09/18/2019 Agreement/Easement-C316 �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
ftDared
Heather
NIP Assistant Pmject Manager
Inc. 1, i i:z 1
of 4
10 Decule Rd., Suits1
Dacu l 1 S o
Filed and Reomded in Official Records
a
InternationalAVIGATION EASEMENT
Key West I
NoiseI i
T I T T is entered into this day of t.)
20 - , by"THOMAS LEE BLACKMAN $ KAREN ANN BLACKMAN", hereinafte referred
to as "the Pmperty Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to as " ."
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("the pe ')
located in Monroe County, Florida, more particularlyescrib follows:
Condominium Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA,
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., i "
B. The BOCC is the ownerand operator of Key WestIntemational Airport("the Airport") and
desiresto make properties that, through interior noise exposure testing, are determined
incompatible as a result of their exposure i noise compatible for residential
purposes through the implementation of a NoiseInsulation Program (" I ").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the PropertyOwner's necessary to reduce
interior noise levels at least 5 dB and to bring the average interior noise level below
dB in accordancei e I Aviation Administration policy. Granting of an Avigation
Easement (" t") is a BOCC condition of participation in the NIP. The Easement
ill supersede any implied or prescdptive easementsthat the BOCC may have obtained
under applicable laws.
D. The funding u r said NIP will include funding United StatesGovernment
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the-BOCC, acting in its capacity as the owner and operator of the Airport.
E. The Property Owner desires to participate in the NIP and has entered into a Property
Owner Noise Insulation Agreement with the BOCC. The BOCC'simplementation of the
Key West I rrternaflonal Ai rt NIP—Avigadon Easement(UnIt 318) Page 7 of
NIP il! benefit the Property Owner and the Property by providingi i I sound
attenuation construction on all eligible residential structures on the property necessary
o achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior noise level l 5 dB in accordancewith Federal Aviation Administration
policy.
F. The Property Owner fully understands'that the NIPeligibility l change at some future
time, is currently based on the 2013 Existing ConditionNoise
accepted by the I Aviation Administration ("t ") on December 19, 2013.
G. The NIPill be administeredin accordance withthe current r 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigationterms as hereinafter set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the I ,the receiptc f which is herebyacknowledged y both
parties, and in consideration and incorporation into this Avigation t of the recitals
t forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalfthe Propertyr and its heirs, assignsn Il
successors in interest, in, sell and conveyo the BOCC, its
successors and sins, a perpetual avigation easement over the property. The use
of the Easement shall include right to generatei noise and to cause other
effects s may be associatedwith hoperation i over or in.the vicinity of the
property. This Easement shall apply to all such aircraft activitythe Airport, present or
future, in whatever form or type, duringr from the Airport, andit being
the intent of the partiesh II such Airport activity shall be deemed to be included
'thin the purviewthis Easement.
2. This Easementshall be perpetual in natureshall bind and run with the title the
property II run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
Owner3. The Property on behalfr, its heirs, assigns successors
in interest, does hereby releasethe n n II related parties
icl i ng but not limited o i nts
,
ploy s and lessees, y and all claims, demands, damages, debts, liabilities,
attorney's fees or causes of action of every kind or natum for which the Property
Owner or its heirs, assigns, or successors currently have, have in the pasts s ,
r will in thet ass , as a resulti io r aircraft activitiesn
noise levels reI or generated by Airportactivity, or may hereafter have as a result
of use of this Easement, including not limited to damage to the above-mentioned
property r contiguous property due to noise, and other effects of the operationof the
Airport.or of aircraft landing r taking off at the Airport.
Key West International Airport NIP—AvI®ation Ease (Unit 16) Page 2 of
4. This Easement expresslyexcludes nd reserves to the Property Owner and to the
OwnersProperty i assigns and successorsin interest, claims, demands,
debts, liabilities, costs, es' or expert's fee, or causes of action for
physical damage or personal injury i r part of any aircraftusing
the Easement that does identifiable physis I damage to the property or injury to a person
on the property by cominginto direct physical contact withthe property or the person on
the property.
Should5. either party hereto or any of their successors r assigns in interest tin
counsel to enforceof the provisions herein or protect its interest in any matter
arising under this Agreement, or to recover damages by reason of anyII
any vision of this Agreement, the prevailingparty shall be entitledto all costs,
damages and expenses incurred including, t not limited costs
incurred in connection therewith, including ll ion.
vision of this Agreement is to be interpreted for or against any party becausethat
party r that partys.legal representative draftedsuch provision. This Agreement shall be
interpreted and construedi to the laws of the State of Florida.
7. o breach of any provision of this waived unless in writing. Waiver of
y one breachy provision of this Agreement shall not be deemed to be a waiver
of any other breach of the same oranyr provision of this Agreement. This Agreement
may be amended only by writteninstrument executedparties in interest at the
time of the modification. In the event that any oner more covenant, condition r
provision contained i is heldinvalid, i t illegal by any court of competent
jurisdiction, the some shall be deemed severablethe remainder iAgreement
and shall in no way impair r invalidate any ot r provision hereof so long as the
remaining visions do not materially alter the rights n obligations of th. parties. if
such condition, covenantr other provision shall be deemedinvalid to this scope or
breadth, such covenant, condition or other provision shall be deemed valid the extent
of the scopeor breadth permittedlaw.
8. In the event the Airportshall be subdivided into more than one parcel, or the Airportr
portion thereof becomes subject to operation, management or administration
in addition to or in lieu f the BOCC, then in that event the partiesthat same
shall not terminate or otherwise affectthis a e t so long as a portion of the Airport
continues to operate for standard airporti that any such successor
in interest to the BOCC shall be entitledII of the benefitsi to the BOC'C
hereunder.
Owner9. The Property agrees that the y Owner shall bear and be responsiblefor
II costs of maintainingtin ion materials and equipment
installed in the a by or on behalf of the BOCC.
�-
Key
t InterrmtIonal Airport NIP—AvIgation Easement(Unk 316) Page 3 of
This Easement Agreement is executedi ri .
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STATE OF
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foregoing instrument was acknoWer before r me this day of jc'
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Nglary Public Signature F _ f
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
MAYOR 9a>
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STATE OF FLORIDA
COUNTY
The f i i frumen � _edged f r m this _ -
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
COUNTYWTORNEY
rr I P'I /�
Key Wast Intemalonal Airport NIP—Avigation Easement nk 1 r p
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Name(s): .Blackman .
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY T INTERNATIONAL AIRPORT, MONROE COUNTY
THIS I INSULATION T (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corponation organized and existing under the laws of the State of Florida (the "Count'),
and the undersigned (the "Property Owner).
).
1 T N E S S E T H:
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularlydescribed on Exhibit B attached hereto (the "Property"); and
the County is the owner and operator of the Key West
International Airport (t "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the ; and
the County desires to obtain and preserve fbr the use and
benefit of the public a right of free and unobstructed flight for aircraft landing upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Program") and, as part of the
the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularlydescribed on Exhibit Q attached
hereto (the 013rogram Improvements"); said Improvements to be-paid for by the
County t no cost to the Property Owner and in exchange for the granting to the County
f an avigation easement over, across and through the Property; and
WHEREAS, the County ill enter into a construction contract witha
general contractor (the "Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managedthe consultant team consistingof
team manager and assistant manager, architect, mechanical / electrical engineer,
acoustician and construction manager selected by the County(the "Program Manager");
and
the Property Owner and the County mutuallydesire 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;
THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
__._......_®.. ----� ..,.. _.
er Noise-rnsulalion Agreement PW I eft
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. T. _Grant nt. Simultaneously withthe execution of this
Agreement, the Property 0 er executed and delivered to the County an avigation
easement (t ") which Easement has been recorded in the public records
of Monroe , Florida. The Easement remains in full force and effecti
hereby ratifiedin all respects.
2. Program Policy Statements. Consistent with the Program and/or
Federal Aviation AdministrationAirport Improvement licies and procedures,
the Program Manager has developed a series f Program Policytooutlining
construction and eligibility tri ions. The Property Owner understands that
scribed Program Improvements will be consistent with the Program Policy
Statements vi to the PropertyOwner by the Program Manager. A copy of the
Program Policy Statements is attached hereto as Exhibit A.
3. _ ent of I p p ve n . TheCounty es to y r
the i v t scribed in Fkhibit Q attachedhereto. The Program
Improvements will be approvedby the Property Owner and County, managedthe
Manager,Program and performed by the Contractor.
4. Impeding tiive Bid Process. The Property Owner shall not
impede r interfere withthe or's ability to selectn approved product
manufacturerssubcontractors in the preparation f bid submittals. To insure
competitive bid environment, the Property Owner is prohibitedhaving
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
f the Countyin its sole discretion, sult in disqualification
cancellation of this Agreement.
5. Construction Contract. The County will award the contractr the
Program Improvements coni nt with Federal and County competitivebidding policies
and procedures. The contractwill require the Contractor to completethe Program
Improvements within a time period defined by the Program Manager.
o - nt ion eiiliti . The Property Owner shall
et all responsibilities andrequirements pertaining to both pre-construction and post-
construction:
a. rior to the start of NIP construction, the Property Owner shall meet
II Pre-Construction requirements to include:
(1) Removing 'all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.)from their condominium-,
( ) Moving of all furniture belongings into the aDesignated
Storage u within the condominium, vii the required "clear " (white
Owner Noise Insulation AMemet Page
space in sketch) fbr th& Contractor. When doing so, the Property Owner will have the
ability to utilize the complete Toor to ceiling" space.
(3) Removing of all excessive furniture and belongings from the
condominium that will not fit in the "Designated Storage Space Area",
(4) Removing all window and door treatments (such as blinds,
drapes, planiadon shutters, etc.) and storing them in the "Designated Storage Space
Area";
(5) Removing all electronic and dust-sensitive it from their
condominium or wrapping with protective poly be1bre storing them in the UDesignated
Storage Space Area";
(6) Removing all wall hangings (such as mirrors, PICK11es, hanging
shelves, etc.) and storing thern in the "Designated Storage Space Area";
(7) Moving all small it and belongings into either the closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongifigs stored in the
"Designated Storage Space Areas" back to their original positions in the condominium:
the condominium; (2) Moving of any excessive furniture and int belongings back o
(3) Re-installation of all wall treatments, door treatments and
If hangings back to their original positions in the condominium.
c. In the event the Property Owner falls to perform any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removed fmm NIP
participation and the Property Owner shall be liable to the County and/or Contractor 1br
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Property Owner falls to perform any and all of the
above Post-Construction responsibilities, the Property Owner shall be liable to the
County and/or Contractor fbr any and all resulting damages and all direct and indirect
costs related thereto.
7. ImP,edlntL �Q,qMtruct1on. Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or It
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the construction of the Program
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
Peopeny Owner Noise Imulation Agreement Page 3 of 28
alters the t I I , the Property Owner shall be liable the Contractor
and the County r any damages and all direct and indirect I thereto.
8. Safe i . Environment. The Property Owner shall be responsible
for providing a safeI i t for the Program r, Conti-actor,
subcontractors, liCity, t te and federal ins
a. Throughout all phases of design and t tl the
Improvements, the r shall be responsibler.
1 Providing r i environment that is free from potential
health risks, b1ohazardconditions, obstacles, weapons
I r explosives;
Refraining I abuse or profanity;
Refraining from aggressiveh l Icontact; n
Insuring that all pets arel t l I
b. In the event the Property Owner falls t any of the I
conditions, the may, at the County' i tl temporarily
suspended t any time.. In such event, the r shall notify the Property
Owner in writing, stating the correctiveIons rcondition(s) required
completed r performed by the Property Winer prior to the CountyI the
process.Program
c. In the t the Prograrnis not resumed due to the
OwnersProperty failure to completethe correctiveIn(s) and/orcondition(s)
required the r, the r shall be liable to the County
and/or Contractor for any and all damages and all direct and indirect related
thereto.
® If the Program process is resumed, the Property Owner shall be
liable to t r Contractor for any and all damages and all direct and indirect
oosts related to or caused by"the temporary suspensionof the
9. Construction W ' the n t l ' , the Contractor
may experience complications latl to the installation the Program
Improvements. The construction contract shall provide that delays relatedto these
unforeseenll lons are beyond the control of the t rnd shall be excused
so that the time for completion may reasonablyConstruction h l
may also be revisedIf there is a delayin awardingf the contract or if the r
Improvements to be re-bld in the t of lack f bidding contractorsand/or failure
f the lowest responsive, responsiblebidder to executethe contract, provide a payment
and performance bond r show proof of required insurance.
10. Changes to S9N ,of Work. The Program Manager reserves the right
to make changes to the I specifications the Program Improvements, t its
....... _ ................_..... � - . _ ........
NoiseFwpeny Owner Inmiation Agrement Pap
..p 4 f2
sole discretion, at any timeurin the Program process, providedsuch changes do not
reduce the scope or quality of the Program Improvements desri in Exhibit
such changes are necessitatedh i very of hidden conditionsnot readily
detectable urin I property inspection procedures.
11. c ncWork. Upon completion of the Program Improvements,
the Program Manager shall inspect r cause the inspection of the
Improvements to i if they l pursuant to the terms of the
contract. The Program Manager retains sole discretionn ri on program
conformance performance issues as they relate to theContractor, subcontractors,
suppliers n is designs. The Property Owner is requestedto attend the
Substantial 1 do Inspection and provideinput to the Construction Manager with
respect to the identified punc -li items. In addition, the PropertyOwner is welcome
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial I i Final Inspections, they releasen r their ability
provide input to the Construction Manager With respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformancer performance issue, the
OwnerProperty shall be requiredto submit the discrepancy in writingoCounty
(representative the NIPconstruction s) within 7 days of the
inspection giving rise isc nCounty II then make
detennination as to the acceptabilitythe conformance/performance issue and any
remedial action that may need to be taken. MonroeCounty II be the final arbiter of
any conformance/perfbrmance/issues. Failure by theOwner to submit the
written complaint i in the time period specifiedv II thereafter foreclose
rightProperty Owners to file suchcomplaint.
. Termination of Agreement. The Property Owner understands that
the signingthis Agreement initiates h the BIDI f
the Program Improvements to be performed in accordancei the Program.
Therefore, if the Owner attempts to terminate this Agreement or otherwise
impedes the progress of the perlbrmanceof the Program Improvements after the award
of the construction contract, the Property Owner will be liable nt r any and
II damages and all direct andindirect costs caused thereby.
13. Warranties. The Countya not represent or warrant the level of
noise reduction that the Property Owner will experience within the l
of the Program Improvements performed as part of the Program.
a. The County s that its contract withContractor V4111 include
standard one (1) year warranties from the Contractor for all materials andworkmanship.
Such one-year warranty periodII commence as of the time h
work s provided for in Paragraph 9.
b. t the end of construction, the Program Manager will provide the
OwnerProperty with a WarrantyFinal Closeout Package whichill contain copies
the warranty policies, instructions, design documents andlegal documents. As
condition receiving the Warranty & Final Closeout Package, the Property Owner
-Owner Noise 1' l e 2.....
e
must first submit I ted NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements r among productmanufacturers. In the eventclaim, the
OwnerProperty is solelyresponsible r pursuing all future product warranty issues
directly with each productr.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly t
coordinate any requi r service to look solely to the general
contractor r the product manufacturer for fulfillment of all warranties and for resolution
of II product or construction warranty issu ( ):
(1) The Property Owners inquiry is not directly related to either
construction warranties or pmduct warranties (such as windowcleaning or product
maintenance) regardless of whether the Property Owner's inquiry riduring the one-
year warranty period from theContractor or thereafter;
( ) The Property Owner believes that warrantyi i
requiredi o construction warranty issues, the one-year warranty period
from the general contractor has expired;
( ) The Property Owner believes that serviceis required with
respect to product warranty issues, the advertisedperiod r the product
not expired, and the manufacturer is currently i its business; and
( ) The Property Owner believes that service is requiredwith
respectto product warrantyissues, advertised rperiod r the product
has expired.
1 . Pro-Existing. r will be required
sin Exhibff D (Deficiency of is t) which will impute II
responsibility anliability to the Propertyr for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
16. Pro-Work Reguirements. The Property Owner will be required
to complete any and all Pre-Work, as requiredthe NIPsuccessfully accommodate
the NIP is modifications. Th _ e Owner will be rea,ul , l II
is - it utilizing to it o funds der _ qui deadlines
established by I . In the event the Propertyr falls to complete
designated - s by the established I lin , the Property Owner shall
be removed from NIPparticipation and the Property Owner shall be liable to the County
and/or Contractor for any and all resulting damages and all direct andindirect is
related thereto.
16. Cityof Kev West "Hard-Wired" Smoke AI ui nt. In
compliance it the City of Key West FireII and the Citye a Building
Departmentn i n permit issuance requirements, the Property Owner will be
requiredto install 1 - I "hard-wired" I s in their condominium i
.:::. _ _.__ -------- _._ _..
Ptopeny Owner Noise Insulation a e t Page 6 of 2
accordance with all applicable codes and regulations by the requireddeadline
established by the NIP. The PMperty _Owner will be... sj)oible to ensure that the
smoke alarms are not installed in within t condominium I
m ... .. ..aa ���� d� .������ ...�........... . ....u..
modification r .,, ill occur t viDotential Impedanceto the NIPion,
. , In the eventthe Property Owner falls to i all the designated "hard-wired"
smoke alarms by the established NIPdeadline, the Property Owner shall be removed
from NIPparticipation.
17. Suspension of Proq,ramy be
temporarily suspended i the design and/or construction phases upon
the discovery f Deficiencies due to their potential impact on the
Improvements an u warranties. The Program process will not resume until the
OwnerProperty has correctedII related problems o the satisfaction of the Program
Manager. In the event repairs are not completed in a timelymanner, the Property
Owner will be liable the Countyfor any and all damages and all direct and indirect
delaycosts due to and/or stoppages of the .
1 . Limitation on Alterations to the PropA rt . The Piroperty Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to theexisting i , doors and/or walls from the time o
the Designprocess until the construction of the Program Improvements have been
completed. Exceptionsto this rule mustpre-approved in writing by the Program
Manager. Failure to adhere to this requirement may, at the optionf the Program
Manager in its solediscretion, result in an immediate suspension of the construction of
the Program Improvements aOwner Will be liable
Countyfor all direct and indirect cos associated withunapproved I tion
damages related h .
19. Pre and Post-Construction Noise Testing Process. Pre- & post-
construction noise in is a very important Program pmcess that is designed
measuren determine h l achieved noise level reduction level at treated
properties. If selectedr for - & post-construction noise
testing, the Property Owner agrees to provides to their property fbr testing
agrees to not to make alterations to the interior of their p (with the exception of
repairs of Deficiencies) from the time oft pre-construction noise test to the pos -
construction noise t., In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserve the interior layout of furniture, r covedngs
and window treatments from the time t - t ion not to t -
r ion noise test.. The Property Owner understands that the failureh t
this requirement may resultin corruptionthe noise testing , the
Propertyner understands they may be liable to the Countyfor any directindirect
noise in in the event these requirementsnot met.
20. Pggperation. As reasonably , the Property Owner shall
cooperate with the Contractor, the Programr and Monroe County in the
performance of II phases of the Program Improvements including, u not limited t ,
the removal and reinstallationwall hangings and fumit s
OwnerPropav o' Insulation t Page 7 of 28
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. Pq§:1jgn and Bid _ c scheduled i for upon
not less than -four ( ) hours advance i (We NIP1! andlor letter), the
OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, u to and federal inspectors and consultantsaccess
Property to collect and developII final design and bid documents. These visits could
include, t not be limited t , property survey, design , hazardous material
inspection, -noise testing npre-bidvisit. In the eventProperty Owner falls t
provide s to the Property for all required NIPi i s visits, the
Owner shall be removed from NIPparticipation.
23. Pre-Construction c n r agrees to provide
access to the Property forty-eight ( ) hours prior to the scheduled start of NIP
construction. This short visit ill provide the Program Manager with the abilityto ensure
that the Property Owner has met all fumiture storage responsibilities. it l
result in the suspension of the scheduled I construction and the Property Owner shall
e liable o tand/or Contractor for any and all resulting damages and all direct
and indirect I to thereto.
24. Pre and t Construction Access. At scheduled times and/or
upon not less than twenty-four ( ) hours v ti (via NIPemail andlor letter)
and r the establishedI n ion schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State ande r I inspectors and consultantss the Propertyprovide
II required NIPPre-Construction and Post-Construction visits. These visits could
include, t not be limited to final measurement, pre-construction inspections, review'
Designated qui ion inspections post-
construction noise testing. In the event the r falls to provide access for all
required I os Construction visits, the Property Owner shall be removed
from NIP participationn the Property Owner shall be liable the Countyfor
Contractor for any and all resulting damages and all direct andindirect I
thereto.
25. Construction Period Access. Upon award of NIPconstruction
contract, the Contractor will provide the Program Manager with their final construction
schedule, hic ill include the requiredr of calendar I t I
construction in eacha ici tin iniu this schedule, the
ManagerProgram will assign each Property Owner with a designatednumber o
calendar days in whichconstruction will occur in their condominium. The Property
Owner agrees to relocatetheir condominium for the entire sin i period. I
addition, the Property Owner agrees not t re-enter their property for any reason dudng
their assigned construction period duee ncerns and the potential to negatively
impact the Contractor. In the eventthe Property Owner fails to provide access for their
assignednru ion time period, the r shall be removedI
Noise Insulation Agreementa of 28
participation and the PrDperty Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
26. Construction Period Extension Due to Hurricanes. Since the NIP
construction period will extend Into the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the contrx)l of the Contractor, in the event
of a threat of an approaching hurricane arid/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 hunicane threat or everTt at no cost to the County, Contractor and/or
Program Manager. In the event the Property Owier falls to provide the required
additional access to their condominium due to hurricane-related work stoppages, the
Property Owner shall be removed from NIP participation and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting darnages and all direct
and indirect costs related thereto.
27. Discovepl of Pre-Existing Deficiencies During Construction. In the
event the Contractor discovers pre-existing deficiencies at the Property during the NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately repair and remedlate 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 perlod may need to be extended, at no fault of the Program
Manager or Contractor.
28. Im- act of Unforeseen KWBTS Bulldlnq 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
scheduI ed 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.
29. Existing Window / Door, Tregjtmentg, Shades and Blinds, The
Property Owner understands that, after the installation of new NIP acoustic window and
doors, the existing window and/or, door treatments, shades and blinds may not be
compatible nor able to be re-Installed due to size differences between the new and
existing windows arid doors.
30. Existing Crown MoLdW. During the installation of the new
acoustic windows and doors, the NIP will be providing new ustandard" replacement
interior tdm 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 V'II
have the ability to make modifications to the NIP interior trim at their own expense.
__..................................................................... ---------
Pmpeny Owner Noise imulation Agreement Page 9 of 28
31, Communication Requirements. The Property Ownera s t
read and review all NIP emalls and/or letters in a timely fashion which are bin
provided the NIP to ensureschedule conformance. In the event the Property Owner
falls to meet this requirement, it could resultin removal from NIPparticipation.
. Title uuaExamination. The Program Manager has obtained or will
obtain, at its sole cost and expense, an "Abstract of Title" to ensurethat the Property
title is free from liens and/or title defects.
. Cooperation in ieng Title. Prior to the commencement o
construction of the Program Improvements, the Propertyr shall cooperate with the
County in order to (i) correct anytitle defects affecting the Property which are disclosed
byte "Abstract of Title" and in the soleto in in of the County a t
invalidate the Easement, and (ii) secure the written consent of anyand all mortgage
holders to the Property Ownersconveyance the Easement to the Countyif the
County determines that it is necessaryr desirable t (collectively, the "Title
Matters"). If, pdor to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affectingthe Property
may invalidate the Easement, this Agreement shall be null and void, the
shall be terminated.
. Federal_ Assurance. As requiredthe Federal Aviation
Administration, the PropertyOwner agrees to the following visions:
a. The Property Owner shall subject the construction work on the
project to such inspection and approval duflng the construction of the
Improvements an er completion of the Program Improvements as ma sons l
requestedbe 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 the items
installed, s r constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibilityr maintenance and operation
these items.
35. Reduction of Fresh Air Infiltration. The Property Owner will be
requiredsin Exhibit it do of I Agreement) which i II
responsibility the Property
_ Owner for the proper maintenance of interior moisture and
humidity levels.
36. Salvaget ri l ,dui. t. If the Property Owner desires
retainto any of the material or equipmerTt removedthe s a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials i t directly withthe Contractor at the Property Owners sole risk
and expense. County responsibility r the conditionthe trial,
equipment or surrounding surfaces as a result of the owner-requested saIv . The
Propertyr and the Contractor shall, pdor to the commencement of construction,
agree upon and executedocument listing items to be selvaged. In theabsence
®m ...... _ ..-
Propen'y Omer Noise Insulation Agrement Page 10 of 28
of such a wriften agreement, all items shall become the property of the Contractor.
Materials i not listed forsalvage r shall become the
property of the Contractor.
. Property Insurance. Duringion period, the
Contractor will provide builders risk insurance for the Property. The Property Owner
shall have the option, at the Property Ownerssole cost and expense, to maintain
homeowners insurance lic for the duration of the construction of the Program
Improvements. h r understands that, following final completion, the
Contractor's builders risk insurance ill cease, and it is advisable for the Property
Owner to obtain insurance to cover any value to the Property by the Program.
. Timing and Effects of Construction. The Property Owner
understandsthat there is a chance that construction ! ay exceedthe ors
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and coul i nifr n
quantities f dust and debrisrendering i ni i t r
extended periods time.
39. Labor and Material Release. The Property Owner releases and
forever discharges anyII claims, is and actions against the Program Manager;
the Countyits officers, employees, consultants; and contractorsn
suppliers ith respect to issues relating to the conformance of labor, materials and
acoustic sin till in the Program Improvements. hi in this paragraph shall
limit the warranties for materials andworkmanship in in the contract withthe
general contractor.
40. Sale of Prop rtv. In the event the PropertyOwner sells, convoys r
otherwise n title to the Propertythe completion II phases
process,Program the Propertyr hereby agrees to provide the buyer with
f this prior to theclosing sale, v r other transfer, and t
transfer all of the Property Owneesonsi iliti s and obligations under this
Agreement o the buyer as a condition the purchase, conveyance or other transfer of
the Property.
1. ,Waiver. waiveracquiescencein, r consent ybreach
any term, covenant or ition hereofII be construeds, or constitute, a waiver of,
acquiescence i , or consent to any other, further or succeeding h of the same or
any other term, covenant or condition hereof.
. 'Releaseof Easement. In theevent this Agreement is
cancelled r the County determines that the Easement should be releasedf record,
the Property Owner, upon writtenq h out , shall pay to the Countyh
sum of OneDollars ( 1 ) to cover the costs of the preparation
recordingf the Releasedocument in the public
County, Florida. ner understands that it is the Property Owners
responsibility to insure such payment is made in order "clear' the title to the Property.
_....—__.. ....... a_ ...........
NoiseIadon Agmement Page 11 of 28
43. Aythqdly to ExecuteI ount - By Resolution No. 111-
2004, duly motioned and passedt a lawfully nn public meeting, the Board of
County Commissioners o , did, on the 17th day of March 2004, grant full
authodty for the CountyAdministrator to executethis Agreement on behalfthe
County without further action by the Board of Countyi sio .
44. Attachments. Attachments to this Agreement include the llo in ,
which are incorporated into this Agreement by reference.
a. ExhibitPolicy t t t .
b. Exhibit : Legal Description
c. Exhibit : Program Improvements.
d. Exhibit : Deficiency ofHarmless Agreement
e. Exhibit : Ventilation HoldHarmless
General45. Conditions.
a. governing, Law, Venue, Interoretation, Costs, and Fees.
(1) This Agreement shall be governedy and construedi
accordanceith the Laws of the StateFloridap li I to contracts n e
performed entirely in the State.
( ) In the event that any cause of action or administrative
proceeding is instituted r the enforcementr interpretation f this , the
County and Property Owner agree that venue ill lie in the rite court or before
the appmpflate administrativein Monme County, Florida.
( ) The Countyr agree that, in the eventf
conflicting interpretations of the r a term of this Agreement by or between any of
them, the issue shall be submitted to mediation p(jor to theinstitution of any other
administrative r legal proceeding.
( ) The Countyp n r agree that in the eventn
cause of action or administrative pmoesdingis initiated r defended by any party
relative the enforcement or interpretation of this Agreement, the prevailingII
be entitled to reasonableattorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Medi in proceedings
initiated this Agreement shall be in accordance withthe
FloridalCivil Procedure and usual and customary procedures requiredby the
circuit of Monroe County.
. Winding Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the CountyOwner
and their respective legal representatives, successors, and assigns.
........ ......._.....----
Owner Noise Insulation Agreement Page 12 of2
c. Severabilit , If any term, v n t, condition or provision of this
Agreement ( r the application thereofcircumstance r ) shall be declared
invalid or unenforceable to any extentt jurisdiction, the remaining
covenants, conditions and provisions of this Agreement shall not be affected
thereby; and eachremaining term, covenant, condition vision of this Agreement
shall b valid ll be enforceablethe fullest extent permitted by law unlessthe
enforcement of the remainingterms, covenants, conditions and provisions of this
wouldAgreement vent the c lish t of the original intent this Agreement.
d. Author!t . Each party representsn the other that the
execution, delivery and performance of thisv n duly authorized y all
necessary County p r action, as maye required by law.
e. Duration of.Aareement. This Agreement shall commence upon the
execution this Agreement, subsequent to execution by the Property Owner and by
the County andshall remain In r a periodreasonably i the
Program Improvements (the "Term"), except as may be sooner terminated i
accordance withthe provisions of thiset.
. c _ of Gift,. 'Grants. 'Assistance Funds, or Beguests. The
County r agree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
r the purposesthis Agreement.
g. Claims for Federal or State Aid. The Countyn r
agree that it be, and i , empowered to apply for, seek, and obtainfederal and
state funds to further the purposethisall applications,
requests, grant proposals, and funding olii tins by the Property Owner shall be
approvedy the County prior to submission.
. Adludication of Disgutesor Disa reements. The County
Property Owner agree that all disputes and disagreementsshall be attempted
resolved confer sessions en representatives of each the parties.
If the issue r issues are still not resolved to the satisfaction of the parties, then any
party shall have the right such relief or remedy as may be provided i
Agreement or by FloridaI
!. Non i s Mation., The Countyn n r agree that
there will be no discrimination againstn, and it is expressly understood t
upon a determinationjurisdiction that discrimination has
occurred, this Agreement automatically terminateswithout any further action an the part
of any party, effectivethe date of the court order. The Countyy Owner
agree to complyit II Federal and Floridatut n II local ordinances, as
applicable, I tin non i cry m!nation. These include but are not limited : (1) Title
I of the Civil Rights Act of 1 ( .L. -3 ) which prohibits di cri i do the
basisfor or national origin; { } Section 504 of the Rehabilitation1973,
as amended ( ), which prohibits discrimination on the basisof handicap;
( ) The Age Discriminationof 1 (42 U.S.C. s . 1 1- 1 ), which
Noiseimulation Agmemente 13 of 28
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-255), as amended, relating to nondiscriminabon on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act o,f 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,
relating to condidentiality of alcohol and drug abuse patient re-cords; (7) The Americans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination; (9) The Monroe
County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through
13-130), as may be amended from time to time, relating to nondiscrimination; and (10)
any other nondiscrimination provisions in any federal or state statutes or local
ordinances which may apply to the parties to, or the subject matter of, this Agreement,
j. Ppop,,oration. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Agreement, the County and Property Owner agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or, provisi the
services under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books Records. and Documents., The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
Agreement for audit purposes during the term of the Agreement and fbr fbur years
following the termination of this Agreement.
I. Covenant of No Interest. The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree Wth its performance under this
Agreement, and that only inn of each is to perform and receive benefits as recited
in this Agreement.
m. Code of Ethics. The County agrees that the officers and
employees of the County recognize and will be required to comply with the standards of
conduct relating to public officers and employees as delineated in Section 112,313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing
busI ness with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
................................ ...........
PropeHy Owner Noise Imuladon Agmement Page 14 of 28
Sol lcitation/Payment. The County and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any company or person,
other than a bona fide employee woricing solely for it, to solicit or secure this Agreement
and that it ties not paid or agreed to pay any person, oompany, corporation, individual,
or firm, other, than a bona fide employee working solely Ibr it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
makIre g of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
compI y with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24, of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
r® under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property. Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attomey's fees and costs associated with that proceeding. This provision shall
survI ve any termination or expiration o,f t tract.
The Property Owner is encouraged to consult Wth its advisors about
Florida Public Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this
contract, the Property Owner is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
11.......... ................
Prop"Owner Noise Inniation Agmement Page 15 of 28
authodzed by law for the duration of the contract term and following pletion of the
contract if the Propertyr does not transfer the records to the County.
( ) Upon completion of the contract, transfer, at no cost, to the
County all public records in possessionf the PropertyOwner or keep and maintain
public records that would be requiredthe Countyto perform the service. If the
Property Owner transfers all public records to the Countyo ! ti f the
contract, the Property Owner shall destroy any duplicate public records that are exempt
r confidential and exempt from public records disclosureu! men . If the Property
Owner keeps and maintains public records upon completion of thecontract, the
OwnerProperty shall meet all applicable requirementsr retaining public records. All
records stored electronicallymust be providedto theCounty, upon requestthe
County's custodian f records, in a format that is compatible ith the information
technology the County.
(5) A request to inspect r copy public records relatingCounty
contractut be made directly to the County, t if the of does not possess
requested , the t II immediately noti theOwner of the
quest, and the Propertyr must provide the records to the County or allow the
records to be inspected r copied within a reasonabletime.
If the Property Owner has questions regarding the application of
Chapter 119, FloridaStatutes, to the Property Owner's duty to provide public records
relating to this contract, contactthe Custodian of Public Records, BrIan Bradleyt ( )
292-3470.
p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec.
, Florida Statutes, the participation of the County and Property Owner in this
Agreement 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 Countythe extent of liability coverage, nor shall
any contract enteredinto by the County i to contain any provision for waiver.
q. Privilege and Immunities. All of the privileges and immunities from
liability; exemptions from laws, Inances, andrules; and pensionsand relief, disability,
workers' compensation, other benefits which apply to the activity of officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement withinthe territorial limits of the shall apply to the same
extentdegree and to thea such functions and duties such officers,
volunteers, or employees outside the territorial limits of the County.
r. Legal QtHggQqn§ &nd Responsibilities, o - el _ration of
Constitutional or S Duties., This Agreement it not intended t , nor shall it be
construed relieving rtici tinentity from any obligation r responsibility
imposed upon the entity by law except to the extent of actual and timely
thereof by anyother participating entity, in whichthe c offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
, nor shall it be construed as, authorizingthe delegation of the constitutional or
statutory duties of the County, except to the extent permitted the Florida constitution,
Noiset 'o t Page 16 of 2
state statutes, , and, specfficafly, the provisionsof Chapters
Floridat tuut m
Non-Reliances. - i n or entitylentitled
to rely upon the terms, or mom t them, otitAgreement to enforcer attempt to
enforce n therd-party claim or entitiement to or benefit of any service or program
contemplated hereerg and the CountyOwner agree that neither the
County nor Property Owner or any agent, officer,r, r employee of each shall have the
authority to inform, counsel, or otherwise indicate that any particular individual r group
of individuals, entity r entities, have entitiementsr benefits under this Agreement
separatenapart, im t rm r t , or superior to the r m m ni in general or for the
purposest m pl t in this Agreement.
t. Attestations. The Propertyr agrees to executesuch
documents the County may nably require in the m of the ti tt
an ties of the Countyr Property Owner under this mr met®
u. No Personal Liability, No covenant �or agreement contained herein
shall be deemedto be a covenant or agreement of anymember, mcer, agent or
employee t Monroe Countyin his or her individual capacity, member,r, m rm
agent or employee of Monroeshall be liable Its on this r r be
subject to anyl liability r accountability by reasonf the execution of the
Agreement.
. Execution m t ,. rt�,. This met may in
mrm number r of counterparts, t-which shall regarded as an original, all of which
taken together ll constitute oneand the same instrument m m of the parties
heretocut this nt by signingcounterpart.
Sectionw. Heading . Section headings n inserted in this
Agreement as a matter of convenience of reference only, and it is that such
section in t a part of this Agreement and will not be used in the
interpretation ot any provision of this r t®
.............
Prop"Owner None InmIation Agmment Page 17 of 2
IN WITNESS , the Propertyr and the Countyv
executed this Agreement as of the day and year first above written.
ITf48"SSES: :
signature
i tore
e
Printed Name A,
Printed e
f .a .¢so tu
Date
+77-171 A- ri,�, ,
�, k � 'a,�
a �
rid Name
... -------------m__.._.. ...... ..
WIT 5E ,° PROPERTY OWNER:
A4 �kxi. , Signature v
Printed Name _ I
PrintedeDate
Printed Name 0
N ,,. ,.,, .. .... ...........�..._...... ,,,,, - ..
Fa)y
MONROE NTY BOARD OF COUNTY COMMISSIONERS:
T r•' . g 1 .L
r {.$ea-j)` MAYOR I CHAIRMAN:
Sylvia J. Murphy
'`. . IN MAD.. ,
CLERK
By:
SignatureDeputy Clerk
Date
_..
e _ f e_
Property Oymer Noise Insulation Agreeme t b 1 of,28
PEDFid J.
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air Conditioning:.. it I i ! "mini-
split" t condominium the NoiseInsulation
modifications, the following i it ions and restrictions will apply to all ii
All condensing unitsill be installed on the balcony
All refrigerant lines (running I i it Will be installed
consistentith KWBTS Board policy rules, maintaining I i t of 48
inches.
3. All condensate lines it installed it i consistent with
Board policy 1 to ensure the highest level of consistencybuilding
architectural aesthetics.
4. All interior AC l l and Energy Recovery
Ventilator will be housed in new vertical wall and comer pilasterswhich
ill be constructed to match the qualityexisting ! . The numberand locations
of the now vertical wall and comer pilasters will differ dependingunique
condominium r plan and number of bedrooms. The NIP ! it ill
reviewi information i t your NIPi i 1 .
5. Only 1 " I service panelsdetermined Manager to
deficient will be replacedthe Program as a part of the Noise Insulation
modifications.
B. Window.,Sill Rgplacement. Due to the presence of asbestos, the NIPwill provide
surroundnew custom wood it instead isurround.
to this i i , existing custom sills (marble, granite, ill not be replaced.
This revision "Il be an improvement, while decreasingconstriction improving
time efficiencies,
asbestosC. Custom Crown.110olding and Baseboards Restrictions
The new t t requirements will restrict the abilityexisting
GUStOrn trim and baseboard priort ioriginallyi ill not
allow sufficient time for the awarded general contractor to secure custom matched
replacement tdm. Therefore, existing crown moldings, wall trim, , the
contractor will, instead, cut the existingtrim to the face of the new pilaster or
thru wall ac-Infill. At new pilasterlocations , if the thru wall ac infill abuts the existing
the contractor will install a standard " x 5- inted " t
abut the existingr than attemptingt i tl t ' it
and t completion t 1construction, t r will
_...®_........._ ......
Exhi it A-Pwperty Owner Nobe 1 ladon Agreement Page 19of 28
have the option to replace the installed tdm withother custom trim match existing
materials and profiles.
D. Door Threshold !R!ghts. Due to stringentFloridahurricane impact n atr
infilt in buildingdes, all new aluminumacoustical ri nt swinging
sliding lass patio doors will have thresholds that are considerablyhigher (from the
floor) than existingdoor thresholds. These higher door thresholds i to
provide optimum protection to the interior of a condominiumfrom water infiltration during
hurricane.
E. .KWBTS-Asbestos Testing,
As required ate and federal requirements, THC conductedto testing all
participating T condominiums in Buildings A, B, andduring the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samplest each
condominium to include u board joint compound, windowI i , and exterior
window and door caulking. In addition, random.�e exterior stuccol collected
on both t "walkway" " l l building I v ti .
Depending the laboratory anal i f these samples, the presence of asbestos
containing at riai (ACM) have the potential to impact several areas of the I
construction process to include:
window removal and acoustic window installation,
door removal 'and acoustic door installation,
removal of portable "through-wall" AC units and the infilling of openings,
ceiling cuts required for installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
ion of vertical all pilasters requiredfor installation of the ductless
systemAC ,
construction closet i t installation of the ERV.
AbatementF. Asbestos Requirements
In the event Ysamples show a P of asbestoscontaining material (ACM), the
awardedI contractor II be requiredto perform the following abatement
requirements during construction:
If sam p i s show a presence of ACM,e 1%
The NIP contractor will be required to comply with OSHA worker safety requirementso
include worker respirators, poly curtains in all areas wherethe surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
�._ _ _ ....... _. _.__....... _.
ibzt A-Property Owner Noise Insulation Agreement Page 20 oft
0
Lf ,� l s presence of k,1
The NIPr 1! —requiredto perform full asbestos abatement
directed by the Environmental Protection Agency(EPA)to include:
® Construction of ACM containment barriers in all areas (walls, ili s, closets,
ino s), approximately 4 feet from all walls and areas impacted b
the NIPifi i .
Abatement and bagin (resulting liti s) by
certified asbestos abatement staff.
Air s lin f containment areas and clearanceall areas by certified
asbestosnt staff to allowto containmenttraditional
(non-abatement)workers.
THC ill be requiredexecutive oversight II ACM abatement
processes in all condominiums throughout the NIPion process
ensure r compliance withI and state abatement guidelines.
The presence of ACM will have a significantimpact on the NIP construction
process, lengthening th n ion period and increasing the sequencing
and coordinationi contractor crews.
Given the cost to providei t procedures, the FAA
will require THC to developdesign n r ion plan that minimizesu _ the
disturbancef t ensuret ion .costs,
duration, liability to the contractor and KWBTS property owners. This plan
ill result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD ' y of Des! n Decisions. ill have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window andDoor Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
. Interior Ductless "Mini-Split7 AC System Installation Requ
5. Interior Ductless fflMini-Split" AC System Interior Soffit Design and Placement
6. In-Filled itch riDoor Policy Treatment
.. ..
EAibit A-Propav Owner NoiseImulation Agmement Page 21 of2
LEGAL DESCRIPTION
Exhibit
T
Homeowner Noise Insulation Agreement
I ffig CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, r with an undividedt in the common elements, according
the DeclarationI thereof, recorded in Official Records Book 589, Page
a as amended from time to time, Florida,
h' tt - e ' e I t ' n __ t e 22 o 2
PROGRAMIMPROVEMENTS
Exhibit
Homeowner Noise Insulation Agreement
To
ImprovementThis Exhibff C represents the Program
package for an eligible
includes_the Program Improvements developed by the Program Manager
to reduoe the
interior environment of a property by a minimum of five (5)decibels.
typicalt package may include:
Architectural
AcousticalReplacement Aluminum
Replacement Aluminum tl Swinging
Replacement Aluminum Acoustical Slidingt
_ _........�_
Exhibit C-Property Owner Noise Insulation e f 28
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
NoiseTo
Property Owner Insulation
1. In partial consideration of the compensation to be paidon behalf of the
County the Program for the Program Improvements to be made to the Property
described in the Agreementeven date herewith (the ') between the County
Ownerand Property and to which this Exhibit is attached, the undersigned, for and
half of the undersigned and the heirs, personal representatives, successors, and
assigns the undersigned, forever releases, remises, discharges, indemnifies
covenantsnot to sue, institute claims in , or institute any proceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning n all claims, demands, damages, actions or causes of action of
whatsoever kind and naturen account of bodilyinjudes or death, damage to the property,
and the consequencesthereof, and any of the foregoingis
undersigned r their respective heirs, personal representatives, successors and assigns i
connection it n and all Pro-Existing Deficiencies ( " ici nci ") against i
County or'any of its officers, toconsultants and/or contractors to be
legally liable.
2. The Property Owner understands and assumes ll responsibility for the
Deficiencies t in the Property, whether visible to the r or unseen.
. The Property Owner understands that the Deficiencies include n
deficiencies present in the Property at the time of execution of this Agreement which Gould
include, not be limited violations, structural damage, water 1 moisture
damage, hazardous matedals, infestation and/or any issue that would negatively impact
the installation and performance the Program Improvements.
. If visible, the Property Owner understands t the Program Manager may
identify document Deficiencies at any time throughoutthe Program process
(including esign, bid andconstruction ). If identified documented, the
ManagerProgram will classify the observed Deficiencies as either"Minor' or" v ".
OwnerThe Property assumes full responsibility r i any
documented. for Deficiencies.
6. In the rare event " v Deficiencies identified rin the design
process, the Property Owner agrees to completes i the Property, t
the acceptance of the Program Manager, as a preconditionthe commencementof
construction of the Program Improvements. In the rare event that " eve Deficiencies
are uncovered urin the construction pedod, the Property Owner agrees to complete
®..... ... .......
_ 4
Exhibit - r o' Agreement of 28
necessary i to the Property, to the acceptancethe Program Manager t
minimize n delay or stoppages of work.
. The under-signed acknowledgen that all of the releaseof
harmless n indemnity visions set forth in Paragraph 1 of thisit_Q apply to
property , injudes, deaths, or damages adsing from the Deficiencies for all
negative impacts that later It after the addition of the Program Improvements.
provisions of thisExhibit D shall survive the termination or expiration of the Property
Owner Noise Insulation t.
undersigned8. The that the terms andvisions of this
_ II binding upon, in oft undersigned n itrespective
h i , personal representatives, successors and assigns.
WITNEF86"i-i"""', PROPERTY OWNER:
Signatu—
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WITNESSES: PROPERTY OWNER:
SI na
Signature
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Signature
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t - e V Owner Noiselatio t Page
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
To
Property Owner Noise Insulation Agreement
1. In partial consideration of the compensation to be paid on behalf of the
County and the Program for the Program Improvements to be made to the Property
® in the Agreement of even date herewith (the "AgreemenV) between the County
and Property Owner and to which this Exhlb1t E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal i , and
assI gns of the undersigned, forever releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of h agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the
property and the consequences thereof, and any of the fbregoing which may accrue to
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against
saI d County or any of its officers, agents, employees, consultants and/or contractors to be
legally llable
2. The Program Improvements may include the addition of acoustical
windows and doors, removal and infilling of 1hrough-wall" portable air oonditioner units
and the addition of a replacement ductless "mini-split" it conditioning system. Because
these modifications Wil result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program will also include the addition of a energy recovery ventilation (ERV) unit which
wIII provide an adequate exchange of inside / outside air to the condominium as
requI red by building code.
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the
potential fbr mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of
moisture generation in the interior envimnment of a condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroom exhaust fan capable of pmpedy exhausting bathroom moisture to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructed with a small wall vent that was designed to allow the passive exhaust of
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Exhibit E-Property O*wer Noise Imuto n Agreement Page 26 of 28
bathroommoisture in tral building exIn t shaft. Duringthe design
survey process it was discovered the KWBTSbuildings II central building
exhaust isting condition, these originalII vents (V stillpresent)
have the potential to providet for unwanted Ire smoke and/or gases into the
condominium interior. T r agrees to assume full responsibility for the
sealing of original wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated.
5. It is clearlybuilding iI boon to duct laundry dryer exhaust to the
KWBTS centralt shaft. In the event a Property Owner has incorrectly
their laundry r unt to the KWBTS centralIII t shafts, they
correct this deficiency rIexhausting their laundry dryer exhaust in an
alternative t that meets current buildingt their cost before the initiation of
Programthe construction process. Furthermore, the r agrees to assume
any Im liability related to the improper "n their laundry r exhaust.
6. The Property r understands that the Pro'gram Improvements wIII not
addresskitchen and bathmomuntil tI un r excessive interior mi I levels
generatedthe Property Owner within the Interior of the mini . The Property
Owner understands and assumesfull responsibility for maintenan f intedor moisture
and humidity levels. The r agrees to assurnefull responsibility fbr any
reoccurrencer worsening of moisture problemsand/or interior humidity
m
levels in the Property, In addition, the Property r agrees to assumefull
responsibility r the maintenance I tI un of the NIP venting modificatlonsr
completion f the Improvements.
. The undersignedacknowledge n that all of the release, hold
hanniess andindemnity provm m un t forth In Paragraph 1 of this fapply
injuries, deaths, or damages sustainedIn connection with or as a result of any and all
interior until tI un deficiencies arisingr the addition f the Program Improvements
including, but not limited to, hi humidity, I , mildew,-and/or lack of proper exhaust
ventilation. The provisionsf this f ff E shall survive the tenninatlon or expiration of
the r Nolse Irk I tm m-Agreement.
8. The undersignedhereby agree that the terms andI i un f this
Exhibith II be binding n and inure to the bertefit of the un m un un their
respective m personal representatives, assigns,
WIT PROP�RTY OWNER.
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Exhibit E 6 Propergy
,. Noise Insulation Agreement Page 2 7 of2
...lk Wl[TNv;SSES: RT-Y OWNER:
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Date
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WITNESSES: PROPERTY OWNER:
Signature
Signature
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ibitExh E- Noise Instdation Agreement Page 2