09/18/2019 Agreement/Easement-C306 �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
Prepa mid BX and Return To.- Doc#2263758 M#3@28Fg024@2
Heather P. Faiubert Recorded 412112020 11:20 AM Pap I of 4
NIP Assistant Project Manager
THC, Mc. Dead Doe Stamp$0.00
710 Dacula Rd., Sufte 4A#315 Filed and Rewrded in OffieW Records of
Dacula, GA 30019 MONROE COUNW KEVIN MAEKaj.cpA
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
T H into thins 'day of
20 reins fter7referred to as"t Prop rty ner,," in
f�s COUNTY COMWSWONERS, a body po�iflc
and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain reW property ("the Property")
located in Monroe County, Florida, more particularly described as follows,
CondornWurn Unit No. 306-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with inn divided Interest In the common elements, according to the
Declaration of Condaftniurn thereof, recorded in Official Records Book 589, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
also Identified as street address., "2601 S. Roosevelt Blvd., Unit C306"
B. The BOCC is the Dwner and operator of Key West International Airport("the Airport") and
desires to make properties that, thrDugh interior noise exposure testing, are deterrnined
incompatible as a result of their exposure to aircraft noise compatible for residential
purposes through the. implementation of a Noise Insulation Program ("NIP").
C. Under the N P, the Airport will design and Mstall or pay for the installation of
Improvements and modifications to the Property-Owner's Property necessary to reduce
interior noise levels at least 5 d13 and to bring the average interior n6sie level below 45
dB In accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
wIll supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NlP will include funding from the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will Include funding
from the BOCC, acting in its capacity as the owner and operator of the Airport.
E. The Property Owner deskes to participate In the N nd has entered Into a Property
Owner Noise Insulation Agreement with the 130CC. The BOCC's 1MIDlementatin of the
.............................
Rii�"silritematlonal Airp�-o—rtNIP' --A v I-ga t I on--Ea'sem"ent(Unit Page I of 4
NIP will benefit the Property Owner and the Property by providingcertain i I sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior noise level below 45 dB in accordance withI Aviation Administration
policy.
F. The Property Owner fully understands that the NIPli i ilit ul change at some future
time, but is currently on the 2013Existing o itioNoise Exposure Map
accepted the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administeredin accordancewith the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
NOW THEREFORE,for and in considerationf the improvements to be made to the Subject
Propertyu the I ,the i nd adequacy of which is hereby acknowledgedof
parties, n in considerationincorporation into this AvIgation Easement of the recitals
t forth above, the Property Owner and the follows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all
successors in interest, o t, bargain, sell and convey to the BOCC, its
successors nassigns, perpetual avigation easement over the property. The
f the Easement shall include the right generate it noise n to cause other
effects as may be associatedwith the operationi y r or in the vicinity the
property. This Easement shall apply to all such aircraft activityat the Airport, present or
future, in whatever form or type, duringion at, on, to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemedto be included
within the purview of this Easement.
. This Easement shall be perpetual in nature and shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
. The Property Owner on behalfp r, its heirs, assigns and successors
in interest, does hereby releaseany and all related partiesof the BOCC,
including but not limited o BOCC members, officers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, , liabilities,
costs, attorneys fees or causes of action of every kind or nature for which the y
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
r will in the future possess, as a result of Airport operations r aircraft activities
noise levels I t to or generated by Airport activity, or may hereafter have as a result
of use of this Easement, including but not li it 'to damage to the above-menti
propertyr contiguous property due to noise, and other effects of the operation of the
Airport or of aircraftlanding or taking off at the Airport.
Key wem
_ intemevonei Arport NIP AvIgeflon Ea ent(unit 0 ) Page 2 of
4. This Easement expressly excl s and reserves o the Property Owner and to the
Property Owners heirs, assign s and successors i interest, claims,
debts, liabilities, s, ' or e , or causes of action for
physical or personal injury caused ny aircraft or part of any ! using
the Easementthat identifiable physi t damage to the property or injury
on the in into direct physical contact with the property or the person on
the property.
Should5. it r party hereto or any of their successors or assigns in interest retain
counsel to enforceof the provisions herein or its interest in any matter
arising under this Agreement, or to recover damages by reason of any allegedc o
y provision of this Agreement, the prevailingparty shall be entitledto all costs,
damages and expenses incurred including, ut not limited y' costs
incurred in connection therewith, including appel! t ion.
provision of this Agreement is to be interpreted for or against any party because that
party or that partys legal representative drafted such provision. This Agreement shall be
interpreted n in to the laws of the State of Florida.
breach7 No of any provision of this Agreement may be waivedunless in writing. Waiver of
breachany one f any provision of this Agreement shall not be deemed to be a waiver
of any other breach r any other provision of this Agreement. ThIsAgreement
y be amendedonly by writteninstrument executed by theparties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained hereinis holdinvalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severableremainder of thiAgreement
and II In no way affect, impair or invalidate any other provision hereof so long as the
remaining visions do not materially after the rights obligations f the parties. I
such condition, covenant or other provision shall be deemedinvalid to this scope r
breadth, such covenant, condition or other provision shall be deemed valid to the
of the scope or breadth permittedy law.
8. In theevent the Airportshall be subdivided into more than one parcel, or the Airportor
portion thereof becomes subjectto operation, management or administration by a party
in addition to or in lieu of the BOCC, then and 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 airport flight purposes, and that any such successor
in interest to the BOCC shall be entitledto all of t benefits running o the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
all costs of maintaining and operatingany sound attenuationmaterials and equipment
installed in the Propertyr on behalf of the BOCC.
Key W International Airport NIP-Avlgalon t(Unit QB)...... a w _.Page 3 of 4 -
This.Easement Agreement is executedfirst
.....� .. . ..._.._ _. __ .. _ .............
PROPERTY OWNEX PROPERTY OWNER:
Signature .,,n-a-®_
Printed Name Ptintad Name
Date
STATE OF
COUNTY OF IPA
r
The foregoing Instrument was ackn d re me this day of 2 1
{t
t
b _ 1
Property Owner r Nn
9 -
My Comm Ission it
r o tmy Public Signature
_,-.. ._... .. ..... ......... _... ........ ............_ ...... ._. _.............,k
MONROE COUNTY OAR® OF COUNTY COMMISS IONERS:
Signature .�. �r � N .. �
S u 7
I
Printed Nam® r
.ax - i , F
Prin .v
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® a
l Signature �*
a �a
Fii—ntedNemp,:::u�
STATE OF FLORIDA
COUNTY OF MONROE
® m -
The foregoinginstniment was acknovAedged beforethis day of
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
i
a y CommissionExpires:
kotary Public Signature
_...,
C04
D,
Key West International Airport NIP—AvIgation Easement(Unit#C306) PEDR0,J MERCADOP 4
Dam
FAddress: Kev West b vp the Sea
U Uml
nit .:
Name(s): Koplaq
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEsr INTERmTioNAL AiRpoRT, MONROE COUNry
THIS NOISEINSULATION (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 to of Florida (the "County"),
and the undersigned (the "Property Owner").
I T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularty described on Exhibit B attachedhereto (the "Prope ); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the ; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed i t for aircraft landing upon,
taking off from, or maneuvering about the Airport, and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Program") and, as part of the
Program, the Property r has elected to obtain acoustical treatments and
improvements to the Property as moreparticularly described on Exhibit Q 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 fbr the granting to the County
of an avition easement over, across and through the ; 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 of
team 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 County mutually desire to agree
to the terms upon which the Property Owner Y411 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
._..... -. ..........� _ _................
Propertyer Noisel 1 e t Page I oft
sufficiency f which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneouslyit the execution of this
Agreement, the Property Owner executed nd delivered to the County an avf a#ion
easement (the s t") which Easement has been recorded in the public records
of Monroe County, Flodda. The Easement remains in full force and effect andi
hereby ratifiedin all respects.
Program2. olio Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement lii s and procedures,
the Program Manager has developeddes of Program Policytoutlining
construction and eligibility restrictions. The Property Owner understands that
prescribed Improvements will be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
Programlic Statements is attached hereto as Exhibit A.
. Payment of Program Improvements. The County agrees to pay for
the Program Improvements scribed in Exhibit Q attachedhereto. The
Improvements will be approvedby theOwner and County, e by the
Program Manager, and performed the Contractor.
4. I dir� su Competitive Bid Process. The p ner shall not
impede or interfere with the Contractor's ability to.select between approved product
manufacturers and subcontractors in the preparation i u i l . To insure
competitive bid environment, the Property Owner Is l i from having
discussion or communication with the Contractor in relation to the Program, the
contractors bid, or this Agreement until after award of the construction contract by the
County. Failureof the Property Ownet to comply with this provision shall, at the option
of the Countyin its sole discretion, result in disqualificationfrom the Program and
cancellation othis Agreement.
Construction Contract. The County will award the contract for the
Prognam Improvements nsistent with Federal and Countycompetitive bidding policies
and procedures. The contractill require the Contractor to complete the Program
Improvements itin a time d f the Program Manager.
6. - & Post-Construction . sroi ilitle . The Property Owner shall
meet all responsibilities and requirementspertaining to both pre-construction and post-
construction:
a. Prior to the start of NIP construction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, ldo , c.) from theircondominium;
( ) Moving of all fumiture and belongings Into t "Designated
Storagewithin the condominium, providingthe required "clear " (white
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NoisePropeny Omer ult' n Agreement Page 2 of 28
space in sketch) for the Contractor. When doing so, the Property Owner will have the
ability to utilize the complete "floor to ceiling" space.
(3) Removing of all excessive furniture and belongings from the
condominium "that will not fit in the Tesignaked Storage Space Area";
(4) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space
Area";
-(5) Removing all electronic and dust-sensitive It frurn their
condominium or wrapping Wth protective poly before storing thern in the "Designated
Storage Space Arean;
(6) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in the "Designated Storage Space Aredo;
(7) Moving all small it and belongings into eltherthe closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include-
(1) Moving of all fumiture and belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
(2) Moving of any excessive fumiture and belongings back into
the condominium;
(3) Re-installation of all -wall treatments, door treatments and
waII hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Property Owner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable to the
County and/or Contractor fbr any and all resulting damages and all direct and indirect
costs related thereto,
7. ImpedinUc Construction. Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the construction of the Prograrn
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
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ner bise ksulation Agreement Page 2 3 of 8
Propeny Ow 1
aiters tconstruction , th r it lu t t r
and the u r m, damages and all directindirect related thereto.
8. Safe Working Environment. The Propertyr shall be responsible
r providing a safe workingenvironment for the Program Manager, Contractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
a. Throughout aU phases of design and construction of the Program
improvements, the Property Owner shall be responsiblefor
Providing r nrm environment that is free from potential
health risks, conditions, icals, obstacles, weapons of any
kilnand/or explosives;
(2) RefrainIng from verbal abuse or profanity;
(3) Refraining from aggressive physical contact; and
Insuring that all pets arecompletely u r and contained.
b. In the event the Property Owner faUs to meet any of the foregoing
conditions, the Program process may, t the County'si t to , be temporarily
suspended at any time.' t, the n m Manager sh,all notify the Property
Owner In writing, stating t r>r i m rm and/or corm its required
completed r Propertyr pd r to the Countyresuming mi the
Program nr .
C. In the event the Program process is not resumed due to the
Property Owner's faffure to completethe corrective action(s) and/or cony its
reqUred by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor fbr any and all damages and1l direct andindirect related
thereto.
the Program process is resumed, the Propertyr shall be
liable to the Countyand/or Contractor for.any and l damages and ll direct and indirect
Constructioncosts related to or caused by the temporary suspension of the Program process.
9. urine the construction period, the Contractor
may experience n n complications reiatingto the installation of the Program
Improvements. The constructiont ll provide that delaysrelated
unforeseen complications are beyond the control of the Contractor and shall be excused
so t the time r completion may reasonably be exten nest ulschedules
may also be revised If there is a delay in ins of the contract or If the Program
Improvements have to be re-bid in the event of lack of bidding contractorsn / r failure
of the lowest responsive, responsible i r to executethe contract, provide a payment
performance n r show proofrequired Insurance.
. Chanqes to Scope of Work. The n r reserves the right
to make changlesto the plans nd specifications and the Program Improvements, at Its
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Propeny Owner Noise Inm1adon Agmement Page 4 of 28
sole discretion, at any time ri the such changes do not
reduce the scope or quality of the arm Improvements described in Exhibit
Bch changes r necessitatedt i f hidden coy ultu n not
it
detectable dudng normal inspection .
t. �....Acceptance of Work. Upon completionf the Program Improvements,
the Programr shall inspect or cause the inspection of the Program
lmprovenients to determineulf they were completedpursuant to the t f the
contract. The Program Manager retWns sole discretionauthority n program
conformance performance Issues as they relate to the Contractor, subcontractors,
suppliers tip designs. The Propertyr is requested to attendthe
Substantial m tii Inspection input to the Constructionr with
respect to the identified punch-llst items. In addition, the Propertym t
attend the Final Inspection. In the event the PropertyOwner elects to not attend the
Substantial Completion andFinal Inspecdons, they lease and surrender their abifity
proAde input to the ConstructionManager with respect to the acceptance of the
ProgramImprovements. In the event there is a disagreement between the Property
Owner and the Manager as to a conformancer perfbrmanoe �ssue, the
OwnerProperty shall be required to submit the discrepancy In ritii to Monroe
(representative the NIP constructionits f the
inspection emu rise to the discrepancy. Monroe Countyshall then make a
determinabon as to the t mlu f the conformanceiperformance issue and any
remedial actionthat may need to be taken. Monroe Countyl be the final arbiter of
any conibrmance/performance/Issues. Failure by the Propertyr to submit the
writtenmph nt within the time periodspecified l thereafter foreclose the
rightProperty Owners to filesuch nt.
f . Termination of Agreement, The Property Owner understands that
the slgningf this Agreement initiates t the BID andf
the Improvements to be performed in accordance with the Program.
Therefore, if the Propertyr attempts to terminate this Agreement or otherwise
impedes the f the performancef the Program Improvements r the award
f the constructioncontract, the r will be liable to the Countyfor any and
damagesall m all direct and ln&ect coststhereby.
13. Warranties. The Countynot represent r met the level of
noise reduction that the Property Owner will experience withinthe Property as a result
f the rmm Improvements performedpart of the .
. The Countythat its con'tractwith the Contractor will include
stagy n (t) year warranties from the Contractor for all materials an m trip.
Such one-year warranty pedod shall commence as of the time f the acceptancef the
work as provided r In u .
w At the f construction, the r will proAde the
OwnerProperty with a WarrantyFinal l t Package whichwill contain copiesf
the ii i , product instructions, i rm documents and legal documents.
condition f receiving the Warranty & Final Closeout Package, the r
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Pwpeny 0~Noise1 'o a ent Page 5 of 28
must first submit a completed NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final CloseOUt Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements dfffer among product manufacturers. In the event of claim, the
Pmperty Owner is solely responsible lbr pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Pmperty Owner shall be solely
responsible for, and agrees to contact the Contractor or pmduct.manufacturer directly to
coordinate any required warranty service and agrees to look solely to the general
contractor or the pmduct manufactur-or for fulfillment of all warranties and for resolution
of all product or construction warranty Issue(s):
(1) The Property Owners inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maintenance) regardless of whether the Property Owner's inquiry arlses during the one-
year warranty period 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 period
from the general contractor has expired;
(3) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty period f-or the product has
not expired, and the manufacturer is currently conducting its busiriess; 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-Existing Deficiencies. The Property Owner YAU be required to
sign Eghlbit 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 Pmperty, whether seen or,unseen.
15.. Pre-Work Requirements, The Property Owner will be required
to complete any and all Pre-Work, as requir-ad by the NIP to successfully accommodate
the NIP acoustic modifications.
desic -Work itemis utilizing their own funds and per the MguLrs e lines as
jnated Pre _A_q[_ad
established bv the NIP. In the event the Property Owner falls to complete the
designa Pre-Work It by the established NIP deadline, the Property Owner shall
be rem*oved 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. Chv of Kev West "Hard-Wired" Smoke Alarm Requirement. In
compliance wfth the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required to install 120-volt 'whard-wired" smoke aI rns in their condominium in
Pwp"Omer Noise Inm1ation Agmement Page 6 of 28
accordanceit all applicable codes and regulationsthe requireddeadline
established by the NIP. [A ill t smoke alarms are not installed in r t th t t
same areas where NIP
.., .
modification r ill occur, to avoidpotential impedanceas to the construction
p In the event the r falls to install the designated "hard-wired"
smoke alarms by the establishedI li , the Property Owner shall be removed
from NIP participation.
17 Su
ension of Program Process. The Program process may be
temporarily time the designr construction phases upon
the discoveryDeficiencies to their potential impact
Improvements t warranties. The Program ®U not resume until the
Property Owner has' corrected all related problemsto the satisfactionof the
Manager. In the event repairs arenot completed in a timely nn r, the Property
Owner will be liable to the rat for any and all damages andall direct and indirect
coststo delayr stoppages of the work.
18. LimitationAlterations to the Properto The Property Owner
agrees not to make alterations, or to permit any tenant occupying anyportion of the
Property to make alterationsto the existingwindows, r walls from the time of
the Designuntil the construction f the ProgramImprovements
completed. ti to this rule t be pre-approvedin writingthe Pregram
Manager. Failure to adhere to this requirement , att ti of the
Manager in its solo discretion, It in an immediate suspensi f the constructionf
the r Improvements on the Property. The Property Owner will be liable to the
County for all direct and indirect t associated ith unapproved alterations
damages related thereto.
m Prer Post-Construction i j_ t ,q _ t-
in i testing i important Program process that i i t
measure and determine the actual achieved noise level reduction ll attreated
properties. If selected by the Program Manager for r - & post-construction noise
testing, r agrees to provideto their property for testing r
agrees to not to make alterationsto the interior f their property (with the exceptionf
repairs f time the pre-construction noise test to t
post-
construction noise te_ ,, In an effort to insure consistent noise data collection, the
OwnerProperty also agrees to preservethe interior layout of furniture, r coverings
and window treatments the time
construction i test. The Property Owner undersiands. that the failure to adhere to
this requirement may result in corruptionf the noise testing t . Therefore, the
Property Owner understands they may be liable the t for any directindirect
noisetesting t in the event these requirementsnot met.
20. .�Cooperatign. As reasonablyrequested, the Property Owner shall
cooperateit the Contractor, the Program Manager and Monroe County in the
performancef all phases of the Program Improvements including, t limited t ,
removalthe and reinstallation of rugs, wall hangings and furniture
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Owner e e e of 28
® Utilities. The Property Owner shall permit the Contractor to use, at
no t to the Contractor, r the tiro tiliti h as light, heat, power and
water to carry out the ProgramImprovements.
22. Qggkn and Bidr smAccess. At scheduled times and/or upon
t less than twenty-four tic (Wa NIP email andlor ), the
OwnerProperty agrees to providetothe Program Manager, Contractor, subcontractors,
suppliers, I our State federal inspector's r it rat to the
Property to collectl ll final design and bidvisits I
include, t not be limited t , property survey, design , hazardous material
Inspection, pre-noise testing nd pre-bid pre-bid visit. In the event the Property Owner falls
provideto the for all required NIPDesign and Bidi it , the
Property r shall be removed from NIPi ti .
23. Pre-Con'struction Access. °h tprovide
access t t l l ht_ hours pdor to the scheduledstart of NIP
construction. l h rt visit will provide the Program Manager with the ability to ensure
that the t all furniture storage responsibilities. Failure l
result in the suspension of the scheduledI in and the r r°shall
be liable to the nth r Contractor for any and all resulting n all direct
and indirect costs relatedthereto.
24. Pre and _ t Construction �.,�.'.s t scheduled times r
upon not less than twenty-lbur (24) hours advance notice (via NIP ema# andlor letter)
and per the establishedl t i schedule i t rat, the Property Owner
agrees to provideto the Programr, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultantsto the Property to provide
all required NIP4 tr i nd Post-Construction vi i i itcould
include, t be limited to final measurement, pre-construction inspections, review
Designated Storage Space rI t , post construction inspections n post-
construction I i testing, the t the Property Owner falls to providefor all
requiredI t Construction visits, the Property Owner shall be removed
from NIP participationthe Property Owner shall be liable to the r
Contractor r any and all resulting darnagesII direct and indirect related
thereto.
25. Construction Pedod Access. Upon award of NIP construction
contract, the Contractor will provide the r r with their final construction
schedule, which will include the required number of calendar days to completethe NIP
construction in each of the participating l i this h l , the
ManagerProgram will assign each Property Owner with a designatedr of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocatetheir condominium for the rtire assigned time ® In
addition, the r r agrees notre-enter their property for any reason dudng
their assigned constructionperiod r the t ti l to negatively
impact the Contractor. In the t the r falls to provider their
assigned const I time rt , the Property Owner shall be removed from I
®® . . . ..... . _ �._ __......
Aropeny Owner NoiseI lt' a ent Page 8 oft
participation and the Property Owner shall be liable the tand/or Contractor for
any and all resulting damages and all direct and indirect ts related thereto.
26. Construction Period Extension Due to Hurricanes. i the NIP
construction period will extend into the Key West hurricane son, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approachinghurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally asi n sru ion time period, it It or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocatefrom their
condominium r all additional calendar sultin from NIPconstruction work
stoppages ue to a hurricane threat or event at no costto the County, Contractor and/or
Program Manager. In thevent the Property Owner falls to provide the required
additional access their condominium dueto hurricane-relatedto ps , the
Property Owner shall be removed from NIP participationthe Property Owner shall
be liable to the Countyand/or Contractor for any and all resulting damagesn II direct
and indirect costs relatedthereto.
27. Discovery o Pro-Existing eficieiDuring Construction. In the
vent the Contractor discovers pro-existingdeficiencies urin the NIP
construction process that negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately repair and remedlate such deficiencies in an
effort to reducenegative impact on the scheduled construction period. The.Property
Owner understands that, dependingon the timing tpre-existing deficiency pair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
28. Impact f Unforeseen KWBTS Building .,o itions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
may arise during the NIP construction may havethe potential to increase the original
scheduled duration of construction, which is not the fault of the Program Manager nor
Contractor. The PropertyOwner needs to plan for the "worst-case" possibility that the
originally-scheduled constru ion completion dato may be delayed additional days
due to unforeseen building conditions that may arise and complicatethe NIP
construction.
29. Existing Window 1 Door Treatments, and Blinds. The
Property Owner understands t, r the installation f N NIP acoustic window and
doors, the existingwindow and/or door treatments, shades and blinds may not be
compatible nor able to be re-installed due to sizedifferences between the new and
existing windows doors.
30. ip During the installation of the new
acoustic windows and doors, the NIPill be providing "standard" replacement
interior trim and sills. The Property Owner understands that the NIP replacement trim
ill not match custom and/or specialized crown moldings and/or custom window
and door trim. After the completionf the NIPi i tins, the Property Owner will
have the ability to make modifications to the NIP interior trim t their own expense.
�... _... __.............. ......_.........
NoiseP�vpeny Omer t o Agreement Page 9 of 28
mums harm The a to
reviewread and ll NIP emailsand/or letters in a timely fashion hich are being
provided by the n r W In the of the n
falls to meet this it rmf, It could result in removal from NIPrule fi w
W Title Examination. The Program Manager has obtainedr will
obtain, at its sole cost and expense, an nAbstract of Title" to ensure that the Property
title is free from Hens and/or title defects.
33. Cooperation in Clearb- Title. Prior to the commencement
construction f the a , the pegOwner shall cooperate with
orderCounty in to I) correct any title defectsaffecting the rty which are disclosed
by the fTitle" and In rm felon of the Countyserve
invalidate the f, and (H) the riff rm consent of anyall mortgage
holders to the rod rfy.Owner's conveyancef the rrment f . the rm the
County determinesthat if is r desirabie to I i 1 , the ifs
Matters"). If, prior to the of of construction of the m a a f ,
the mug , in its sole discretion, determines that the iif affecting the Property
may invalidate the Easement, this ref shail be nuilvoid, and the of
shall be terminated.
Assurance.34. Federal As required by the Federal Aviation
Administration, fa Property Owner agrees to i °m provisions:
Ownera. The Property shall subject the nstr ul n the
project to such inspection and approval during the oonstruction of 'the Program
Improvements n r completion of the Improvements as may l
be requested by the m Managerand/or Monroe County.
Afterb. final completionf the m Improvements, the Property
Owner shall assumethe responsibility r maMtenance and operationf the farm
installed, r constructed under this Agreement. Neither the l Aviation
Administration r the County bears any responsibiftyfor maintenance and operationf
these items.
. Reduction of Fresh Air Infiltration. r a r will be
requked to sign Exhibit E.(Ventilation Hold Harmless' Agreement) which imputes aH
responsibility the r for the r maintenance of interior moisture and
humidity levels.
36. Salvage f Materialsr&EqWpment. If the Property Owner desires
to retain rm f the ri r equipment removed from the Property as a result of the
Program Improvements, the nar shall arrange for the l f said
materials and eqemu mm rm it the nt f r at the m sole risk
and expense. The assumes no responsibilityr the condifion of the material,
equipment r surrounding surfacesresult of the rm r m aaf salvage. The
Property Owner and the f r shali, prior to the mama rrmarmf of construction,
agree upon and execute rmf iisting those ulfams to a salvaged. In the absence
_......._ _ .__ ..... .._ ....__._._ .__
------
P�-qpeny O~r Noise Insulationa 10 of 28
of such a written agreement, all Items shall become the the Contractor.
Materials and el m t not listed for salvage by the Propertyr shall becomet
property of the Contractor.
Insurance, During Programunt Iun period, the
Contractor vAl provide builders insurance for the Property. The Property Owner
shall have the Iptl t the Proderty Owner's solet and expense, to maintain
horneowner's insurance policyr the duration the un tr don of the Program
Improvements. The Property Owner understands that, fofloyAng final comptebon, the
Contractors II risk insurance %4mlI cease, and it is advisablefor tl rt
Owner to obtain insurance to cover any value added to the Property by the Program.
38. Timing . Construction. The Property r
understandsthat there is a charice that nstruction Itself may exceed the rat t rw
out l a l projected t l urn time period. The PropertyOwner also understandsthat
the constructioninvolve substantial inconvenience ld generate sIgnlficant
quantities of ust and debris rendering portionsof the PropertyI h It l for
extended pedods of time.
39. Labor and Material Release. The Property Owner releases and
forever Ise II Ialms, suitsI lun t the Program Manager;
the County and its officers, employees, agents, consultants; and contractors
suppliers it respect to issues relatlngto the con labor, materials
acoustic e I till In the ProgramImprovements. t' 'l In this ll
limit the warrantiesfor materials andI t Iun In the ContractIt the
general contractor.
40. I . In the event the r sells, conveys or
otherwise tmnsfers title to the r the m l tI ll phases the
Program process, the PropertyOwner hereby agrees to providethe buyer with a copy
of this Agreement prior to the closing on the sale, nce or other transfer, and t
transfer ll of the Iperty Owner's responsibUffles and -obligationsr this
Agreement to the buyer as a conditionthe purchase, conveyance or other transfer of
the Property.
term, 41.any
l r. I r q l in,, r n ant t r of
covenant r condition of shall be construedconstitute, a waiver of,
acquiescence in, or consent t ther, further or succeeding breach of the same or
any t r term, covenant or condition hereof.
Release42. _e... W In the event that this t I
canceUed or the t determines that the Easement shouldI t
the Property Owner, upon writtenrequest by the County, shall pay to the Countythe
sum of One Hundred Doflarst to cover the costs of the preparation
recordingthe ReleaseEasement document in the public
Florida. PropertyOwner understands that It is the Property Owners
responsibilityto insure such u t is made I r t "clear" the title to the Property.
Noise Insuladon Agmement _ Page 11 of 28
43. Authority to Execute On Behalf Of Coun . By Resolution No. 111-
L004, duly motioned and passed a�t a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full
authority for the County Administrator to execute tWis—Agreem—e rat on—behalf of the
County without further action by the Bo,ard of.County Commissioners,
44. Attachments. Attachments to this Agreement include the folloWng,
which are incorporated into this Agreement by reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit B- Legal Description of Property
c. Exhibit C. Program Improvements.
® Exhibit D: Deficiency Hold Harmless Agreement
e. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. qovem:1nA Law lnte� tion Costs and Fees., Venuq,_pLqt@
(1) This Agreement hall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
(2) In the event that any cause of" action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Property Owner agree t t venue will lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida.
(3) The County and Property Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
(4) The County and Property Owner agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enfbrcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevalling party. Mediation proceedings
initiated and conducted pursuant to this Agreement all be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Bindinci Effect. The terms, covenants, conditions, and provisions of
this Agreement shafl—b!�Ti-n—re to the benefit of the County' and Property Owner
and their respective legal representatives, successors, and assigns.
Pwpem Owner Noise Insulation Agreement Page 12 of 28
c. Severablilt , If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby, and eacti 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 origirial intent of this Agreement.
d. AgIbodt asents and warrants to the other that the
.y. Each party repm
execution, delivery and performance of this Agreement have been duly authodzed by all
necessary County and Property Owner action, as may be required by law.
e. Duration of Agpg@Mgg. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
-the County and shall remain in effect for a period reasonably required to effect the
Program Improvements (the 'Term"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. Acceptance of Gifts u
, Grants, Assistance Funds, or B%Lests. The
County and Property Owner agree that each shall be, r i , 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 fbr Federal or* State Aid. The County and Property Owner
agree that each shall be, arid_!s_, empowar;d_to i-p-my for, seek, and obtain federal and
state funds to further ttie 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. Adludication of Dis utes or PLIsagreements., The County and
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 relief or remedy as may be provided by this
Agreement or by Florida law.
1. Nond iscdm!nation. The County and Property Owner agree that
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates 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 nond iscrim!nation. These include but are not limited to: (1) Title
V1 of the Civil Rights Act of 1964 (P.L. 88-352) 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. s. 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), wtilch
..........
Propeny Owner Noise Inm1adon Agmement Page 13 of28
prohibits isrti in tin on the basis o ; ( ) The Drug Abuse Officen Treatment
Act of 1 ( .L. - ), as amended, relatingto nondiscrimination on the basis of
abuse;drug ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention,
Treatment and Rehabilitation1970 .L. 1- 1 ), as amended, relating
nondiscrimination on the basis of alcohol abuse or alcoholism; ( ) The Public Health
Service 1912, n , ( - - ), as amended,
relating tconfidentialityof alcohol and drug abuse patient ; ( ) The Americans
With Disabilitiesf 1 (42 U.S.C. . 1201 Note), as may be amendedtime t
time, relating o nondiscrimination on the basis of disability; ( ) Thee Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, ion 509.092, Floddat tut s), as
amendedmay be from time to time, relating o nond iscdm! tio ; ( ) The Monroe
County Rights inn (Chapter 1314, ArticleIII Sections 1 -1 1 through
1 -1 ), as may be amendedfrom time to time, relating o nondiscrimination; and (1 )
any other nond iscd m Mation provisions in any federal or state statutes or local
ordinances hick may apply to the parties , or the subjectmatter of, this Agreement.
j. QoqpK i In the event any administrativer legal proceeding is
instituted iseither party relatingto the formation, execution, performance, or
breach of this Agreement, the County and Propertyr agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities relatedthe substance of this Agreement or provision of the
services under this Agreement. The Countyr specifically agree that
no party to this Agreement shall be requiredr into any arbitration proceedings
related to this Agreement or any Attachmentr Addendum to this Agreement.
k. o � Documents.- The Countyd Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordancei Ily accepted accounting principles
consistently lied. Each partyto this Agreement or their authorized representatives
shall have reasonabletimely access to such records of each other party to this
Agreement for audit purposes duringthe of the Agreement and for four years
following the termination oft is Agreement.
I. Covenant, of No Interest. The Countyr
covenant that neither presently has any interest, andshall not acquire any interest,
which wouldof in any manner or degree withits performance under this
Agreement, and that only interest c is to perform and receivebenefits recited
in this Agreement.
m. Code of Ethics. The County
employees of the Countyrecognize n ill be requiredto comply with the s of
conduct relating to public officers andploy li in Section 112.313,
Floridatut s, regarding, not limited , solicitation or acceptance of gifts; in
businessih ; unauthorized compensation, i public position,
conflicting ply r contractual relationship; and disclosureor use of certain
information.
_.......ae ........_ .
Owner Noise Insulation Agmenient Page 14 of 28
Solicitation/Payment. The County and Property Owner warrant
that, in raspect 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 tD 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 from monies owed, or otherwise recover, the full
amount of such fee, commission, pementage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permit reasonable access -to, and inspection of, all documents, papers, letters, or other
materials subject to the pmvislons of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction Wth this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Pmperty Owner. Public Records Compliance. Property Owner must
comply with Flodda public records laws, including but not limited to Chapter 119, Flodda
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 othermpublic record" materials 11-1 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 tD contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the
fbnTi of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attomey's fees and costs associated Wth that proceeding. This provision shall
survive any termination or expiration of the contract.
The Propeity Owner is encouraged to consult with its advisors about
Florida Public Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, 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
................. .. .............
Povpeny O*mer Naive Inniation Agreement Page 15 of 28
authorized by law for the duration of the contract term and fbIlowing 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 It 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 the 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 stared electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the Information
technology systems of the County.
(5) A request to inspect or copy public records- relating to a County
contract must be made directly to the County, but if the County does not possess the
requested records' the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copied within a reasonable time,
If the Property Owner has questions regarding the application of
Chapter 119, Flodda Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
p. Non-Waiver of Immunity. 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. Pdvileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, �-r—din"—ance—s, 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 limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
its, volunteers, or employees outside the territorial limits of the County.
r. j Lega O and Reonsibilities; on-Delegation of
_N g, spy
Constitutional or Sigtutoa Duties Agreemen. This t is not intended to, nor shall it 13—e
R�id as5relieving anFp 1pating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
toi 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,
—---------Noperty Owwr Noise Imulation Agma Page 16 of28
state statutes,, law, and, specificafly, the provisionst 125 and 163,
Florida Statutes.
s. Non-Railance by Non-Parties. No personentity shah be entitled
to rely upon the terms, r any of them, this Agreementenforce
hereunder,enforce any third-party claim or entitlement to or benefit of any service or program
contempiated and the County and Property Owner agreethat neither the
County nor Property Owner or any agent, officer, or employeeeach shall have the
authodty to infbrm, counsel, or otherwise indicate that any particular individual or group
f individuals, entity or entities, have entitlements or benefitsunder this Agreement
separate and apart, infedor to, or superior to the communityin general or for the
contemplatedpurposes in this Agreement.
w Aftestations., The Property Owner agrees to execute
documents as the County may reasonably require in the performance of the DbHgations
dufles of our r Property Owner under this Agreement.
. No PemongLvuu . No covenant or agreement contained
shail be m r a0reement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent r employee of Monroe County shall be liable personally this mom r be
personalsubject to any liability r accountability by reason of the m i n of this
Agreement.
v. Execution in Counterparts. This n may cud i
any number r rm inch shall be regarded as anoriginal,lW ll of which
togethertaken shall constitutethe same instrument and any of the parties
hereto may u thW Agreementsigning nt .
w. ul un.s. Section headingshave n inserted h
Agreement rm r of conveniencef.reference only, p it is agreed that such
sectioniIngs are not a parti r m and ill not be used in the
interpretation of any provision of this Agreement.
............ .............. __..._
Omer NoiseImulation Agmement Pap 17 of 28
IN WITNESS WHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
� Wl S 8 PROPERTY OWNER:
L
S gnature
'V ox L'4
Printed Name
Fjrlmted Name
L il_k_#i MilL "
L-A A311, m I_61-g—nature
0 Data
Printed Name
.............. ......................................
.................. .................. ................
WITNESSES: PROPERTY OWNER:
dignaw a
Signature 3W
Printed Name
................
Printed Name
Signature
Date
co Fi
Printed Nami
. ................
44 C -I.' — _. 1 1...............
N�
............
,.MONft0t.0b6NTY BOARD OF COUNTY COMMISSIONERS:
MAYOR I CHAIRMAN:
Sylvia J. Murphy
OKCLERK
By: A�A
Deputy Clerk 7ig ni, -i.j rme
'44 k,f
COON" ATTORNEY, J
.2M FOA
............. 1_RPh"'5yjq`fP. ......
Property 0 er Noise Insulation Agreement PJEDRZJ.MERCADO w m ASSJSTAt,�i 'r JUNI Ve 18 of28
Date_,
PROGRAM POLICY STATEMENTS
Exhibit
NoiseTO
Property Owner I ti
A. r Conditioning: General Restrictions. Whileproviding new ductless "mink
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 will be installed on the balcony
2. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent ith KWBTS Board policy rules, maintaining a maximum height of 48
inches.
3. II condensate lines will be installed n the building exterior consistent with KWBTS
Boardpolicy rules to ensure the highest level of consistencyand building
architectural aesthetics.
4. II interior AC lines (refrigerant, nst , lc cal) and Energy Recovery
Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters which
ill be constructed to matchthe quality of 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 executivearchitect ill
view this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that determined the Program Manager to be
deficient will be replaced by the Program as a part of the Noise Insulation Program
modifications.
WindowB. ill Replacement. Due to the presence of asbestos, the NIP will provide
new custom wood surround and sill instead of the existing u surround.
to this revised plan, existing custom sills (marble, granite, ) will not be replaced.
This revision will be an improvement, while decreasing constriction costs and improving
time efficiencies.
C. Custom Crown I ink and Baseboards Restrictions
The new asbestos abatement requirements Will restrict the ability to remove existing
custom trim and baseboard prior to construction (as originallyassumed), 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 trim flush to the face of the new pilaster or
tru wall ifill. At new pilaster locations and, if the thru wall ac ifill abuts the existing
baseboards, the contractor will install a standard { " x 5-1M painted wood trim t
abut the existingtrim, rather than attempting to match the existing custom trIm profiles
and materials. After the completion of the NIP construction, the property owner will
..._______.....
....
Exhibit A-Proper&Owner Noise Insuladon Agmement Page 19
have the option to replacethe installed trim it other custom trim o match the existing
materials and profiles.
D. r Threshqld Heights. to stringent Florida hurricaneimpact and water
infiltration building , all new aluminumacoustical prime entryswinging o
sliding lass patio doors will have thresholds t are considerablyhigher (from the
floor) than existing door thresholds. These higher door thresholds s! t
provide optimum protection to the interior of a condominiumfrom water infiltration durin
hurricane.
AsbestosE. KWBTS tl
requiredAs t to and federal requirements, C conducted asbestos testing II
participating condominiums in Buildings A, B and C duringthe November 2011
to April '2018 timeperiod. This testing included Ile in 7 to 9 samples at each
condominium include p u a joint u indow glazing, and exterior
window door caulking. In addition, random. rir stucco l a collected
n both the "walkway" "courtyard / balcony" building l v ti s.
Depending n the laboratory analysis f these samples, the presence of asbestos
containing t ri I ( ) have the potential to impact several areas of the I
construction process include:
window ov I and acoustic window installation,
- door removal and acoustic door installation,
removal of portable "through-wall"AC units and-the infliling of openings,
ceiling cuts requiredr installation of the ductless AC,
wall cuts required for the installation of the ductless AC,
construction of vertical wall pilasters requiredr installation of the ductless
AC system & ERV ducts,
® construction of closet soffit for installation of the ERV..
AbatementF. Asbestos Reguirements
In the event any samples show presence containing material (ACM), the
awardedI r will be requiredo perform the followingabatement
u!rements durin construction:
ifs files show presence of ACM C 10/6
The NIP contractor will be requiredto comply with OSHA worker safety requirements t
include r respirators, poly curtains in all areas where the surfaces are disturbed
d the use of HIEPA vacuum cleaners in the areas where surfaces chipped, cut
and/or sanded.
__ .......... .......
it - o' Insulation n nt a 20 of2
tf sarpj?les show apresenq kfACM >1%
The NIP contractor will be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency(EPA)to include:
Construction of ACM containment barder's in all areas (walls, ceilings, closets,
windows1doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
Abatement and bagging of ACM (resulting from demolition, process) by
certified asbestos abatement staff,
- it sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abaternent)workers.
- THC will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance Wth federal and state abatement guidelines,
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
wIll require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
wIli result in new proper r requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authority of )oslgn Decisions. The KW. BTS Board will have the
Authodty to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
® Interior Ductless "Mini-Split" AC System Installation Requirements
5. Interior Ductless "Mini-Split" AC System Interior it Design and Placement
6. In-Filled.Kitchen Prime Door Policy Treatment
............ ........
...........
Exhibit A-Prop"Owner Noise Insulation Agreement Page 21 of28
LEGAL DESCRIPTION OF PROPERTY
Exhibit
To
Homeowner Noise Insulation
Condominium nit No. - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according
the Declaration of Condominium thereof, recorded in Official Records Book589, Page
7 , as amended from time to time, of the Public Records of Monroe County, Florida.
Exhibit -Property Owner Noise Insuladon Agreement Page
PROGRAM IMPROVEMENTS
Exhibit
NoiseTo
Homeowner t
This Exhiblt C represents the Program Improvement c r an eligiblehome that
includes the Program Improvements vlo y the Program Manager to reduce the
interior environment of a property by a minimumof five (5) decibels.
typical Program Improvement package may include:
Iry Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging PrimeDoor(s)
Replacement Aluminum Acoustical Sliding Glass Patio or( )
Exhibit C-P�openy Owner
. Noise1 'o Agreement Page 23 of 2
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit 0
. To
Property Owner Noise Insulation Agreement
I. 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 "Agreemenf) between the County
and Pmperly Owner and to which this ExhlbN 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, indemnities and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily Injuries or death, damage to the property,
and the consequences thereof, and any of the'fbiegoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
Z The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Pmperty, whether visible to the Program Manager or unseen.
& The Property Owner understands that the Deficiencies include any
deficiencies present in the Pmperty at the time of execution of this Agreement which could
include, but not be limited 'to, code violations, structural ,damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and parl'bri-nance of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identified and documented, the
Program r®will classify the observed Deficiencies as either"M ire or" or"Severe".
5 The Property'Owner assumes full responsibility for the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified during the design
process, the Pmperty Owner agrees to complete necessary repairs to the Property, to
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the Program improvements, In the rare event that "Severe" Deficiencies
are uncovered dudng the construction period, the Property Owner agrees to complete
.......... I ..................
Exhibit D-PropeM Omer Noise Inm1ation Agreement Page 24 of 28
necessary repairsto the Property, to the acceptancer t
minimize el y or stoppages of work.
. The undersignedc n e and agree that all of the release and hold
harmless and indemnity visions set forth in Paragraph I of this Exhibit D apply to
damage,property injuries, dea or damages arisingDeficiencies for all
negative impacts that later result after the additionthe Program Improvements. The
provisions of this l !t Q shall survive the termination or expiration of the Property
Owner Noise Insulation n .
8. The undersigned hereby agree that the terms and provisionsof this Exhibit
_ II binding n, n inureundersigned their respective
h i personal representatives, successors andassigns.
IT
1
_SS PROPERTY OWNER:
Signature
_.
�5-mnted Name
s ?da.0 ...........a db !J sa � ��.,..r�....k � uuuu.... ........
ame
e
f 3
..
WITNESSES: _� _ PROPERTY_ _ - �.....�
:
Signature
Signature
Printed Name
_..,
Printed Name �
SignatureDate
4
Printed Name .
PROPERTY OWNER
Signature
Signature
Printed
in Name
Printed Name
Signature MR
Date I
i rinted.........Name I
i st D-Property Owner Noise Inmiationa a 25 of 2
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 'Improvemen t ts to be made o the Property
described in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Ekh1bft E is attached, the undersigned, fbr and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, fbrever releases, remises, discharges, indernhifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of Its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the foregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successor's and
assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") 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 in filling of 'thmugh-wall" portable air conditioner units
and the addition of a replacement ductless "mini-split" air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring 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 interior 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 of a condominium, the Property Owner
agrees to assume full responsibility for ensuring 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 ll vent that was designed to allow the passive exhaust of
i4ibit"Ir'--—Pmpeny Own—e-r Noise I. ul'ation Agmement Pa I ge 26 of28
bathroom of tu in a central building exhaust shaft. During the Program design
survey process it was discoveredthe KWBTS buildings lack a solidcentral building
exhaust shaft. Due to this i ting condition, these ri i I wall vents if still present)
have the t ntl I to providet r unwanted air, r gases Into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing of original wafl vents in all bathrooms and for any and all negative Impacts that
may'result if left untreated.
5. It is clearlybuilding i i tI to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a PropertyOwner has incorrectly uu
their laundry dryer vent to the it i exhaust shafts, they agreet
correct this fi i ncy by pmperly exhausting their laundry dryer exhaust in an
alternative meh that meets current building code, at their cost beforethe Initiation f
the construction Ih rr , the l to assume
any and all liability l t to the improper uu lr f their laundry r exhaust.
6. The PropertyOwner understands that the Program Impmvements will not
address kitchen h bathroom mail tiand/or excessive i t Ih ml w levels
generated the r within the interior of the condominium. The Property
Owner understands and assumes full responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence or worseni f moisture probl m r Interior humidity
levels In the Property. In iti n, the Property Owner agrees to assiumefull
responslbUlty for the maintenance and operation of the NIP venting modifications after
completion ofthe Program Improvements.
7. The undersigned acknowledge and agree that all of the release, hold
harmless indemnify I I rm t forth In Paragraph t of this f fapply t
Mjudes, deaths, or damages sustained in connection with or as a result f any and all
Interior ventilation deficlenclesire r the addition of the Program Improvements
including, but not limited t , high hiumidity, mold, mll f r lack of proper exhaust
ventilation. The provisions of this f f shall survive the terminatlon or expiration of
the i Insulation Agr u t.
B. The rm I hereby r that the terms and provisions of this
Exhibit_ — shall be binding upon and Inure to the refit of the undersigned their
respective heirs, personal representatives, successors andassigns.
w a � PROPERTY OWNER:
A-"'a'
m , `, ��
gnatum
SignaMire
hr
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C, r t d Name
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Printed Name
i -Property Oymero' lt' et Page 2
Fr. ._ .�._.. �. ...... .... ..._.;
OWNER:WITNESSES: PROPERTY
Signature
Signature w d
dn ted Name
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Printed a _.._
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Signature
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Printed Name
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..... .._....._.®........._. � - � ��......�.......� � � ..... _...
I PROPERTY
Signature
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Printed m
I Prin Name
Signature
Date
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.. ______.._... .......� e ..� ..�.�.�. ........................................... .:
Exhibit -Property Owner NoiseI l t Pagel l