Airport, r
future, in whatever form or type, during operation at, on, to or from the Airport, and it being
the intent of the partiesthat all such Airport activityII be deemed to be included
thin the purviewf this Easement.
2. This EasementII be perpetual in natureshall bind and run withtitle to the
property and II run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
. The Property Owner on behalf of theOwner, its heirs, sins and successors
in interest, does hereby release the BOCC, and any and all related parties of the BOCC,
including t not limited i , servants,
employeeslessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of eve kindr nature for which the
Owner r its helm, assigns, or successors currently v , have in the past possessed,
or will in the futurepossess, as a result of Airportoperations r aircraft activities and
not levels reI r generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including not limited to damage to the above-mentioned
property r contiguous a to noise, and other effects of the operation of the
Airport or of aircraftlanding or taking off at the Airport.
..... _........ ..............
Key West International Airport NIP—Avigation Easement(UnR 1) _ Page 2 of 4—
. This Easement expressly excludes and reserves to theProperty r and to the
Property Owner's irs, assigns and successorsin interest, claims, demands,
damages, debts, liabilities, cost , ' or expert's fee, or causes of action for
physical damage.or personal injury n i r part of any aircraftusing
the Easement that does identifiable physis I damage to the propertyor injury to a person
on the property by cominginto direct physical contact withthe property or the person on
the property.
5. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforce any of the provisionsi r protect its interest in anyr
arising under this a n , or to recover damages by reason of anyalleged o
any vision of this t, the prevailingII be entitledto all costs,
damages and expensesincurred including, not limited t , costs
incurred in connection therewith, including lit ion.
provision oft is Agreement is to be interpreted for or against any party because that
party or th p y's legal representative draftedc vision. This Agreement shall be
interpreted i o the laws of the State of Florida.
7 No breach of anyvision of this Agreement may be waivedunless in writing. Waiver of
any one breachof any provision of this Agreement shall not be deemed to be a waiver
f any other breach of the r any other provision of this Agreement. This
may be amended only by writteninstrument cparties in interest at the
time the modification. In the event that any one or more covenant, condition or
provision contained hereinis hold inv li i r illegal y court fcompetent
jurisdiction, the II e severable remainder of this Agreement
and shall in no way affect, impair or invalidate any ot r provision long as the
remaining visions do not materially alter the rights and obligationsparties. I
such condition, covenant or other provision shall be deemed invalid o this scope or
breadth, such covenant, condition r other provision shall be deemedvalid the extent
of the scope r breadth permitted by law.
8. In the event the Airport shall be subdivided into m o than one parcel, or the i or
portion thereof becomes subjectto operation, management or administration y a party
in additionr in lieu of the BOCC, then and in that v the parties agree that same
shall not terminate or otherwise this Agreement so long as a portion of the Airport
continues to operate for standard airport flight purposes, and that any such successor
in interest-to the BOCC shall be entitledto all of the benefits running to the BOCC
hereunder.
9. The Property .Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingtin nsound attenuation t ri I equipment
installed in the Property by or on behalf of the BOCC.
.....
Key West InternatIonal Arport NIP—Avigsdon Easement(Unit 301) Page 3 cf
This Easement Agreementi first written.
_ ..._. .......PROPERTY OWNER: PROKRTY OWNER:
Signature I natiu a
tea..
�
Printed Name PrintedName
i
Date Date
COUNTY OF
The foregoing instrument was acknoWedgedbefore me this UU, da,cf n.
q
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Propaq° er am a
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:_ . s �,� �� l..a y ionMAR
� Public Sig to Ej-7
COUNTYMONROE F COUNTY COMMISSIONERS:
MAY :
Printed Name 'Y
RJ 4`
r
Signature
Printed Name
STATE OF FLORIDA
COUNTYF MONROE
The foregoing Instrument was acknowledged before me this day of
Y
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
_r. __v. . ...._.. Commission i
NotaryPullc lgntu
I
MONOOE Lowe
V
e
r g........
Key West Intemadonal AlrWrt NIP-Avlgation Easement(Unit#C301) �§ �, of 4
sett �,
' o.: C301
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNAT10NAL AiRpoRT, 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 Owner").
I T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain realp perty 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 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 of Insulation Program (the "Program") and, as .part of the
Program, the Property ner has elected obtain acoustical treatments and
improvementsto the o particularly described on Exhibit Q attached
h (the uProgram 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 the ; and
WHEREAS, the County will enter into a construction contract with
general contractor (the wont ctor") to provide the installation of the Program
Improvements; and
WHEREA , the Program is managed the consultant team consisting of
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;
THEREFORE, in consideration of the . terms, covenants and
conditions set lbrth herein, and other good and valuable consideration, the recelprt and
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Owner ' e l do Agreement e I of 28
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed arid 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 is
hereby ratified in all-respects.
2. Prog,ram Policy Statements. Consistent with the Program arid/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed a series of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescdbed Program Improvements will be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
3. Paymerit of Pmgrarn Improvements. The County agrees to pay for
the Program Improvements descdbed in Exhibit Q attached hereto. The Program
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and perflormed by the Contractor.
4. Inippd!M.,�q The Property Owner shall riot
Impede or interfere with the Contractor's ability to select between approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibited from having any
discussion or communication with the Contractor in relation to the Program, the
contractors bid, or this Agreement it after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the County in its sole discretion, result in disqualification from the Progrprri and
cancellation of this Abreernent.
5. Construction Contract. The County will award the contract for the
Program Improvements consistent with Federal and County competitive bidding policies
and procedures. The contract will require the Contractor to complete the Program
Improvements within a time pedod defined by the Program Manager.
Post-Construction Responsibilities. The Property Owner shall
meet all respons! l ffies and requirements pertaining to both pre-construction and post-
constructiom,
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, coins, guns,
antiques, heldooms, etc.) from their condominium;
(2) Moving of all furrilture and belongings into the "Designated
Storage Space Area" within the condominium, providing the required "clear area" (white
—--------------------------------------------------
Prop"Omer Noise Inniation Agmement Page 2 of28
space in sketch) for the Contractor. When doing , the Property Owner will have the
ability to utilizethe complete r to ceiling" space.
( ) Removing of all excessive furniturebelongings the
condominium that will not fit in i ";
( ) Removing all window anddoor treatments (such as blinds,
plantation u etc.) storingt i t "Designated tSpace
Area".
( ) Removing all electronic and dust-sensitive items from their
condominium r wrapping withprotective poly before storingthem in thesin
SpaceStorage ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, c.) and storing them in the "Designated St ";
( ) Moving all small items and belongings into either the closets or
bathroomstli in "Designated t ch"
Afterb. completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated " back to their original positions in the condominium:
( ) Moving of anyexcessive furniture to ins back into
the condominium;
( ) Re-installation of aII wall treatments, oor treatments n
II hangings backo their original positions in thecondominium.
c. In the v the Property r falls to performII of the
above Pre-Construction responsibilities, the Property Owner shall be removedfrom NIP
participation n the Property Owner shall be liable to the Countyand/or Contractor for
y and all resulting damages and all direct and indirect I .
d. In the vent the Property Owner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable
Countyfor Contractor for any and all resulting damages and all direct and indirect
costs relatedthereto.
. I i Construction. Once construction of the Program
Improvements i , the Propertyr shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property duringthe construction of the Program
Improvements from impeding construction or altering construction schedules. In the
event r or any tenant occupyingthe Property impedes construction or
..... ............. ®. ....... - _.................
NoiseP�vpeny Owner l n Agreement Page 3 of 28
afters the construction schedule, the Property Owner shall be liable to the Contractor
and the Countyfor any damagesn ll direct and Indirect l thereto.
8. Safe Working i t. The Property Owner shall be responsible
r providing a safe workingm rmm ant for the Programr, Contractor,
subcontractors, suppliers, andCity, County, State and federal inspectors.
a. Throughout all phases of designand t ion of the Program
Improvements, the Property Owner shall be responsible for:
Providing imp environment that is free from potential
health daks, Wohazard conditions, hazardous chemicals, obstacles, weapons
kipand/or explosives;
(2) RefroWng from verbal abuse or profanity;
Refraining r i sipcontact;
Insudng that all petsre completely securednt imp .
. In the event the PropertyOwner falls to meet any of the foregoing
conditions, the r may, t the t 's Wscretion, be temporaffly
suspended t any time. In such event, the Program Manager shall nofify the Property
Owner in wdUng, stating the correctiverm and/or rm tamrequired to be
completedr performed by the Property Owner prior to the Countyresuming the
process.Program
. In the event the m is not resumed due to the
Property Owner's ears to complete the i ti ( and/or ndifl rm
required by the n e rW the PropertyOwner shall be liable to the County
and/or Contractor for any and all damages anddirect and indirect l t
thereto.
the Program process is resumed, the rod mar shall
liable to the Countyr Contractor for any andall damages and all direct andindirect
costs related r caused by the temporary perm mm of the ProgramW
9. Construction ass During the construction , the Contractor
may experience m complications tions Wabng to the instaHatlon of the Program
Improvements. The construction contract shall provide that delays related to these
unforeseen pli ti me n the control of the Contractor and shaH be excused
so t the time for completion may reasonablya tr impschedules
may mso be revised it there is a dMay in awardingf the contract or If the Program
Improvements have t in the t of lack of bidding contractors r failure
of the lowest responsive, responsible bidder to executethe contract, provide a payment
and performance bondr show proof of requiredinsurance.
mm t . The ProgramManager reserves the right
to make changes to the plans and spectficabonsand the ProgramImprovements, t it
.......................................................®... _ .
P�rqpen,y Owner Noise.1mulation Agmement Page 4 of 28
sole discretion, at any time'dudng the Program process, provided such changes do not
duce the scope or quality of the Program Improvements descri in Eghlbit
such changes are necessitatedthe discovery of hidden conditions not readily
detectable ri I property inspection procedures.
11. AgWtance ofrr„Work. Upon completionf the Program Improvements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to determineif they were completedt to the terms of the
contract. The Program Manager retains solediscretion and authority on program
conformance rf issues as they relate to the Contractor, subcontractors,
suppliers acoustic designs. The Property Owner is requestedto attendthe
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 t
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial letion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respectthe acceptanceof the
Program Improvements. In the event there is a disagreementthe Property
Owner and the Manager as to a conformance or performance issue, the
Property Owner shall be requiredto submitthe discrepancy in wdtingto Monroe County
(representative to bs deflned bekm the NIP constructions) within 7 days of the
inspection giving rise to the discrepancy. County II then make a
determination as to the acceptability of the conformance/performance conformance/performance issue and any
remedial ion that may need to be taken. Monroe County shall be the final arbiter of
any 1 ii sues. Failure by the Property r to submit the
written complaint within the time pedod specifiedv shall thereafter foreclose the
Property Owners right dght to file such complaint.
12. TerminationOwner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTIONf
the Program Improvements to be performed in accordance withthe Program.
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
impedes the progress of the performance of the Program Improvements after the
of the construction contract, the Property Owner will be liable to the County for any and
II damages and all direct and indirect thereby.
13. Warranties. The County dos not represent or warrant the level of
noise reduction that the Propertyr will expedence withinthe Property as a result
of the Program Improvements performed-as part of the Program.
a. The County agrees that its contract ith the Contractor will include
standard one (1) year warranties from the Contractor for all matedals and workmanship.
ch one-year warranty pedod shall commence as of the time of the c of the
work s provided for in Paragraph 9.
the end of construction, the Program Manager will provide the
OwnerProperty with a WarrantyFinal Closeout Package whichill contain copies
warrantythe policies, product instructions, design documentsn legal documents. As
condition receiving the Warranty & Final Closeout Package, r
PropoV Owner Noise Insulation nt Page 5 of 28
must first submit a completedI ti i to the Program
Manager. After receiving Final Closeout. , the Property Owner
understands that the li in the construction
ProgramImprovements i t among product manufacturers. f claim, t
Property Owner is 11y responsible for pursuing all future product warrantyissues
directly i r.
® In the event of a claim, the Property Owner shall be solely
responsible r, and agrees to contact the Contractor or product manufacturer directly t
coordinateired warranty servicesolely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of 11 product or construction warrantyi
(f inquiry is not directlyrelated to either
construction i r product warranties (such as window cleaningr product
maintenance) r inquiry ri
one-
year warranty period from the Contractor or thereaften
(2) The Property Owner believes that warranty servicei
required with respect to constructiont l r warranty
from the general contractor has expired;
believes(3) The Property Owner service is required it
respect to product warranty issues, the advertised warranty periodr the product has
f expired, and the manufactureri its business; and
believes(4) The Property Owner that serviceis requiredit
warrantyrespect to product issues, and the advertisedr for the
has expired.
14.
i
s• r itrequired
(Deficiency. Hold Harmlessi ill impute ll
responsibility liability the Property Owner for any and allt Pre-Existing
Deficiencies t the Property, whether seen or unseen.
Requirements.15.. Pre-Work illrequired
t complete allrequired_ the NIPto successfullyaccommodate
the NIP acousticmodifications. r will be required ( t all
designated established item iizi, it r t i - lie as
_ In the event the Property Owner falls i the
designa Pre-Work Rams by the establishedI li , the Property Owner shall
be removed from NIP participationr shall be liable to the County
and/or Contractor for any and allresulting ll direct and indirect costs
related thereto.
16. City of Key West " i_ Al t. I
compliance it the Cityl li and the Cityt Building
Department construction permit issuance requirements, r will be
requiredto install f m lt "hard-wired" smoke alarms in their condominium i
Propeny Owner Noise Insulation t Page 6 of28
accordance withall applicable codes andregulations by the requireddeadline a
established the NIP. Th.e „ e_ YYYYr_Owner will be rqppqRWq,.,.to ensure that
,
alarmssmoke not installed in same areas withinthe condominiumI
modification work will occur, to avoidpotential impedance to the NIPconstruction
,process. In the event the Property Owner falls to install the designated - "
smoke alarmsthe establishedI li , the Property Owner shall be removed
from NIPparticipation.
1 . iq 9f_PMgr@M.�p. The Program process may be
temporarily u t any time during the design and/or construction phases upon
the discovery Deficiencies u it potential impact the Program
Improvements and product warrantis. -The Program processill 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 timelyr, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delay it stoppages o h . r .
18. Limitation on AI do ft , The Property Owner
agrees. not to make alterations, or to pennit any tenant occupying any portion of the
Property to make alterations the existing windows, doors and/or walls from the time
the Designuntil the construction of the Program Improvements have been
completed. Exceptionsthis rule must be pro-approvedin writingthe Program
Manager. Failure to adhere to this requirement may, at the option f the Program
Manager in its sole discretion, result in an immediate suspension the construction of
the Program Improvements on the Property. The Property Owner will be liable o the
County r all direct and indirect associated unapproved It tis and
damages related thereto.
19. Pre andPost-Construction Noise Testing c s. post-
construction noise i is a very important Program process that is designedt
measure and determinethe actual achieved noise level reduction level t treated
properties. If selectedthe Program Manager for - & post-construction noise
testing, the Property Owner agrees to provide accessto their property for testing and
agrees to not to make alterations to the interior-of their property (with the exception of
repairs of Deficiencies) from the time of the - nst ion noise test to the Po -
construction-po t. In an effort to insure consistentnoise collection, the
Property Owner also agrees to preserve .the interior layout of furniture, floor coverings
windowand t from the time the pre-construction noise test t _ the moo_ u
construction noise test., The PropertyOwner understands that the failure to adhere to
this requirement may result in corruptionof the noise testing a . , the
Property Owner understands they may be liable to the County for any direct and indirect
noise testing in the event these requirementsnot met.
20. 'Cooveration. As reasonablyrequested, the r shall
cooperateit the Contractor, the Program Manager and Monroe Countyin the
performance of II phases of the Program Improvements including, but not limited ,
the removal and reinstallation of rugs, wall hangings it s necessary.
Properiy r Noise Insuladon Agreement Page 7 of 28
1. Utilities. The Property Owner shall permit the Contractor to use, t
o cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
22.
kgn ....and Bidc t scheduled times and/or upon
not less than t - r ( 4) hours v notice (via ! !1 andlor letter), the
Property Owner agreestop vi to the r r, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors consultants access to the
Property to collectn v lop all final design and biddocuments. These visits could
include, but not be limited t , property survey, design survey, hazardous material
inspection, pro-noise testing -bid visit. In the event the a n r falls to
provide access to the Property for all required NIPDesign and Bid Processvisits, the
Property Owner shall be removed from NIPparticipation.
23. Pre-Construction c ss. The Property Owner agrees to provide
access to the Property forty-eight ( ) hours r to the scheduled start of NIP
construction. This short visit will provide r with the ability to ensure
that the Property Owner has met all furniture storage responsibilities. Failure could
result in the suspension of the scheduled I construction and the Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect sts related thereto.
24. Pre and Post Construction Acdess. At scheduled times and/or
upon not less than twenty-four ( ) hours van notice (via NIP emaH andlor letter)
and r the established NIP construction schedule sin , the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, it ,
County, State and federal inspectors and consultants access to the Propertyto provide
II required NIP - st ion and Post-Construction visits. These visits Gould
include, but not be limited to final measurement, pre-construction inspections, review o
Designated forage Space requirements, t construction inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
required I and Post Construction visits, the Property Owner shall be removed
from NIP participationthe Property Owner shall be liable the County and/or
Contractor for any and all resulting damages and all direct and indirect lat
thereto.
5. Construction PeriodUpon award of NIPconstruction
contract, the Contractor will provide the Pro ram Manager with their final construction
schedule, hich will include the requirednumber of calendar days to complete the NIP
construction in each of the participatingcondominiums. a this schedule, the
Program Manager will assign eachr with a designatednumber of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocatefrom their condominium for the entireassigned time period. I
addition, the Property Ownera not to re-enter their property for any reason during
their assigned construction period due to safety concernsand the potential to negatively
impact the Contractor. In the event the Property Owner fails to provide access for their
assigned nt ion time period, the Property Owner shall be removedfrom NIP
_.............. __ ._._______.... .. �.
OwnerPropeny Noise Insulation ent Page 8 of 28
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.
2& Construction Period Extension Due to Hunicanes. Since the NIP
construction period %W i to the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricane and/or i hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally assigned construction time pedod, without any fault or cost to the Contractor
and Program r® Furthermore, the Property Owner agrees to relocate from their
condominium lbr all additional calendar days resulting from NIP construction 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-related work stoppages, 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.
27. Discovery of Pre-Exlpt:1n2k _Qfnneripjqp During Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately repair and remedI e such deficiencies in an
effort to reduce any negative impact an the scheduled construction period. The Property
Owner understands that, depending on the timing of the pre-existing deficiency repair,
the NIP construction period May need to be extended, at no fault of the Program
Manager or Contractor.
28. Impact of Unfbreseen KWBTS Building Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
rigduring the I P construction may have the potential to Increase the original
scheduled duration of construction, which is not the fault of the Program Manager nor
Contractor. The Property Chmier needs to plan for the "',omrst-case" possibility that the
origi nally-schedu led construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arlse and complicate the NIP
construction.
29. Existing Window / Door TreajMqatg,_ Shades and Blinds. The
Property Owner understands that, after the installation of new NIP acmustic Window and
doors, the existing window and/or door treatments, shades and blinds may not be
compatible nor able to be re-installed due to size differences between the new and
existing windows and doors.
30 gxIsft np Crown Molding. During the installation of the new
acoustic windows and doors, the NIP will be providing new "standard" replacement
interior trim and sills. The Property Owner undervatands that the NIP repl t two
will not match custom and/or specialized crown molding patterns andlor custom Viindow
and door trim. After the completion of the NIP modifications, the Property Owner will
have the ability to make modificatio'ns to the NIP Interior trim at their own expense.
.. .........
P�rqpeny Owner Noise Insuladon Agreement Page 9 of 28
1. Communicatio I_Req i n TheOwner a a
read and vie II NIP emalls; and/or letters in a timely iowhich are bin
provided y the I to ensureschedule for . In the eventthe Property Owner
falls to meet thisi , it couldresult in removal from NIPici ti .
32. TitleExamination. The Program Manager has obtainedr will
obtain, t its sole cost and expense, an "Abstract of Titlew to ensurethat the Property
title is free from liens for title defects.
33. Q9operationi N I _ Title. Prior to the commencement of
construction of the Program Improvements, h r shall coo i h
Countyin r t (i) y it i t Property which it
by the Title" and in the sole determinationthe County may serve to
invalidate the Easement, and (ii) secure the writtenconsent of any and all mortgage
holders to the Property Owner's conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, t "Title
Matters"). I , prior to the commencement of construction of the Improvements,
the County, in its sole discretion, determines that the Titleaffecting
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
3 . Federal Assurance. As requiredy the Federal Aviation
Administration, the Property Owner agrees to the fbilowingprovisions:
Ownera. The Property shall subject the construction work on the
projectto such inspection and approval. ri nt ion of the
Improvements and after completion of the Program Improvements s may reasonably
be requested by the Program Manager and/or Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, or constructed under this Agreement. Neither the Federal Aviation
Administration nor the Countyresponsibility for maintenance and operation
these items.
35. Reduction ofmmFresh it Infiltration. aOwner will be
requiredto sin Exhibit _ _ (Ventilation Hof I s ) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture
humidity levels.
36. Salvage of Materlg*A_ggy1pnwM. If the Property Owner desires
to retainof the material or equipment removed from the Property as a resultf the
Program Improvements, r shall arrange for the salvage of said
materials and ei nt directly with the Contractor at the Property Owner'sof risk
expense.and The Countyo responsibility for the conditionf the material,
equipmentor surrounding ces as a result of the owner-requested salvage. The
Property Owner and the Contractor shall, pdor to the commencementconstruction,
executeagree upon and cu listing items to be salvaged. In the absence
P�vpeny Owner Noise Insulation Agreement Page 10 of 28
of such a written agreement, all items shall become the property of the Contractor.
Materials ui t not listed for salvage the Property Owner shall become the
property of the Contractor.
37. Propedy Insurance. During Program construction period, the
Contractor will provide builders risk insurance r the Property. The Property Owner
shall have the option, at the Property Ownersof st and expense, to maintain
homeowner's insurance policy for the duration of the construction of the Program
Improvements. rty Owner understands that, following final completion, the
Contractorsbuilder's risk insurance will cease, and it is advisable for the
Owner to obtain insurance to cover any value the Property byte Program.
. Tim in g...........and Effects of Construction. The PropertyOwner
understands that there is a chance t construction itself may exceedtheContractor's
original projected nt ion time period. The Property Owner also understands that
the construction may involve substantial inconvenience and couldgenerate significant
quantities brie rendering portions of the Property uninhabitabler
extendedperiods of time.
39. Labor and Material Release. The Property Owner releases
forever discharges any and all claims, suits andions against the Program Manager;
the County and its officers, le n consultants; and contractors and
suppliers i to issues relating to the conformance of labor, materials
acoustic designs utilized in the Program Improvements. oti in this paragraph shall
limit the warranties for materials and workmanship contained in the contract it the
general contractor.
40. Sale of ProDertv. In the event the Property Owner sells, conveys r
otherwise n title to the Property before the completion of all phases
process,Program the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyanceor other transfer, and to
transfer II of the Property Ownees responsibilities and obligations under this
Agreement to the buyer as a conditionthe purchase, conveyanceor other transfer o
the
1. ivr. No waiver of, acquiescencei , or consent to any breachof
any term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquiescence in, or consent to any other, further or succeeding breachr
any other term, covenant or condition hereof.
. Release of Easement. In t ' event that this Agreement i
cancelled r the County determinesthat the Easement should be releasedf record,
the Property Owner, upon written request by the County, shall pay to the County the
sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation and
recordingof the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that It is the Property Owners
responsibility to insure such payment is made in order to "clear" the title to the Property.
Pmpeny er.Noise Insulationt Page 11 oft
. �Authority to Execute On Behalf Of Count By Resolution . 111-
0 , duly motioned and passed at a lawfully nnpublic meeting, the Board of
Countyissione of Monroe County, did, on the 1 r day of March 2004, grant full
authority for the County Administrator to execute this Agreement on behalf of the
Countyitt further action by the Board of CountyCommissioners.
. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. ExhibitPolicy Statements.
b. Exhibit : Legal Description of Property
c. Exhibit Improvements.
d. Exhibit Deficiencyold Harmless Agreement
e. Exhibit : Ventilation Hol IAgreement
5. I Conditions.
a. ,,nM iL Venue Intem,retation. Costs, and Fees.
(1) This Agreement shall be governedn i
accordance with the Laws of the Statef Florida applicable to contracts made andto be
performed i l 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 and Property Owner agree that venue ill lie in the court or before
the appropriate administrative body in Monroe County, Florida.
( ) The County andp r agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediationrior to the institution of any other
administrativer legal proceeding.
( ) The Countyand Property Owner agree that in the event any
cause of action or administrative proceedi is initiated or defended
relative to the enforcementr interpretation of this prevailing party shall
be entitleda n l ' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings
initiated and conductedpursuant to this Agreement shall be in accordanceit
Florida Rules f Civil Procedure andI and customary c i the
circuit court of MonroeCounty.
b. Binding . The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Propertyr
and their respective legal representatives, successors, and assigns.
_...®..._.. _._.... _ ...........
Aropero Owner Noise Insuladon Agreement Page 1
c. avemWillity, If any term, covenant, condition or pitivislon 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, oovenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. AMIhority. Each party represents and warrants tothe other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by law.
e. Duration of Aqreement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
"the County and shall remain in effect for a period reasonably required to effect the
Pmgrarn Improvements (the "Term"), except as may be sooner terminated in
accordance with the pmvI ons of this Agreement.
f. Acceptance of Gifts Funds or Beguests. The
County and Property Owner agree that each shall be, and Is, empowered to accept fbr
the benefit of any or all of them, gifts, gran I ance funds, or bequests to be used
for the purposes of this Agreement.
g. 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 Pmperty Owner shall be
approved by the County prior to submission.
h. Adiudication of Disputes 2r Disagreements. The County and
Property Owner agree that all disputes and disagreements shall be attempted to be
rasolved 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 ally
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 jurisdiction that discrimination has
occurred, this Agreement automatically terminates Wthout any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to. (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national di;(2) Section 504 of the Rehabilitation Act oft973,
as amended (20 U.S.C. & 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1915, as amended (42 U.S.C. ss. 6101-6107), which
Pmpeny Owner Noise Inadation Agmement Page 13 oft
prohibits iscri i i on the basis of age; ( ) The Drug Abuse Office And Treatment
Act f 1 ( .L. - 5 ), as amended, 'relatingnondiscrimination on the basis of
drug use; ( ) The Comprehensive Alcohol Abuse And AlcoholismPrevention,
Treatment ili ti 1 ( .L. 1- 1 ), as amended, relating
nondiscrimination on the basi of alcohol abuse or alcoholism, ( ) The Public Health
Service Act of 1912, , ( - -3), as amended,
relating to confidentiality of alcohol and drugu ti t ; ( ) The Americans
With Disabilities Act of 1 ( U.S.C. s. 1201 Note), as may be amended from time t
time, relating to nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights
Act of 1992, (Chapter 760, Floridatut n ion 509.092, Florida Statutes),
amendedmay be from timeto time, relating nondiscrimination; ( ) The Monroe
County Rights Ordinance (Chapter 1314, rticl III Sections 1 -1 1 through
1 -1 ), as may be amended from time i I tin to nondiscrimination', and (1 )
any other nondiscrimination provisions in any federal or state statutes or local
ordinances hich may apply to the parties t , or the j matter of, this Agreement.
j. Cooperation. In the event iit tiv or legal proceeding i
instituted againsteither party relatingformation, execution, performance, or
breach of this Agreement, the CountyProperty Owner agree to participate, to the
requiredextent the other party, in all proceedings, hearings,' processes, meetings,
and other activities relatedo the substance this Agreement or provision oft e
services r this t. The Countyr specifically agree that
no party to this Agreement shall be requiredenter into any arbitrationdin
relatedto this Agreement or any Attachmentr Addendum to this Agreement.
k. Books, Records, and Documents. The Countyn r
shall maintain books, records, anddocuments i 1pertinent to performance under
this Agreement in accordance with generallyaccepted oui principles
consistently applied. Eacho this Agreement or their authorized representatives
shall have n I timely access to such. of each other party to this
Agreement for .audit purposes duringthe ter the Agreement and flor four years
following in ti this Agreement.
I. Covenant of No Interest. The Countyr
covenant that neither s tl any interest, h ll not acquire any interest,
which would conflictin any manner or degree withits performance under this
Agreement, and t only interest of each is to performiv benefits recited
in this Agreement.
m. Code of Ethics. The Countythat the officers
employees the Countyi ill be requiredto complyi f
conduct relatingpublic officers and employeesdelineated in Section 11 . 1 ,
Florida tut i not limited , solicitationor i of
business with ; unauthorized compensation; misuse of publicposition,
conflicting empl r contractual relationship; and di to r use of certain
information.
____ ................
_
Propertyner Noise Imuladont Page 1
n. No Soficitation/P ment., The County and Property Owner warrant
tha Tt, in respect to itie f, it has neither employed nor retained any company or person,
other then 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, oorporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent on 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 havethe dght to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, pementage, gift, or consideration.
o. Eublic Actr.cess. 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 havethe right to unilaterally cancel this Agraement upon violation of this
provision by the Property Owner. Public Records Compliance, Property Owner must
comply Wth Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" 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 conti-act and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of. the
Property Owner to abide by the terms of this provision shall be deemed a 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 attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult with its advisors about
Florida Public Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, pix)vlde the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosum requirements are not disclosed except as
Pmpeny Owner Noise InMation Agmement Page 15 of28
authorizedlaw for the durationthe term and followingcompletion f the
contractthe Property Owner does nottransfer th the County.
n completion ofthe contract, transfer, ato cost, to the
County 11 public records in possession of the Property Owner or, keep andmaintain
public that would be required by the County to performthe service. If the
OwnerProperty transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate publicthat are exempt
r confidential and exempt from publicn i tosure requirements. if the Property
Owner keeps and maintainspublic completion of the t , the
Ownerlomperty shall meet all applicable requirementsfor retaining public records. All
records stored electronically must be providedthe County, upon request from the
tty's custodian of records, in a format that is compatiblei the information
technologyt of the t .
request to inspect or copy publicrelating to a County
contract t be made directlyto the County, but if the Countyt possess the
requested records, the ll immediately notffy the Property Owner oft
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copied withina reasonable time.
If the Pmperty, Owner has questionsire the applicationf
Chapter t lrida Statutes, t the Property Ownees dutyto provideAli
relating to this trcontact the Custodianf Public Records, BrIan Bradley at
m
p. .. Non-Waiver of Immu .thstanding the provisionsf Sec.
768.28, lStatutes,t t participation f t r in this
the acquisition i f any commercial liability insurance
, or local government liability insurance 1 coverage shall not be
deemed a waiver of immunity by the County to the extent of liability r , nor shall
contractany t into the Countyrequired tin, any provisionfor waiver.
q. �r�� ll_ arid r i 11 of the privilegesimmunities from
liability, tin from laws, inances, and rules; n i relief, disability,
compensation, and other benefits which1 to the activityf officers, ,
volunteers, r employees of the County, when performingtheir respective functions
under this nt vAthin the territorial limits of the County shallapply' to the same
extentdegree and to the performance of such functions nduties f such officers,
agents, volunteers, r employees outsidethe territorial limits f the ty.
� t - i _iiti sue; m _-Delegation
t
Constitutional or Statutory tut r ill ti ir�Agreement i t intended shall t
relieving i 1 tiro entityf any obligation �r responsibility
imposed upon the entity by law except to the extent of actual and timely
thereof by any other participating entity, in whichthe performance may be offered
in satisfactionf the obligation1 ilit . Further, this t is t intended
t , nor shall it be construed , authorizing the delegationf the constitutional or
statutorytl f the County, except to the extent permittedFlorida tit tl ,
Owner Noise Imulation Aireement Page 16 of 28
state statutes, case law, and, specifically, the provisions of Chapter's 125 and 163,
Flow tut es.
® Non-Reli -Partjq% No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or aftempt to
enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and Property Owner agroe that nel'ther 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, inn edor to, or superior to the community in general orJor the
purposes contemplated in this Agreement.
t. Aftestat ire s. The Property Owner agrees to execute such
documents as the County may reasonably require in the performance ofthe obligatiorls
and duties of the County or Property Owner under this Agreement.
u. No Personal Liabilit . No covenant or agreement contained herein
sh'all be deemed to be a covenant or agreement of any member, officer, agent or
employee of' Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agmernent or be
subject to any personal liability or, accountability by reason of the execution of this
Agreement.
® Execution In Cognterparts. 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 bee*n inserted in this
Agreement as a matter of convenience 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.
-———------- -—---- ............................ ---—-------
Propery Omer is Inmdation Agremmt Page 17 of 28
IN WITNESS , the Property Owner and the County have
executedthis Agreement as of the day andyear first above written.
I , : •
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ta h� Signature
Printed Name Lf-"
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PROPERTY OWNER:
` ak F
Signature
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e �
Printed Name
,Signature
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Date .
.......
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MOOOk'COUNTY BOARD OF COUNTY COMMISSIONERS:
•��; MAYOR 1 CHAIRMAN:
k�' Attest:.�� Sylvia J. Murphy
�`� i
`K. CLERK
y i p
By:
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De "'u Clerk
xW P ty Signature
Le
MOM W,
Propeny e1 Noise Insulation Agreement
R ? I M m 1 .�
6 "!e�-
it ,
PROGRAM POLICY STATEMENTS
Exhibit A
TO
Property Owner Noise Insulation Agreement
A. Air ® While providing i "mink
split" _ t your condominium
_. NoiseInsulation Prog
am
modifications, the followinglimitations n restrictions ill apply to all condominiums:
All condensing units will be installed l
2. All refrigerant lines 1 i itwill be installed
consistent with KWBTS Board policyl itiing a maximum height of 48
inches.
3. All condensate lines will be installed the buildingconsistent with
Board policy I i t level of consistencybuilding
architectural aesthetics.
4. All interior AC lines (refilgerant, condensate, elechIcal) and Energy Recovery
Ventilator ( ill be housed in new vertical wall and comer pilasterswhich
ill be constructedlit l tl wells. The number and locations
f the new verticalI it t ill differ depending on your unique
condominium r plan and number of bedrooms. The NIPtip It ill
reviewi information I r NIP DesignMeeting,
5. Only electrical service panelsthat are determinedto be
deficient will be replacedf Insulation
modifications.
B. customWindow I t asbestos, the ill provide a
new . ill instead the existing
to this iplan, i tl sills 1 , granite, °III replaced.
This revisionwill be an improvement, while decreasingconstriction improving
time i i .
Q Custom Crown,Moldlng, and _Baseboards Restriction
The new asbestos abatt requirements will restrictt ii to remove existing
custom trim and baseboard priort t i (as originallyf ill not
allow ii t time fort I contractor
replacementtrim. Therefore, existing crown moldings, wall trim, , the
contractor will, instead, cut the existingpilaster or
thru wall ac-infill. At new pilaster locations , if the thru wall ac infill abuts the existing
baseboards, t r willinstall a standard (314" x 5-112") painted wood trim to
abut the existingri , rather than attemptingto match the existingcustom' trim
and materials. . Ar the completionf the NIPi ill
---® z -_ . ---
Exhibit A- laio t Page 19Z
have the option to replacethe installed tdm withother custom trim to match the existing
materials and files.
0. r Threshqld Heiqhts. 0 to stringent Florida hurricane impact and water
infilt i n buildingII new aluminumu i I prime swinging o
sliding glass do doors will have thresholdsthat are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designedt
provide optimum protection to the interior of a condominiumfrom water infiltration during
hurricane.
E. KWBTS Asbestos Testipg
s required by state and federal requirements, TC conducted asbestos testing on all
participating iniu s in Buildings A, B andrip h November 2017
to April 2018 time period. This testing included Ile i to 9 samples at each
condominium include gypsum board Joint compound, window glazing, and exterior
window and door caulking. In addition, random ri r stucco samplescollected
on both t "walkway' "courtyard ,
/ building elevations.
Depending the laboratory analysis these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the NIP
construction process to include:
window oval and acoustic window installation,
- door removal and acoustic door installation,
oval of portable "through-wall" AC units and the infilling of openings,
cell!ng cuts i r installationof theless ,
® II cuts required for the installation of theductless ,
construction of vertical all pilasters requiredfor installation of the ductless
AC system & V ducts,
construction closet soffit for installation of the ERV.
F. Asbestos Abatement Reqylrements
In the event any samplesshow f asbestos containingt ri l (ACM), the
awarded NIP contractor will be requiredo perform the followinget
requirements ri construction:
If sample§-Ashow a presencec 1°/®
The NIP contractor will be requiredply with OSHA worker safety requirements to
include worker respirators, polycurtains in all areas wheresurfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaceschipped, cut
and/or sanded.
_ _ _ ....
Exhibitr Owner Noise l i do t e 20 of
2...._.
'Sam 'as Show a -rasen9a�of ACM
6 ri)quired to 11 asbestos abatement procedures as
P contrac ill b
I
the N
directed by the Enil�ror!wmental Protectio EPA) to include:
Construction of ACM containment barriers in all areas (walls, ceilings, closets,
windowsldoors), approximately 4 feet frurn all walls and areas impacted by
the NIP,modifications.
- Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
- Air sampling of containment areas and clearance of all areas by cortified
asbestos abatement staff to allow access to oontainment areas by traditional
(non-abatement)workers.
® THC will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure prDper compliance with federal and state abatement guidelines.
- The presence of ACM vAll have a significant impact on the NIP construction
process, lengthening the construction peHod and increasing the sequencing
and coordination requirements of contractor crows.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
distur bance of ACM to ensure the minimization of consti-,uction 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_gL2gAI An 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-Split" AC System Installation Requirements
5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
.......... .....
ahibit.A-Prop"owner Nobe Aimiadon Agmement Page 21 of 28
LEGAL DESCRIPTION
Exhibit
T
NoiseHomeowner Insulation Agreement
Unit No. 1- , CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according t
the Declaration of Condominiumthereof, recorded in Official Records Book 589,
Page(s) 370, as amended from time' to time, and the Condominium Plansin
Graphics Book 1, of the Public Records of Monroe County, Florida.
.. �_ ._... _ _.._.�.. _ __...... e__.... .._........
Exhibit B-Propeny Owner Noise Invdation Agreement Page 22 of 2
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:
a Architectural DravAngs
0 Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Door(s)
6 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Exhibit C-Aropeny Owner Noise Imulation Agreement ,P" ag,e 2 of 2-8-
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
1. In partial 'consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to.the Property
described in the Agreement of even date herewith (the "Agreement') between the County
and Property Owner and to which this Exhibh D is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal tipes, successors, and
assI gns of the undersigned, forever releases, remises, discharges, inderrinifies, 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 property,
and the consequences thereof, and any of the ibregoing 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 "Deficlenclesm) against said
County or any of fts officers, agents, Ioyees, consultants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any Issue that would negatively impact
the installation and performance of the Program Improvements.
4. If lilt 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 vAll classify the observed Deficiencies as either"Minor" or"Severe".
5. The Property Owner assumes full responsibility 1br the vmrsening 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 "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to complete
&hlbft D-Propeny Owner Noise lksulation Agreement
necessaryi to the Property, to the c the Program Manager t
minimize any delayor stoppages of work.
7. The undersignedacknowledge II of the releasen of
harmless indemnity vision in Paragraph 9 of this .Exhibit ply o
damage,praperty injuries, deaths, or arising h efi i i n for all
negative impacts that later result after the addition of the Program Improvements.
provisions of this Exhibit D shall survive the terminationr expiration of the Property
Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and provisionsthis Exhibit
_ shall be bindingupon, and inure to thethe undersigned their respective
heirs, personal representatives, successors and assigns.
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Exhibit D-,ftperty Owner Noise Insulation Agreement e 25 1 of2
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
In partial consideration compensationI f the
County ®and the Program for the Program i t
describedo the Property
t whicheven ® t i (t " g) the County
undersigned,and Property Owner and to
personalbehalf of the undersigned and the heirs, representatives,
assigns of the undersigned, forever releases, remises, discharges, Indemnities
covenants , institute claims i y 1 institute proceedings against, the
County, or any of its agents,- officers, employees, consultantsr contractors
conceming any and all claims, demands, damages, actionsf action
whatsoever kind and naturet of bodily injuries t , damage to the
thereof,prop" and the consequences and any of the foregoingwhich
undersignedthe r their iheirs, personal representatives, successors and
assigns in connectionit Ventilation Deficiencies (t "Deficiencies") agai t
said County r any of its officers, agents, employees, consultants and/or to be
legally liable.
® The Program Improvements include the additionacoustical
windows and doors, removal and infilling of "through-wall" portable air conditioner units
additionand the i i "mini-split" ait conditioning system,
these modifications ili result in a tighter intertor environmentthe elimination
all passive inside outside air leakage that was naturallyin all openings, t
Program will also include the additionventilation ( ) unit which
will provide an adequateinside i it to the condominium
requiredit 1 .
Given3. tightened interior envI t of the treated i t , the
Property Owner agrees to assume full responsibility for the proper operationof the
Program ductless AC system and energy recovery ventilation ( ) unit to avoid
potential for mold and moistureproblems, especially during periods when the
condominium is closeduninhabited.
4. Due to FAA eligibilitylimitations, the Program willbe 'providing
bathroomtreatments. Sincer showers are a source of
moisture generationin the interior t of a condominium, t
agrees to assume fullresponsibility that all bathrooms have an operable
bathroomiexhausting t I exterior
of the building. l id also be notedthat the original KWBTS condominiums
constructed with a small wallvent t t was designedto allowthe passivet of
Exhibit a Noise Insulationen a 26 aft
bathroomitu in a central building t shaft. Duringthe Program design
survey it was discoveredthe KWBTS buildings lack li central building
exhaustu to this existing condition, these original wall vents (if still t)
have the potential to provide a pathwayr unwanted air, smoke and/or gases into the
condominium interior. r agrees to assume full responsibility for the
sealing original wall vents in all bathrooms and for any and all negative impacts that
may It if left untreated.
5. It is clearly a buildinga violation to duct laundry r exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner Incorrectly dueled
their laundry dryer vent to the KWBTS central building exhaust , they agree to
correct this deficiency properly exhausting it laundry dryer exhaust in an
alternative t is current building code, at their cost befbre the initiation
the Program construction process.. Furthermore, the Property Owner agrees to assume
any andII liability I t to the improper ducting of their laundry dryer exhaust.
Owner6. The Property understands that the Program Improvements will not
address kitchen ventilation for excessive interior humidity levels
generatedthe Property Owner within the interior of the condominium. The Property
-Owner understands and assumesfull responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurirenceor worsening of moisture1 for interior humidity
levels in the . In addition, the Property Owner agrees to assumefull
responsibility'fbr the maintenancein of the NIPventing modifications r
completion of the Program Improvements.
. The undersignedacknowledge that all of the release, l
harmless and indemnity provisions set forth in Paragraph9 of this ! i to
injuries, deaths, r in i ion it r l o all
interior ventilation deficienciesarising r the additionof the Program Improvements
including, but not limited o, high humidity, mof it lr lack r exhaust
ventilation. h vi ions of thisExhibit shall survive the termination or expiration o
the Property Owner Noise Insulation a .
8. The undersigned hereby agree that the terms n visions of this
Exhibit E shall be binding inure h fit of the undersignedn their
respective heirs, personal representatives, successors and assigns.
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Exhibit E-Property Ommer Noise Inm1ation Agreement Page 27 of 28
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Exhibit - er ai l t' Page 28 of2