09/18/2019 Agreement/Easement-C315 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
E Pro
CPPared-P ,and turn To:
Heather P. Faubert Doe#220767 ft#3019 PV 1
NIP Assistant Project Manager 112020 11:28 AM PW I of4
TH , Inc.
710 Dacula Rd., Suite 4A#315 Dead Doc SWW So oo
cula, GA 30019Filed s of
AVICATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thisSa day of
y"JOHN J. OILEARY ", hereinafter referred to as"the
Propertynr," in favor of the MONROE COUNTY BOARDCOUNTY
COMMISSIONERS, body politic and corporate, hereinafter referred to as " ."
RECITALS:
A. The Property owner is the fee simple titleholder to certain realp ("the y")
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit 315-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium,
together with an undivided interest in the common elements, according to the Declaration of
Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
also identified as street address: "2601 S. RooseveltBlvd., Unit 1 "
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 aircraft noise compatible for residential
purposes through the implementation of a Noise Insulation Program ("NIP").
C. Under the NIP, the Airport will design and install or pay for the, installation of
improvements and modifications to the Property Owner's Property necessary to reduce
interior noise levels at least 5 dB and to bring the average interior noise level below 45
dB in accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacity s the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Key West Intonl Airport NIP—AvIgetion Easernerd(Unit C16)
.. J Page 7
Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the
!P will benefit the Property Owner and the Property by 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.
. The Property Owner fully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 ExistingCondition Noise Exposure
accepted y the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIP will be administered in accordance with the current FAA Order 51 .3 , Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
evigation 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 Avigation Easement of the recitals
set forth above, the Property OOwner 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 fbrm 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 purview of this Easement.
. This Easement shall be perpetual in nature and shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
. The Property Owner on 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, ttorney'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 W International AI rt NIP—Avigation f=asement(Unit#C315) Page 2 of 4®
. This Easement expressly excludes and reserves to the Property Owner and to the
PropertyOwner's heirs, assigns and successors in interest, claims, demands,
damages, debts, liabilities, costs, attorneys' or expert'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 y coming into direct physical contact with the property 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 of
any provision of this Agreement, the prevailing party shall be entitled to all costs,
damages and expenses incurred including, but not limited to, aorny's fees and costs
incurred in connection therewith, including appellate action.
6. o provision of this Agreement is to be interpreted for or against any party because that
party or that party's legal representative drafted such provision. This Agreement shall be
interpreted and construed according to the laws of the State of Florida.
7a 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.
. 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.
. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
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 Intemetlonal Alrpart NIP—Avigatlon Easement(Unit 315) Page 3 of 4
This Easement Agreementis executeds of the date first above written.
PROPS NER: PROPERTYOWNER:
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Printed Name ptrffticu
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Dat®e �.
ROSEMARYA CAL ESE s
` Notary Public
STATECommonwealth Virginia
F Registration No.7613668
My conunhuslon Expim Jun 30,2022 j
The foregoing instrument was acknowledged before me this 24 day of , 20jj
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Property Owner Name(s)
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Notary Public SI y CommissionExpires:
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS.
WITNESSES: MAY
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Printed Name u his ��. � „n�� .....�_�_d
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I STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
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by .
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Notary,... — -� y Commission
Public Signature
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Key Intitlon o NIP— vltion Easement(Unit 315} � -
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Address: Key,W09k=ft,Sea
Unit No.: —C 15
Name(s): _ O'Leary
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 ,413roperty"); 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
beneI t 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 Fo 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
Property Owner Noise Insulation Agreement Pa I go-1-.of 11 2.8
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_ dram '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.Program Improvements moment of Pray _m Improvements. The County agrees to pay r
the
p vements described in Exhibit 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. Impeding mr� titive Bid Process. The Property Owner shall not
impede or interfere with the Contractor's ability-fo—select between approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure
competitive bid environment, the Property Owner is prohibited from having any
discussion or communication with the Contractor in relation to the Program, the
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the County in its sole discretion, result in disqualification from the Program and
cancellation of this Agreement.
. Construction.Contract. The County will award the contract for the
ProgramImprovements 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. re- & Post-Construction Responsibilities. The Property Owner shall
meet all responsibilities and re ui ants pertaining to both pre-construction and post-
construction:
. Prior to the start of NIP construction, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as Jewelry, coins, guns,
antiques, heirlooms, etc.) from their condominium®
( ) Moving of all furniture and belongings into the "Designated
Storage pace " within the condominium, providing the required "clear area" (white
Owner Insulation 2 of 2
space in sketch) for the Contractor. When doingill have the
ability till the completer to calling" space,
Removing f all excessive furniturebelongings the
condominium t will not fit in the "Designated StorageArea";
Removingll window and door treatments
drapes, plantation shuffers, t . storing them in t "Designated S
Area",
Removingll electronic anddust-sensitive items from their
condominium r wrapping withprotective Iy before storingi "Designated
Storage9
RemovingII wall hangings (such as mirrors, pictures, i
shelves, t .) and storingthem i "Designated St r
(7) Moving all small items and belongingsinto it r the closets
bathroomstli in t "Designated tSketch"
Afterb. completion of the t i n, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongingst in the
"Designated St r " back to their original positions in the condominium:
( i i r�it r belongings into
t condominium;
(3) Re-installation of all wall treatments, r treatments
wall hangings back to their original positions in the condominium.
the event the Property Owner fails to perform any and all of the
above Pre-Construction responi ilitl , the Propertyr shall be removed from NIP
participation n r r shall be liable the Countytr t r for
any and all resulting ll direct and indirect is related thereto.
the eventtOwner falls to performII oft
above Post-Construction responsibilities, the Property Owner shall be liable the
County and/or Contractor for any and allresulting all direct and indirect
costsrelated thereto.
I rn r ling, _Cqnstruction. Once constructionthe Program
Improvements 1 a, the r shall not impede construction r alter
constructionschedules. In addition, the Property Owner shall prevent any andall
tenants t may occupy the Property duringconstruction f the Program
Improvements from impeding t ti r altering constructionI . In the
event the Property Owner or any tenant occupying the Property impedes constructionr
........_......
_........
Propertynr Noise insulation re ent Page 3 of 2
alters the tischedule, the Property Owner shall be liable to the Contractor
and the County for any damages and allit indirect related thereto.
Working8. Safe l t. The Property Owner shall be responsible
for providingi i t for the ProgramContractor,
subcontractors, suppliers, and City, County, State and federal inspectors.
Throughouta. all phases of design and constructionof the r
Improvements, the Property Owner shall be responsibler:
(1) Providing a wor i i t that is free # ti I
health risks, b1ohazard conditions, hazardous chemicals, obstacles, weapons of any
i r explosives;
( Refraining from verbal abuse orprofanity;
(3) Refraining from aggressive i I s and
( Insuring that allcompletely r # i .
. In the eventt Owner falls to meet any of the foregoing
conditions, the Program process may, at the County's discretion be temporarily
suspended t any time. In such event, t r r Manager shall notify the Property
Owner in writing, stating the correctiveaction(s) r condition( required to
completed the Property Owner pdor # the Countyresuming
process.Program
. In the event the Programr is to the
Property Owner's failure to compI t rr ti action(s ) and/or condition(s)
required the Programr, the Property Owner shall be liable to the County
and/or Contractor for anyII damages and all direct and indirect related
thereto.
. If the Programis resumed, the Property Owner shall be
liable to the t r Contractor for any and all damages and all direct and indirect
costsrelated to or caused by the temporary suspensionf the Program .
® Construction Delays. During the constructionperiod, the Contractor
may experience unforeseen li ti relating to the installation f the Program
Improvements. The constructiont shall provide that delays relatedto these
unforeseen ll tions are beyond the control of the Contractorn II be excused
so t the timefor completion may reasonably be extended. Constructionschedules
may also be revised if there is a delayin awardingthe contractr if the Program
Improvements have to be re-bld in the event of lack of biddingcontractors failure
of the lowest responsive, i t bidder to execute # t t, provide a payment
performanceand r show proof of required i .
. Qhq � t � f Program r t right
t t�.the plans
_and sper:Kiilons and the Program Improvements, at its
_........ .... _....... _... ._
Propertyr Noise Insulation Agreement o
sole discretion, time rig the Programprocess, vl t
reduce the scope or qualitythe Program Improvements descri in Exhibit C and
such changes are necessitated i f hiddenn iti t readily
detectable rig ! property inspection .
., t _ _ance . Upon completionthe ProgramImprovements,
Programthe r shall inspect or cause the inspection f the Program
Improvements tr i if they re completed pursuantt the terms of the
contract, The ProgramManager retains sole discretionauthority r
conformance andr issues as they relate to the Contractor, subcontractors,
suppliers acoustic designs. The Property Ownerf t to attend the
Substantial ti Inspection I input to the Constructionit
respect to the identified punch-list items. In addition, the Property Owner is I t
attendthe Final Inspection. In the eventthe Property Owner elects to not attend the
Substantial Completion and Final Inspections, they release their ability t
provide input to the Constructionit respect to the acceptance of the
ProgramImprovements. In the eventthere is a disagreement between the Property
Owner and the Program Manager as to a conformancer performance issue, t
OwnerProperty shall be requiredto submit the discrepancy in ritin to Monroe County
(representative to fi the NIP constructionwithin f the
inspection i i rise to the discrepancy, shall then make a
determination as tthe acceptabilityf the r issue
remedial ti that may need to be taken. Monroe Countyif be the I arbiter of
any conform i . Failure by the Property Owner to submit the
writtenI it within the time period specified v ll thereafter r I the
Propertyright to filefit.
12. 'Termination t. r r t that
the signingf this Agreement initiates bot the BIDf f
the Program Improvements to be performed in it .
Therefore, if the Property Owner attempts to terminate this r t or otherwise
impedes the progressthe performance of the Program Improvementsthe award
f the constructioncontract, the Property Owner will be liable to the Countyfor any and
all damages and all direct and indirect t thereby.
. Warranties. The County does not represent or warrant the level
noisetl that the r will experience withinthe Propertyresult
of the r Improvements r of the r .
Countya. The t its contract with the Contractor will include
standard1 r warranties from the Contractor for all materials and workmanship.
one-yearSuch warranty periodII commence as of the time the acceptancef the
work as provided for in Paragraph .
b At the and of construction, the Program Manager will provide the
OwnerProperty with a WarrantyFinal Closeout Package whichill contain copies
the warranty policies, r t instructions, i rat legal rats. As
conditionf receiving t Final Closeout Package, the Property Owner
aperty Owner Noise lksuladon Agreement Page 5 of 2
must first i I ted NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, # r
understandst the warranty policiesfor products used in the constructionf the
ProgramImprovements differ among product manufacturers. [ the event of claim, the
OwnerProperty is [ [ responsible r pursuing all future product warranty issues
directly it product tur .
= In the event of a claim, the r l[ be solely
responsible for, and agreesto contact the t # r or product manufacturer directly t
coordinateited warranty serviceto look [ [ the general
contractorr the product manufacturer for fulfillment of all warranties and for resolution
of all product or construction warranty [ :
(1) The Property Owner's inquiry is not directlyrelated
construction ti r product warranties (such as windowcleaning r product
maintenance) 1 # r the Property Owners inquiry u i the one-
year
warrantythe Contractor or re
(2) The Property Owner believes that warranty service1
required it t to constructiont issues, the r warranty period
from the general contractor has expired',
Owner(3) The Property believes that service is required it
respect to product warranty issues, iperiod r the product has
f expired, and # f t r r is urr lconducting its business;
Owner(4) The Property believes that service is required i
respect to r issues, the advertisedwarranty rig for the product
has it
_ Pre-Existing Defi i i . The Propertyr will be requiredt
sign &hibit (Deficiency [ [ Agreement) i ill impute all
responsibility n liability r for any and all present Pre-Existin
Deficienciest the Property, whether seen or unseen.
. Pre-Work_Req!Llrempnts., The Property Owner will be required
to completeall Pre-Work, as requiredthe u f llaccommodate
the NIPacoustic i tl .
�r r i[[ � r u[[i r t to c- [
t as
l.[
j1 t d itutilizing t
established y . t
designated r i t established I li all
be t rr f participation
shall be liable the County
and/or Contractor for any and all resulting damages and al[ direct and indirect t
related thereto.
"Hard-Wired" Smoke Alarm quit t. I
compliance it ity of Key West Fire Marshall and the Cityt Building
Department construction permit issuance it t , the Property Owner will be
required to install 120d It "hard-wired" Smoke alarmsin their condominium i
net Noise In ltio rnt of 28
accordanceit all applicable codes and regulations by the required li
established the NIP. The Proerta, Owner will be responsible to ensuret the
alarmssmoke not installed in same areas-' within hhe condomini e_....1—
modification r ill occur, t i pi i ro to the NIPconstruction
gmcess. I the eventt Owner falls install t ! "hard—wired"
alarmssmoke the establishedI lip , the Propertyr shall be removed
from NIPi i tl .
17. Suspension of Erogrgrn Pro The Program process may be
temporarily n t any time rl the designr construction
the discoveryDeficiencies to their potential ! t on the Program
Improvements t warranties. The Program process will not resume until the
OwnerProperty has correctedall related problemsto the satisfaction of the Program
Manager. In the event repairs aret completed in a timely manner, the Property
Owner will be liable to the County for any and all damages and all direct and indirect
delaycosts due to and/or stoppages r .
. Limitation on Alterationsto t r �. The Property Owner
agreesto make alterations, or to permit any tenant occupying any portion
Property to make alterationsto the existingwindows, r walls from the time
the Design process untilt t ti of the r
completed. tl i to this rule t be pre-approvedin writingthe Program
Manager. Failure to adherei requirement t the option of the Program
Manager in its sole discretion, result in immediate suspensi the construction
the Program Improvements on the Property. Owner will be liable the
County for all direct and indirect l ted with unapproved alterations
damages related thereto.
19. Pre and Post-Construction i _ tirt Pro- & post-
constructioni testing is important Program processthat is designed
measure and determine I achieved noiselevel reduction level attr
properties. If selected by the Programfor post-constructionnoise
testing, t r r t i t their� property for testing
agreesto not to make alterationsto the interior of their property (with the exceptionf
repairsf Deficiencies) frthe i r ® try ion noise test to the post-
constructignl m , est. In an effort to insure i t t noise datathe
Property Owner also agrees to preservethe interior l t of furniture, r coverings
windowand treatments the time f the rwe-construction noisetest to the u tm
t ti ,no i t. t that t failure tadhere
t it result in corruptionthe noisetesting data. Therefore, t
understandsProperty Owner they may be liable to the Countyfor any direct and indirect
noisetesting t In the event these requirements ar t.
20. Co,,o2e ration. As reasonably requested, the Property Owner shall
cooperate with the Contractor, the Program Manager and Monroe Countyin the
performance f all phases of the ProgramImprovements including, but not limited t ,
the removal and reinstallation of rugs, wall hangings and furniture
erty Owner Noise Insulation a ntPage 7 of28
1. 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. sign and Bid Process Access. At scheduled times and/or upon
not less than twenty-four O hou advance notice (via NIP email and/or letter), the
Property wner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and consultants access to the
Property to collect and develop all final design and bid documents. These visits could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-noise testing and pre-bid visit. In the event the Property Owner falls to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
23. Pre-Construction Access. The perty Owner agrees to provide
access to the Property forty-eight ( ) 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.
. Pre and Post Construction_ Access. At scheduled times and/or
upon not less thantwenty-four O hours advance notice (via NIP email andlor leffer)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. 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.
5. 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
Programana r 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
....... _.................
_
Propertyer Noise Insuladon Agmement Page 8 o
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 in the Key t hurricane season, the 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 falls to provide the required
additional access to their condominium due to hurTicane-related work stoppages, 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.
27. Discoyq�i of P Existin Defic�eneies During Construction. In the
�wp�
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.
. Ict of Unforeseen T „u lin Conditions on Construction
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 T .atmnts, Shades and lins. 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.
0. ExistincL, Crown F Molding. During the installation of the new
acoustic windows and doors, the NIP will be providingnew °s ndrd" 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 ner Noise 1wulation Agreement Page g o
1. Communication Maui ments. The Property Owner agrees to
read and review all NIP emallsand/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. Coo a tion in l aring Ma 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
by 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 Ownersconveyance 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.
. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following visions:
. 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 as may reasonably
be requested by 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.
Reduction35. „ of Fresh Air Infiltration. The Property Owner will b
required to sin Exhibit _E (Ventilation Hold HarmlessAgreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
. Salvage of Mallerials auiraent. If the a Owner desires
to retain any of the material or equipment removed from the Property as a result of the
ProgramImprovements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with the Contractor at the PropertyOwner'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
e ner wise Cation Ag__'reem'ent Page 10 o
of such a written agreement, all items shall become the propertyf the Contractor.
Materials and ei t not listed for salvage by the Property Owner shall become the
property f the Contractor,
= ro eft r rig r construction period, the
Contractor ill i it it risk insurance the Property, r
shalli tl t the Property1 t and expense, t iti
homeowner'sinsurance policyr the durationof the I n oft
Improvements. The Property Owner understands that, foll i final completion, the
Contractor's ll risk insurance will cease, and it is advisablefor the Property
Ownert i insurance to cover any valueto the Property by the Program.
38. Timing, Effects of �Construction. r
understands that there is a chance that construction itself may exceed the Contractors
original projected constructioni ri = The Propertyr also understandst
the constructioninvolve ti I inconvenience Id generate significant
quantities of t and debrisrendering i the Property uninhabitabler
extendedri f ti
'Labor39. and Material l releases ry
forever discharges any and all claims, it ti against the r;
Countythe its officers, employees, agents, consultants; t t r n
suppliersit respect to issues relating to the conformancelabor, materials and
acoustic i till in the ProgramImprovements. t i in this shall
limit the warrantiesfor materialsi i in the contract with the
general contractor.
. Sale of,. Proterty. In the event the Property Owner sells, r
otherwise tran € title the Propertythe completionall phases of the
Program process, t r hereby agrees to provide the buyer with
f this r t prior to the closingn the sale, conveyance or other transfer, and t
transfer all of the Property Owner'sresponsibilities li ti r this
Agreement to the buyer as a conditionf the purchase, conveyance or other transfer f
the Property.
41. Waiver. i r , acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construedr constitute, a waiver of,
acquiescencei , or consentt t r, further or succeeding breachof the r
any other term, covenant or condition hereof.
42. Release f Easement. In the event that this r t is
cancelled or the r i that the t should be releasedfrecord,
Propertythe r, upon writtent by the County, shall pay to the County the
sum f One Hundred Dollarsto covert t the preparationn
recording oft l f Easement documenti public records f Monroe
Florida. n t that it is the Property Owners
responsibility to insure t is made in order t "clear" the titleto the Property.
Owner Noise hwulation Agreement Page 11 of 28
43. Authority to Execute On Behalf Of County. By Resolution . 11
duly motionedn t a lawfullyII tl , the Board of
Countyl i f Monroe County, did, on the 17th day of March 2004, grant full
authority for the ini tr to execute this t on behalfthe
County without further action by the r f County Commissioners.
44. Attachments, Attachments to this r nt include the following,
whichincorporated into this r n reference.
a. Exhibit A: Program Policyt t nt .
b. Exhibit : Legal Description
c. Exhibit : Program Improvements.
d. ExhibitDeficiency I I t
® Exhibit E: Ventilation HoldI nt
45. General Conditions,
a. Governing, Law, Venue, InterpretR Costs, and Fees.
(1) This Agreement shall be governedconstrued I
accordanceit the Laws of the StateFlorida li I contracts to be
performedentirely in the State.
n the event that any cause of action or administrative
proceedingis instituted for the of nt oritrrttl of this r the
Countyr agree that venue will lie in the appropriater before
the appropriatei i t ti in Monroen I ri . .
Countyn r agree that, in the eventf
conflicting interpretations of the terms or a term of this Agreement by or between anyf
them, the issue shall be submittedi ri r to the institution f any other
administrative rlegal proceeding.
Countyr agree thatint t any
cause f action or administrative proceedingis initiated r defended
relative to the enforcementor interpretation of this r , the prevailingshall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an awardagainst the non-prevailing party. Mediationproceedings
initiated tpursuant to this t shall be in accordance withthe
Florida I f Civil Procedure andI and customaryrequired the
circuit court of MonroeCounty.
b. in inq -Effect. The terms, covenants, conditions, and provisionsf
this nt shall bind and inure the benefit of the County and Property Owner
and their respective legal representatives, i .
.. ..............._._...............
.
Propery Owner Noise Insulation r ent Page 12 of 2
,,.,f Ilia . If term,, t, condition provision f 1
Agreement r t application thereof_ to any circumstancen) shall be declared
invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, , conditions and provisionsf this r t shall not be affected
thereby, remaining term, covenant, condition and provisionf this r t
shalllishall be enforceableto the fullest extent permitted by law unlessthe
enforcementf the remaining terms, covenant , conditions and provisionsf this
AgreementId prevent t 11 t of the originalit this Agreement.
Authority.d. Each partyrepresents n r n to the other thatt
execution, lip rmance of this Agreement have been dulyauthorized ll
necessary Countyaction, required I
e. Duration f n . This Agreement shall commence upon the
execution f this t, subsequent to executionthe Property Owner and by
the Countyn ll remain in tfor a periodreasonably requi to effectt
ProgramImprovements t "Term"), except as may be sooner terminated in
accordance with the provisionsf this r nt.
f. Acceptance of GLIfleGrants, Assistance _.Beguests. The
OwnerCounty and Property agree that each shall , n is, r t t for
the €g�-e�It Syg any r I of them, gifts, grants, assistance funds, r bequests to be used
for t of this Agreement.
g. Claims, for agreeState1 . r
t 11 i , r to apply for, seek, and obtainfederal and
stateto further the purposef this Agreement; provided that all applications,
requests, grant proposals, and funding solicit ti the PropertyOwner shall be
approved by the County prior to submission.
h. Adiudication of or Disagreements.
Property Owner agree that all disputes and disagreementsshall be attempted to be
resolved t and conferi representatives of each of the parties.
If the issue orl r till not resolved the satisfactionthe parties, t
shallparty have the right t relief or remedy ri by this
Agreement or by FloridaI
1, Nondiscrimination. The County and Property Owner agree that
there willi ri i i t any person, and it is expresslyunderstood t
upon a determination by a court of comt t jurisdiction that discrimination
occurred, this t automatically terminateswithout any further action
f any party, effective the date of the court order. The County and Property Owner
agreeIy with all Federal and Floridastatutes, ll local ordinances, as
applicable, 1 ing to nondiscrimination. These include r of limited to: tTitle
I of the Civil Rights Act of .L. 88-352) which prohibitsi rl in t1 n on the
basis , color or national origin; (2) Section 504 of the Rehabilitationt of 1973,
U.S.C.as amended (20 . ), which prohibitsi ri in tl the basisfhandicap;
) The Age Discriminationt s . . . 1 1 7), which
.. .........____..�.�.�.�.�.- .. ._.............
Property er Noise l l do a t a 13 of 28
prohibits i rl ire i n on the basisi $ rat
t of 1972 . , as amended, relating to nondiscriminationthe i f
r Comprehensive I i Abuse And Alcoholismr i ,
Treatment and Rehabilitationf 1970 . . , as amended, relatingt
nondiscrimination the basis of alcohol abuse or alcoholism; Public Health
Servicef 1912, as. 523 and 527, U.S.C. , as amended,
relating to confidentialityf alcohol and drug abuse patient ; (7) The Americans
With i illti f 1990 (42 U.S.C. s. 1201 Note), as may be amended from timet
time, relating to nondi ri i tl is of disability, Florida iil Rights
t of t (Chapter 760, Floridatut ti , Florida Statutes), as
may be amended from time to time, relating to i ri i ti ; (9) The Monroe
County Human Rights i (Chapter , Article Villions 13-101 through
-t from timeto time, relating to nond i !nab 1
any other nondiscrimination provi l in any federal or statestatutes r local
ordinancesi apply to the i t , or the subject matterf, this r t.
. Qqqpprptlon. In the event any administrativer legal proceedingi
instituted i t either party relating to the formation, ti , or
breachthis Agreement, the r agree to participate, to the
extent required the other , in all proceedings, hearings, processes, meetings,
and other activities related to the substancei r provision f the
servicesr this t. The Countyr specifically agreethat
no party to this r t shall be requiredto enter into r itr tiproceedings
related to this r t or Addendum to this Agreement.
k. Books, Regards, gnd Documents. The County and Property Owner
shall maintain books, records, and documentsdirectly i to performance under
this r in accordance withgenerally t ting principl
consistently li to this Agreement or their authorized representatives
shall have reasonable timely to such records of each other party to this
Agreement for audit purposes duringthe term of $ r t and for four years
followingf this Agreement.
I. _ Interest. r
covenant that neither tl h -interest, and shall not acquireinterest,
whichl nit in any manner or degree withits performanceunder thi
Agreement, and that only interest f each is to performreceive fitrecited
in this t.
rn. Code of Ethics. he County agrees that the officers
employees of the County recognize ill be required to complyi the standards
conduct relating to publici l delineated in Section . ,
Florida $ t , regarding, but not limited t , solicitation or $ idoing
business withy; unauthorized compensation; misuse of public position,
conflicting I t or contractualrelationship; and disclosurer use of certain
information.
... ...... ........ .... .__.----.................................................... .....
Property ner Noise Insulation a e t Page 14 of`.2
Sol C i tC l nt. The County r r warrant
that, in respect to itself, it has neither employed nor retained any company or person,
otherthan a bona fide working i f r it, to solicit or secure this r
and that it has not paid or agreed to pay any person, company, corporation, individual,
r firm, other than a bona fide C i solely for it, any f , commission,
percentage, gift, or other consideration contingent upon or resulting from the awardr
making of this t. For the breach or violation of thisi i , the Property
Owner agrees that the County shall have the right to terminatei r nt without
liability n p at its discretion, to offset from i , or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public t rshall allow
permit reasonable access to, and inspection f, all documents, papers, letters, or other
materials subject to the provisionsf Chapter11 lorida Statutes, and made or
received by the County and Property Owner in conjunction with this r to and the
County shall have the right unilaterally n l this Agreement upon violationthis
provision by the Owner. Public RecordsCompliance. Property Owner must
comply withFlorida li records laws, including but nof limited r 119, Florida
Statutes and Seti f article I of the ConstitutionFlorida.
Propertyr shall allowpermit reasonable access t , and inspection f, all
documents, records, papers, letters r other " li " materials in its possession
r underit t l subjectt the provisionsf Chapter11 , Florida Statutes,
r received the Countyn r Owner in j n tion with this t t and
related to contract performance. The Countyshall have the right t niftrll I
this contract upon violation ofti ii y the Property Owner. Failure oft
Property Owner to i the terms of this i i n shall be deemed a material
breachthis contractthe Countyy enforce the terms f this i ion in the
form f a court proceedingshall, as a prevailing , be entitledto reimbursement
f all ney's fees and costs associatedit that proceeding. This provisionshall
survivey termination or expiration of the contract.
PropertyThe n r is encouraged to consult with its advisorst
Florida lip Records Law in order to comply with this i i .
Pursuant to . . 119.0701 and the terms iti f this
contract, the PropertyOwner is required t
l) Keep and maintain public records that wouldrequired the
Countyto performthe service.
n receipt from the County'scustodian f records, provide the
County with a copy of the requested records r allow the records to be inspected or
copied withinreasonable time t a cost that not exceed the cost provided in this
chapter or as otherwiseprovided ylaw.
(3) Ensure t public records that are exempt or confidential and
exempt from publici I r requirements ar t disclosed except as
.._........... .._._............. _ ............._ _.....__
e r Noise Insulation Agreement Page 15 o 2
authorizedy law for the duration of the contractterm o following compI ti f the
contract ift r r does nottransfer t to the County.
completion of the ntr t, transfer, ato cost, to
County II public records in possessionof the rOwner or keep and maintain
public r that would be requiredthe Countyto perform the service. If the
Property Owner transfers all public records to the County upon completionof the
contract, the Property Owner shall destroy any duplicatepublic records that are exempt
or confidential and exempt from publicrecords disclosureit
Owner keeps and maintains i rds upon completion oft t , the
OwnerProperty shall meet all applicable requirementsfor retaining publicrecords. All
records stored It ni II t be providedto the County, upon requestfr the
County's custodian of records, in a format that is compatibleit the information
technology t of the
request to inspect or copy publicrecords relating to a County
contract t be made directlyto the County, but if the Countyt possess the
requestedrecords, tCounty shall immediately ti the Property Owner oft
request, and the Propertyr must provide the records to the County or allow the
recordsto be inspected or copied within a reasonabletime.
If the Propertyr has questionsregarding the application of
Chapter 119, Floridatt , to the Property Owner'st to provideAli
relating to this tr t, contact the Custodian of Public Records, Brian Bradley at
.
p. Non-Waiver Immunity, Notwithstanding the provisionsf Sec.
768.28, Florida Statutes, the ii tin of the CountyProperty Owner inthis
Agreement and the acquisitionr i l liability insurance , self-
insurance local government liability insurance I coverage shall not be
waiverdeemed a f immunity the Countyto the extent of liability r , nor shall
any contract entered into the County be requiredto containprovision for waiver.
q. Prlybege and Immunities. All of the privilegesimmunities from
liability; exemptions from laws, ordinances, and rules; pensions relief, i ilit ,
workers' compensation, and other benefits whichI to the activityf officers, ,
volunteers, r employees of the County, when performingit respective functions
under this nt within the territorial limits f the County shall apply to the same
degreent to the performance of such functions ti f such officers,
agents, volunteers, or employees outsidethe territorial limb f the County.
r. Lgaal ObligationsResponsibilffies: Non-Delegati
tit tl I r t tut Duties. Agreement I not intended t , shall it be
0Constitutional
t -'e- —rel—leving anyi I ti tlany obligation or responsibility
imposed upont law exceptt the extent of actual and timely
thereof t r participating entity, in whichthe performanceoffered
in satisfaction oft li tion or responsibility. Further, this Agreement is not intended
t , nor shall it be construed , authorizing the delegation of the constitutional or
statutory f the County, except to the extent permittedthe Floridatit ti ,
_......._ ..._ . _..... ........._........__........................ -------._.. .
P erty Owner Noise Insulation Agr e t 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. Attestations. 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 Liability. 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.
---—-----........................
Prqpe r Noise Imulation Agreement Page 17 of 28
IN WITNESSrod r and the County have
executed this Agreement as of the day and year first above wriften.
WITNESSES: PROPERTY OWNER:
' 'N
Signature
ar„„ t�NN �r �
a
PMtid Name
I
Printed Nerve
Signature ;
Date
......... ..._........ ........... ....... _
_ .... —----
t " PROPERTY OWNER:
a
Signatures , ,
,
�. 4A. ,
e
Printed Nome
FrInted NameOr
s
Mpature
Date} „
drEet Name �.._.,
d°
p' BOARD OF COUNTY COMMISSIONERS: (-
a�
MAYOR 1
Attest, Sylvia J. Murphy
I KLERK
%t l
Oda-
By-
#-s Deputy Clerk Signature
i
Date'
._��..._. _____......._. , _, CIE. ,.. ,�h� ........ j.._............. ........_
.... ..
D
r rNo' eI ltio .ore et �°µ �`'u� e1 o2
Victli-
E .o1,Ty do
§e rL ,a
maw.,.� 0� t,,, r
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation
A. Air Conditioning: Generalr i . While providingI "mink
split system to your condominium as a part of the NoiseInsulation r r
modifications, the following limitations and restriti n ill apply to all ini .
1. All condensing unitswill be installed n the balcony
2. All refrigerant lines (running l i unity will be installed
consistent it li rules, i t [ in i height of 48
inches.
All condensate lines ill be installed on the buildingexterior consistent with KWBTS
Board [[ rulesr the highest level of consistency and building
architectural t i .
4. All interior lines (refrigerant, n pelectilcal)l and Energy Recovery
Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasters which
ill be constructedmatch the qualityexisting 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 NIPexecutive r it t will
review this information wit you at your NIP Designi ire .
5. Only t i I service panelsthat are determinedr to be
deficient will be replacedthe r rt of the NoiseInsulation Pr r
modifications.
B. Window Sill 119- lacernent. Due to the presence of asbestos, the NIPill provide
new custom wood surroundill instead f the existingrsurround. Due
to this revised plan, existing custom sills (marble, granite, ill not be replaced.
This revision will be an improvement, while decreasingconstriction improving
time efficlencles.
BaseboardsC. Custom Crown Moldinq, and f f
The new asbestos abatementrequirements will restrict the ability to remove existing
custom trim prior to constructionoriginally , which will not
allow sufficienttime r the awarded general contractor to secure custom matched
replacement ri . Therefore, existingr I in , wall trim, and base, the
contractor will, instead, cut the existingtrim flush to the face of the new pilaster or
thru wall Infill. At new pilaster locations if the thru wall ac inll abuts the existing
baseboards, the contractor will install ( - ' painted wood trim
abut the existingtrim, rather than attemptingt i tin trim profiles
and materials. After the completionf the NIPconstruction, the property owner will
................ ..... .. ......... ..
Exhibit A -Property ner Noise Imul4lion Agreement Page 19 of 28
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. Door Threshold_Holghts. Due to stringent Florida hurricane impact and water
infiltration building codes, all new aluminum acoustical prime entry swinging door's and
sliding glass 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 Asbes!91 Testing
As required by to and federal requirements, THC conducted asbestos testing on all
participating KWBTS condominiums in 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 / _lcony� building elevations.
Depending on the laboratory analysis of these samples, the presence 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-well" AC units and the Willing 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 V.
F. Asbestos AbatqMAnLRqqg1%Mq!2tg
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
If samples show a_prqsence of AC JM < 1 O/o
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/or sanded.
Exhibit A-Property Owner Noise Insulation Agreement Page 20 of28
If samples show presence of A >1%
The NIP contractor will be required to perform full asbestos abatement procedures as
directed by the Environmental Protection Agency (EPA) to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, closets,
windows1doors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
- 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 constructlon 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 AuthorItX_2L9q99n_PqqWq". The KWBTS Board will have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-Split" AC System Installation Requirements
5. Interior Ductless "Mini-Splif' AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
............
Exhibit.4-Property Owner Noise Insulation Agreement Page 21 of 28
LEGAL DESCRIPTION OF PROPERTY
Exhibit B
To
Homeowner Noise Insulation Agreement
Condominium Unit 315-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to
the Declaration of Condominium thereof, recorded in Official Records Book 589, Page
370, as amended from time to time, of the Public Records of Monroe County, Florida.
............
F—vhibit B-Property Owner Noise Insulation Agreement Page 22 of28
PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the ProgramImprovements developedthe r r to reduce the
interior envit fi of a property by a minimumf fig decibels,
typical r r include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacementl i Acoustical Swinging Primer
Replacementl lnum Acoustical Slidingl tl r
hiet C-Ptopeny Owner NoiseInsulation t Page 23 o 2
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
To
Property Owner Noise Insulation Agreement
. In partial consideration of the compensationto be paidl the
County and the Program fort t to be made to the Property
Ownerdescribed in the Agreement of even date herewith (the "Agreement") between the County
and Property and to whichthis i aundersigned, r and on
I t i theirs
i , personal representatives, a and
assigns f the undersigned, forever releases, remises, discharges, indemnities and
covenants not to sue, institute claimsagainst, or institute i against, the
r any of its a officers, employees, consultants and/or contractors
concerningl claims, i r causes of action of
whatsoever kind and nature on account of bodily injudes or death, damage to the property,
undersignedand the consequences thereof, and any of the foregoing which may accrue to the
r their respective heirs, I representatives, successors and assignsi
connectionitall i tip Deficiencies t "Deficiencies") agaI t said
Countyf its , employees, l r contractors
legally liable.
• The Property Owner understands and assumes full responsibility
Deficiencies pt in the Property, whethervisible to the Program Manager or .
® The Property Owner understands that the include any
deficiencies presenin the Property at the time execution f this t which could
include, t be limited t , code violations, structural damage, water moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and perfor f the ProgramImprovements.
f visible, the Property Ownerug that the r may
identify t Deficienciest any time throughout the Program process
(including deI iconstruction processes). If identified , the
Programill classify the observed Deficiencieseither i r " ".
& The Property Owner assumes full responsibility for the worsening
documentedit Deficiencies.
the rare event
" SS Deficiencies r identified duri n t3 6 design
process, t r agrees to completei the Property, t
the acceptance of the Programr, as a preconditionto the commencement of
construction f the Program Improvements. l the rare event that " r " Deficiencies
are uncovered duringthe constructionperiod, the Property Owner agreestcomplete
hibit D-Property n r Noise.Insulation Agreement P e 24 o
necessary repairs to the Property, to the acceptance of the Program Manager to
minimize any delay or stoppages of r ®
® The undersigned acknowledge and agree that all of the release and hold
harmI ess and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to
property damage, injuries, deaths, or damages arising from 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.
8. The under-signed hereby agree that the terms and provisions of this Exhibit
shaII be binding upon, and it to the benefit of the undersigned and their respective
heirs, personal representatives, successom and assigns.
WITNE-1 P OPERTY OWNER:
S
Lin,
Ignature
%nature
Signature
not J
cii' we Vrfri6ad—Nam
.... Date.....—
............. .............
.......
WITN 6 P .. . .ERTY OWNER: .......
Zrp?
Signature
J
Sipe t u re
.............
Pdrded Name PC�ntNem 13 7,
---a—me '
fi
Signature
Printed Name Date
L J
............
..........
WITNESSES: PROPERTY OWNER:
Signature
Printed Name
Signature
Date
Printed Name
.............
............ ......
Exhibit D-Propeny Owner is Insulation Agreement Page 25 qf28
VENTILATION HOLD HARMLESS AGREEMENT
i
Exhibit E
To
Property Owner Noise Insulation Agreement
. In partial consideration of the compensationto be paidl f the
County and the Program for t r Improvements to be made to the Property
described in Agreement of even datei t nt7 the County
Ownerand Property and to whichthis hi l undersigned, for and on
behalf f t l i l representatives, successors, and
assigns of the undersigned, l i discharges, indemnifies
covenantst to sue, institute cI i ire t, or institute any proceedi i to the
r any of its agents, officers, It r contractors
conceming any and all claims, demands, damages, actionsr causes of action of
whatsoeverinature it injuries r death, damage to the
propertythe consequences thereof, f the foregoing whiaccrue to
undersignedthe r their respective heirs, l representatives, successors
assignsin connectioni li Ventilation Deficienciest "Deficiencies") agaire t
said County or any ofi t , employees, It
legally liable.
2. The Program Improvements include the additionof acoustical
windowsI and infilling of "through-wall" portabl it conditioner units
and the addition f a replacement ductless ' i i- lit it conditioning system.
these modificationsill result in a tighter interior it to the eliminationf
all passive inside l it leakage that was naturally occurri in all openings, the
Programill also include ii f a energy recovery ventilationit which
ill provide an adequateinside f outside air to the condominium
required it i .
Given3. tightened interior-envI n treated i i , the
OwnerProperty agrees to assume full responsibility for the proper operationf the new
Programtless AC system and energy recovery ventilationit to avoidthe
potential for mold and moistureproblems, illduring periods the
condominium is closedi it .
4. Due to FAA eligibilitylimitations, the Programill not be providing
bathroom exhat fan treatments. Since bathroomt r showers are
moisture geneti in the interior l t of a condominium, the Propertyr
agreesfull responsibility for ensuring that allt i
bathroomt fan capableproperly tip t r moisture the exterior
of the building. t should alsot the original KWBTS condominiumsr
constructed i ll wall vent that was designedto allowthe passivef
Exhibit _..._ _ ......_... _ _......
__- _..�......_
it -Property Owner NoiseI l aon Agreement a 2
bathroomi in a central building exhaust shaft. During the Program design
survey process it was discoveredthe KVVBTS buildingslack a solidcentral building
exhaust shaft. Due to thisexisting itr , these original wall vents (if stillpresent)
have the potentialt l for unwanted air, into the
condominium interior. The Propertyr agrees to assume full responsibility for the
sealing i i l wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated.
It is clearlybuilding violation to duct laundry t to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly t
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree t
correct this deficiencyr tip it laundry dryer exhaust in an
alternative mt t meets current building code, at their cost beforethe initiation f
the Program construction . Furthermore, the Propertyr agrees to assume
any and all liability I t to the improper dueling of their laundry dryer exhaust.
Owner6. The Property understands thatt t will not
addressitchen and bathroom ventilationr excessive interior humidity ICI
generatedthe Property Owner withinn interior oftcondominium. The Property
Owner understands and assumes full responsibility for maintenance ofitrir moisture
and humidity levels. r Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worseningi I and/or interior humidity
levels in the Property. In iti , the Property Owner agrees to assume full
responsibility for the maintenanceoperation f the NIPtiro ifi tl r
completionf the Program Improvements.
undersigned7. The iedge and agree that all of the release, hold
harmless indemnity i i set forth in Paragraphf this ExhibitI t
injuries, t r damages sustainedin connectionit r as a result of any and all
interior til deficiencies ' i r the additionf the Program Improvements
including, t not limited t , high hurnicifty, mold, mildew,-and/or lack of proper exhaust
ventilation. The provisionsf this fshall survive the termination or expiration of
the Property Owner NoiseInsulation _ r t.
8. The undersigned herebyr that t terms lip of this
Exhibit ll be bindinginure to the benefit oft i their
respective heirs, personal representatives, successors and assigns.
it S, P OPERTY OWNER:
SIgnature
ignat \
5
Pnnted Name
Printed Name
j ign t re
� R
Pdreted Name Date
�.
Exhibit E-Property Owner Noise Insulation r ent Page 27 o 2
OWNER:WITNESSES: PROPERTY
Signaturez `r'
P ; �
'!.ure
Printed Name t t P 1
Printed Plaa�,e
Signature
Q ,
ate
Printed Name
.......... _.....
_ ....._..............
__....
_...... _......_ _....... _ .__. ._._ . __...._.._ ... ..... _
WITNESSES: PROPERTY OWNER:
Signature
Signature _.
...
Printed Name
Printed Name
8i naW
, w
n Date
Prited Name
_ _.....__. _... .. ...... ... ......._ __ .....
Exhibit E-Property Owner Noise Insulation a nt Page 28oft