09/18/2019 Agreement/Easement-C305 �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
e_r9pared By and ReLurn :
Heather P. Faubert
I sis nt j ct na r trz ii:z
TH , Inc. 4
710 Dacula ., Suit 15 Deed Doe StwV Moo
Dacula, GA 30019RW and R000rded in Offir` o
AVIGATION EASEMENT
Key West International Airport
Noiseul
of
THISEASEMENT AGREEMENT is entered into this day ofs ,.,, g ,
20 _ , by" THY S. BUCZYNSKI &ANNE MARIE ", hereinafter referred to
as "the Property Owner," in favor of the MONROE COUNTYO F COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to as " C ."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("the Property")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 35-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as street address: "2601 S. RooseveltBlvd., Unit "
B. The BOCC is the owner and operatorof Key West International Airport("the Airport")and
desires to make properties that, through interior noise exposure testing, are detennined
incompatible as a result of their exposure aircraft noise compatible for residential
purposes through the implementation of a Noise Insulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
Improvements and modifications to the Property Owner's Property necessary to reduce
int dor noise levels at least 5 dB and to bdng the average interior noise level below 45
dB in accordance with Federal Aviation Administration policy. Granting of an Avi ation
Easement ("Easement") is a BOCCcondition of participation in the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding'from the United States ovment
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacityas the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Owner Noise Insulation Agreement with the BOCC. The 's implementation of the
kwwem I flonsl I —Avl tlon a t(u nft ) Page 1 of 4
NIP will benefit the Property Owner and the Property by providingcertain dial sound
attenuation construction on all eligible sini I structures on the property necessary
to achieve reduction in DNL indoor noise levels of at least 5 dB and biringaverage
intedor noise level el in accordance withI Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility l change at some future
time, but is currently based an the 2013Existing on ition Noise Exposure
accepted the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordance withthe current r 5100.38, Airport
Improvement Program Handbook.
H. it is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, terms as hereinafter set forth.
THEREFORE,NOW forand in consideration of the improvements to be made to the Subject
Property through the NIP,the receipt and adequacy of which is hereby acknowledgedboth
parties, 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, dos hereby grant, bargain, sell and convey to the BOCC, its
successorsi n , a perpetual avigation easementr the . The use
of the Easement shall include the right to generate and emit noise and to cause other
effects as may be associatedwith the operationi v r or in the vicinity the
property. This Easement shall apply to all such aircraft activity t the Airport, present or
in whatever form or type, during operation at, on, to or from the Airport, and it i ng
the intent of the parties that all such Airport activity shall be deemedto be included
'thin the purviewof this Easement.
. This Easement shall be perpetual in natureII bind and run withthe title to the
propertyand shall run to the benefit of the r its successorininterest as owner and
operator of the Airport.
. The Property Owner on behalf of the Property Owner, its heirs, assigns
in interest, o hereby releasethe BOCC, and any and all related partiesthe ,
including but not limited ice ,
employees and lessees, any and all claims, demands, damages, debts, liabilities,
y's fees or causes of action of everykind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
r will in the future possess, result f Airport operations or aircraft activities
noise levels relat r generated by Airport activity, or may hereafter have as a result
f use of this Easement, including but not-li i to damage to the above-mentioned
property r contiguous property due to noise, and other effects of the operationthe
Airportor of aircraft landing or taking the Airport.
Wed International Arport NIP—Avlgstion Easement(unit ) Page 2 of
. This Easement expressly excludes and reserves to the Property Owner and to the
Property Owners heirs, assignsn successors in interest, claims, demands,
damages, bts, liabilities, costs, ' or 's fee, or causes of action for
physical damage or personal injury n i or part of any aircraft using
the Easement that does identifiable physic 1 damage to the property or injury to a person
n the property by cominginto direct physical contact withr the person o
the property.
5. Should either party heretor any of their successors r assigns in interest retain
counsel to enforce any of the provisions hereint protect its interest in any matter
arising undr hi nt, orto recoverdamagesy reason of any alleged breach of
any vision of thisAgreement, the prevailing party shall be entitledto all costs,
damages and expenses incurred Including, not limited t , attomey's fees and costs
incurred in connection therewith, including p ll ion.
vision of thisAgreement is to be interpreted for or against any party becausethat
party r that partys legal representative drafted such provision. This Agreement shall be
interpreted nd construed accordingto the laws of the State of Florida.
7 No breach of any provision of this Agreement may be waivedunless in writing. Waiver of
any one breachvision of this Agreement shall not be deemedto be a waiver
of any other breacht or any other provision of this Agreement. ThisAgreement
y be amended only by written instrument executedthe partiesin interest at the
time of the modification. In the event that.that .any one or more covenant, condition or
provision contained hereinis held invalid, i or illegal by any court of competent
jurisdiction, the II be deemed sever-ablefrom the remainder of this Agreement
and shall in no way affect, impair or invalidate an other provision hereof so long as the
remaining visions do not matedally alter the rights n li tions of the parties. i
such condition, covenant or other provision shall be deemedinvalid this scope or
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the r breadth permittedlaw.
B. In the event the Airport shall be subdivided into more than oneI, or the Airport or
portion thereofj to operation, management or administration by a party
in additionr in lieu h , then and in that event the partiese
shall not tenninate or otherwise affectthis Agreement so long as a portion of the Airport
continues r standard airportflight purposes, and that any such successor
in interest the BOCC shall be entitledto all of t fits running to the BOCC
hereunder.
Property9. The r agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingtin ny sound attenuation t I equipment
installed in the Propertyr on behalfthe BOCC.
Key West International Airport NIP—Avlgation Easement(Unit 05) Page 3 of
This Easement Agreement is executedi v ri .
.�._ __........_ _.. , _... ........— r.
OWNER: PROPIRTY OWNER:
t �
Signaire �
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PdnW Name . Printed. Whis
Date Data ,
STATE
COUNTY OF
i
The foregoing instrument was acknovAedgedme this ' axis 1'so ruin ��uux� �w' �c axi
,
by
I
-__ Commission
L Wallace
�ry Public Ig e., 2
t"xpi�s 03131129�1
EC0 V F � V Cr
WITNESSES: MAY n�er,9 e
Signature S,
Printed Name __. A i ,
s
Pain
Signature
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Printed NamSTATE OF FLORIDA
I
COUNTY
F MONROE
The foregoing Instrument was acknovAedged before me this
by „h�-
N� Annn�
i
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
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- y mist Expires:
ry Public—Signature
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Key West Intematlonal Airport—NIP—Avlgatlon Easement(Unit#C305) « a e 4 of
Daft
, � �
Address: _Key West by,,,
Unit ..
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEsT INTERNATIONAL E COUNTY
THIS 1 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 NProperty Owner).
I
the Property Owner is the sole record owner in fee simple of
certain al property located in the City of Key West, Countyof Monroe, to of Florida,
and more particularly described on Ekh1bit B attachedto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key
International Airport (the " it ), situated in the City of Key West, County of Monroe,
State Florida, and in close proximityto the Property, and
the County desiresto obtain and preserve r 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
the Property Owner has elected toparticipate in the Key West
International Airport's oise Insulation Program (the " ") and, as part of the
the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularly described on Exhibit C attached
hereto (the "Program Improvements"); i Improvements o be paidfor by the
County no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the ; and
WHEREAS, the County will enter into a construction contract with
general contractor (the ont ri') to provide the installation of the Program
Improvements; n
WHEREAS, the Program is managed by the consultant team consisting of
a tom manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County (the "Program Manager");
and
the Property Owner and the Countymutually desire to agree
to the terrns upon which the Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
THEREFORE, in consideration of the terms, covenantsand
conditions set forth herein, and other good and valuable ni a tion, the receipt and
Poppeny Owner Noise Imulai'm Agmemew Page 1 of2
sufficlency 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 mEasementm) 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. Program Policy Statements. Consistent with tl'ie Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
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 ExhibitA.
3. Pa gyril'Lent of Program IMprgyqments. The County agrees to pay for
the Program Improvements described in Exhibit C attached hereto. The Prograrn
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. ImpLedin ve B Pmcess. h Te Property Owner ll nt
shao
— Ling Competii id t
impede or interfere with the Contractoes 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
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the County in its sole discretion, result in disqualification fmm the Program and
cancellation of this Agreement.
5. Construction Cont.vutract. 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 period defined by the Program Manager.
Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and requirements pertain! g Fo6t re-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 '310esignated
Storage Space Area" within the condominium, providing the required "clear area" (white
.............
PMp&V Owner Noise Insulation Agreement Page 2 oft
space in sketch) for the Contractor. When doing , the Property Owner will have the
ability till the completeTo or to ceiling" space.
( ) Removing of all excessive furniturebelongings the
condominium that will not fit in t "Designated St ';
( ) Removing all window anddoor treatments (such as blinds,
plantation shutters, c.) storingthemin i n
";
( ) Removing all electronic andt- n iiv items from their
condominium or wrapping withiv l storing i "Designated
Storage Space Area";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storingin t "Designated Sto a ";
( ) Moving all small items and belongingsinto either the closets or
bathrooms li in the "Designated Storage "
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 Storage Space their original positions in the condominium:
the condominium; , ( ) Moving of any excessive iture and belongings back into
( ) Re-installation of all wall treatments, door treatments an
II hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above Pro-Construction responsibilities, the PropertyOwner shall be removed from NIP
participation the Property Owner shall be liable to the for Contractor for
any and II resulting damages andall direct and indirect I thereto.
d. In the v y Owner falls to perform any and all of the
above - n ion responsibilities, the Property Owner shall be liable to the
County and/or Contractor for any and all resulting damages andII direct and indirect
costs related thereto.
. I i Construction. Once construction of the Program
Improvements beg 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 duringion of the Program
Improvements from impeding nst ion or altering construction schedules. In the
eventthe r or any tenant occupyingthe Property impedes construction or
NoiseP�Vpem Owner lati t Page 3 of28
alters the construction schedule, the Property Owner shall be liable the Contractor
and the County r any damagesall direct andindirect I thereto.
8. Safe Working Environment. The Property Owner shall be responsible
for providing a safe workingnvi n t for the Program Manager, Contractor,
subcontractors, lie it , County, n I inspectors.
a. Throughout ll phases of designconstruction of the Program
Improvements, the Property Owner shall be responsibler:
(1) Providing a workingenvironment is free from potential
health risks, blohazard conditions, o chemicals, s l s, weapons of any
kinand/or explosives;
( ) Refraining from verbal abuse orprofanity;
( ) Refraining from aggressivephysical t n
( ) Insuring that II pets are completelysecured andn in .
b. In the eventthe Property Owner fails to meet any of the foregoing
conditions, the ony's discretion, be temporarily
suspendedi . In suchevent, the Program Manager shall notify the Property
Owner in writing, tin the correctiveaction(s) and/or condition(s) required
completed or performed by the Property Owner prior to the Countyi the
process.Program
. In the eventthe Program process is not resumed due to the
Property is failure to completethe iv ion( ) and/or condition(s)
required y the Program Manager, the Property Owner shall be liable o the County
and/or Contractor for any and all damages and all direct andindirect I t
thereto.
. If the Program processis resumed, the Property Owner shall be
liable ofand/or Contractor for any andII damages and all direct and indirect
costs related to or caused by the temporary suspensionthe Program process.
9. wwC- onstruction Delads. During the construction period, the Contractor
may experience unforeseen complicationsrelating to the installation
Improvements. The construction contract shall provide that delays relatedto these
unforeseen complicationsthe control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revisedif there is a delayin awardingr if the Program
Improvements have to be re-bidin the event of lack of bidding contractorsand/or failure
of the lowest responsive, responsible bidder to execute the contract, t
and performance and or show proof of requiredinsurance.
10. Changes to Siggpe of Work. The Program Manager reserves the right
o make changesto the plansc° is tin the ProgramImprovements, its
P�rqperty Owner Noise Imulation Agreement Page 4 of 28
sole discretion, i ri the Program process, provided such changes not
duce the scope or quality of the Program Improvements descri i i _iC and
such changes are necessitatedbyte discovery of hiddenconditions not readily
detectable during I property inspection procedures.
11. Acceptance of Work. Upon completionf the Program Improvements,
Managerthe Program shall inspect or cause the inspection of the Program
Improvements t r i if they were completedu to the terms of the
contract. The Program Manager retains sole discretiont o program
conformance n issues they relateo the Contractor, subcontractors,
suppliers tic designs. The Property Owner is requestedthe
Substantial Completion Inspection and provideinput to the Construction Manager with
respect to the identified punch-lit items. In addition, the Property Owner is welcomet
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they I n r their ability to
provide input to the Construction Manager With respectto the n the
Program Improvements. In the event there is a disagreementthe Property
Owner and ther as to a conformancer performance issue, the
OwnerProperty shall be requiredto submit the discrepancyin writingto Monroe County
(representative to be defined belbre the NIPconstructionprocess) within 7 days of the
inspection giving rise to the discrepancy. n oun II then make
deterTnination as to the acceptability of the confbrmance/performanceissue
remedial action that may need to be taken. Monroe CountyII be the final arbiter o
any conformancatperformancefissues. Failure by the Property Owner to submit
written complaint withinthe time period specified v II thereafter foreclose the
Property Owners right to file such complaint.
1 . Terminationo g n . The Propertyr understands that
the signing hi initiates h the BIDnCONSTRUCTION PHASES of
the Program Improvements to be performed in accordancei the Program.
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
impedes the progress of thef the Program Improvements r the award
of the construction contract, the Property Owner will be liable to the County r any and
all damages andII direct and i !rect costs caused .
1 . _Warranties. The Countyo not represent or warrant the level
noise reduction that the Property Owner will experience within the Property as a result
of the Program Improvements performed as part of the Program.
a. The County s that its contract with the Contractor will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year my period shall commence as of the time f the
work as provided for in Paragraph 9.
the end of construction, the Program Manager will provide the
OwnerProperty with a Warranty & Final Closeout Package which will contain copies
the my policies, product instructions, design documentsn legal documents. As
condition receiving Final Closeout Package, the Property Owner
Propeny Ownr No&e Imuladonend Page 5 of 28
must first submit a completed NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the WarTanty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements differ among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly to
coordinate any mquired warranty service and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and fbr resolution
of all product or constniction warranty issue(s):
(1) The Property Owner's inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maIt enance) regardless of whether the Property Owners inquiry arises during the one-
year warranty pedod from the Contractor or thereafter;
(2) The Property Owner believes that warranty service is
requI red with respect to construction warranty issues, and the one-year warranty pedod
from the general contractor has expired;
(3) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty pedod for the product has
not expired, and the manufacturer is currently conducting its business; and
(4) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
14. Pre-ExIst ink Defurl es. The Property Owner will be required to
sI gn Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all
responsibility and liability to the Property Owner for any and all present Pre-Existing
Deficiencies at the Property, whether seen or unseen.
15. Pre-Work R%ligirernents. The Property Owner Illy required
to complete any and all Pre-Wod,� as required by the NIP to successftilly accommodate
the NIP acoustic modifications. The Propeqy_Qwner will be recLul
-p-gutft _As'
established by the NIP. In the event the Property Owner falls to complete the
aiiij; t Pre-Work7kims by the established NIP deadline, 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.
16. Qjjjt of Key West "Hard-Wired" Smoke Ala r qyjrement.,
In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
requI red to install 120-volt "hard-wired" smolce alarms in their condominium in
Anopeny Owner Noise Inniation Agmement Page 6 of 28
accordance ith all applicable codes and regulationsthe requiredling as
established bthe 1 . : he e tnerwill t t thsmoke 1 w ll iib
twt_ � w l _
modification rtrtrt11 , t i v.., tl II i edance _to the NIP construction
. In the event the Property Owner falls t it the designated "ha
smoke alarms by the establishedI ll , the Property Owner shall be removed
from NIP participation.
t w w f aThe Program process may be
temporarily suse n t any time during the designr construction
the i Deficiencies to their potential impact on the Program
Improvements n warranties. The Program process will not resume until the
OwnerProperty has corrected all related problemsto the satisfactionf the
Manager. In the t repairs are not completed 11-1 a timely m, , the
Owner will be liable to the Countyfor any and all damages and all direct andindirect
costs dueto delay r stoppages of the W
18. Limitationthe PrqpAr1y. Owner
agreest to make alterations, or to permit any tenant occupying any portion of the
Property to makealterations to the existing in , r walls from the time f
the Designuntil the construction f the Program Improvements
completed. i n to this l t be pre-approvedin writing by the Program
Manager. Failure to adhere to this i n t the option of the Program
Manager in its sole discretion, result in an immediate sw ion of the constructionf
the Program Improvements on the Property, The Property Owner will be liable to the
Countyfor all direct and indirect costs associated with unapproved alterations
damages it 'thereto.
. Pre and Post-ConstructionNol tl ,mpost-
constructionof testing i important _ that is designedt
measure and determine the i achieved noiselevel reduction level attreated
properties. If selected by the Program Manager fdr post-construction i
testing, the Propertyr agrees to Provideto their I r testing
agrees to not to make alterationsto the interior f their the exception
repairsf the time of thepre-constructioni _t t t-
1 noise test. l -effort t i consist t icollection, the
Propertyr also agrees to preservethe interior rl layout of furniture, coverings
r
and .. inoise- t t t,,, .
_t w w _ iow tments t is h th _ ti_e Property nthhe post-
er that t f it t r t
thl r lr t may result in corruptionf the noise testing t w Therefore,
OwnerProperty understandsthey liable to the t r any directindirect
noisetesting t in the event these requiramentst met.
cooperate20.with the -�Cooperation. tl� rt � t r l� it
reasonably
m, in the
performance of all phases of the ProgramImprovements including, butwit limited to,
the removal and reinstallation of n , wall hangings andfurniture
P�vpeny Owner Nobe Imulationn 7 of 28'
21. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or,the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
2i Desic n and Bid Process Access, , At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP ernail andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and Consultants access to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, hazardous matedal
inspection, pre-noise testing and pre-bid it. In the event the Property Owner falls to
provide access to the Prop" for all required NIP Design and Bid Process visits, the
Property Owner it be removed from NIP participation.
23. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-elght (48) hours prior to the scheduled start of NIP
construction. This short visit will provide the Program Manager with the ability to ensure
that the Property Owner has met all fumiture storage responsibilities. Failure could
resuIt in the suspension of the scheduled NIP construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect costs related thereto.
ar�24. Pre and Post Construction Access. At scheduled times and/or
upon not less than twenty-four (24) hours, advance notice (via NIP emaff andlor letter)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. Those visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
required NIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP participation and the Property Owner shall be liable to the County and/or
Contractor for any and all resulting damages and all direct and indirect costs related
thereto.
25. Construction Period Access, Upon award of NIP construction
contract, the Contractor will provide the Program Manager With their final construction
schedule, which will include the required number of calendar days to complete the NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assigned time pedod. In
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construcion pedod due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their,
assI gned construction tiro e period, the Property Owner shall be removed from NIP
Pmpeny Owner Noise Insuladon Agmement Page 8 of28
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.
26. Construction Period Extension Due to Hurri nce canes. Si the NIP
construction period will extend inio—ih—eKey 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 appmaching hurTicane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
odginally assigned construction time period, without any fault or cost to the Contractor
and Program Manager. Furthennore, the Property Owner agrees to relocate frorn their
condominium for all additional calendar days resulting from NIP construction work
stoppages due to a hurTlcane 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 hunicane-related work stoppages, the
Property Owner shall be removed fmm 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. Dis 2X Deficiencies 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 remediate such deficiencies in an
effort to reduce any negative impact on 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. lim-pact of Unforeseen KWBTS Building Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
i;a—yarlse during the NIP construction may have the potential to increase the original
scheduled duration of construction, which is not the fault of the Program Manager nor
Contnactor. The Property Owner needs to plan for the "worst-case" possibility that the
originally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arise and complicate the NIP
construction.
29. ExIstb-q-Window / Door The
Property Owner understands that, after the installation of new NIP acoustic 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. Existing C jown Molding. During the installation of the new
acoustic windows and doors, Wij5--wIIl be providing new "standard" replacement
interior trim and siII& The Property Owner understands that the NIP replacement trim
vAll not match custom and/or specialized crown molding pattems and/or custom window
and door trim. After the completion of the NIP modffications, the Property Owner will
have the ability to make modifications to the NIP interior trim at their own expense.
e oise , 111111-1-11— t o � ---------——- -------
Omr Nln=adn Agmemen Page 9 of28
31. Communicatio The Property Owner agrees to
read and review all NIP emallsr letters in timely fashion Ibeing
providedthe NIP to ensure schedulen w . In the t the PropertyOwner
falls to meet this requirement, it could result in removal from NIPI I do .
m Title Examination. r has obtainedr will
obtain, t its solet and expense, an "Abstract of Title" to ensurethat the Property
title is free from liens r title defects,
33. Cooperation in Clegringitl r to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate withthe
Countyin order t (l) correct any titleaffecting the Property which are disclosed
by t "Abstract f Title" and in the ofe determination of the Countyt
invalidate the Easement, and (Ii) secure the written consent of any and all mortgage
holders to the Property Ownees conveyance of the t to the County if the
Countyt i that It is necessary or desirablet (collectively, the ffTltle
Matters"). I , prior to the commencement of construction of the Program Improvements,
the , in its solediscretion, ton I that the Titleaffecting
may invalidate the Easement, this t shall be null and void, and the Easement
all be terminated.
m Fe requiredthe Federal Aviation
Administration, t Federal Owner t tfollowing provisions:
a. The Property Owner shall subject the construction wodc on the
projectto such inspection I during the constructionf the Program
Improvements and after completion of the Program Improvements l
requestedbe the Program Manager r Monroe County,
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityr maintenance and operationf the items
installed, h r constructed underthis t. Neither the l Aviation
Administration the County bearsany T ill for maintenance and operationf
these items.
Reduction35. f Fresh_--Air Infiltration. `h r III be
requiredt sign f (Ventilation l _Harmlesst) which imputes Il
responsibility to the r for the proper maintenance of interior moisture and
humidity levels.
36. I w;
age of Materigis &EqM1prnent. If the Property Owner desires
to retain any f the t l I or equipment removed from the n It of the
Program Improvements, 'the Property Owner shall arrange for the salvagef said
materials and eI t directly withthe Contractor at the Propertysole risk
and expense. The Countyca l ill r the condition f the material,
equipment or surroundingIt of the owner-requested salvage.owner-request The
OwnerProperty and the Contructor shall, prior to the t of construction,
agreent listing those items to be salvaged. In the absence
Omer Noise Imuladon10 oft
of such a written agreement, all items shall become the property of the Contractor.
Materials i not listed forsalvage Owner shall become
propertythe Contractor.
. Propgrty Insurance. During Program construction period, the
Contractor will provide builder'srisk insurance r the Property. The Property Owner
shall have the ion, at the Property Owner'ssole cost and expense, to maintain
homeowner's insurance li for the duration h ion of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractors builder's risk insurance ill cease, and it is advisabler the Property
Owner to obtain insurance to cover any value to the Property by the Program.
38. Ti ins and Effects of Construction. The Property Owner
understands that there is a chance that construction itself the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience uld generate significant
quantities brie rendering portions of the Property uninhabitable for
extended periods time.
. Laborand -Material Release. The Propertyr releases and
forever discharges anyII claims, suits and actions against the Program Manager,
the County its officers, employees, agents, consultants, and contractors
suppliers with respect to issues I tin the conformancelabor, materials
acoustic designs utilized in the Program Improvements. of i in this paragraph shall
limit i for matedals and workmanshipcontained in the contract with
general contractor.
40. Sale of Prooertv. In theevent the Propertyr sells, conveys or
otherwise transfers titleto the Property before the completionf all phases of the
process,Program the Property Owner hereby agrees to providethe buyer with a copy
oft is Agreement prior to the closingon the sale, conveyanceor other transfer, and t
transfer all of ther si iliti obligations n r this
Agreement to the buyer as a conditionh nv c r other transfer o
the
1. Waiver. No waiver of, acquiescence i , or consent to any breachf
any term, covenantor condition hereof shall be construed as, or constitute, waiver of,
acquiescence i , or consent to any other, further or succeeding breachr
any other term, v n nt or condition hereof.
42. Release of Easement. In the event that this Agreement i
cancelled r the Countyi that the Easement should be releasedof record,
the Property Owner, upon written request by the County, II pay to the County the
sum of One HundredDollars ( 1 ) to cover the costs of the preparationn
recordingof the Releasedocument in the publicof Monroe
County, Florida. Property Owner understands that it is the Property Ownees
responsibility to insure such payment is made in order to "clear" the title to the Property.
pe er a e 1 lt' nr a e 11 of 28
43. n t Of County, By Resolution No. 111-
duly motioned t a lawfully ocpublic meeting, the Board of
County Commissioners of Monme County, did, on the 1 r day of March 2004, grant full
authority for the CountyAdministrator to execute this nt on behalfthe
County it r action by the Boardof County Commissioners.
44. Attachments. c t to this Agreement include the following,
which are incorporated Into this Agreement by reference.
a. Exhibit Policy Statements.
b. Exhibit : Legal Description
c. Exhibit C: Program Improvements.
d. Exhibit Hold HarTnIess; t
e. Exhibit : Ventilation HoldHarmless
General45. Conditions.
a. GoveminQ Law, _ = Interpretation, Costs, and ees.
(1) This Agreement shall be govemedconstrued i
accordance with the Laws of the State of Floridaapplicable to contracts
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceedingis instituted r the enforcementor interpretation this Agreement, the
County r agree that venue will lie in thecourt or before
the appropriate administrative body in Monroe County, Florida.
( ) The County and Property Owner agree that, in the event of
conflicting interpretations of theterms or a term of this Agreement by or between any of
them, issue shall be submitted i tiprior to the institution of any other
administrative r legal proceeding.
( ) The Countyr agree that in the event
cause of ion or administrative proceedingis initiated r defended by any party
relative the enforcement or interpretation i , the prevailing h Il
be entitledto reasonablercourt costs, investigative, and out-of-pocket
expenses, as an awardagainst the non-prevailing i doproceedings
initiated n conducted pursuant to this Agreement shall be in accordancewith the
Floridai s of Civil Procedure and usual and customary u i y the
circuit urt of Monroe County.
b. Bi!jdffne Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure tot fit of the Countyr
and it respective legal representatives, successors, n s i s.
_.®......_ _................
.. ®_m._..... �...
Owner Noise Insulation Agmment Page 12 of 28
c. Severability, If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jug sdiction, the remaining
terms, covenants, conditions and provisions of this Agreement if not be affected
thereby; and each remaining term, covenant, 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. AULLority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by law.
e. Duration of Agreament. This Agreemen't 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
Program Improvements (the 'Tenn"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. A—ccep.I@nce 2f Gifts Grants I ___, ____ s ance LFunds r Beguests. The
I. Assist
County and Property Owner agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grants, assistance 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 Property Owner shall be
approved by the County prior to submission.
h. Ad j,udication Dis utes or Disagreements. The County and
of p
Property Owner agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each.of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such rellef or remedy as may be provided by this
Agreement or by Florida law.
1. Nondiscrimination, The County and Property Owner agree that
there Ml be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurr ed, this Agreement automatically terminates without 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
V1 of the Civil Rights Act of 1964 (P.L. W352) which prohibits discrimination on the
basis of race, color or national origin; (2) Section 504 of the [Rehabilitation Act of 1973,
as amended (20 U.S.C. & 794), which prohibits discrimination on the basis of handicap-,
(3) The Age Discrimination Act of' 1975, as amended (42 U.S.C. ss. 6101-6107), which
--—-------PropeHy Oumer Noise Imukdon Agmement Page 13 of28
prohibits discrimination on the basis ; ( ) The Drug Abuse Office
Act of 1 ( .L. ), as amended, relatingnondiscrimination on the basis of
abuse;drug ( ) The Comprehensive Alcohol Abuse AndAlcoholism v io ,
Treatment and Rehabilitation Act of 1 ( . 1- 1 ), as amended, relating
nondiscrimination on the basi I h l abuse or alcoholism; ( ) The Public Health
relating confidentiality of alcohol and drug abusepatient records; ( ) The Americans
With i ilii 1 (42 U.S.C. s. 1201 Note), as may be amendedfrom time t
time, relating non i cri m!nation sis of disability; ( ) The FloridaCivil Rights
Act f 1992, ( r 760, FlorldaStatutes, ion 509.092, Florida Statutes), as
may be amended from time to time, relating nondiscrimination; ( ) The Monroe
County i inn (Chapter 1314, Article Vill Sections 1 1 1 through
13-1 ), as may be amended from time time, relating to nondiscrimination; and (1 )
any other nondiscrimination provisions in any federal or state statutes r local
ordinances whichl to the partiest , or the subjectmatter of, this Agreement.
j. Coopqrg . In the eventini t tiv or legal proceeding i
instituted is either party relatingthe formation, execution, performance, or
breach of this Agreement, the Countyr agree to participate, to the
extent required by the other party, in all proceedings, hearings,
and other activities relatedh u this Agreement or provision of the
services under this Agreement. The County and Propertyr specifically agrea that
no party to this a II be requiredto enter into any arbitrationproceedings
related to this t or any Attachment or Addendum to this Agreement.
Books,k. _ A and Documents, The CountyOwner
hall maintain books, s, and documents directly pertinent to performance under
this Agreement in accordancei lly accepted accountingprinciples
consistently II to thisAgreement or their authorized representatives
shall have reasonable and timely c o such records of eachother party to this
Agreement for audit purposes duringof 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 wouldconflict in any manner or degree with its performance under this
Agreement, and that only interest of eachi to perform and receivebenefits recited
in this Agreement.
e of Ethics. The Countythat the officers
employeesounty recognize and will be requiredto comply withthe standards
conduct relating o public officers and employeesline in Section 112.313,
Floridai t not limited licit ti r acceptance of gifts; doing
business 't one'sagency; unauthorized compensation; misuse of public position,
conflicting l r contractual relationship; and disclosurer use of certain
information.
P�VpeHyois trio 14 of2
541-1citation/Rmment. The County and Property Owner warrant
that, in respect to itielf, 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 than a bona fide employee working solely fbr it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset frorn monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. fLublic 'Access., The County and Property Owner shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letter's or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure oft
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 attorneys 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
cant ract, 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, 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 otherwise 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
Pmpeny O�We—rko-ise in=--I—atIon—Agmem'-e'nt—-- ---- --id—ge-15-428—
authodzed by law for the duration of the contract term and following completion of the
contract if the Property Owner does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property Owner or keep and maintain
public records that would be required by the County to perform the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If ttie Property
Owner keeps and maintains' public records upon completion of the contract, the
Property Owner shall meet all applicable requirements fbr retaining public records. All
records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the inf6rmation
technology systems of the County.
(5) A request to inspect or, copy,public records relating to a County
contract must be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Property Owner of the
request, and the Prnperty Owner must provide the records to the County or allow the
records to be inspected or copied within a reasonable I .
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, BrIan Bradley at (305)
292-34M
p. Non-Waiver of !MMunrbL Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
q. E °nvjllegqp gnd ,immunitles. All of the pdvileges, and immunities fmm
liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits Which apply to the activity of officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement within the territorial lim its of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial Ur nits of the County.
r. Lfflal ON atiqns no -Del@a
g_ j e 1151bilitlec Non— 4filoon of
Constitutional or Statuto a Duties. This Agreement is not intended to, nor shall it 6e
ted as,—relieving ani--p-iiicipa tip g entity from any obligation or responsibility
i tity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
.......... ................
Pmper&Owner Nobe Imulation Agmement Pa 11 ge 16 oft-8
statetut , case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
. Non-Reliance n- rti s. No personor entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt t
enforceny third-party claimr entitlement to or benefit of anyi r program
contemplated hereunder, and the Countyn r agree that neither h
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual r group
of individuals, tit r entities, v n itl r benefits under this Agreement
separate n , inferior to, or superior to the communityin general or for the
purposes contemplated in thisAgreement.
t. Aftestations. The Property Owner agrees to execute such
documents as thet son ly require in the performancethe obligations
dutiesand of the Countyr Property Owner under this Agreement.
u. No Personal Liability. No covenant or agreement contained herein
shall be deemed to be a covenantr agreement of any member, officer, agent or
employeeoun in his or her individual capacity, o member, officer,
agentor employee of Monroe County shall be liable nll this Agreement or be
subjectto any personal liability r accountability by reason of the execution of this
Agreement.
v. Execution i This Agreement may be executedi
any number of-counterparts, each of whichshall be regarded as an original, all of which
ken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signingany such counterpart.
w. Section Headings. Sectionheadings v 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 'll not be used in the
interpretation of any provision of this Agreement.
_....._ . __..._._ .. .. _.........__... _....... _.....
Propeny Omer o Iat m t Page 17 of 28
IN WITNESS , the Property Owner and theo v
executed this Agreement as of the day and year first abovewritten.
_.._ .... __.... _ __............_._._a. ...._
WITNESSES
PROPERTY OWNER:
®emu, '
C'i �� . .;
yp Signature � yr
Prim .!game
,
e ,
�s I
1 SignatureDate
PRO - ERTY OWNER:
Printed Name
1 �a
r
Prins me
s g
{.e ma�ay
W n
Z
°
P--dnt a e
t -COd.NTY BOARD OF COUNTY COMMISSIONERS:
% I)', MAYOR/ CHAIRMAN:
Sylvia J. Murphy
CLERK
\ * i
•
;> Deputy ClerkSignature
�! cOJM ATTORNEY 4
....._...... ....® ...... ....... „
Noise Insulation Agmma D 1 4 � ,Page 1
0
r
Date
PROGRAM POLICY STATEMENTS
Exhibit
PropertyTo
r Noise InsulationAgreement
A. !r Conditioniggl General Restrictions. Whileproviding new ductless "mini-
split t to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
2. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTSpolicy rules, maintaining maximum height of 48
inches.
3. All condensate lines will be installed on the building exterior nit t with KWBTS
Boardpolicy rules to ensure the highest level of consistency and building
architectural aesthetics.
4. All interior AC lines (refrigerant, nst , lec °cal) and Energy Recovery
Ventilator( V) ducts will be housed in new vertical wall and comer pilasters which
ill be constructedmatch the qualityof existing walls. The number and locations
of the now vertical wall and comer pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive rchi will
review this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determinedy the Program Manager to be
deficient will be replaced by the Program as a part of the Noise Insulation Program
modifications.
B. Window Sill Reolacement. Due to the presence of asbestos, the NIP will provide
new custom o surround and sill instead of the existing su board surround. 0
to this revised plan, existing custom sills (marble, nl , wood) will not be replaced.
This revision will be an improvement, while decreasing constriction costs and improving
time efficiencies.
CustomC. I IRestrictions
The new asbestos abatement requirements will restrict the abilityto remove existing
custom trim b prior to construction (as originallyassumed), which will not
allow sufficient time r the awarded general contractor to securecustom tc
replacement trim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing o trim flush to the face of the new pilaster or
t ru wall i fill. At new pilaster locations and, if the thru wall ac infill abuts the existing
baseboards, the contractor will install a stands (314w x 5-112") painted wood trim
abut the existing trim, rather than attempting to match the existing custom trim files
and materials. After the completion of the NIP construction, the property owner will
_._.. ............®.............._ ... ........
Exhibit A- .. Owner Noise Insulationen 19
have the ion to replacethe installed trim i other custom trim to match the existing
materials and profiles.
D. Door _Thresholdi u stringent Florida hunicane impact andwater
infiltration uil incodes, all new aluminumacoustical prime entry swinging
sliding I do doors will have thresholds that are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds are desi e
provide optimum protection to the interior of a condominiumfrom water infiltration ri
hunicane.
E. _KW13TS Asbestos Testing
As required t e ! requirements, THC conductedis testing all
participating iniu s in Buildings A, B andduring the November 2017
to April 2018 time period. This testing included collecting7 to 9 samples at each
condominium include s board joint compound, windowglazing, and exterior
windowdoor caulking. In addition, random exterior stucco samples II
on both the ` I y" and "courtyard 1 ! _ buildinglevti .
Dependingn the laboratory l is of these samples, the presence of asbestos
containing materials ) have thepotential to impact several areas of the NIP
construction process to include:
window removal and acoustic window installation,
- door removal and acoustic door i l ti ,
removal of portable "through-walln AC units and the infilling of openings,
calling cuts requiredr installation of the ductless AC,
II cuts i 'for the installation of the ductless C,
ion of vertical ll pilasters requiredr installation of the ductless
AC system ,
ion of closet soffit for installation the ERV.
F. Asbestos _ . IgM�_reme
In the event any samples show a inin trial (ACM), the
awarded NIP contractor will be requiredto perform the following abatement
requirements during construction:
If samoles show s nc of ACM c '%,
The NIP contractor will quired to comply with OSHA worker safety requirements
include r respirators, l curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuumcleaners in the areas where surfaces are chipped, cut
and/or sanded.
_ __e....._...._.... ...... .........®..........__
Mrhibit -Pmp"Owner Noise Inw1atione t Page 2
The NIP contractor will be requiredfull asbestos abatement
directedh Environmental Protection Agency(EPA) to include:
Construction of ACM containment barriers in all areas (walls, ili , closets,
i o ), approximately 4 feet from all walls andareas impacted
the NIP modifications.
Abatement and baggingo (resulting liiprocess) by
certified b t staff.
Air s li of containment areas and clearanceII areas by certified
asbestos t staff to allowaccess to containment areas by traditional
(non-abatement) workers.
- THC will be requiredto provide executive oversight of all ACM abatement
processesin all condominiums throughout he NIP construction process
ensure r compliance with1 and state abatement guidelines.
- The presenceill have a significantimpact on the 1 construction
process, lengthening h construction period and increasing u ci
and coordination i contractor crews.
Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to developdesign construction plan that minimizes
disturbance of ACM to ensure ini i i ion costs,
duration, liability to the contractor and KWBTS property owners. ThisI
'll result in new property owner requirements and designrestrictions is
are outlined below.
H. KWBTS BOARD Authority af 19m-Ign Decisions. The KWBTS Board will have
Authority e several of the Program designdecisions include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical i oor Operational Styles
4. Interior I ini- lit" AC SystemInstallation Requ
5. Interior Ductless mMini-Split" AC System Interior it Design and Placement
. In-Filled itch n Prime Door Policy Treatment
_._. _....____. ...._ .._ _�._ _...
it - ' Imulation Page 21 of 28
LEGAL DESCRIPTION
Exhibit
To
Homeowner Noise Insulation Agreement
Condominium i e CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together withundivided in the common elements,
Condominiumthe Declaration of in Official
370, as amended from time to time, of the Public ,
i it - n o' I t of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package fbr 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 (6) decibels.
A typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical SvAnging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
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Exhibit C- r Noise Insul4don Agreement Page 23 of28
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 Pmperty
described in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to wNch this Exhibft Q 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, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
conceming any arid all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injudes or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection witi"i any and all Pre-Ex istirig Deficiencies (the "Deficiencles7) against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable,
2. The Property Owner understands and assumes full responsibility fbr 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, bLd 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 Impmvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program Manager will classify the observed Deficiencies as either"Minor' or"Severe".
5. The Property Owner assumes full responsibility fbr the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deflciencies are identified during the design
process, the Property Owner agrees to complete necessary repairs to the Pmperty, to
the acceptance of the Pmgram 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
EAibit D-P;,,qpe?V Omer Noise Inm1ation Agmement Page 24 of28
necessary repairs to the Property, to the acceptance of the Program Manager to
minimize any delay or stoppages of work.
a The undersigned acknowledgethat all of the release
harmlessindemnity isions set fbrth in Paragraph 1 of this Exhibitapply
property damage, �njudes, deaths, or damages arising from the Deficiencies and/or all
negative impacts that later resultafter the additionf the PmgramImprovements. The
provisionsf this &h1bit Q shaH survive i tion or expiration of the Property
Owner Noise Insulation Agreement.
undersignedt the terms and provisions of this
shaH be binding w and inure to the benefitf the undersigned it respective
helm, a tip , successoirs and assigns.
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i it D- r Noise Insulation e o
"VENTILATION
Exhibit
NoiseTo
Property Owner l iAgreement
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 Exhibit E is attached, the undersigned, for and o
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, r releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants n l r 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 foregoing is may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assignsin connection with any and all Ventilation Deficiencies (the "Deficiencies") against
said u r any of fts offloers, , employees, nu is and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infillin 'through-well" portable air conditioner units
and the addition of a replacement ductless "mini-split" air conditioning
these modifications will result in a tighter interior environment due to the elimination of
all passive inside 1 outside air leakage that was naturally urrin in all openings, the
Program ill also include the addition of a energy v ventilation ( V) unit which
ill provide an adequate exchange of inside 1 outside air to the condominium
requireduilin .
3. Given the tightened interior environment of the treated nii , the
Property Owner agrees to assume full responsibility for the r operation of the new
Program less AC system and energy recoveryventilation ( ) 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 will not be providing
bathroom exhaust fan treatments. Sin bathroom tubs for showers are a source of
moisture generation in the interior environment f a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of properly exhaustingbathroom moistureto the exterior
of the building. It should also be noted that the original KWBTS condominiums
constructed ' all wall vent that wasdesigned to allowthe passive exhaust of
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Exhibit E- o' a Insulation t Page 26 of 28
bathroom moisture in a central Wilding exhaust shaft. During the Program design
survey process it was discovered the KWBTS buildings lack a solid central building
exhaust shaft. Due to this existing condition, these original wall vents (if still present)
have the potential to provide a pathway for unwanted air, smoke and/or gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing of original wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated,
® It is cleady a building code violation to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to
correct this deficiency by properly exhausting their laundry dryer exhaust in an
It tip method that meets current building code, at their cost before the initiation of
the Program construction process. Furthermore, the Property Owner agrees to assume
any and all liability related to the improper ducting of their laundry dryer exhaust.
6. The Property Owner understands that the Progivrn Improvements will not
address kitchen and bathroom ventilation and/or excessive interior humidity levels
generated by the Property Owner within the intedor of the condominium. The Piroperty
Owner understands and assumes full responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moisture problems and/or interior humidity
levels in the Property, In addition, the Property Owner agrees to assume full
responsibility for the maintenance and operation of the NIP venting modifications after
cmmpletion of the Program Improvements.
7. The undersigned acknowledge and agree that all of the release, hold
harmless and indemnity provisions set fbrth in Paragraph 1 of this Exhibit E apply to
injuries, deaths, or damages sustained in connection with or as a ri-sultof iny and all
interior ventilation deficiencies ® l after the addition of the Program Improvements
including, but not limited to, high humidity, mold, mit lack of proper exhaust
ventilation. The provisions of this Exhibit E shall survive the termination or expiration of
the Property Owner Noise Insulation Agreement.
8. The undersigned hereby agree that the terms and pirovis log s of this
Exhibit E shall be binding upon and inure to the benefit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
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ONNEE E S: P7PERTY OWNER:
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Mchibit E-Property Owner Noise Insulation Agreement Page 2 7 of 28
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WITNESSES: OWNER:PROPERTY
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i if -Properly Ownero' l en of 2