09/18/2019 Agreement/Easement-C314 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
Heather P. Racmd@d4/21/202011.2 1 of 4
NIP Assistantj r
THC, Inc. Filed o
710 DaculaSuite 1
Dacule, GA 30019
AirportAVIGATION EASEMENT
Key West International
Noise
THIS EASEMENT AGREEMENT is enteredinto this '- dayof,
20 IDt 7 by" L ", hereinafter referred to as
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a boy politic and corporate, hereinafterr to as " .*'
RECITALS:
A. The Property Owner is the fee simpletitleholder to certain real property (°the Prop )
located in Monroe County, Florida, o icul rly described as follows:
Unit No. 1 , 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, recordedin Official Records Book589, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
also identified as street address: 112601 . Roosevelt
B. The BOCC is the owner and operator of Key West International Airport("the Airport')and
desires to make properties that, through Interior noise exposure testing, are determined
incompatible as a result of their exposure to aircraftnoise compatible r residential
purposes throughthe implementation f a NoiseInsulation Program (" ! °).
C. Under the NIP, the Airport will design and install or pay for the Installation o
improvements and modifications to the Property Owner'sroe necessary to reduce
interior noise levels t least 5 dB and to 6ring the average interior noise level below
dB in accordance withI Aviation Administration policy. Grantingof an Avigation
Easement("Easement') is a BOCC condition of participationin the NIP. The Easement
will supersede anyimplied or prescriptive easemen that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIPwill include i United States Government
pursuant to the Airport and AirwayImprovement Act of 1982, and will include funding
from the BOCC, acting in its capacitythe owner and operator of the Airport.
E. The PropertyOwner desires to participate in the NIPn has entered into a Property
Key West Intemadonal Airport NIP—Avigatlon Easement(Una 14) � Page i of �
Owner Noise Insulation Agreement with the BOCC. T 's implementation the
NIP will benefit the Property Owner and the Property by providing certainremedial sound
attenuation construction on all eligible residential structures on the property
to achieve a reductionin DNL indoor noise levels t least 5 dB and bringthe average
interior noise level below 45 dB in accordanceit I Aviation Administration
policy.
F. The Property r fully understands that the NIP eligibilitycould change at some future
time, but is currently based on the 2013 Existing Condition Noise Exposure
accepted y the Federal viation Administration (° ") on December 1 , 2013.
G. The 1 ill be administered in accordance withcurrent FAA Order 5100.38, Airport
Improvement nok.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set fbrth.
THEREFORE,NOW for and in consideration of theimprovements d to the Subject
Property through I , the receipt and adequacywhich is hereby acknowledged by both
parties, and in consideration and incorporation into this Avigation Easement of the recitals
set forth above, the PropertyOwner and the BOCC agree as follows:
1. The Property r on behalf of the PropertyOwner and its heirs, assigns nall
successors in interest, does hereby n , bargain, sell and conveyto the BOCC, its
successors and assigns, a perpetual avigation easement over the property. The use
of the Easement shall include h right to generaten it noise n s other
effects as may be associatedwith the operation of aircraftover or in the vicinity of the
property. This Easement shall apply to all such aircraft activityt the Airport, present or
in whatever lbrm or type, during operation at o , to or from the Airport and it being
the intent of the parties that all such Airport activity shall-be deemedto be included
withina purview of this Easement.
2. This Easement shall be perpetual in nature n shall bind andrun with the title to the
property andshall run to the benefit of the BOCCr its successor in interest interestas owner and
operator of the Airport.
. The Propertyr on behalf of the Property Owner, its heirs, assigns and successors
in interest,does hereby release the BOCC, andany and all related parties f the ,
including but not limited C members, officers, managers, n , servants,
employees n lessees, from ny and all claims, demands, damages, debts, liabilities,
cos y's fees or causes con of every kind or nature for which the Property
Owner or its heirs, ins, or successors currently have, have in the past possessed,
or will in the future possess, s a result of Airport operations or aircraft activitiesn
noise levels i to to or generated by Airport activity, or may hereafter have as a result
f use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous p to noise, and other effects of the operation of the
Airport or of aircraft landing or taking off at the Airport.
y West r meflai Arport Nip—A pion ea erg(uns u) —Page 2 or 4—'--
. This Easement expressly excludes n serves to the Property Owner and to the
Property Owner's heirs, assigns n successors in interest, claims, ,
damages, , liabilities, cos ' or expert's fee, or causes of action for
physical damage or personal injury caused by any aircraft or part of anyaircraft 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 withproperty or the person on
the property.
5. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforce any of the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of any alleged breach
any provision of this Agreement, the prevailing party shall be entitledto all costs,
damages andn incurred including, but not limited t , attorney's fees n
incurred in connection therewith, including pelt cti n.
6. No provision of this Agreement is to be interpreted for or against any party because that
party r that 's legal representative drafted such provision. This Agreement shall b
interpreted and construedaccording to the laws of the State of Florida.
breachof any provision of this Agreement may be waivedunless in writing. Waiver of
any one breachof any provision of this Agreement shall not be deemed to be a waiver
of any other breach of the same or any other provision of this Agreement. This Agreement
y be amended only by written instrument executed by the partiesin interest at the
time f the modification. In the event that any one or more covenant, condition or
provision contained herein is hold invalid, i or illegal by anyu of competent
jurisdiction, the same shall b v l from in r of this Agreement
and shall in no way affect, impair or invalidate ny other provision hereof so long as the
remaining provisions do not materially alter the rights and obligations of the parties. I
such condition, covenant or other provision shall be deemed invalid due to this scope r
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the scope or breadth permittedlaw.
8. In the event the Airport shall be subdividedinto more than one parcel, or the Airport or
portion thereof becomes subjectto operation, management or administration by a party
in additionto or in lieu of the , then and in that event the parties agree that same
shall not terminate or otherwise act this Agreement so long as a portion of the Airport
continues to operate r standard i ort flight purposes, n that any such successor
in interest to the BOCC shallb ntitl II of the benefits running to the BOCC
hereunder.
. The PropertyOwner agrees that the Property Owner shall bear and be responsibler
all costs of maintaining andoperating n sound attenuation tri Is and equipment
installed in the Property by or on behalf of the BOCC.
s
y st I maiEonal Airport NIP—Avlpatlan Easement(Una 314) page, 3 of 4
E , R
This Easement Agreement is executedfirst written.
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STATE OF
COUNTY OF
The foregoing instrument was acknowledgedWore me this day of,,_
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: AYd
Prl Namee ....�........ �,,,
Printed Namei
Slgnaiure
s + Date
PrIrdad Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this _ alay oM• 20
. ,
by
as Mayor of the Monroe County Board-of County Commissioners a body politic and corporate.
y Commission Expires:
o ubll Sln
E
O 'ROE CoUrgy ArrORNEV
XPNIOVED
KmAy WMkolvAt Inismational AlMort NIP—AvIgation Easement(Unit 1 )
- a
7 �}
P West_ r4t �
Unit .: 1 � __.m..__..._____._
Name(s):
NOISEPROPERTY OWNER
KEY T INTERNATIONAL I T,MONROE COUNTY
THIS I INSULATION (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (t "County"),
and the undersigned (the uProperty Owner").
I T N E S 8 E T H:
e Property Owner is the sole record owner in fee simpleof
certain real property located in the City of Key West, County of Monroe, of Florida,
and more particularly described on Fxhibff 8 attached hereto (the " pe "); and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport'), itu in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property; and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property r has electedtoparticipate in the Key West
International Airport's Noise Insulation Pro ( 'Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments
improvements to the Propertyo particularly escrib n Eghibit Q attached
hereto (the "Program Improvements"), said Program Improvements paid for by the
County at no cost to the Property Owner and in exchange for the grantingthe County
of an avigation easement over,..acrossn t rouB ' Property; and
WHEREAS, the County ill enter into a construction contract with
general contractor (the "Contra or") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting of
team manager and assistant manager, architect, mechanical I electrical engineer,
acoustician and construction manager el y the County (t "Program Manager);
and
WHEREAS, the Property Owner and the County mutually desire agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable nsi a lion, the receipt and
Property Ownr Noise Insulation Agreement l qf28
sufficiency of which are hereby acknowledged, the Propertyr and the County
hereby agree as follows:
1. Grant of Easement. Simultaneously with the execution of this
Agreement, the Property Owner executed anddelivered to the Countyvi tin
easement (t nf) which Easement has been recorded in the public
f Monroe County, Florida. The ins in full force and effect and i
hereby ratified in all respects.
2. P olio Statements. Consistent with the Programand/or
Federal Aviation AdministrationAirport Improvement r r policies procedures,
the Programr has developedseries of ProgramPolicy outlining
construction and eligibilityi ion . The Property Owner understands that
prescribed r r Improvements will be consistent with the Program Policy
Statements provided the Property Owner by the Program r. A coy of the
Programli Statements is attachedhereto as.Exhibit A.
3. o Program_ Improvements. oun r
the Program Improvements descri in Exhibitthe . The Program
Improvements w°II be approvedthe Property Owner and County, n the
Programer, and performedthe Contractor.
4. I ini p titive Bid Process. The Property r shall not
impede or interfere with the Contractor's ability to select between approved
manufacturersu tr o in the preparation of bidu i I . To insure a
competitive bid environment, t r is prohibited from having
discussion or communication with the Contractor in relation to the Program, the
contractor's bid, or this Agreementuntil after award of the construction contract by the
County. Failure of the Property Owner to comply withi roviion shall, at the option
of theCounty in its sole discretion, result in disqualificationthe Program and
cancellation of this Agreement.
5. Construction Contract. The Countywill award the contractr the
Program Improvements consistent with Federal and Countycompetitive bidding lici
and procedures. The contractill require the Contractor to complete the Prognam
Improvements within time period fin the Program r.
6. re- & Post-Construction Responsi iliti . The Property Owner shall
meet all responsibilities and requirementspertaining to both - ru i o t-
n t ion:
a. Prior to the start of NIPconstruction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, eirl s, .) from their condominium;
( ) Moving of all furniture and belongings into the uDesignated
Storage within the condominium, providing the required "clear " (white
Property r Noise Imidation Agreement Page 2 of28
space in sketch) for the Contractor. When doing so, t r vAJI have the
ability to utilize the I "floor to ceiling" space.
( Removing of all excessive fumiturebelongings from the
condominium that will not fit in the TesIgnat pace ';
Removing ll window andr treatments (such as blinds,
drape,s, plantation shutters, etc.) storing them in t "Designated Storage SI
Removing ll electronic and dust-sensftive items tromp their
condominUrn or wrapping YAth protectivel before t rin them thern in t "Designated
Storage ";
RernoAng all wall hangings (such as mirrom, pictures, hanging
shelves, etc.) storing them in the "Designated Sfor ",
Moving all smalli met nd belongings into i r the dosetsor
bathrooms as outlined M the "Designated Storage Space Sketch"
dW After completion of the I construction, the Property r shall
meet all Post-Construction requkements to include:
1Moving of all furniture and belongings st r in the
"Designated Sfor " back to their original positions in the condominium:
:
n f any excessivefumiture and belongings bac into
the condominium;
Re-installationof all wall treatments, door treatments and
ill hangings back to their original positions in the condominium.
W In the t the Property r falls to perfbrm any and all of the
above Pre-Construction I i0tl , the Propertyshall be removed m from NIP
participation and the Property r shall be liable to the nty and/or Contractor for
and all resuffing damages and all diract and indirect costs relatedthereto.
d. In the event the Property Owner fails to perform d all of the
above Post-Construction responsibilities, Property Owner shall be liable the
Cointy and/or Contractor for any andall resulting damages ll direct indirect
costs related thereto.
W Impeding_ _ mist ctm m Once constru&jon of the Program
Improvements beg the Property r shall not impede construction or aker
construction h mil . In addition, the m r shall prevent and and all
tenants that may the Property duringthe construction ot the Program
Improvements from impeding n tru loan or aftring construction schedules. In the
event the PropertyOwner or any tenant occupying the Property impedes n tr ion or
.....
Property Owner Noise Imulation Agreement Pap 3 of2
alters the construction schedule, the Property Owner shall be liable to the Contractor
and the Countyr any damages and all direct andindirect costs relatedthereto.
8. Safe Working nvir n t. The Property Owner shall be responsible
r providing a safe workingenvironment fbr the Program Manager, Contractor,
subcontr-actors, suppliers, i , County, n r I inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, Property Owner shall be responsibler:
(1) Providing a workingenvironment that is free fromo ti I
health risks, biohazard conditions, hazardous chemicals, l n of any
kindand/or explosives;
(2) Refraining from verbal abuse or profanity;
( ) Refraining from aggressive physical contact; and
( ) Insuring that all pets arecompletely secured n in .
. In the event the ProOwner fails to meet any of the foregoing
conditions, the Programprocess may, at the Coun 's discretion, be temporarily
suspended at any time. In such event, the ProgramManager shall notify the Property
Owner in writing, stating the corrective `on( ) and/orcondition(s) required to b
completed or performed by the PropertyOwner prior to the County resuming the
Programr .
c. In the event the Program process is not resumed due to the
Property ner's failure to complete the corrective action(s) and/orcondition(s)
required by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor for any andall damages and all direct and indirect costs related
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 andindirect
costs relatedor caused by the or suspension of the Program process.
. Construction Delays. Duringthe construction period, the Contractor
y experience unforeseen complications reI tin to the installation of the Program
Improvements. The construedon contract shall provide that delays related
unforeseen complications are beyondthe control of the Contractor and shall be excused
so that the time for completion may reason bl be extended. ontru ion schedules
y also be revised if there is a delay in awardingf the contract r if the Program
Improvements v to be re-bid in the event of lack of bidding contractors and/or failure
of the lowest responsive, responsible bidder to execute the contract, provide payment
and performance bond or show proofof required insurance.
1 . Chan _s t . The ProgramManager reserves the right
to make changes to the plans specifications the Program Improvements, t its
Property Owner Noise Instdation Agreement P
a
sole discretion, t any time during the Program process, provided such changes do not
reducethe scope or quality of the ProgramImprovements scrib in Exhibit
such changes necessitated by the discovery of hiddenition not readily
detectable during normal property inspection procedures.
11. Acceotance of Work. Upon completion of the ProgramImprovements,
the Program Manager shall inspect or cause the inspection of the Program
Improvements to determine if they were completed nt to the terms of the
contrect. TheProgram n er retains sole discretion nauthority on program
conformance performance issues as they relate to the Contractor, subcontractors,
suppliers n tic designs. The r r is requested to attend the
Substantial Completion Inspection and provideinput to the Construction Manager with
respect to the identified punch-list items. In addition, the Propertyr is welcome to
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they releasen surrender their ability to
provide input to the Construction Manager with respectto the acceptanceof the
Program Improvements. In the event there is a disagreement between the Property
Owner and the ProgramManager as to a conformance or performance issue, the
Property r shall be requiredsubmit the discrepancy in writing to Mo County
(representative to be definedthe NIP constmcdon s) within 7 days of the
inspection giving rise to the discrepancy. MonroeCounty shall then make a
determination as to the acceptabilityf the conformance/performanceissue
remedial ction that may need to be taken. Monroe Countyshall be the final arbiter of
any nfo n 1 r n /issu s. Failure by the Owner to submit the
written complaint within the time period specified v shall thereafter foreclose the
Property right to file such complaint.
12. Termination of A-irparrient. The Property Owner understands that
the signingof this Agreement initiates both the BID andCONSTRUCTION of
the Program Improvements to be performed in accordancei the Program.
Therefore, if the Property Owner attempts to terminatei t or otherwise
impedes the progress of the performance of the ProgramImprovements after the award
of the construction contract, the Property r Will be liable to the County r any and
all damages and all direct andindirect costs caused thereby.
1 . Warranties. The Countyo not represent or warrant the level of
noise reduction that the Property Owner will experience withinthe Property as a result
of the ProgramImprovements performed s part of the Program.
a. The County that its contract with theont c r will include
standard o (1) year warranties from the Contractor for all materials andworkmanship.
Such one-year warranty periodII commence the time of the acceptancethe
work as provided for in Paragraph 9.
b. t the endof construction, the Program Manager will provide the
OwnerProperty with a WarrantyFinal Closeout Package which will contain copies of
the warrantypolicies, product instructions, design documentsn legal documents. As
condition of receivingthe WarrantyFinal Closeout Package, the Property r
Property r.None Insulation Agreement PW 5 of28
Y
must first submit a completedf ner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the PropertyOwner
understands that the warrantypolicies for products used in the construction of the
Program Improvements i r among productmanufacturers. In the event of claim, the
OwnerProperty is solelynil r pursuing ll future product n issues
directly ith each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contactthe Contractor or product manufacturer directly to
coordinate any required rr service n o look solely to the general
contractor or the product- nu u r for fulfillment of all warranties and for resolution
of all product r construction warranty i ue( ):
(1) The PropertyOwner's inquiry is not directly relatedto either
construction warranties or product warranties (such as windowcleaning or product
maintenance) regardless of whether the Property Owner's inquiry arises during the one-
year warranty period from the Contractor or r;
( ) The Propertyr believes that warranty servicei
required `t spe to construction warranty issues, n one-year warranty period
from the general contractor has it
( ) The Property Owner believes that service is requiredit
respect to product warrantyissues, the advertised nperiod for the product has
not expired, n the manufacturer is currently conducting its business; and
( ) The Property Owner believes that service is requiredwith
respect to product rr issues, and the advertisedy period for the product
has expired.
1 . Pre-Existing Deficiencies. The Property Owner will be requiredto
sin Exhibit Q_ (Deficiency Hold Harmless Agreement) which will impute all
responsibility and liability to the Property Owner for any andall presentPre-ExIsting
Deficiencies t the Property, whether seen or unseen.
1 . Pre-Work Requirements. The Propertyr will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic o ifi tin . The Propeny Owner will be reguired to complete all
sign Pre-Work i utilizing th it funds nd c r t ui lines as
established bythe NIP. In the event the Property Owner fails to complete the
designated Pro- ork Items by the established NIPdeadline, the Property Owner shall
be removed from NIPparticipation and the PropertyOwner shall be liable to the County
and/or Contractor for any andall resulting damages and all direct andindirect
related t .
16. City of Key West"Hard-Wired" I ui nt. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department n t ion permit issuance qui , the Property Owner will be
required to install 12 -volt ° - i " smoke alarms in their condominium i
ProperV Owner Nolse.1mulation Agreement Pap 6 of`2
accordance with all applicable codes and regulations by the required 'deadline s
established the I . The Pmge& Owner.will be resgonsibleto enjjjM thgt the
smoke alarmsnot installed in same areas within the condominium where NIP
modification work _ ill occur, v i „n of n i 1 i _ n t the I c n tru Lion
process. In the event the Property Owner falls to install the designated "hard-wired"
smokeI s by the established NIP deadline, Property r shall be removed
from I participation.
17. Suspqri ram Process. The Program process y be
temporarily u de t any time during the design and/or construction phases upon
the discovery of Deficiencies dueto their potential impact on the Program
Improvements and product warranties. The Programs ill not resume until the
Property r has corrected all related problems to the satisfaction of the Program
Manager. In the event repairs are not completed in a timely nner, the
Owner will be liable to the County r any andII damages and all direct andindirect
costs due to delay and/or stoppages of the work.
18. Limitation on Alterations to the Proper . The PropertyOwner
agrees not to make alterations, or to permit any tenant occupying an portion of the
Property to make alterationsthe existing windows, doom and/or walls from the time of
the Designprocess until the constructionf the ProgramImprovements haven
completed. Exceptions to this rule must be pre-approved in writing by the Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction of
the Program Improvements on the Property. rope r will be liable to the
County for all direct andindirect costs associatedi n d alterations
damages related thereto.
19. Pre and...,Post-Construction Noise Testing Process. - & post-
construction noise testing is a very important that is designed t
measuren determine the actual achieved noise level reduction level t treated
properties. If selectedthe Program Manager for - & post-construction noise
testing, the Prop" Owner agrees to providec to their property for testing an
agrees to not to make alterations to the interior of their property (with the exception of
repairs of Deficiencies) from the time of the pre-construction noise t to, the cost-
construction noise test. In an effort to insure consistent noise data collection, the
Property r also agrees to preserve the interior layout of furniture, floor coverings
and windowtreatments the time of the , ruction noise t to the ost-
construction noise t. The Propertyr understands that the ftlure to adheret
ih-isrequirement may result in corruption of the noise testing data. Therefore, the
Propertyn r understands they may be liable to the County for any direct and indirect
noise testing costs in the event these requirements are not met.
20. Cooperation. As reasonablyu st , the Property Owner shall
cooperate i the Contractor, the ProgramManager and Monme County in the
performance of all phases of the Program Improvements including, but not limited to,
the removal and reinstallation of rugs, wall hangings furniture necessary.
Proper iroperty Owner None Insulation Agmement Page 7 of 28
H p
1. Utilities. The Propertyr shall permit the Contractor to use, at
o cost to the Contractor or the County, existing utilitiesc light, heat, r and
ter necessary to carry out the ProgramImprovements.
Design22. n i t scheduled times for upon
not I ur ( ) hours advance ti (via NIP email andlor letter), the
Property Owner agrees to provide to the ProgramManager, Contractor, subcontractors,
suppliers, iCounty, federal inspectors consultants e the
Propertyo collect and developII final design and biddocuments. These visits ul
include, but not be limited to, property survey, design survey, hazardous ri l
inspection, pre-noise testingpre-bid visit. In the eventthe Property Owner falls to
provide access to the Propertyr all required I Design and BidProcess visits, the
Property Owner shall be removedI participation.
. re n_ ion .. TheOwner s provide
access to a r m o -_eight O hours prior to the scheduledI
construction. This short visit will provide the Programr with the abilityensure
that the Property Owner has met all furniture storage i ilii . Failure could
result in the suspensionthe scheduledI construction and the Propertyr shall
be liable oun for Contractor for any and all resulting ll direct
and indirect I d thereto.
24. Pre and Post Constructicri Arcess'. t scheduled times and/or
upon not less than twenty-four (2 ) hours v not (via NIP email andlor letter)
and per the establishedI ion schedule sin nt, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, federal inspectors n consultants c s to the Property to provide
II required NIPon r ion and Post-Construction Visits. These visits could
include, but not be limited o final measurement, pre-construction inspections, review
Designated for requirements, o construction inspections and post-
construction noise testing. In the event the Property Owner falls to provide access for all
requiredIP Pre and Post Construction visits, the Owner shall be removed
from NIP participation and the PropertyOwner shall be liable the Countyn for
Contractor for any and all resulting damages and all direct and indirect related
25. Construction Period Access. Upon award of NIPion
contract, o c r will provide the ProgramManager with their final construction
schedule, is ill include the requirednumber of calendar complete the NIP
construction in each of the participatingcondominiums. Based on this schedule, the
Program Managr will assign each Property Owner with a designatednumber of
calendar in which construction will occur in their condominium. The Prop
Owner agrees to relocate from their condominium for the entireassigned i a period. In
addition, the PropertyOwner agrees not to r their pmperty for any reason during
their assigned construction period dueto safety concerns he potential to negatively
impact the Contractor. In the eventr falls to providec for their
assigned construction time period, r shall be removedfrom I
.��......
Property Owner Noise Insulation Agreement Page 8 of 2
B
participation and the Pmperty Owner shall be liable the Countyand/or Contractor for
any andII resulting damages and all direct andindirect sts related thereto.
. Construction PedodExtension e to Hurricanes. in the NIP
construction pedod will extend into the Key West hurdeans season, there is potential for
construction del s and/or stoppages, beyondI of the Contractor, in the event
of a threat of an approachinghurricane for an actual hurricane event. Due to this
possibility, the Property Owner understands at 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 their
condominium r all additional calendar sulting from NIP construction work
stoppages to a hurdcansthreat or event at no cost to the County, Contractor for
Programn r. In the event the Propertyr fails to provide the required
additional access to their condominium dueto hurdcane-related work , the
Property Owner shall be removed from I participation and the Property Owner shall
be liable the County and/or Contractor for any and all resulting damages and all direct
and indirect I thereto.
7. Discovery of Pre-Existinges Dudng Construction. In the
event the ont c r discovers pre-existing deficiencies at the Propertyurin the NIP
constructionprocess that negatively impact the installation f the NIPimprovements,
the Property Owner agrees to immediately repair and remediate such deficiencies in an
reduceeffort to any negative impact on the scheduled construction pedod. The Property
Owner understands that, depending on the timingpre-existing deficiency repair,
the NIPconstruction period may need to be extended, t no fault of the Program
Manager r Contractor.
. Impact of Unforeseen uil in Conditions on Construction
Schedule. The Propertyr understands that unforeseen building conditions that
may --rise during the NIPconstruction may have the potential to increase the on in I
scheduled duration of construction, which is not the fault of the PmgramManager nor
Contractor. The Property Owner needs to plan for the "worst-case" o i ili that the
originally-scheduled construct!'on completion t may e del additional days
u t unforeseen building conditions that may adsen complicate the I
construction.
29. Existing Window l Door Treatments. Shadesand Blinds. The
Prop" r understands that, after the installation of new NIPacoustic window
doors, the existing window and/or door treatments, shades and blinds may not be
compatible nor able to be re-installed to sizedifferences the new and
existing windows n doom.
30. Existing Crown Moldin urin the installation of the new
acoustic windows and doors, the NIPwill be providing new "standard" replacement
interior tdm and sills. The Property r understands that the NIPreplacement trim
ill not match custom and/or specialized cirown moldinga r s and/or custom window
and door trim. After the completion of the NIPifi tion , the p ner will
have the ability ific lions to the N I P interior trl m at their own expense.
Pro rOwmr Noise Insidation Agmement Page 9 of28
1. Communication Reauirements. The Prop"I r agrees t
read andreview ll NIP em,Wls and/or letters_ in a timely fashion which are Wrig
provided by the Il to ensurel met W In the vent the Property r
Its to meet this requirement, It could result in removal from NIPrtl l ti .
32. Title Examination. The Pry Manager obtained r "II
obtain, t 1 l t , _an "Abstract of Title" to ensurethat the Property
title is free from 11 and/or title defects.
33. Cooperation in Clearing mtl ,. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall coloperate Wth the
County in order t 1) correct any title affecting the Property hi disclosed
by the "Abstract of 1d in the solet r 1mn t1 t the County may servet
Invalidate the Easement, II cure the written consent of any andall mortgage
holders to the Property r' mn m of the Easement to the CountyIt the
County determines min that It is necessary or desirable t (collectively, the "Title
Matters"). Its prior to the commencement of construction of the Program Improvements,
the County, in its solediscretion,mn, t i1n that the Titleaffecting the Property
l
may invalidate the Easement, this r mom mnt shall be null and void, and the Easement
shall be terminated.
Federal34. Assurance. As required by the l Aviation
Administration, time Prod" Owner agrees to the foflowingr l l mn :
a. The r r shall subject the construction work on the
project to such inspection and approval during the construction of the Program
Improvements amn r compleflon of the r gr 1nm Improvements as ma,y reasonably
be requestedby the Program mn r and/or Monroe County.
Afterb. final compl tion of the Program lrnprovernents, the
Owner shall assume the responsibility for maintenance andoperation the lterns
installed, purchased or constructed under this mr mntW Neither the Federal Aviation
Administration nor the Countybears anyresponsibility for maintenance amnd operation of
these items.
35. Reducflon of Fresh Air Infiltration. The Propertyr wlll be
required to sign (Ventilation Hold Harmless Agreement) l imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture amnd
humidity I levels.
I t u l ul unt It the Property r diesires
to retain any of the material or equipment removed from the r result of the
Program Improvements, the Propertyr shall arrange for the l f said
materials and equipment directly wlth the Contractor at the Property m' sole dsk
and mn . h nnassumes no rm l 111 r the mn Itl n of the material,
mlrmnt or surrounding surfaces as a result of the owner-requestedI W The
Property r and the Contractor shall, prior t mmencement of construction,
agree upon and executedocument Usting those items to be salvaged. In the absence
Property er Noise Insulation a nt Page 10 oft
+ r
of such a written agreement, all items shall become the property of the Contractor.
Materials n quip et not listed for salvage by the Property Owner shall become the
property of the Contractor.
7. _ Insurance. urinProgram construction period, the
Contractor will provide builders risk insurance r the Property. The Property Owner
shall have the option, at the Owner's sole cost and expense, to maintain
homeowner's insurance policy for the duration of the construction of the Program
Improvements. h a r understands that, following final completion, the
Contractor's builder's risk insurance ill cease, and it is advisable for the Property
Owner to obtain insurance cover any value to the Property by the Program.
. Timing and Effects o _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 involve substantial inconvenience an uld generate significant
quantifies of dust and debris renderingportions of .the uninhabitable for
extended periods of time.
. Labor and MW ri I Release. The r releases
forever isc s any andall claims, suits n ions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractorsn
suppliers ith respect to issues relating to the conformanceof labor, materials and
acoustic designs utilized in the ProgramImprovements. Notin in this paragraph shall
limit the warranties for materials andworkmanship contained in the contract withthe
general contractor.
. Sale of Proe In the event the Property Owner sells, conveys or
otherwisetransfers title to the Propertythe completion of all phases of the
Program process, the Property Owner hereby a to provide the r with a copy
of this Agreement prior to the closing n the sale, conveyance r other transfer, and t
transfer all of the Property Ownersresponsibilities obligations r this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer o
the
1. Waiver. No waiver of, acquiescence i , or consent to any breachf
any term, covenant or condition hereof shall be construeds, or constitute, waiver of,
acquiescence in, or consent to any other, further or succeeding breachf the same or
any other term, covenant or condition hereof.
2. Rllg@M of Easement. In the event that this Agreement is
cancelled or the County t r ins that the Easement should be released ,
Propertythe r, upon written request by the County, shall pay to the County the
sum of Oneand ll ( 100.0 ) to cover the costsf the preparation and
recording of the Release of Easement document in the public records of Monme
County, Florida. Property r understands that it is the Property Owner's
responsibilityto insure such payment is madein order t 'clear the fitleo the Property.
Property r Noise Imularlon AgreementPage 11 of 2
43. Auth Lnty to Execute On Behalf Of County, By Resolution No. 111-
2Q_O4, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, an the Jrh day of March 2004 grant full
authority for the County Administrator to execute this Agreement on behO of the
County without further action by the Board of County Commissioners.
44. Attachments. Attachments to this Agreement include the following,
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.
d. Exhibit D: Deficiency Hold Harmless Agreement
a. Exhibit E: Ventilation of Harmless Agreement
45. General Conditions.
a. Governing.LawVenue InterEretation- Costs, and Fees.
(1) This Agreement shall 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 that venue will lie in the appropriate court orb
the appropriate administrative body in Monroe County, Florida.
(3) The County and Prop" Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by orb n any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrafive 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 enforcement 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-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Bindina Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and in to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
............................. ..................._............ ........... .......
Property Owner Noise Insulation Agreement Par 12 of28
c. Severability, If any term, covenant, condition r provision of this
Agreement ( r the application thereof to anycircumstance or person) shall bedeclared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisionsof thisi shall not be affected
tremaining , covenant, condition and provisionof this Agreement
shall be valid and shall be enforceablethe fullest extent permitted by law unless the
enforcement of the remaining terms, ven nconditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. Authority. ch party represents andwarrants the other that the
execution, delivery andf this Agreementh v n duly authorized by all
necessary County n Property Owner action, as may be required1 .
e. Duration of Agreemen . This Agreement shall commence upon the
execution of this Agreement, subsequent execution by the Property Owner and b
the County and shall remain in effectr a period reasonably ui to affect the
Program Improvements ( h "Term"), except as may be sooner terminated in
accordance with the visions of this Agreement.
f. Acceptance i n i nce Fund . r Bequest s. The
County n Property Owner agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, i ran , assistance funds, or bequests to be used
r the purposes of this Agreement.
. Claims for Federal or State Aid. The County e r
agree t each shall be, and is, empowered to apply for, seek, andin federal and
state funds to further the purpose of thisAgreement; provided that all applications,
requests, t proposals, and funding solicitations by the Property Owner shall be
approved y the County prior to submission.
h. Adludication of Dlsl2utes or _ la re The County n
Property r agree that II disputes disagreements shall be attempted to b
soled by meet and confer sessions between representativesf each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party II have the right to seek such relief or remedy as may be providedby this
Agreement or by Florida law.
!. Nondiscrimination. The County and Property Owner agree that
there ill be no discrimination against any person, 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 n rope r
agree to comply with all Federal and Florida statutes, and all local ordinances,
applicable, relating to nond iscri !nation. These include but are not limited : (1) Title
I of the Civil Rights Act of 1 ( .L. - 5 ) which prohibits discrimination on the
basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973,
as amended ( U.S.C. s. 794), which prohibitsdiscrimination on the basis of handicap;
(3) The Age Discdmination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
Property Owner Nome lAndation Agreement Page 13 o
prohibits i cri in tion on the basis of age; ( ) The Drug AbuseTreatment
Act f 1972 ( .L. - 55), as amended, relating nondiscrimination on the basiso
drug abuse; ( ) The ComprehensiveTool Abuse And Alcoholismtin,
Treatmenth bill tion Act of 1970 .L. 1- 1 ), as amended, relating
nondiscrimination on the basisof alcohol abuse or alcoholism; ( ) The PublicHealth
Serviceof 1912, 7, ( - ), as amended,
relating to confidentiality of aI hol and drugs ti nt ; ( ) The
With Disabilitiesof 1 ( 2U.S.C. s. 1201 Note), as may be amendedfrom time to
time, relating to nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights
Act of 1992, (Chapter 0, Florida Statutes, and Section 509.092, Florida Statutes), as
amendedmay be from time to time, relating to nondiscrimination; ( ) The Monroe
County i in (Chapter 1314, ArticleIII Sections 1 -1 1 through
1 -130), as may be amended from time time, relating to nondiscrimination; and (1 )
any other nondiscrimination provisions in any federal or state statutes r local
ordinances ich may apply to the parties , or the subjectr of, this .
j. Cooperation. In the eventn iir tiv r legal proceeding i
instituted it either party relatingformation, execution, performance, or
breach of this Agreement, the Countyr agree to participate, the
extent required other party, in all proceedings, hearings, processes, tin ,
and other activities relatedto the substancef this Agreement or provision of the
services under this Agreement. The Countyn r specifically agree that
no party to this Agreement shall be requiredenter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to thisAgreement.
'Documents., The CountyProperty r
shall maintain books, n documents directly rtin nt to performance under
this Agreement in accordance Withgenerally rind I
consistently applied. o this Agreementr their authodzed representatives
shall have reasonablen timely to such records of each other party to this
Agreement for audit purposes during the term the r four years
following the termination this Agreement.
I. Covenant of No Interest. The Countyn n r
covenant that neither presently has any interest, and shall not acquire anyinterest,
which would conflictin any manner or degree with its performanceunder this
Agreement, and that only interest of each i iv benefits as recited
in this Agreement.
m. Code of Ethics. The County agrees that the officers
employees of the Countyi d will be requiredply with the standards
conduct relating to public officers and employeess delineated in Section 112.313,
Floridato s, regarding, ut not limited to, solicitation or acceptance of gifts; of
business with one's agency; unauthodzed compensation; misuse of public position,
conflicting employment or contractual relationship; an i ou or use of certain
information.
Property r Noise hisidallon Agreemerd Page 14 o 2
n, No Solicitation/Paman ., The County r warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other then a bona fide employeeon of l r it, to solicit or secure thisAgreement
and that it has not paid or agreed to pay anycompany, corporation, individual,
r firrn, other than a bonafie employee workingsolely for it, anymission,
percentage, i , or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation is provision, the Property
Owner agrees that the CountyII have the right to terminate thist without
liability t its discretion, to oftet from monies , or otherwise recover, the full
amount of such fee, commission, percentage, i , or consideration.
o. Public Access. The Countyroe r shall allow
permit reasonable access t , and inspection II documents, PapersT letters, or other
materials u J ct to the provisions of Chapter 119, Florida Statutes, and mader
received by the County r in conjunction with thisAgreement; and the
County shall have the right to unilaterally n I this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
comply with Floridapublic laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of articleI of the Constitutionof Florida. The County
OwnerProperty shall allow and permit reasonable access to, and inspection o , all
documents, , letters or other "public r materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, n d
r received by the Countyn r r in conjunction with thiscontract n
related to contract performance. County II have the right to unilaterally n I
this contract upon violation of this provision by the Property Owner. Failure of the
Propertyr to abide by the terms of this provision shall be deemed a material
breachof this contract and the County. enforce r of this provisionin the
form of a court proceeding d shall, as a prevailingentitled reimbursement
of all 's fees andassociated that proceeding. This provision shall
survive ny termination r expiration of the contract.
PropertyThe r is encouragedconsult with its advisorsout
Floridau lic Records Law in order to comply this provision.
Pursuantto F.S. 119.0701 and the n n ii this
contract, the Propertyr is required to:
(1) Keep and maintain public records that wouldrequired the
County to perform the service.
( ) Upon receipt from County'County's custodian of records, provide
County with f the requestedor allow the records to be inspected or
copied within a reasonabletime t that does not exceed the cost provided in this
chapter or as otherwise provided law.
(3) Ensure that publicc that am exempt or confidential and
exempt from publicdisclosure ui not disclosed except as
Property r Noise Insulation e 15 of 2
authorized law for the duration of the contractterm and following pletion of the
contract if the Property r does not transfer the records to the County.
( ) Upon completion of the contract, transfer, t no cost, to the
County II public records in possession of the Owner or keep andmaintain
public records that would be requiredthe County to perform the service. If the
OwnerProperty transfers II public records to the County upon completion
contract, the Property Owner shall destroy any duplicatepublic records that are exempt
or confidential and exempt from public records disclosurerequirements. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Propertyn r shall meet all applicable requirementsr retaining public records. All
records stored electronically must be providedto the County, upon request from the
Coun 's custodian of records, in a format that is compatiblei the information
technology systems of the County.
( ) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the Countydoes not possess the
requested , the County shall immediately notify the Property Owner of the
request, and the e r must provide to the County or allow the
records to be inspected or copied withinreasonable time.
If the Property Owner has questionsin the application
Chapter 119, Florida Statutes, to the Property Owner's duty to providepublic records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at ( )
292-3470.
p. Non-Waiver of Immuni Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the Countyn pe r in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance v , or local government liability insurance pool coverage shall not be
deemed a waiver of immunity the County to the extent of liability yr , nor shall
any contract entered into by the County be requiredto contain any provision for waiver.
. Privileges and Immunities. All of the privilegesimmunities from
liability; exemptions from laws, rin n s,�ind rules; n ion and relief, disability,
workers' compensation, n other benefits hich apply to the activityof officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement within the territorial limits the County II apply to the same
degree and extent to the performanceof such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. L@2al Obligation and, ResRonsibilities,- Non-Delegalign pf
Constitutional or Statutory Duties. This Agreement is not intended t , nor shall it be
construed as, relieving anyparticipating ti from any obligation or responsibility
imposed o the entity y law except to the extent of actual and timely r n
thereofby anyother participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
t , nor shall it be construed as, authorizingdelegation of the constitutional or
statutory dutiesof the County, t to the extent permitted by the Florida constitution,
w_��. . �w..�..M..�..M...�........... .M. �. ................._
PropeM Owner Noise Insidatione Page 16 o 2
state statutes, g and, specifically, the provisions rr w
Florida t .
. rr ii r enti hall be entiffed
to relythe tarms, or any of them, of this nt to enforcer 't to
enforcen third-party claim tits nt to or benefit of any serAce or program
contemplated hereunder, and the CountyProperty Owner agree that neither the
County nor Property Owner or any agent, officer, or employee of each spy ii have the
aluthorfty to inform, a i W or othervvise indicate that any particular individual
of individuals, ti rr entities, have entitlements or benefits under thisAgreement
separate n apart, inferior t , or superior to the communityin general or for the
purposes contemplated in this Agreement.
t. Attestations, The Property Owner agrees to executesuch
documents as the County may p iy require in the perlbrmance of the obligations
and duties of the County or Property r under this t.
. No Personal Ua iiity. No covenant or agreement contained herein
spy ii be m to be a covenan't or agreement of any member, officer, agent or
employee roe County in his or her individual capacity, n r, officer,
agent or employee of Monroe Countyii be liable i personally on this Agreement or be
Subject to any personal Hability or accountability by reason of 'the execution of this
Agreement.
. Execution..in _CCountArn_ rtS. This Agreement may be executed in
any number of counterparts, each of which shail be regardedn original, all of Which
taken together shall constitute one and the instrument and any of the r i
hereto cut this m rnt by signingany chi counterpart.
w. rSection Headinq5. noun headings have inserted in this
Agreement as a matter of convenienoe of reference rri g and it is agreed that such
section dig not a part of this rat and will not be used in the
interpretation o't any provision of this Agreement.
Property r Noise InmIation Agreement 17
d
IN IT Property r and the County have
executed this Agreement as of the day and year first above written.
----------------
:
Signature
Signature
Pdi ieme
Printed Name
Signature
�.-7 •y"��..�t�.SY'�1G_ Date
Prinfed Name
WITNESSES: PROPERTY OWNER:
�y
Signature
Signature
�v
Printed v
10
dnted Name
Signal re
Date
Printed
.+ .
a v
r M-ONk UNTY BOARD OF COUNTY COMMISSIONERS:
MAYOR 1 CHAIRMAN: ,
Attest, Sylvia J. Murphy 4
4 AKEV1hI ADOK, CLERK
w
Deputy Clerk Signa sure
Date `
Property r Noise Imulation Agreement Copy AT-79ANEY Pr x i ;A of 28
aED Ali rFOFM `
POLICYPROGRAM
Exhibit
PropertyTo
i Insulation Ag
A. Air Conditioning:g: General Restrictions. Whileproviding a new ductless "mini-
split"--A "mini-
splie--AC system to your condominium as a part of the Noise Insulation Program
modifications, a following limitations and restrictions will apply to all condominiums:
1. All condensing units ill be installed on the balcony
. All refrigerant lines (running from the balcony condensing unit) will be installed
consistent with KWBTS Boardpolicy rules, maintaining a maximum height of 48
inches.
3. All condensate lines will be installed on the building exterior consistent with KWBTS
Boardpolicy rules to ensure the highest level of consistency and building
architectural aesthetics.
. All interior AC lines (rehigerant, condensate, electrical) and Energy Recovery
Ventilator ( V) ducts will be housed in new vertical wall and corner pilasters which
will be constructedto match the quality of existing walls. The number and locations
of the new vertical wall and comer pilasters will differ depending on your unique
condominium floor plan and number of bedrooms. The NIP executive architect will
view this information with you at your NIP Design Review Meeting.
. 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. Window ill Repjace_ t. Due to the presenceasbestos, the NIP will provide
new custom wood surround and sill instead of the existing gypsum board surround. u
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.
CustomC. r of ins and Baseboards Restrictions
The new asbestos abatement requirements will restrict the ability to remove existing
custom trim and baseboard prior to construction (as orl lneW 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 new pilaster or
thru wall ao-infill. At new pilaster locations and, if the thru wall ac inll abuts the existing
baseboards, the contractor will install a standard ( " x -1 ") painted wood trim to
abut the existing trim, rather thanattempting to match the existingcustom trim profiles
and materials. After the completion of the NIP construction, the property owner will
Ez�ilti-Property r Noise Insulation Agreement Page 19 of 28
a
have the option to replacethe installed trim with t r custom trim match the existing
materials aprofiles.
D. r Thresholdi ® u t stringentFloridau i water
infiltration buildingII n aluminum u ti I prime entryswinging doors
sliding glass do doors will have thresholds that are considerably higher (from the
floor) than existing door thresholds. These higher door thresholds are designedt
provide optimum protection to the interior of a condominium from r infiltration urin
hurricane.
E. KWBTJ A1h9s12Lj1stIng
As required o federal requirements, nu s testing on all
participating KVVBTS condominiums in Buildings A, B andduring the November 2017
to April 2018 time rid. This testing included collecting 7 to 9 samplestech
condominium to include gypsum board joint compound, °n I ing, and exterior
window n door caulking. In addition, random exterior stucco I collected
n both the "walkwaym and "courtyard / balcony" building elevations.
Depending on the laboratory analyis of thesesamples, the presence s s s
containing r i ls ( ) have the potential to impact v l areas of the NIP
construction process to include:
window removal n tic window installation,
door removal and acoustic door installation,
removal f portable "through-wall"AC units n the infilling of openings,
® coiling cuts required r installation of the u C,
II cuts required r the installation of the ductless AC,
® construction of vertical wall pilasters i r installation of the ductless
AC system & ERV ducts,
construction of closet soffit for installation of the ERV.
AbatementF. Asbestos
In event any samples oasbestos containing ri I ( ), the
awarded NIP contractor will be requiredr the following abatement
requirementsduring construction:
Ifs_mm l s h n-ofAcm < 1
The NIP contractor will be required to comply with OSHA worker safety requirementsto
include worker respirators, polycurtains in all areas wherethe surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/orsanded.
hi li".w...mm�.....
A- ro r r Noise 1wWation Agreement Page 20of2
If sam[)Ies show a presenceof ACM '1
T_heNiP contractor Will be requiredto perform full asbestos abatement pro s
directed by the Environmental Protection Agency (EPA) to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, closets,
window d ), approximately 4 feet from all walls and areas impacted b
the NIPmodifications.
Abatement and baggingof ACM (resulting from olitinprocess) by
certified s abatement staff.
ir sampling of containment areas and clearance f all areas by certified
asbestost staff to allow access to containment areas by traditional
(non-abatement)workers.
- THC will be requiredto provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIPconstruction process to
ensure proper compliance withfederal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing ncin
and coordination requirements of contractor crows.
Given the cost to providerequired to nt procedures, the FAA
ill require THC to develop a design n nstru ion plan that minimizes the
disturbance of ACM to ensurethe 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 is
are outlined low.
H. KW13TS BOARD Authority i i i . The KWBTS Boardill have
Authority to make several of the i decisions to include:
1. Acoustical Window andDoor Materlial
2. Acoustical Window and Door Color and Hardware Finishes
. Acoustical Window and Door Operational Styles
. Interior Ductless uM!n!-Splif AC System Installation Requ
. Interior Ductless" ini lit"AC SystemInterior Soffit Design and Placement
. In-Filled Kitchen Prime Door Policy Treatment
.
Exhibit A-Property Owner Noise Insulation AgreernentPate 21 o
LEGAL DESCRIPTION
Exhibit
To
Homeowner Noise Insulation Agreement
Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, accordingto
the Declaration of Condominium there recorded in Official Records Book 589, Page
370, as amendedfrom time to time, of the Public Records of Monroe County, Florida.
i 1t B-Property r Noise ImWation Agreement Page 22 of 2
IMPROVEMENTSPROGRAM
Exhibit
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement c for an eligible home that
includes the Program Improvements dev lop the Program Manager to reduce the
interior environment of a property by a minimum of five (5) decibels.
typical Program Improvement package may include:
Architectural Drawings
Replacement lumina Acoustical Windows
Replacement lu inu uti I Swinging Prime or( )
Replacement Aluminum Acoustical Sliding Glass PatioDoor(s)
ibit C-Property Owner Noise Inmdation AgreementPw 23of 2
,
HARMLESSDEFICIENCY HOLD
Exhibit
NoiseTo
Property Owner Insulation
1. In partial consideration of the compensation to be paid on behalf of the
County n r the Program. Improvements
described in the Agreement of even date herewith ( " f) between the County
and PropertyOwner and to whichthis Exhibit Q is attached, the undersigned, for and on
behalf f the undersigned and the heirs, personal representatives, successors, n
assignsof the undersigned, r releases, remises, discharges, indemnifies n
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of its . agents, officers, employees, consultantsand/or contractors
concerningny and all claims, demands, damages, actions or causes
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequencesthereof, and any of the foregoingiaccrue to the
undersigned or their respective heirs, personal representatives, successors and assigns i
connection `th any and all Pre-Existing ficiencie (the "Deficiencies") against said
Countyr any of its officers, agents, employees, n ul l r contractors to be
legally liable.
. The Propertyr understands and assumesfull responsibility for the
Deficiencies prent in the Property, whether visible m Manager or unseen.
. The Property Owner understands that the Deficienciesinclude
deficiencies present in the Property at the time of execution i t which could
include, but not be limited. , code violations, structural damage, water I moisture
damage, ou materials, infestation and/or any issue t would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the Property n r understands t the Program Manager may
identify n document Deficiencies at any time throughout the Program process
(including si n, bid and construction ). If identified n documented, the
Programn r will classify the observede "Minor or° e
5. The Property Owner assumes full responsibility for the worsening
documented Minor Deficiencies.
6. In the rare event "Severe" ficici identified durindesign
process, r agrees to completenecessary repairsto the Property, t
the acceptanceof the Programr, as a preconditionto the commencement of
construction of the Program Improvements. In the rare event that " v Deficiencies
are uncovered during construction period, the Propertyr agrees to complete
day tt -Pro r r Instdarlon Agreement 24 qf28
necessary repairs to the Property, to the acceptance of the Program Manager to
minimize any delay or stoppages of work.
7. The undersigned acknowledge and agree that all of the release and hold
harmless and indemnity provisions set forth in Paragraph 1 of this Exhlbft Q apply to
property damage, injuries, deaths, or damages arlsing from the Deficiencies and/or all
negative impacts that later result after the addition of the Program Improvements. The
provisions of this Exhibift Q shall survive the termination or it bon of the Property
Owner Noise Insulabon Agreement.
8. The undersigned hereby agree that the terms and provisions of this Exhibff
Q shall be binding one and inure to the benefit of the undersigned and their respecdve
irs, personal representatives, successors and assigns.
....................
WITNESSE, : ---- i
PROPERTX OWNE
Signature
Pd Name
Pdnted Name
Signature
Dift
Printed Name
WITNESSES: PROf 0 NER:
signature
Signature
Frin—tedNeme
Printed Name
I Signature
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Date
9,-irinted Name
—--—------------
-WITNESSES:.........--- -------- PROPERTY OWNER:
Signature
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.............................................
Signature
Date
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Exhibit D-iroperty Owner Noise Insulation Agreement Page 25 of28
VENTILATION HOLD HARMLESS
Exhibit
NoiseTo
Property Owner Insulation r
1. In partial considerabon of the compensation to be paidn behalf of the
County and the Program for the Program Improvements made to the Property
described in the Agreement of even date herewith (the "Agreement') between the County
and Property Owner and to whichthis Exhibit E is attached, e undersigned, for and on
half of the undersigned and the heirs, p on I- representatives, successors, and
assigns of the undersigned, r releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or Institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action o
whatsoever kind and nature on account of bodily injuries or death, damage
property and the consequences of, and any of the foregoingwhich may accrue to
the undersigned or their respective helm, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against
said County or any of its officers, agents, ploye , consultants and/or contractors to b
legally liable.
. The Program Improvements y include the addition of acoustical
windows and doom, removal and infilling of ° ro - ll" portable air conditioner units
and the addition of a replacement ductless "mini lit" air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage t was naturally occurring in all openings, the
Program II also include the addition of a energy recovery ventilation ( V) unit which
ill provide an adequate exchange f inside / outside air to the condominium
required y building code.
3. Given the tightened interior environment of the treated ndo iniu , the
Property Ownera to assume full responsibility for the proper operation of the now
Program ductless AC system andenergy recovery ventilation ( unit to avoid the
potential for mold and moisture problems, especially during periodswhen the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Sin a room tubsand/or showers am a source of
moisture generation in the interior environment of a condominium, e Properly Owner
agrees to assume full responsibility for ensurIng that all bathrooms v an operable
bathroom exhaust fan capable of properly exhausting bathroom oitu to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with II wall vent that was designedto allow the passive exhaust of
Exhibit E-Property Owner Noise Insulation ree t Page 26 o Z
b,athroom moisture In a central building exhaust shaft. During the Program design
survey process It was discoveredT bufldings lack a solid central b0ding
shaft.exhaust Due to Ws i tin condition, these odginal wall vents 1t still present)
have the potential to providepathway for unwanted air, smoke and/or gases Into the
condominUm Mterior. The r agree3 to assumel1 responsibility for the
sealing of original waJ1 vents in l bathrooms an for any and all negative impacts that
may It it left untreated,
. It is clearlybuilding I l ti n to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. M the event a Property iOwner has incorrectly ducted
their laundry r vent to the KWBTScentral building exhaust shafts, they agree t
correcttHs deficiencypropexhaustingerly II IIW� their laundry III dryer
Il�exhaust in n
alternativemethod t meets t current u fl LL�0 code, t their tbeforethe ig ib tW
the Program n tr I W Furthermore, the Propertyr agrees to assume
any andall liability 1 t improper m time, f their laundry hau t.
6. The rod r understands t the Program Improvements wIll not
addresskitchen t m m tll tl n r exoes&e 1n rotor humi&y levels
generated by the Property T wlthin the intedor of the condomlnium. The Property
Ownerm assumes 11 responsibility for maintenance of intedor moisture
and humidity levels. The Property r agrees to assumefull responsibilky for any
occurrence, reloccurrence or worsening o,f rnoWureproblems an r inn rl r humld1ty
levels in the property. ln addition, the Propertyr agrees to assume full
responsibility fbr the maintenance amid operation of the MP venting modifications after
completion at the Program lmproverrients.
" The undersigned acknowI rm that all of the 1 of
harmMs andinderrinity provisions set forth in Paragraph 1 of this t ppppl t
Mjudes, deaths, or damages sustained in connectionItem or as a result of any andall
interior ventilation deficlencles arisft after the addition of the Program Improvements
including, but not limited t , N h humidity, mold, mildew,-and/or lack of proper exhaust
venblation. The ppr isions of Ws Exhibit E shaH surAve the terrMnation or expiration of
the Property r Noise MsuWlon Agreement.
B. The undersigned that the provlMons oftl
Exhlbff E shaH be bindingp inure to the benefit of this undersigned and theIr
respective heirs, personal representatives, assigns.
........ ... ... �a
I WfT—N t S S—El' PROPERTY OWNER:
Signaturez
Signature
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Printed Name
Signature
Date
Printed Name
rr.
ibit E-Property Owner Noise Insulation r 7 of2
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I-T,NESSES: PROP TY OWNER:r:aa
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Signature
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Printed
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Ad-nied Name
WITNESSES: PROPERTY OWNER:
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Printed Name
Signature
Printed Name
hilt E-Property Owner Noise Insulation Agreement Page 2