09/18/2019 Agreement/Easement-C304 �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
Pr@2Lmd By an
r
Heather u
NIP AssistantJ r Inc. 1f2 o I1;20 AM PaP i of4
710 DaculaRe 4A#31500
Dacu11'a Filed md Rwm*-d m offleml R=Ws of
AVIGATION
Key West International Airport
Noisetl
THIS A NT AGREEMENT is entered into this , O� _�� day of �� � ����$- �°
, by "RICHARD C. VAILLANT", hereinafter referred to a "the Property dwner," in
favor of the MONROE COUNTY BOARDCOUNTY COMMISSIONERS, y politic
and corporate, hereinafter referred to as mBOCC."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain realp ("the )
located in Monroe County, Florida, more particularly described as folio
Unit No. 04- , CORAL BAY GARDENS OF ICY 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 recorded in Graphics Book 1, of the Public Records of Monroe County,
Florida.
also identified as street address: 112601 S. Roosevelt Blvd., nit "
B. The BOCC is the ownerand operatorof Key West Intetionl Airport( the Airport")and
desires to make properties that, through interior noise exposure testing, are determined
incompatible ult of their exposure to aircraft noise compatible lbr residential
purposes through the implementation of a NoiseInsulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and oifi tions to the Property Owner'sPropertynecessary to reduce
interior noise levels at least 5 d13 and to bring the average interior noise level below 45
in accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement(" seent") Is a BOCC condition of participation in the NIP. The Easement
will supersede any implied or prescriptive easementsthat 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 cci the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Key Wee International Airport NIP—Avigation Easement(Unit 304) Page 1 of 4
Owner Noise Insulation Agrea ith the BOCC. The BOWs implementation of the
NIP will benefit the Propertyr and the Property by providingi i l sound
attenuation construction on all eligible residential structures the property necessary
to achieveion in DNL indoor noise levels of at least 5 dB and bringthe average
interior noise level l 5 dB in accordance i I Aviation Administration
policy.
F. The Property Ownerull understands that the NIP eligibilitycould change future
time, but is currently s on the 2013Existing Condition ofExposure Map
accepted by the I Aviation Administration ("t ") on December 19, 2013.
G. The NIPill be administeredIn ih the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter t forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NIP,the receipt and adequacywhich is hereby acknowledged t
parties, and in consideration and 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
successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the right to generateemit noise cause other
effects as may be associatedi the operation of aircraftover or in the vicinity f the
property. This Easement shall apply to all such aircraft activitythe Airport, present or
future, in whatever form or type, duringn at, on, to or from the Airport, n it being
the intent of the partiesthat all such Airport activity shall be deemed to be included
'thin the purview of this Easement.
. This Easement shall be perpetual in nature shall bind and run with the title to the
property and shall nun to the benefit of the BOCC or its successor in interest r and
operator of the Airport.
. The Property Owner on behalf of the Property Owner, its heirs, assignssuccessors
in interest, does hereby release the all related parties of the
including but not limited to BOCC members, officers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, ey's fees r causes of action of everykind or nature for which the Property
Owner or its heirs, assigns, or successors currently ve, have In the pastpossessed,
r will in the futurepossess, as a result of Airportin r aircraft activities
noise levels I t to or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous property due to noise, and other e the operation of the
Airport r of aircraft landing r taking off at the Airport.
_. .......
Key t International AUport NIP—Avigation Easement(unit ) Page 2 c f
4. This Easement expresslyexcludes and reserves to the Property Owner and to the
Property Owner's heirs, assignssuccessors in interest, claims, ,
debts, liabilities, ' or x fee, or causes of action for
physical damage or personal injury n i r part of any aircraftusing
the Easementthat does Identifiable physi t damage to the or injury to a person
n the property by cominginto direct physical contact withthe property or the person on
the property.
Should5. i r party or any of their successors r assigns in interest retain
counsel to enforcethe provisions herein or protect its it 'in any matter.
arising under this Agreement, or to recover damages by reason of anyII
any provision of, this t, the prevailingII be entitledall costs,
damages and expensesincurred including, but not limited y' fees and costs
incurred in connection therewith, including appell t ion.
provision of thisAgreement is to be interpreted for or against any party because that
party r that paVs legal representative drafted such provision. This Agreement shall be
interpreted n t according the laws of the State of Florida.
breachn .provision of this t may be waivedl in writing.. Waiver of
breachany one vi ion of this Agreement shall not be deemed to be a waiver
of any other breach of the same or any other provision of thist. This Agreement
y be amended only by written instrument by the parties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained hereinis heldinvalid, i t illegal by any courtcompetent
jurisdiction, the same shall be deemed severablethe remainder this Agreement
and II in no way impair or invalidate any ot r provision hereof so long as the
remaining visions do not materially alter the rights n obligations of the parties. I
such condition, covenant or other provision shall be deemed invalid to this scope or
breadth, such covenant, condition r other provision shall be deemed validto the extent
of the scope or breadth permittedy law.
8. In the eventthe AirportII be subdividedinto more than oneI, or the Airport or
portion thereof becomes subject to operation, management or administration
in addition to or in lieu of the then in that event the partiesthat same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airportflight purposes, and that any such successor
in interest to the BOCC shall be entitledto all of thei i the BOCC
hereunder.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintaining and operatingsound i t ri Is and equipment
installed in the Property by or on behalf .
Key wow! Uonal—Airport NIP—AvEg on Eaa ent(Unft 3 ) e 3 of
This is executed .
PRO _. PROPERTY OWNER:
_ m
Signature
Printed .5sT,,>p Printed
I Dale Date
STATE OF
COUNTY OF
r J
The foregoinginstrument was acknovAedgedthis y �' ,"
��� ro..a �
�w.
by
... ..........
Property
e
Owner Name(s)
� r
I
Pu
y Comm lesion Joe L Wallace
NI Public Signature y x
- 1
MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS:
WITNESSES: MAY , {y
f€d i
siI
,, gnat {
Printed Name IV
Printed Nam
Signature
STATE F FLORIDA
I COUNTY OF MONROE '
The foregoing Instrument was acknovAedged before me this y of
Mayorby
as of the Monroe County Board of County Commissioners, a body politic and corporate.
My C I
ion Expires:
Noiiry Pu lIC Signature
M 0N)q0,E COUNTY ATTORNEY
APPFJOVED '
Key West Intwnedonal AJrport NIP— vi tion E t Unit
( ) P it 46f 4
4 ' r
Address:
Kev WestUni .�.
t o.: .a ,.,
04
Nam4s): Vaillant
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY T INTERNAnoNAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "PropertyOwner").
I T N E S S E T H:
S, the PropertyOwner i the sole owner in fee simple of
certain alp located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Fkhlbltattached 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 r has elected to participate in the Key West
International Airport's of 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 Exhiblt C attached
hereto (the "Program 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 Property; and
WHEREAS, the County will enter into a construction contract with
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed y the consultant team consisting o
team manager and assistant manager, architect, mechanical / electrical engineer,
acoustician and construction manager selected by the County (the uProgram 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, covenantsand
conditions set forth herein, and other good and valuable consideration, the receipt and
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NoiseP�rqpeny Owner Insulation Agmment Page l of 28
sufflclency 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 and delivered to the County an avigation
easement (the uEasement") which Easement has been recorded in the public records
of Monroe County, Flodda. The Easement remains in full force and effect and is
hereby ratified in all respects.
® Prog,ram Policy, Statements. Consistent Wth the Program and/or
Federal Aviation Administration Airport Improvement Program policies and pmcedures,
the Program Manager has developed a sedes of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescribed 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. Pavment of Prog, m Improvements. The County agrees to pay for
the Program Improvements described in Exhibit C attached hersto. The Program
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. Impeding; Competitive Bid Process. The Property Owner shall not
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 Props rty Owner is prohibited from having any
discussion or communication with the Contractor in relation to the Prograrn, the
contractors bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply Wth this prevision shall, at the option
of the County in its sale discretion, result in disqualification fmm the Program and
cancellation of this Agreement.
& 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 vAthin a time period defined by the Program Manager.
Post-Construction sponsibilities. The Property Owrier shall
meet all responsibilities and requirements pertaining to 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, coins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of all furniture and belongings into the "Designated
Storage Space Area" within the condominium, pmviding the required "clear area" (white
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Propery Owwer Noise Insuladon Agreement PW 2 of28
space in h for the Contractor. When doingW the Property Owner will have the
ability ufflize the complete "floor to calling" space.
Removing ll excessive furniture and belongings from the
condominium that WH not fit in Tesignated StorageArea";
Removing ll window and door treatments (such as blinds,
IIp drapes, shutters, . storing in "Designated
Area";
ui
Removing l electronic and dust-sensitiveitems fmm their
condominium r wrapping withr t m f storing in the "Designated
Storage Space W
Removing l l hangings (such as rn�rrors, pictures, hanging
shelves, etc.) and storing them in the "Designated Storage Space Area";
C7) Moving all small items and belongingsinto either the closets or
bathrooms as outlinedin the "Designated Storage Space Sketchm
Afterb. completion of the construction, the r shaH
meet all Post-Construction requirements to ft[ude-
(1) Moving of all furniture and belongings stored In the
"Designated r " back to it oftnal positions In he condominium-
(2) Movin ive furniture and belongingsinto
thecondominium;
(3) Re-Instaftbon of all walltreatments, door treatments
wall hangings back to their original positionsin the condominium.
W In the event the Property Owner falls to perfonnall of the
above Pro-Construction responsibilities, the Property Owner shaH be removed from NIP
participation and the Property OwnerhaH be liable the Countyr Contractor for
any and ll resulting damages andall direct and un&ect costsreWted thereto.
d. In the event the Property Owner falls to perform any and all of the
above Post-ConstrucUon responsibilities, the Property Owner shaH be liable
County un / r Contractor for any andall resulti mageslkeat and M&ect
costs related thereto.
. Impedinq Construction. Once construction of the Program
begins,Improvements the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall preven ndl
tenants cudy the Property during the construction of the Program
Improvements from impedingconstruction r altedng construction schedules. In the
event the Property Owner or any tenant occupyingthe nstruction or
Property Owner Noise Imulation Agreement Page 3 of 28
alters the construction schedule, the o ner shall be liable to the Contractor
d the our for any damages and all direct and IndIrect costsI t d thereto.
8. �.rr.Safe Working Environment. The property Owner shall be responsible
r providing a safeworking I t fbr t r, Contractor,
subcontractors, suppliers, and City, County, Statefederal in w
Throughouta. all phases of design and construction f the Program
Improvements, the Property Owner shall be responsiblefor.
Providing Iang environment that is free from potential
.health risks, blohazard conditions, hazardous cheirnicais, obstacles, un f any
Ilan and/or explosives;
RefraInIng from verbal abiuse or profanity;
Refraining I I I contact, and
insuring that all pets are completelycontained,
dW In the event the Property Owner falls meet any of the foregoing
conditions, the Programt the County'sdiscretion, be temporarfly
suspended t any time. In such event, the Programr shaii notify the Property
Owner in writing, stating the corrective ions and/or ItI nrequired to be
completed or performed by the Property Owner priort the County resumingthie
process.Program
n In the t the Programis not resurned due to the
Property Owner's failure to complete the corrective action(s) r 'ItI
required by the Program Manager, the r shall be liable to the
and/or Contractor for any and all damages and all direct and indirect I t
thereto.
. If the Program is resumed, the Property r shall be
liable to the Countyand/or Contractor for any and all damages and all direct and Indirect
costsI t to or caused by the temporary suspension of the r .
m Construction Delayd the construction period, the Contractor
may experience unforeseen II tlons reliating to the installation of the 13migram
Improvements. The t Ion contract shall provide that delays relatedto these
unforeseen complications arethe control of the Contractor and shall be cup
so that the time for completion may reasionaNya Construction schedules
may also be vie If there is a delayin awarding of the contractr If the Program
Improvements have to be re-bid in the event of lack of bidding i antractors and/or failure
f the lowest responsive, responsible bidder to executethe contract, providepayment
and performance bond r show proof of required I .
un to Scope of Work. This a n r reserves the right
to make changesto the piansspecifications un the Improvements, t It
._ _...e__....... _.®.............................. _.._—
Noisetwulation Agreementoft
sole discretion, at any time during the Program process, provided such changes do not
reduce t r quality ofthe Program Improvements described in Exhibit Q and
such changes are necessitated by the discovery of hidden conditions not 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 detennine if they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and performance issues as they relate to the Contractor, subcontractors,
supplier's and acoustic designs. The Property Owner is requested to aftend the
Substantial Completion Inspection and provide input to the Construction Manager VA'th
respect to the Identified punch-list Items. In addition, the Property Owner is welcome to
attend the Final Inspection. In the event the Property Owner, elects to not aftend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a confonnance or perfbn-nance issue, the
Property Owner shall be requiredto submit the discrepancy in writing to Monroe County
(representative to be defined before the NIP construction process) within 7 days of the
inspection giving rise to the discrepancy. Monroe County shall then make a
determination as to the acceptability of the confiormance/performance issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conformance/pe ifs rmancelissues. Fallure by the Property Owner to submit the
written complaint within the "tirne period specified above shall thereafter foreclose the
Property Owners right to file such complaint.
12. Termination of Agreement. The Property Owner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the 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 award
of the construction contract, the Property Ow,ner will be liable to the County for any and
all damages and all direct and indirect costs caused thereby.
1 ® Warranties. The County does not represent or warran't the level of
noise reduction that the Prop" Owner will experience within the Property as a result
of the Program Improvements perlbrmed as part of the Program.
a. The County agrees that its contract with the Contractor YAII include
standard one (1) year warranties from the Contractor for all materials and woll(manship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided for in Paragraph 9.
b. At the and of construction, the Program Manager will provide the
Property Owner with a Warranty & Final Closeout Package which will contain copies of
the warranty policies, product instructions, design documents and legal documents. As
a condition of receiving the Warranty & Final Closeout Package, the Property Owner
��111111........... .........—-—-—__-
P�,oper& Noise Imulation Agmment Page 5 of28
must first submit a completedI perty Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warrantypolicies r products used in the construction of the
Program Improvements i r among productmanufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future productn issues
directly ith each product manufacturer.
c. In the event of a claim, the Owner shall be solely
responsible r, and agrees to contact the Contractor or product manufacturer directly
coordinate any required warrantyservice and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
f all product or construction warranty isu ( ):
(1) The Property Owner'sinquiry is not directly related to either
construction warranties or product warranties (such as windowcleaning or product
maintenance) regardless of whether the Property Owner'sinquiry arises during the one-
year warranty period from the Contractor or thereafter,
( ) The Property Owner believes that warrantyservice is
required it ns ion warranty issues, n the one-year r n period
from the general contractor has expired;
( ) The Property Owner believes that service is requiredit
respect to product warrantyissues, the advertisedperiod r the product has
not expired, and the manufacturer is currently n in its business; and
( ) The Property Owner believes that service is requiredit
respect to product warranty issues, d the advertised Warrantyperiod for the product
has expired.
14. Pr Pre-Existing TProperty Owner will be required t
sin Exhibff Q (Deficiency old Harmless Agreement) which will impute ll
responsibility liability the Property Owner for any and all presentPre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Pre-Work Reguirements. h rty Owner Y411 be required
to complete any and all Pre-Work, as requiredy the NIPto successfully c oat
the NIPacoustic modifications. The Property Owner- ill b@ rqqyLTd to com-_Ieteall
inated Pre-Work items utilizing their own funds @Anpw the gired deadlines
established by the NIP. In the event the Property Owner falls to complete
designated items by the established l lie, the Propertyr shall
be removed from NIPparticipation the Property Owner shall be liable to the County
and/or Contractor for any andII resulting damages andII direct andindirect
related thereto.
1 . City of Key West "Hard-Wired" Smoke Alarm ui In
compliance it the Citye i Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required to install 1 - I "hard-wired" smoke alarms in their condominium i
®_....... _. ................ _ .._
Prope er Noise Imulation Agreement Page 6 oz
accordance with all applicable codes and regulationsthe mquiredliar
established bt 1 �` -IIIresponsible_ t the
woke alarms are not irw6iled in same areas vAthin the condominium where NIP
modification will occur, to avoidti 11 t. L
h9_NlPi
process. In the eventt Owner falls to install the designated " l
smoke alarms by the established1 li , the Property Owner shall be removed
from NIP participation,
17. Sugengfqn of Program Proces§. The Program process may be
temporadly suspended at any time during the designr construction phases
the I f Deficiencies due to their potential impact on the Program
Improvernents and product warranties. The Program process vAll not resume until the
OwnerProperty has corrected allrt I to the satisfaction oftProgram
Manager. In the event repairs t completed in a timely manner, the
Owner will be liable to the Countyfor any and all damages and all direct and indirect
coststo delayr stoppages of the work.
. LLimitation on AIt tl s to the Propert . The Property Owner
agreest to make alterations, r to permit any tenant occupying any portionthe
Propertyto make alterationsto the existingwindows, r walls from the time f
the Designtil the constructionf the Program Improvements have been
completed. tl ' t this I must in writingthe Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its solediscretion, It in an immediate suspensI f the construction of
the Improvements the Property. Owner will be liable to the
Countyr all direct and Indirect t associated ith unapproved alterations an
damages related thereto.
m Pre and Post-Constructionl tI r post-
construction I tesUng is a very important Program process that is designedt
measure and determine the actual achieved noiseICI reduction ICI att
properties, If selected by the Program Manager for pre- & post-constructi ise
testing, the Property Owner agrees to provideto their property fbr testing
agrees to not to make alterationsto the interior f their the ti
Deficiencies)repairs of frorn the time f the pre-construction _noisetest t t-
_ons r i test. I t lconsistent noise the
r r also agrees to preserve the interior layout.of furniture, r coverings
and 1 treatments from the time of _ t i 1 t t ,_t
post-
construction noise test., The Property Owner understandsthat the failure
this I t may result -in corruptionf the noisetesting t Therefore, the
Property Owner understandsthey liable to the County for,any direct and indirect
noise testing is in the event these requirementst met.
20. I n. As reasonablyrequested, the Property Owner shall
cooperate it t , t r and Monroe Countyin the
performance of II phases of the ProgramImprovements including, t notlimited t ,
the removal and reinstallationf rugs, wall hangings and furniture
a ..-. ..._.................... _.� ..... ...........Owner -
o' l ' n Agmement Page 7 of 28
21. Utilities. ll permit the Contractor to use, at
no t to the Contractor or the County, existing utilitieslight, heat, power and
water necessary to carry out the Program Improvements,
. Designi t I times
t l t - hours;..advance notice , the
OwnerProperty agrees to providethe Program Manager, Contractor, subcontractors,
suppliers, it , County, Stateand federal inspector's and consultants access to the
Property to collectl ll final design and bidvisits could
include, t riot be limited t , property survey, design survey, hazardous material
inspection, pre-noise testing pre-bid i it. In the event the r fails
providethe Property for it required NIPl id Process visits, the
Propertyr shall be removed from NIPi i tl n.
23. Pre-Construction Access, The Property Owner agrees to provide
access to t t r to the scheduledof NIP
construction. ts short visit will provide the Program Manager with the abilityto ensure
that the Property Owner has met all fumiture storagerr l ilit itcould
result in the suspensionof the scheduledI n t l r and the Property Owner shall
be liable the Countyt rr any and all resulting damages and all direct
and indirect costs related thereto.
24. Pre and Post Construglion Access. At scheduled times
upon t less t twenty-four (24) hours advance noticeg andlor
and r the establishedl t ion schedule assignment, the Property Owner
agmes to providethe ProgramManager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors andconsultants to the Property to provide
all required NIPt tl t- t tivisits. I
include, t not be limited to final measurement, pre-construction inspections, review of
Designated t requirements, t construction inspections t-
tr ti rr noise testing. In the t the Property Ownerfails lall
requiredlP Pre and Post Construction visits, the Property Ownershall be removed
from NIP participationthe Property Owner shall be liable to t r
Contractor for any and all resulting damages and all direct and indirect trelated
thereto.
contract, 25.
t l i _ l rr t l
tContractor --ill provide the Program Manager with their final construction
whichill include the requiredr of calendar days to completethe NIP
construction in each of the participating i i this schedule, the
ManagerProgram will assign each Property Owner withI rr t r of
calendar days in which constructionill occur in their condominium.
Owner agrees to relocatetheir condominium for the entireassigned time . In
addition, the Property Owner agrees not t re-enter their property for any mason during
their assigned construction period due to safety concems and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assignedt l time , the Property Owner shall be removed fmm NIP
e is i l Page 8 oZ
participation andthe r shall be liable to the Countyor Contractor for
any and all resulting damages and all direct and indirect It thereto.
26. Construction ri _ ,.Extension Due to Hurricanes. i the l
construction rl ill extend into the t hurricane season, there is potential for
construction lays and/or stoppages, the control of the Contractor, in the t
f m, threat of an approachinghurdcane and/or an actual hunicane event, Due to this
possibility, the Property Owner understands that delayscur in additionto their
originally assigned construction time period, without any fault or cost to the t r
and Program Manager. Furthermore, the r agrees to relocatefrom their
condominium for all additional calendar days resultingfmm NIPconstruction
stoppagesto a hurricane threat or event at no cost to the Contractorand/or
Manager.Program In the eventth Owner falls to providethe required
additional access to their condominium due to hurdcane-relatedstoppages, 'the
Property Owner shall be removed from NIPparticipation the Property Owner shall
be liable to the n r Contractorfbr any and all resulting darnagesall direct
and Indirect t'° related thereto.
i During Construction, In the
event the Contractordiscovers pre-existing fii i t the Property duringthe I
construction that negatively impact the installation f the NIPimprovements,
the r agrees to immediately it and remedlatesuch deficiencies in an
effort to reduce any negative impact on the scheduled t I d . The Property
Owner understands that, depending on the timing f t pre-existing l repair,
the l t ion pedod may need to be extended, at no It of the Program
Manager or Contractor.
Lrnp pt of hl . will i , Conditions m
_ r that ref building iti that
may anse duringthe NIP t I y have the potential to increase the ri in l
scheduled ti f construction, which is not the fault of the r r nor
Contractor. The Property Owner needs to planfor the - " possibility that the
odginally-scheduled constructioncompletion t y be delayedadditional days
due to unforeseen buildingconditions that may arlse and complicatethe NIP
construction.
® i ti c� l r t...._. t g n Blinds. The
Property Owner understands that, after the installation of new NIPacoustic window
doors, the existingin r door treatments, blinds t be
compatible rior able to be re-Installed to size differences between the new and
existing i .
Existing I_ v: uric t installationf the new
acoustic r and r , the 'l be I i 'm t " replacement
interior trim m, ills® The Property Owner understands that the NIP replacement trim
ill not match r specialized crown molding patterns and/or custom window
and door trim. r the completion f the I ` i ti , the r will
have the abilityto make modificationsthe NIPInterior tdm at their own expense.
NoiseProp"Owner Inmiation Agmement Page 9 of 28
1. Communication Requirements. The p er agrees to
read and review all NIP emails and/or letters in a timely fashion which are being
provided y the I c ul conformance. In the event the Property Owner
fallst this requirement, it couldresult in removal from NIPparticipation.
32. Title Examination. The Program Manager has obtained or will
obtain, at its sole n n , an "Abstract Title" to ensure that the
title is free from liens and/or title defects.
33. Cooperation InClearing Tltl Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order (I) correct any title defects affectingwhich are disclosed
by t "Abstract of Title" and in the sole determination hCounty serve
invalidate the Easement, and (I!) secure the written consent of any and all mortgage
holders to the Property Owners conveyance of theEasement to the County if the
County determines it is necessary or desirable to do so (collectively, the "Title
Matters"). I , prior to the commencementof construction of the Improvements,
the County, in its sole discretion, determines that the Title Matters affectingthe y
may invalidate the Easement, this Agreement shall be null and void, and the t
shall be terminated.
. Federal Assurance. As required by theI Aviation
Administration, the Propertyr agrees to the followingvisions:
a. The Property Owner shall subject the construction work
project such inspection and approval during the n t ion of the Program
Improvements and after completion of the Program Improvements as may reasonably
requestedbe the r and/or Monroe County..
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityfor maintenance and operation of the items
installed, h r constructed under this Agreement. Neither theFederal Aviation
Administration nor the County bears any responsibilityfor maintenance and operation
these items.
35. Reduction of Fresh „ it Infiltration. The Property Owner will be
requiredsin Exhlbft E (Ventilation of I s t) which imputes II
responsibility to the Property Owner for the proper maintenance of interior moisture
humidity levels.
36. Salvage of Materials & Eguipment. If the Property Owner desires
o retain any of the material or equipment removedresult of the
ProgramImprovements, the Property Owner shall arrange for the salvageof said
materials and equipmentdirectly with the Contractor at the Propertyis sole risk
expense.and oun no responsibility for the condition of the material,
equipment or surrounding surfaces a result of the owner-requestedsalvage. h
OwnerProperty and the Contractors II, prior to the commencementf construction,
agree upon and execute document listing items to be salvaged. In the absence
Pmpeny Owner Noise Insulation Agreement Page 10 of28
of such a written agreement, all it shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property ofthe Contractor.
37. Prop aOy n§urance. Dudng Program construction period, 'the
Contractor will provide builder's risk insurance fbr the Property, The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain a
homeowner's insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, fbilowing final completion, ,the
Contractors builders risk Insurance will cease, and it Is advisable for the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
38. i[afing,, and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractors
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended perlods of time.
39. Labor and Material Release, The Property Owner releases and
forever discharges any and all clms ai , suits and actions against the Program Manager;
the County and its officers, employees, agents, -consultants, and contractora and
suppliers with respect to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40 §31a1 f P In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owner's respo nsibi I fties and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver, No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquI escence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
42. Release of Easement. in t nt that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon wriften request by the County, shall pay to the County the
sum of One Hundred Dollars ($100.00) to art costs of the preparation and
recording of the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owners
responsibility to insure such payment is made in order to mclear" the title to the Property,
..............
............
-,Pmpeiv Owner Noise Imnladon Agreement all
43. Authority µExecute If Qf_Qqyfljy. By Resolution . 111-
900-4, my motioned and passed at a lawfully nnpublic meeting, the Boa;—of
County Commissioners of Monroei , on the 1 r day of March 2004, grant full
authority for the County Administrator to executetWis—Agreement on behalf of the
County i her action by the BoardCounty Commissioners.
44. N,Attachments. Attachmentsthis Agreement include Il in ,
which are incorporated into this Agreement by reference.
a. Exhibit Policy .
b. Exhibit : Legal Description
c. Exhibit C: Program Improvements.
d. ExhibitDeficiency old Harmless
e. Exhibit : Ventilation Hold Harmless Agreement
General45. Conditions.
a. v in La , n , I t„rpµµ�s: io n ,„ a s
(1) . This Agreement shall be governedy and construed in
accordanceit Laws of the State of Florida applicableto contracts made andto be
performed entirely in the State.
( ) In the event that any causeion or administrative
proceedingis instituted r the enforcement or interpretation of this Agreement, the
County Owner agree that venue will lie in the appropriate r before
the appropriateadministrative in Monroe County, Florida.
( ) The Countyn r agree that, in the event
conflicting interpretations h terms or a term of this Agreement by'or between any o
them, the issue shall be submittedto mediation pdor to the institution of any other
administrativer legal proceeding.
( ) The County and Property Owner agree that in the event any
cause of ion or administrative proceeding is initiated r defended by any
relative to the enforcement or interpretation of this t, the prevailingparty hall
be entitled to reasonableattorneys' fees, court costs, investigative, and out-of-pocket
expenses, as n award against the non-prevailing party. Medi ti c e in s
initiated u t to this n II be in accordancewith the
Florida Rules of Civil Procedure and usual and customarys required by the
circuit court of Monroe County.
b. Bindimi Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, n i n .
Property Ovvner Noise I to ' e t Page 12oft
c. Severability, If any term, covenant, condition, or provision of this
Agreement ( r the application thereof to any circumstance or-person) shall be declared
invalid or unenforceable to any extent by a courtf competent'jurisdiction, the remaining
terms, covenants, conditions and provisionsthis Agreement shall not-be affect6d
thereby, and eachremaining covenant, condition and provision of this Agreement
shall be valid II be enforceablethe fullest extent permitted by law unlessthe
enforcement f the remainings, covenants, conditions and provisions of this
Agreementld prevent the accomplishmentof the original intent of this Agreement.
d. Author! Each party representsn ar s to the other that the
execution, delivery and performance of this Agreement haveduly authorized by all
necessaryoutOwner action, as may be requiredlaw.
e. __Durationn . This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
Countythe h ll remain in effect for a periodreasonably required to effectthe
Program Improvements (the uTerm"), except as may be sooner terminated i
accordanceit the provisions of this .
. Acceptance of Gifts Grants Assistanc Funds, or guests. The
County n rty Owner agree that each shall b , and i , empowered to acceptr
the benefit of anyr all of them, gifts, i funds, or bequests to be used
r the purposesf this Agreement.
g. Claims for Federal or State Aid. The Countyr
agree that each shall be, and i , empowered to apply fo r, seek, and obtain federal and
state funds to further the purposethisprovided that all applications,
requests, grant proposals, and funding lici i the y Owner shall be
approved y the Countyr to submission.
. Adjudication of Di or is, ree n . TheCounty
OwnerProperty agree that all disputes andi II be attemptedo be
resolved by meet and confer sessions tiv f each of the parties.
If the issue r issues are still not resolved to the satisfaction of the parties, then any
party II have the right to seek such relief or remedy as may be providedthis
Agreement or by Floridalaw.
i, Nondiscrimination. The Countyr that
t ill adiscriminationagainst any person, and it is expressly understoodthat
upon a determination urt of competent jurisdiction that discrimination
occurred, this Agreement automatically terminatesit y further action on the part
f.any party, effective the date of the court order. The County and Property Owner
complyagree to i II Federal and Floridats, and all local ordinances,
applicable, I tin o nondicri . i nation. These include but are not limited o: (1) Title
I of the Civil Rights Act of 1 ( . -3 ) which prohibits discriminationthe
basisf race, color or national origin; ( ) Section 504 of the Rehabilitationof 1973,
s amended ( U.S.C. s. ), which prohibits discrimination on the basisn i ;
( ) The Age Discrimination1975, as amended ( 1 - 1 ), which
®.........
� . . _........ _..._ ............. __....
Noise1 tion Agnment Page 13 o
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616). as amended, relatlng to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Amedcans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability, (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509-092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination; (9) The Monroe
County Human Rights Ordinance (Chapter 1314, Article VIll Sections 13-101 through
13-130), as may be amended from time to time, relating to nondiscHmination; and (10)
any other nondiscrim ire ation provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, perfbrmance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books Records, and Documents. The County and Property Owner
shaII maintain books, reconis, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the termination of this Agreement.
I. Covenant of No Interest. The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
I n this Agreement.
® Code of Ethics. The County agrees that the officers and
empl yees of the County recognize and will be required to comply with the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
busI ness with one's agency, unauthorized compensation; rnisuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
PropMy Owner Noise to on Agreement Page 14 of 28
n. No Solicitation/Pavmnnt The County and Property Owner war-rant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other then a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the rightto terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
® Public 'Access, The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner, Public Records Compliance. Property Owner must
compI y with 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 contract and
related to contract performance. The Gounty shall have the right to unilaterally cancel
this contmct 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
term fa court proceeding and shall, as a prevailing paity, be entitled to reimbursement
of all attorney's fees and costs associated with that proceeding. This provision shall
survive any,tenn Iwo ation or expiration of the contract.
The Property Owner is encouraged to consult with its advisors about
Florida Public Records Law in oi,der to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the Countys custodian of records, provide the
County with a copy 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 othervAse provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
........... ..........................
Noperty Owner Noise Inniation Agreement Page 15 of28
authorized by law for the durationf the contract term and following compl ti w f the
contractif the Property Owner does not transfer the records to the .
Upon pl tip f the contract, transfer, at no cost, to the
Countyli public records in i the r or keep and maintain
public that would be required the to perform the service. if "the
OwnerProperty transfers ll public records to the Countycompletion f the
contract, the Propertyr shall destroy any duplicatepublic that are exempt
r confidentiala exempt fmrn public records disclosurerequirements. If the Property
Owner keeps and maintainspublic records l ti f the contract, the
OwnerProperty shall t all applicable I t for retaining public r All
storedrecords l ni Il t be providedto the County, upon request from the
w7ty's custodian of records, in a fbrmat that is compatiblewith the information
technology syst the tw
request to inspect r copy publicrecords l tl to a County
contract must be made directlythe County, but if the Countyt possess the
requested records, t n ll immediately notify the Property Owneroft
request, and the r must provide the records to the Countyr allow the
records to be inspected or copied within a reasonabletime.
If the r has questionsregarding the application f
Chapter 119, Florida Statutes, t t to providepublic
relating to this witcontact the Custodian of Publip Records, Brian Bradley at
.
p. l r of Immunity. Notwithstandingthe provisionsf See.
Florida768.28, tut , the participationf the County and Property Owner in this
Agreement and the acquisitionf any mmmerclal liability insurance
r local government liability insurance pool coverage shall not be
deemed a waiver of immunity the County to the t of liability , nor shall
contractany t into the rat i to containy provision for waiver.
q. F�nvjleges and Immunities. li of the privileges immunities
liability; exemptions fmm laws, oiUlnances, and rules, pensions w1 r li f, disability,
workers' compensation, th r benefits which apply to the activityf officers, agents,
volunteers, or employees of the County, when performingtheir respective functions
tinder this t within the territorial limits f the County shall apply to the
degree and wit to the performance of such functions and duti f such officers,
agents, volunteers, or employees outsidethe territorial limits f the .
r. LOW Obligationsu and Responsibilitlel _X[qn of
Constitutional or t t w tw i Agreement i not intended to, r shall it
tw , relieving any i t tinentity from any obligation or responsibility
imposed the entity y law except to the extent of actual and timely w
thereof by any other participating entity, in which case the performance may be
in satisfaction of the obligation or responsibility, Further, this w is not intended
o
t , nor shall it be construed , authorizing the delegation of the constitutional or
statutory tl f the County, except to the extent permitted by the Floridan titti ,
Propeny Owner Noise Inm1ation Agreement Page 16 o2
state statutes, ul fly, the provisions of Chapters 125 and163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms,, or any of them, Tf ' Agreement to enforce or attempt to
enforce y third-party claim or ea tits un i t to or benefft of any service or program
contemplated r, and the County andProperty r that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, n 1, r otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlementsr benefits r this Agreement
separate rg inferior t , or supedor to the community in n r l or for the
purposesu t t n this r t.
r soup require in t u t
t. ft tw r t
documents t� obligations
and duties of the Countyr Property Owner under this a t.
W No PersonqL Liability. No covenant or agreement contained herein
shall be deemed to be a covenant t r agreement of any member, ofricer, agent or
employee y t Monroe Countyin his r her individual capacity, and no member, officer,
agent or employee of Monroel be liable ul our this a nt or be
subject to any personal liability r accountability by reason of the execution of this
Agreement.
. Execution in ut r _. This Agreement may be executedin
y number of counterparts, each of which shall be regarded ortginW, all of which
taken together l urm tit e one andthe u m instrument n f the parties
hersto may executethis Agreement by signing anycounterpart.
w. �- urmrm _.__ imp . t n v inserted i this
Agreement r t n u of reference only, and it is agreed that such
sectionul t a part of this r ur t and WH not be used in the
interpretation of anyi this r nt.
_......... ®...... _...... «.
Peopeny r Noise AmIationent Page 17 of 2
IN WITNESS , the Property Owner and the County have
executed this Agreement as of the day and year first above written.
I Signature
bo
L
-.. - .
Printed Name
rin ik
_ rre
i4�1
r
a7l
a
r_ I
Mn-.
WITNESSES: :
I
I
Signature
i;
Signature
i
OUNTY BOARD
OF COUNTY COMMISSIONERS:
MAYOR 1 CHAIRMAN:
Sylvia J. Murphy
F A , CLERK
I y:
=m r.
--------
a. sDeputy Clerk Signature
o �FCOL i
k� #Nopert � r
............_........... ..._.
AS I
f
` TJ` ir
PROGRAM POLICY STATEMENTS
Exh I bit
NoiseTo
Property Owner l i
A. Air nit' i General Restrictions. Whileproviding now ductless "mini-
split" AC system 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 ill be installed on the balcony
2. II refrigerant lines (running from the balcony condensing unit) Will be installed
consistent with KWBTSBoard policy rules, maintaining i u height of 48
inches.
. All condensate lines will be installed on the building exterior consistent with KWBTS
Board policy rules to ensurethe highest level of consistency and building
architectural aesthetics.
. All interior AC lines (reftigerant, condensate, l dcal) and Energy Recovery
Ventilator ( ) ducts will be housedin new vertical wall and comer pilasters which
will be constructedto matrh the quality of existing walls. The number and locations
of the new vertical wall and comer pilasters Y411 differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive hits will
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determinedy the Program Manager to be
deficient ill be replacedthe Program as a part of the Noise Insulation Program
modifications.
B. _Window Sill Repic u o the presence of asbestos, the NIP V411 provide a
now custom wood surround and sill instead of the existing gypsum board surround. Due
to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.
This revision will be an improvement, while decreasingconstriction costs and Improving
time efficlencles.
C. Custom Crown Ilo and Baseboards Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originallye ), which will not
allow sufficient time r the awarded general contractor to secure custom matched
replacement trim. Therefore, existing. crown moldings, all trim, and base, the
contractor will, instead, cut the existing woodtrim flush to the a of the now pilaster or
thru wall c-Infill. At new pilaster locations and, If the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard ( " x 5-1121 painted woodtrim t
abut the existing trim, r than attempting to match the existing custom trim profiles
and materials. After the completion of the NIP construction, the property owner will
. .... _........ ....... . e......__....: __....... ............
___
Fah ibit A-Aropeny Owner Noise Insulation Agreement Page 1
have the option to replacethe installed trim with th r custom trim to matchthe existing
materials and files.
D. Door Threshqld _l ri nFloridaimpact andwater
infiltration buildingII new aluminum ustic l prime entry swinging o
sliding I patio doors will have thresholds that are considerablyhigher (from
floor) than existing door thresholds. These higher door thresholds are designed
provideoptimum protection to the interior of a condominiumfrom water ini'lltration during
hurricane.
E. IKWBTS AsbestosTesting
As required state and federal requirements, d asbestos testing on all
participating iniu in Buildings A, B and C duringthe November 2017
to April 2018 time period. This testing included collecting samples at each
condominium to include gypsum board joint compound, window glazing, and exterior
window n oor caulking. In addition, random. exterior stucco sampleswere II
n both the Valkwayn and "courtyard / lcicbuilding elevations.
Depending on the laboratory anal si of these samples, the presenceasbestos
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,
ceiling cuts required fbr installation f the ductless AC,
wall cuts required for the installation of the ductless AC,
construction of vertical wall pilasters required for installation of the ductless
systemAC V ducts,
construction of closet soffit for installation of the ERV.
. _Asbestos Abatement Reguirements;
In the event any samplesshow presence of asbestoscontaining material (ACM), the
awarded NIP contractor will be requiredto perform the following abatement
requirements rin construction:
If sampl show c_ < 1
The NIP contractor will be required to comply it r safety requirements t
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use vacuum c!eaners in the areas where surfaces am chipped, cut
and/or sanded.
Exhibit -Propeny Owner Noise ImWationZ of2
If am v1 y1
The NIP contractor will be requiredfull asbestos abatement procedures as
directedthe Environmental Protection Agency (EPA)to include:
Construction f ACM containment barriers in all areas (walls, ceilings, closets,
i rs), approximately 4 feet from all walls and areas impacted
the NIPmodifications.
Abatementnd bagging o (resuffing from demolitionprocess) by
certified b b t .
ir sampling of containments and clearanceof all areas by certified
asbestos abatement staff to allows to containment areas by traditional
(non-abatement) .
- THC will be requiredprovide iv oversight I! ACM abatement
processes in all condominiums throughout the I n r ion process t
ensure proper compliance with federal and state t t guidelines.
- The presencef ACM will have a significant impact on the NIPconstruction
process, lengthening the n ru ion period and increasing the sequencing
and coordination i nt contractor crews.
Given the cost to providei t abatement procedures, the FAA
ill require THC to developdesign construction plan that minimizes the
disturbance of ACM to ensurethe minimization of construction costs,
duration, liability to the contractor and KWBTS property owners. This plan
ill result in new property owner requirements and designrestrictions is
are outlined below.
BOARD-AuthorityH. KWBTS .I ill have the
Authority to make several of the Program designdecisions include:
1. Acoustical Window andDoor Matedal
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Interior I ini- lit"AC SystemInstallation Requi
5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement
. In-Filled itch riDoor Policy Treatment
® ..... _......... _.�............._ .___..........«.... _ _...._
ibis -Pmpeny Owner Noise Inm1adon21 of 28
LEGAL DESCRIPTION
Exhibit
NoiseTo
Homeowner ti
Unit No. - , CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
7 , as amended from time to time, and the Condominium Plans recorded in Graphics
Book 1, of the Public Records of Monroe County, Florida.
. �__ _... __....
Exhibit B- Omer Noise InsulationAgreement Page 22 of 2
PROGRAM IMPROVEMENTS
InsulationExhibit C
To
Homeowner Noise
This gKhibit 1P represents the Program Improvement package for an eligiblethat
includes the Program Improvements l r to reduce the
interior l 11 of five I ®
typical Program Improvement package may include:
ArchitecturalI
Replacement Aluminum Acoustical Windows
Replacementl I Acoustical Swinging
Replacement Aluminum AcousticalSliding Glass
_. ......... ...... _,...
Exhibit C-Property Opmer Noise Insulddon Agreement Page 23 n2
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Propefty Owner Noise Insulation Agreernei,,d
1 In partial consideration of the compensation to be paid on behalf of the
County and the r the ProgramImprovements to be made to the Property
described in the rat of even dateherewith (tuAgreemenf') between the County
Ownerand Property and to whichthis -Exhibit-_ # , for and on
behalf f the the i , personal representatives,
assigns of the undersigned, forever releases, romises, discharges, indemnifies n
covenantsof to , institute l i against, or institute any proceedi ire , the
County, or any of its agents, officers, employees, oonsultarft and/or contractors
concerning any and all claims, demands, damages, actionsf action of
whatsoever kind and naturenn account of bodilyi ' r death, damage to ,
and the consequences thereof, and anythe foregoing i ,n may accrue to
uridersigned or their respective heirs, personal representatives, successors and assignsin
connection m ll Pre-Existing (t "Deficiencies") agai I
County or any of ° r , employees, consultants and/orcontractor's
legally liable.
= The Property Owner, understands and assumes full responsibility fort
Deficienciesin the Property, whottiervisible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include any
deficiencies t in the t the time execution # i rnt which could
include, t be limited , code violations, # I darnage, watermoisture
damage, hazardous materials, infestation and/or any issue that would negativelyimpact
the installation and perfor f the Program Impmvements.
4. If visible, the Property Owner understands that the Program Manager may
identify # Deficiencies at any time throughout the Program process
(including desid and construction processes). if identified r # , the
Programn ill classify the ° 1 i It r U I or"Severe".
5. The Property Owner assurnes full responsibility for the worseningf any
Minordocumented
6. In the event " n Deficiencies areidentified dudng the design
process, the to 1 te necessary repairs to the Property, t
the of the , as a preconditionthe commencement of
construction of the Improvements. In the nt that re" Deficienci
are uncovered duringthe r # i period, the r agrees to complete
_.............. _ . . _................ __ ......_.. �..._ _ . _.
Exhibit -Propeny Owner Noise Insulation Agreement Page 24 of2
repairsnecessary o the , to the acceptanceof the Program Manager to
minimize I r stoppages.of work.
. The undersignedI that all of the releasen I
harmlessinde'mnity provisions set forth in Paragraph I of this Exhibit Q apply
property damage, injuries, deaths, or damages adsingt Deficiencies and/or all
negative impacts that later result after the addition of the Program Improvements. The
provisions this Exhibit Q shall survive termination r expiration of the Property
Owner Noise Insulation nt.
8. The undersigned t the terms and provisionsf this Exhibit
_ shall be bindingupon, and inure to the benefit of the uhdersignedn their respective
heirs, on I representatives, successors andsins.
E
ss
w :: , ,.
Signature y
Printed Name
Printed afrn&
i -store
rfn Name
_.... _ .......... _ .... .............
WITNESSES: PROPERTY OWNER:
Signature w
Printed Name »„
�..� - ,.......
Printed Name
Signature
Date
Printed Name
..............
WITNESSES: PROPERTY OWNER:
Signature
i
Signature
Printed a __.
j Printed Name
Signature
I
o
Pfin Name
....___ ...... ....... __..........._
Exhibit D-Property Owner Noise Inmiation Agreement Page 25 of 28
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
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
descdbed in the Agreement of even date herevWth (the "Agreement") between the County
and Property Owner and to which this Exhibit E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifles 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
conceming any and all claims, demands, damages, actions or causes of action of.
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accnie to
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the "Deficlenclesm) against
said County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of "through-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split' it conditioning system. Because
these modifications Wit result in a tighter Interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurdng in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
will provide an adequate exchange of inside / outside air to the condominium as
required by building code.
3. Given the tightened intedor environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited,
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moisture generation in the Interior environment f a condominium, the Property Owner
agrees to assume full responsibility for ensudng that all bathrooms have an operable
bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small Ili that was designed to allow the passive exhaust of
Exhibit E-Propeny Owner Noise Inmiation Agmement Page 26 of28
bathroomoistu in a central building exhaust shaft. Duringthe Program design
survey process it was discoveredh it i s lack a solidcentral building
exhaust to this existing ii , these original wall v (if still )
have the potential to provide a pathway for unwanted ir, smoke for gases into the
condominium interior. The Property Owner agrees to assumefull responsibility for the
sealing original wall vents in all bathrooms and for any and all negative impacts that
may It if left untreated.
5. It is clearly a buildingviolation to duct laundry dryer exhaust to the
KW13TS central exhaust . In the event a Property Owner has incorrectly
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correct this deficiency by properlyexhausting it laundry dryer exhaust in an
alternative et that meets current buildingtheir cost before the initiation
the Program construction process. Furthermore, the Property Owner agrees to assume
any and all liability I t to the improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the Program Improvements ill not
address kitchen and bathroom ventilation for excessive interior humidity levels
generated the Property Owner within the interior of the condominium. The Property
Owner understands and assumesfull responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence or worsening of moisturel for interior humidity
levels in the In addition, the Property Owner agrees to assume full
responsibility r the maintenancen operation of the I venting ifi tions after
completion of the Program Improvements.
. The undersigned n l d agree that all of the release, hold
harmlessindemnity provisions set forth in Paragraph 1 of this Exhibit E applyo
injuries, deaths, or damages sustained in connection with or as a resultn n II
interior ventilation fii nciarising r the addition -the Program Improvements
including, but not limited t , high humidity, I it for lack of proper exhaust
ventilation. vision this !t E shall survive thetermination r expiration o
Ownerthe Property Noise Insulation ent.
B. The undersigned hereby agree that the terms and provisions of this
_ExhibitE shall be bindingupon and inure benefit of the undersigned and their
respective heirs, personal representatives, successors n assigns.
FWI1 ___
e
Signatu SI,
re _ w„
VV,
Printed Name r,� ._
Rd tiF Name
Sig atur®
. 7 L
Rnted Name
...... ._. . ...
... ..®.... -----
Exhibit E-Property Owmer Noise Insulation Agmment Page 27 of 28
�_ _ ......
OWNER:WITNESSES: PROPERTY
Ina ,
Signature
do
Printed _._.
Signature
Date
do
............ _ _. ....... _..®___..._........................
._. �
IT E E ........m P P E
Signature
Signature
Printed a
Printed
��s�. uu�auuuuu�a�a�.
Signature
.......
t
n ted Name
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Exhibit E-Propeny OKmer Noise Imulation e 28 of2