09/18/2019 Agreement/Easement-C307S �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
Prepared By and Return
Heather P. Fauberti
NIP Assistantj r 1/2 11:28 AM POP 1 of 4
Inc.
710 Daculau! 1 p mialRwmo
c ! , GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thisle day of ..
"PATRICIA ", hereinafter referred t `°t r r," in
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic
and corporate, hereinafterr r t " "
RECITALS:
A. The r r is the fee simpleitl l r to certainreal property ("the Property")
located in Monroe County, Florida, more particularlydescribed follows:
Condominium nit No. 307SC, T BY THrE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominiumthereof, recorded in Official Records Book 589, Page 370, as amended
from time time, f the Public Records of MonroeCounty, Florida.
also identified t : "2601 S. Roosevelt ., Unit C307S"
B. The BOCC is the owner and operator of Key West Intemational Airport(uthe Airport") and
desiresto make propertiesthat, t ugh interiorni u testing, are determined
incompatible It of their exposure to aircraft noisecompatible r residential
purposesthrough the implementation of a Noi Insulation ("NIP'),
UnderC. the NIP, the Airportill design and install r pay for the installation of
improvements an ifi ti to the Propertyner's Property necessary to reduce
interior noise levels at least to bringthe interior noise level below
dB in accordance withr i ti n Administration policy. Granting n Avigation
Easement (" nt') is a BOCC condition of participation in the NIP. The t
ill supersede anyimplied r prescriptive easementsthat the BOCC may have obtained
under applicable laws.
D. The funding u r said NIPill include funding r the UnitedStates rn nt
pursuant to the Airportn i Improvement Act of 1982, and will include n in
from the BOCC, actingin its capacityowner and operatorf the Airport,
E. The PropertyOwner desires to participatein the NIPn tr into a Property
Owner Noise Insulation r ith the BOCC. Thel nt tin of the
_.. _ ... .........
y West I nternational Airport NIP—Aviatin Easement(Una 07S) Page 1 of
NIP will benefit the Property Owner and the Property y providing certain remedial 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 with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 Existing Condition Noise Exposure Map
accepted by the Federal Aviation Administration ("the FAA") on December 1 , 2013.
G. The NIP will be administeredin accordance with the current FAA Order 5100. , Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
THEREFORE,NOW for and in consideration of the improvements to be made to the Subject
Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both
parties, and in consideration and incorporation into this Avi ation 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 and all
successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors and assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the right to generate and emit noise and to cause other
effects as may be associated with the operation of aircraft over or in the vicinity of the
property. This Easement shall apply to all such aircraft activity at the Airport, present or
future, in whatever form or type, during operation at, on, to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
within the purviewof 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
ope for of the Airport.
3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors
in interest, does hereby release the BOCC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, managers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney'attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
or will in the future possess, as a result of Airport operations or aircraft activities and
noise levels related to or generated by Airport activity, or may hereafter have as a result
of use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous property due to noise, and other effects of the operation of the
Airport or of aircraft landing or taking off at the Airport.
_---------._ _
Key West International Airport NIP—Avigation Easement(Unit#C307S) Page 2 of 4
. This Easement expressly excludes and reserves to the Property Owner and to the
Property Owner's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or ert's fee, or causes of action for
physical damage or personal injury caused by any aircraft or part of any aircraft using
the Easement that does identifiable physical damage to the property or injury to a person
on the property by coming into direct physical contact with the property or the person on
the property.
. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of any alleged breach of
any provision of this Agreement, the prevailing partyshall be entitled to all costs,
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
. No provision of this Agreement is to be interpreted for or against any party because that
party or that p legal representative drafted such provision. This Agreement shall be
interpreted and construed according to the laws of the State of Florida.
7 No breach of any provision of this Agreement may be waived unless in writing. Waiver of
any one breach of any provision of this Agreement shall not be deemed to be a waiver
of any other breach of the same or any other provision of this Agreement. This Agreement
may be amended only by written instrument executed by the parties in interest at the
time of the modification. In the event that any one or more covenant, condition or
provision contained herein is held invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall in no way affect, impair or invalidate any other provision hereof so long as the
remaining provisions do not materially alter the rights and obligations of the parties. if
such condition, covenant or other provision shall be deemed invalid due to this scope or
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the scope or breadth permitted by law.
8. In the event the Airport shall be subdivided into more than one parcel, or the Airport or
portion thereof becomes subject to operation, management or administration by a party
in addition to or in lieu of the BOCC, then and in that event the parties agree that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airport flight purposes, and that any such successor
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsible for
all costs of maintaining and operating any sound attenuation materials and equipment
installed in the Property by or on behalf of the BOCC.
........... _ ... ................................................. . ......_......................... .........................................................
Key West International Airport NIP—Avigation Easement(Unit 3075) Page 3 of 4
This Easement Agreementis executed as of the date first written.
�.._........ __.--_......- ..... ........... . .... _. _..-._. _ _..... _. _._......
PROPERTY OYVNER- PROPERTY OWNER:
"o:
Signature Signature
Printed Name Printed Name
Date Date
STATE OF
n
1 RL&1014 NWARY PU13UC
OOMMONWLALTH OF vi Nw
COUNTY F U .s1,2022
rr f
foregoingThe instrument s acknowledged beforethis of J a a 20
4 , - 1. i .
, '
Property Owner Nam (s)
y Commission i
ry Pu is Sintu '
I
........................_I ......—__... ........................_................... _...� ..-_.........
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MA
Signature
Printed Name ,
Pri nte d Name
SI n U
I
L
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before , 20
by _ 1
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
i
y Commission Expires:
Notary Public Signature
.__....... ..-- _.. ......._.
. .... . _ _ .... ...................
m n
' 1 T 'N ' s
Off' ED AJ5,-
.................. IF Mi
Key West IntemationM Airport N0-' igafien aa'amant(Una#C 3-O7S-) i j, 3 Page 4 of
7 t°''
Address: Kev West b� the Sea
Unit No.: C307S
Name(s): Shoaf
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the "County"),
and the undersigned (the "Property Owner").
W I T IN 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 particularly described on Exhibit B attached hereto (the "Property"); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularly described on Exhibit C attached
hereto (the "Program Improvements"), said Program Improvements to be paid for by the
County at no cost to the Property Owner and in exchange for the granting to the County
of an avigation easement over, across and through the Property; and
WHEREAS, the County will enter into a construction contract with a
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting of
a team manager and assistant manager, architect, mechanical / electrical engineer,
acoustician and construction manager selected by the County (the "Program Manager");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
-........................................--.1-1.1........
Property Owner of Imelation ement Page I of28
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the County an avigation
easement (the "Easement") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
2. P,r ram_Policy Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed a series of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescribed Program Improvements will be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
3. Payment of Program Improvements. The County agrees to pay for
the Program Improvements described in Exhibft Q attached hereto, The Program
Improvements will be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. I Comnetitiveaaa Bid Process. The Property Owner shall not
impede or interfere with the Contractor's abillw'f "select between approved product
manufacturers and subcontractor's 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 sale discretion, result in disqualification from the Program and
cancellation of this Agreement.
5. Construction Contract,. The County will award the contract for the
Program Improvements consistent with Federal and County competitive bidding policies
and procedures. The contract will require the Contractor to complete the Program
Improvements within a time period defined by the Program Manager.
6. Pre- & Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and requirements pertaining to both pre-construction and post-
construction:
a. Prior to the start of N I P construction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium;
(2) Moving of all furniture and belongings into the "Designated
Storage Space Area" within the condominium, providing the required "clear area" (white
Propen),Owner Noise Insulation 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 "Designated 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 items from their
condominium or wrapping with protective poly before storing them in the "Designated
Storage Space Area";
(6) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing them in the "Designated Storage Space Area";
(7) Moving all small items and belongings into either the closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
(2) Moving of any excessive furniture and belongings back into
the condominium;
(3) Re-installation of all wall treatments, door treatments and
wall hangings back to their original positions in the condominium.
c. In the event the Property Owner it 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 for any and all resulting damages and all direct and indirect
costs related thereto.
7. LmILedin A Construction. Once construction at 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 Program
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
------------ ..................
Property Owner.,Volse ImuladonAgreement Page 3 of28
aIt ers the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8. Safe Worldna Environment. The Property Owner shall be responsible
far providing a safe working environment for the Program Manager, Contractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsible for:
(1) Providing a working environment that is free from potential
health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
in and/or explosives;
(2) Refraining from verbal abuse or profanity;
(3) Refraining from aggressive physical contact; and
(4) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner falls to meet any of the foregoing
conditions, the Program process may, at the County's discretion, be temporarily
suspended at any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating the corrective action(s) and/or condftlon(s) required to be
compI eted or performed by the Property Owner prior to the County resuming the
Program process.
c. In the event the Program process is not resumed due to the
Property Owner's failure to complete the corrective action(s) and/or condition(s)
required by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor for any and all damages and all direct and indirect costs related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
9. Construction,,Delays. During the construction period, the Contractor
may experience unforeseen complications relating to the installation of the Program
Improvements. The construction contract shall provide that delays related to these
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the time for completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contract or if the Program
Improvements have to be re-bld in the event of lack of bidding contractors and/or failure
of the lowest responsive, responsible bidder to execute the contract, provide a payment
and performance bond or show proof of required insurance.
10. g@Lja3&gp9 of Work. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
....................
Property Owner Noise Imulaton Agrement Page 4 of 28
sole discretion, at any time during the Program process, provided such changes do not
reducethe scope or quality of the-Program Improvements described in 'Exhibit and
such changes necessitated by the discovery of hidden conditions not readily
detectable urin normal property Inspection procedures.
11. Acceptance of Wor . Upon completion of the Program Improvements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to determine if they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and performance issues as they relate to the Contractor, subcontractors,
suppliers and acoustic designs. The Property Owner is requested to attend the
Substantial Completion Inspection and provide input to the Construction Manager with
respect to the identified punch-list items. In addition, the Property Owner is welcome to
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
Property r shall be required to submit the discrepancy in writing to Monroe County
(representative in bethre the NIP constructionprocess) within 7 days of the
inspection giving rise to the discrepancy. onroe County shall then make
determination as to the acceptability of the conformance/performance issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any confo n Irforn /issues. Failure y the Property Owner to submit the
written complaint within the time period specified above shall thereafter foreclose the
Property n right to file such complaint.
1 . Termination of nt. The PropertyOwner understands that
the signing of this Agreement. initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the Program.
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
impedes the progress of the performance of the Program Improvements after the award
of the construction contract, the Property Owner will be liable to the County for any and
all damages and all direct and indirect costs caused thereby.
13. Warranties. The County does not represent or warrant the level of
noise reduction that the Property Owner will experience within the Property result
of the Program Improvements performed as part of the Program.
. The County that its contract with the Contractor will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided for in Paragraph 9.
. At the end of construction, the Program Manager will provide the
Property Owner with a WarrantyFinal Closeout Package which will contain copies of
the warranty policies, product instructions, design documents and legal documents. As
condition of receiving the Warranty & Final Closeout Package, the Property Owner
.......... ................._ ........ . _... .......... ............................................... ._...__._. .......... ............._._.........................._...... ...___
Property ois I ion Agreement Page 5 o,f 28
must first submit a completed I 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 differ among product nu ure . 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
ordinate any required r ervi and agrees to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty is u (s):
(1) The Property Owner's 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 arises during the one-
year warranty period from the Contractor or thereafter:
( ) The Property Owner believes that warranty service is
required with respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty period for the product has
not expired, and the manufacturer is currently nuctin its business; and
( ) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
1 -Existing Deficiencies. The Property Owner will be required to
sin Exhibh D (Deficiency Hold HarmlessAgreement) which will impute all
responsibility and liability to the Property Owner for any and all presentPre-Existing
Deficiencies at the Property, whether seen or unseen.
15. Pre-Work eui men .. The Property Owner will be required
to complete any and� ll Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic modifications. The Property Owner will be mguired to complete all
designated Pre-Work items utilizing their own funds and per the m ui deadlines as
established the I .. In the event the PropertyOwner fails to mplete the
designated Pre-Work items by the established NIP deadline, the Property Owner shall
be removed from NIPparticipation 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. Cit of Key1�lm4 West "Hard-Wired" Smoke Alarm Requirement. 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
required to install 1 -volt "hard-wired" smoke alarms in their condominium in
_._. _.......... �__......______.._____ -----
Property ner Noise Insulation Agree a a e 6 o,f 28
accordance with all applicable codes and regulations by the itdeadline
establi h ro r� „r ,ill r �rz i t ur t t tho
«.�.smokel r t installed i withint condominium r I
ii i ill occur, to avoidpotential impedance to the NIPconstruction
process. In the event the Property Owner falls to install the designated "hard-
smoke i s
alarms the establisheddeadline, the Propertyr shall be removed
from I i i .
Suspension17 r g r Process. Program
temporarily suspended at any ti ri the designt construction phases upon
the discoveryfi i r i their potential impact on the Program
Improvements r warranties. The Programr ill not resume until the
Propertyr has correctedall related r l to the satisfactionof the r
Manager. In the event repairs r t completed in a timely r9 the Property
Owner will be liableto the County for any and all damages and all direct andindirect
coststo delayt of the r .
f . Umitation on Alterationsthe Propert The Propertyr
agreest to make alterations, or to� permit any tenant occupying any portionf the
Propertyto make alterationsthe existingi r walls from the time
the Designt til the constructionf the r Improvements have been
completed. ti this rule t be pre-approvedin writingProgram
Manager. Failure to adherethis it # may, at the optionf the Program
Manager in its solei t ti l in an immediate i the constructionf
Programthe Improvements on the Property' The Property Owner will be liable to the
County for all direct and indirect ts associated withIt r ti
damages related .
19. re and Post-Construction No1 Tesf _rgcess. Pre- & post-
constructioni testing is a very important Program processthat is i t
determinemeasure and h I achieved noiselevel reduction t 1 attreated
properties. If selectedthe Programr for pre- & post-construction noise
testing, the Propertyr agrees to provideto their property for testing
agreest to make alterationsinterior of their property
Deficiencies)repairs of from the time the gr�-oonstEqctjon noiseto post-
construction noise . In an effort to insure consistentise data collection, t
r r also agreesinterior layout of furniture, r coverings
and window treatments rtimesaaa - r i i test to the
try i noise test. T r r r--understands that the failure to adhere to
this requirement may result in corruptioni testing t . Therefore, the
Property Owner understands they liable the County for any directit
noisetesting in the t these requirementst met.
20. Cooperation. 1requested, t r shall
t l t tr r, the Programr and Monroein the
performance f all phases of the Program # including, t not limited to,
the removal and reinstallation rugs, ll hangings and furniture
_... ...................................
Property er Noise Insulation a nt Page 7of2
21. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
22. ,Design,and id Process Access. At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP email andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and consultants c ss to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-noise testing and pre-bid visit. In the event the Property Owner fails to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
2 . Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight O 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 furniture storage responsibilities. Failure could
result in the suspension of the scheduled NIP construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect costs related thereto.
2 . Pre and Post Construction Access. At scheduled times and/or
upon not less thantwenty-four (2 ) hours advance notice (via NIP email andlor letter)
and per the established I construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants c s to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner fails 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.
2 . Construction Period Access. Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will include the required number of calendar days to complete the NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assigned time period. In
addition, the Property Owner agrees not to -enter their property for any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner fails to provide access for their
assigned construction time period, the Property Owner shall be removed from NIP
.. ... .................................._...... ......... ._
Property Owner Noise Insulation ee nt Page 8 o 2
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.
. Construction Period Extension Due to Hurricanes. Since the NIP
construction period will extend into the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally assigned construction time period, without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium for all additional calendar days resulting from NIP construction work
stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owner fails to provide the required
additional access to their condominium due to hurricane-related work stoppages, the
Property Owner shall be removed from NIP participation and the Property Owner shall
e liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect is related thereto.
27. Discovery of Pre-Existing 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.
. Impact Unforeseen T BuildingConditions on Construction
row _
Schedule. The Property""'Owner understands that unforeseen building conditions that
may arise 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
Contractor. 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.
. Existing Window / Door Treatments, Shades and Blinds. 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 crown oldi During the installation of the new
acoustic windows and doors, the NIP will be providing new "standard" replacement
interior trim and sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown molding patterns and/or custom window
and door trim. After the completion of the NIP modifications, the Property Owner will
have the ability to make modifications to the NIP interior trim at their own expense.
Property Owner Noise imularion Agreement Page 9 of 24
1. Communication uirn� ,. The Property Owner agrees to
read and review all NIP eils and/or letters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
fails to meet this requirement, it could result in removal from NIP participation.
. Title Examination. The Program Manager has obtained or will
obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens and/or title defects.
3 . Cooperation in Clearing Title. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (I) correct any title defects affecting the Property which are disclosed
y the "Abstract of Title" and in the sole determination of the County may serve to
invalidate the Easement, and (ii) secure the written consent of any and all mortgage
holders to the Property Owner's conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the "Title
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
. The Property Owner shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements s may reasonably
be requested y the Program Manager and/or Monroe County.
b. After final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and operation of
these items.
. Reduction of Fresh Air Infiltration. The Property Owner will b
required to sign Exhibit (Ventilation Hold Harmless Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
. Salvage of Materials & Equipment. If the Property Owner desires
to retain any of the material or equipment removed from the Property s a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the Property Owner's sole risk
and expense. The County assumes no responsibility for the condition of the material,
equipment or surrounding surfaces as a result of the owner-requested salvage. The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those items to be salvaged. In the absence
....................... __.. ...._ _......... ..__....................
-----------------
Property Owner Noise Insulation Agreement a e 10 of 28
of such a written agreement, all items shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
7. Proppay Insurance. During Program construction period, the
Contractor will provide builder's risk insurance for the Property. The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain
homeowner's insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractor's builder's risk insurance will cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property y the Program.
38. Timing and Effects of Construction The Property Owner
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, suits and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractors and
suppliers with respect to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
0. Sale of Pro pe In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owner's responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
1. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquiescence in, or consent to any other, further or succeeding ch of the same or
any other term, covenant or condition hereof.
. Release of Easement. In the event that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon written request by the County, shall pay to the County the
sum of OneHundred Dollars ( 10 .00) to cover the costs of the preparation and
recording of the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order to "clear" the title to the Property.
............... ... ... ... ........... ........ _
Property Owner Noise Insulation Agreement Page 11 o
43. Authority to Execute On Behalf Of Coun .. By Resolution . 11 -
2004, duly motionedt _a lawfully ll meeting, the Board
County Commissioners rCounty, did, on the 17th day of March 2004, grant fll
authority r the County Administrator to execute this Agreement on behar ofh
County without further action by the Board of County Commissioners.
44. Attachments. t i Agreement include tfollowing,
whichincorporate ti Agreement by reference.
a. Exhibit r li .
b. Exhibit : Legal Description of Property
c. Exhibit C: Program Improvements.
Exhibit Deficiency 1Harmless Agreement
a. Exhibit it tion Hold Harmlesst
® General Conditions.
a. ruing Law. Venue, Interpretation, t .
This Agreement shall be governedtry i
accordance with the Laws of the StateFloridali l
performedtir in the State.
In the rat that any cause of actionr administrative
proceeding is instituted r the enforcementr interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropriater before
the appropriate i i tr i in Monroe , Florida.
County r Owner agree that, in the event of
conflicting interpretations of the terms term ofthi r r between any
them, the issue shall be submittedmediation i r to the institution of any other
administrative legal proceeding.
Property(4) The County and r agree that in the event any
actioncause of r administrative proceedingis initiated or defended
relative to the enforcement or interpretation of this t, the prevailingshall
be entitled to reasonable attorneys' fees, court costs, investigative, t- - t
expenses, as an awardagainst the non-prevailingMediation r
initiated and conducted pursuant to thisl in accordance withthe
Florida i it Procedure and usual and customary procedures required the
circuit r .
b. Binding t. The terms, covenants, conditions, and provisions
this Agreement shall bind and inure to the benefit of the County and Propertyr
and it respective legal representatives, i .
_...... - ... _.._ ......... ......._. .........
PropertyNoise I altio ee nt Page 12 o 2
c. lift : If any term, covenant, condition or provision of this
Agreementr the applicationthereof to any circumstancershall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditionsprovisions of this rshall not be affected
thereby; remaining term, t, condition and provision of this t
shall be validshall be enforceableto the fullest extent permitted by law unless
enforcement f the remainingterms, covenants, conditions and provisionsthis
Agreement would preventt li t of the original intent this t.
d. t i represents and warr t the t t the
execution, delivery and performance of thisr l authorized ll
Propertynecessary County and r action, required 1 .
e. Duration t. This Agreementl1 commence upon the
execution of this Agreement, subsequent to ti the Propertyr and by
the County and shall remain in effect for a periodl required t the
Program r t t "Term"), except as may be sooner terminatedi
accordance with the provisionsi r .
fe GiftsAcceptance of t s. .a i t r
Owner Beauests. The
County and Property agree that each shall be, and is, empoweredto acceptfor
the benefit of any or all of them, gifts, assistance r bequests to be used
r the purposes of thist.
g. Claims for Federal or State _. i = The County and Propertyr
agreethat each shall be, and is, empowered to l for, seek, and obtainfederal and
state further the purposethis r t, provided that all applications,
requests, grant proposals, and fundingsolicitations the Propertyr shall be
approvedthe County prior to submission.
h. Adjudication o _Disputq§ 2r ,.,u
`
The County and
Property Owner agree that be attempted to be
resolved nconfer sessions between representativesof the i .
If the or issues il1 not resolved the satisfactionparties, then
party shall have the right to seek such reliefr remedy as may be providedthis
Agreementr by Florida1 .
i. Nondiscrimination. The County and Propertyr that
thereill be no discriminationagainst any person, and it is expresslythat
upon a determination by a court of comtent jurisdiction t i i i tip has
occurred, fii t automatically terminates w'i further i the part
f , i f r. r r
agreeto complyi ll Federal and Floridat ll local ordinances,
applicable, Iating to nondiscrimination. These include limited ; 1) Title
l of the Civil Rights Act of . . ) which prohibitsi ri l i the
basisrace, i t or national origin; (2) Section 504 of the Rehabilitation
), which prohibitsi ri i ti ihandicap;
Discrimination Act f 1 1 1- 1 )$ which
Property Owner?Noise Insulation Agreement Pa e 13 o
prohibits discrimination on the basis of ; ( ) The Drug Abuse OfficeAnd Treatment
Act of 197 ( .L. 9 - 5 ), as amended, relating to nondiscrimination on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 17 ( .L. 1-61 ), as amended, relatingto
nondiscrimination on the basis of alcohol abuse or alcoholism: (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3and 290 - ), as amended,
relating to confidentiality of alcohol and drug abuse patient cords; (7) The Americans
With Disabilities Act of 190 (42 U.S.C. s. 11 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability: (8) The Florida Civil Rights
Act of 1992, (Chapter 76 , Florida Statutes, and Section 509.092, FloridaStatutes), as
may be amended from time to time, relating to nondiscrimination; ( ) The Monroe
County Human Rights Ordinance (Chapter 11 , Article Vill Sections 1 -11 through
1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 )
any other nondiscrimination provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooperation. In the event any administrative or legal proceeding i
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent ru!red by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. The County and Property Owner specifically a that
no party to this Agreement shall be requiredto enter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books,, .m a Wr , and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally, accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have sonl and timely access to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and for four years
following the termination of this Agreement.
I. Covenant of No Interests The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performanceunder this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
. Code of Ethics. The County agrees that the officers and
employees of the County recognize and will be required to comply with the standards o
conduct relating to public officers and employees as delineatedin Section 11 . 1 ,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one'sagency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
.
_....... .................. ...................................... .-----------.._.. ..._.._.
PropertyOwner Noise Insupion Agreement Page 14 of 28
licit ti .,.mmpjent. The County and Propertyr warrant
that, in respect to itself, it has neither employed nor retained any company or
other than a bona fidel r 'ng solely forit, t lii r secure this t
and t it has not paidr agreed to pay any person, company, corporation, individual,
r firm, r than a bona fide employeeworking l l for it, any fee, commission,
percentage, i r other consideration contingent upon or resulting from the awardr
making ofti r t. For the breach or violationthis r ision, the Property
Owner agrees thatt l the right to terminate rwithout
liability t its discretion, to offset from I r otherwise recover, the full
amount of such fee, commission, percentage, gift, t consideration.
Publico. r r shall allow
permit l f., and inspectionll documents, papers, letters, r other
materials subject to the r i i r 119, Floridatutand made or
received nd Property Owner in conjunctioni iAgreement; and the
County shall have the right to unilaterallyi r nt upon violation of this
provision by the Propertyr. Public Recordsli r Owner must
complyitFloridali records laws, including but not limited to Chapter119, Florida
Statutes andi f article l of the Constitutionf Florida. The County
Propertyr shall allowpermit reasonable n inspection f, all
documents, records, papers, I r other " li r " materials in its possession
r under its controlto the provisionsf Chapter 119, FloridaStatutes, n
r received by the County and Property Owner in conjunctionit is contract and
related to contractr ll have the right to unilaterallyl
this contractviolation of thisprovision the PropertyOwner. Failure of the
PropertyOwner to i the termsi riishall be deemed a material
breachthis contract the County may enforceterms of this r ii in the
form f a court proceedingshall, as a prevailingentitled to reimbursement
f all associated ith that proceeding. This provision shall
surviver i ti r expiration of the ntr t.
PropertyThe r is encouragedto consult with its advisors
Florida lic Records Law in order to complyit this r i i n.
Pursuant to . 119.0701 and the termsn ii i
contract, the r Owner is it t
maintain(1) Keep and i records t would be required the
County to perform the service.
n receiptfrorn the County's custodian ofr r i the
County with a copy of the requested records r allow the records inspected or
copiedit i reasonable time t that does not exceed the cost provided in this
chapterr as otherwiser law.
( that public records that are exempt or confidential and
exempt from publicr i t requirements r t disclosed
...... . _.......
roe er Noise Insulation Agreement Page 15 of28
authorized r i following I the
Propertycontract if the r does not transfer the records
completion the contract, transfer, at no cost, to the
County 11 public recordsin possessionr or keep and maintain
publicld be required by the County to perforrn the service. If the
OwnerProperty transfers, alli to the County upon completion
the Propertyr shall destroy any duplicatepublic that are
r confidential and exempt from publicrecords disclosurerequirements. If the Property
Owner keeps and maintainspublic r l i contract, the
Propertyr shall meet all applicable requirementsretaining li II
records stored electronicallyi to the County, upont from the
custodian of records, in a formatt is compatiblethe information
technology t the County.
request t inspect or copy publicrelating to a County
contract must be made directly to the County, but ' the County does not possess the
requested records, the County shallimmediately r of the
Ownerrequest, and the Property must provide the records to the County or allow
recordsInspected or copied °I reasonable i .
questionsIf Property Owner has regarding application f
Chapter 119, Florida Statutes, t roperty Owner's duty to provide public
relating this , contact the CustodianAli , Brian Bradleyt
Non-Waiver292-3470.
p. _ of 1MMunit . Notwithstandingthe provisions .
Florida768.28, , the participationof the Owner ithis
Agreement and the acquisitionf any commercialll i ' insurance -
i , or local government liability insurance pool coverage shall
waiverimmunity to the extent of liability cover , nor shall
enteredany contract into ired to contain any provisionr waiver.
EdMH2M god Immunifies. All of the privilegesimmunities
liability; exemptions from laws, ordinances, rules; i relief, i ili ,
workers' compensation, and other benefits whichI the activity , agents,
volunteers, or employees oft i it respective functions
under this ®t i territorial limits f the Countyshall apply to the same
degreeto the performance of such functionsofficers,
agents, volunteers, or employees outsidei ri l limits the County.
r. Le
gal Obligations and ReSDonsibilitles: - Igo l n of
Constitutional or atjMoa Duties.. t i i , r it it be
construed , relieving i i ting entity from any obligationresponsibility
imposed upon the entitylaw except to the extent of actual and timely
thereof by any other participatingentity, in i
in satisfactionf the obligationresponsibility. r, this Agreementis not intended
r shall it be construed , authorizing the delegationconstitutional or
statutorytl the County, except to the extent permitted by the Floridatit ti ,
�,.u,vvv
Property Noise Imidation
Agreement Page 16 o
state statutes, case law, and, specifically, the provisions of Chapters 125 and 163,
Florida Statutes.
s. Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and Property Owner agree'that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
t. tions. The Property Owner agrees to execute such
documents as the County may reasonably require in the performance of the obligations
and duties of the County or Property Owner under this Agreement.
u. No Personal L:iabilily. No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
v. Execution in Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
w. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
Property Owner Noise Insulation Agreement Page 17 of28
IN WITNESSHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
_ .. ............ ................. - _.
i
WITNESSES: PROPERTY OWNER:
Sign
Sign to
u �
P�ited same
Printed Name
"
Signature --
Date
Printed Name
WITNESSES: PROPERTY OWNER:
I
SignatureM � .
Signature
W,
Printed Name
Printed Name
Signature
Date „
Printed Name
77
MOWBOARD OF COUNTY COMMISSIONERS:
MAYOR / CHAIRMAN:
w p ffi`. Sylvia J. Murphy
XEVIN' A K, CLERK
,�.,
7.
By:
a ..^ Deputy Clerk Signature
� f�a
..... -------_._MUM 00UMY'ATTQRNEY
Property Name Insulation Agreement PE0R0', g ` Pala:1 a2
POLICYPROGRAM
Exhibit
PropertyTo
r Noise Insulation Ag
A. Air Conditioning: Geneml Resitrictions. While providing a new ductless `mini-
split" AC system to your condominium as a part of the Noise Insulation Program
modifications, the following limitations and restrictions will apply to all condominiums:
1. All condensing units will be installed on the balcony
2. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Board policy rules, maintaining a maximum height of 4
inches.
3. All condensate lines will be installed on the building exterior consistent with KWBTS
Board policy rules to ensure the highest level of consistency and building
architectural aesthetics.
4. All interior AC lines (refrleranf, condensate, electrical) and Energy Recovery
Ventilator (EV) ducts will be housed in new vertical wall and corner pilasters which
will be constructed to match the quality of existing walls. The number and locations
of the new vertical wall and corner pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
review this information with you at your NIP Design Review Meeting.
5. Only electrical service panels that are determined by the Program Manager to be
deficient will be replaced by the Program as a part of the Noise Insulation Program
modifications.
B. �VWndow Sill Replacent. Due to the presence of asbestos, the NIP will provide a
new custom wood surround and sill instead of the existing gypsum board surround. Due
to this revised plan, existing custom sills (marble, granite, wood) will not be replaced.
This revision will be an improvement, while decreasing constriction costs and improving
time efficiencies.
C. Custom Crown Molding and Baseboards Restrictions
The now asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as on ►pally assumed), which will not
allow sufficient time for the awarded general contractor to secure custom matched
replacement trim. Therefore, existing crown moldings, wall trim, and base, the
contractor will, instead, cut the existing wood trim flush-to the face of the now pilaster or
thru wall ac-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing
baseboards, the contractor will install a standard (3/ " x 5.9/2") painted wood trim to
abut the existing trim, rather than attempting to match the existing custom trim profiles
and materials. After the completion of the NIP construction, the property owner will
X1 tt A-P Noise Insulation ent Page 19 o
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. r Threshold Heights. Due to stringent Florida hurricane impact and water
infiltration building des, all new aluminum acoustical prime entry swinging doors and
sliding lass patio doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water infiltration during
a hurricane.
E. _KWBTS Asbestos Testing
As required by state and fbderal requirements, THC conductedasbestos testing on all
participating KWBTS condominiumsin Buildings A, B and C during the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board Joint compound, window glazing, and exterior
window and door caulking. In addition, random exterior stucco samples were collected
on both the "walkway" and "courtyard / balcony" building elevations.
Depending on the laboratory analysis of these samples, the en of asbestos
containing materials (ACM) have the potential to Impact several areas of the NIP
construction process to include:
- window removal and acoustic window installation,
- door removal and acoustic door installation,
- removal of portable "through-wall"AC units and the infilling of openings,
ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
construction of vertical wall pilasters required for installation of the ductless
AC system & ERV ducts,
- construction of closet soffit for installation of the ERV.
F. Asbestos Abatement Reguirements
In the event any samples show a presence of asbestos containing material (ACM), the
awarded I contractor will be required to perform the following abatement
requirements urinconstruction:
If sam ples show a presence of ACM C 1%
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/orsanded.
...................... ....
ibit A-Property Owner Noise Insulation Agreement a e 20 of 2
If samples show ap senceof '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 ACMcontainment barriers in all areas (walls, ceilings, closets,
windows/doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
Abatement and bagging of A (resulting from demolition ss) by
certified asbestos abatement staff.
- Air sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement) workers.
- 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 with federal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor 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
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD rit inn Decisions. The KWBTS Boardwill have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
. Acoustical Window and Door Color and Hardware Finishes
. Acoustical Window and Door Operational Styles
. Interior Ductless "Mini-Split"AC System Installation Requirements
. Interior Ductless "Mini-Split""Mini-Split"AC SystemInterior Soffit Design and Placement
. In-Filled Kitchen Prime Door Policy Treatment
... ..
Exhibit A-Property Owner NoiseInsulation Agreement e 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit No. 307SC, 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.
------------...............................................
Exhibit B-Property Owner Noise InsulationAgweement Page 22 of 28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
A typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door(s)
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Exhibit C-Property Owner Noise Insulation Agreement Page 23 of28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
To
Property Owner Noise Insulation Agreement
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
described in the Agreement of even date herewith (the "Agreement") en the County
and Property Owner and to which this Exhibit_D 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, consultantsand/or contractors
conceming any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the foregoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection with any and allPre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants and/or contractors to be
legally liable.
. The Pmperty Owner understands and assumes full responsibility for the
Deficiencies sent 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 t the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water / moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
. 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"Mince' or"Severe".
. The Proiperty Owner assumes full responsibility for the worsening of any
documented Minor Deficiencies.
. In the rare event "Severe" Deficiencies are identified during the design
process, the Property Owner agrees to complete necessary pairs 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 urin the construction period, the Property Owner agrees to complete
.... ...__.�_ .. ... ..... _ ........ __ .._...............
i it - o er r of e I latio r t P a of 2
ne i to the Props , to the n the Program Manager t
minimize any delay or stoppages of work.
7. The undersigned acn I and agree that all of the release and.hold
harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to
property damage, injuries, deaths., or damages arisingfrom the Deficiencies and/or all
negative impacts that later result after the addition of the Program Improvements. The
provisions of this Exhibit Q shall survive the termination or expiration of the Property
Owner Noise Insulation Agreement.
B. The undersigned hereby agree that the terms and provisions of this i
_ shall bindingupon, and inurea ben the undersignedand their iv
hei , personal representatives, successors and assigns.
...........,u ..__.. ........
WITN� PROPERTY OWNER:
Sign - ...
n
Z—
Printed Name °
a
Pdnted Name
Signature
Printed Name
_........
WITNESSES: PROPERTY OWNER:
Signature
Signature
Prin Name
Printed Name
Signature _
Date
Printed Name -,
WITNESSES: PROPERTY OWNER:
i na
Signature
Printed Name
Prin Name
SIgneture
nnnnnaaa®� ,�,
Printed dame
Exhibit -Property Owner NoiseInsulation Agre e e
"VENTILATION
Exhibit
To
OwnerProperty Noise Insulation r
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 Exhibft E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undersigned, forever releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on 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, successors 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 infillin of "through-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 ( unit which
will provide an adequate exchange of inside / outside air to the condominium as
required by building code.
. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation tion the new
Program ductless AC system and energy recovery ventilation ( unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
. 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 wall vent that was designed to allow the passive exhaust of
...._ . ._ __ ...............
i ii -PropertyNoise I lotion Agreement e o
bathroom moisture in a central building 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 clearly a building a 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 y properly exhausting their laundry dryer exhaust in an
alternative 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 Program Improvements will not
address kitchen and bathroom ventilation and/or excessive interior humidity levels
generated by the Property Owner 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 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 I venting modifications after
completion of the Program Improvements.
7. The undersigned acknowledge and agree that all of the release, hold
harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to
injuries, deaths, or damages sustained in connection with or as a result of any and all
interior ventilation deficiencies arisingr the addition of the Program Improvements
including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation. The provisions of this Exhibit E shall survive the termination or expiration of
the Property Owner Noise Insulation Agreement.
. The undersigned hereby agree that the terms and provisions of this
x_ii shall be binding upon and inure to the benefit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
_.
WITN SSES: PROPERTY OWNER:
SI nat'u. ,
Signature
1f — L +-
Printe �me � �
Yk $ f* Printed Name
S ignature
�„µo
� ", Y
.Ma.
Date
i'rin Name
_...... ............
._ ....... _ ..... . _....
fmhibit E-Property Owner Noise Insulation Agreema Page 2 7 of28
WITNESSES: PROPERTY OWNER:
Signature
_Signature
Printed Name
Printed
Signature
Date
rf nted No m
WITNESSES: PROPERTY OWNER:
Signature
Signature
Printed Norro
Printede
Signature
Printed Name
I
ibit - n Noise l ltion,A,greement Page 28 o