09/18/2019 Agreement/Easement-C317 �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
EprqAarad
-@;: Lgnd RILqM To.
Heather P. Faubert . Doc#2263769 OW 3019 F0 25
NIP Assistant Project Manager Rawded N21/2020 11-.2s Am Page I Of4
THC, Inc.
710 Dacula Rd., Suite 4A#316 Dmd Doc Rmp$0.00
Dacula, GA 30019 Filed and Rwmded in OfffeW Rmwds of
MONROE COW" WiLN AWX)11�C7A
"IGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this
20
'the pe ner,- n
by"DORIS BIEDERMANN", hereinafter referred to as 0 0 avo'r
y P lit!
0 r S. Nodw cf a
of the MONROE COUNTY BOARD OF COUNTY COMMISSI NER n d
corporate, hereinafter referred to as "BOCC.n
RECITALS:
A. The Property Owner is the fee simple titleholder to certain real property("the PropeV)
located in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 317-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 R000rds Book 589, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florlds.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C31711
B. The BOCC is the owner and operatorof 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 Wit design and install or pay for the installation of
improvements and modifications to the Property Ownees Property necessary to reduce
interior noise levels at least 5 dB and to bring the average interior noise level below 45
d13 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 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's implementation of the
In e_ SrT46ii��. .............. ..................
-ts,m- l-flona Arpo,r t N 10,---l Avge-bon Ea 7) Page-I of 4
NIP 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
intedor noise level below 45 dB in accordance with Federal Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 Existing Condition Noise ExpQsure Map
accept ed by the Federal Aviation Administration ("the FAA") on December 19, 2013.
G. The NIP will be administered in acwrdance with the current FAA Order 5100.38, Airport
Improvement Program Handbook.
K It is the purpose of this Easernent Agreement to grant to the BOCC a perpetual
avigation easernent, on terms as hereinafter' set forth.
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both
parties, and in consideration and incorporation into this AvI ion Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
I. The Property Owner on behalf of the Property Ownerand 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
vilthin the purview of this Easement.
2. This Easement shall be perpetual in nature and shall bind and run with the title to the
propertyand shall run to the benefit of the BOCC or its successor in interest as owner arid
operator 6f the Airport.
3. The Property Owner on behalf of the Property Owner, its heirs, assigns and sucoessors
I n interest, does hereby release the BOCC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, manag6rs, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, afforney'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 YAII in the future possess, as a result of Airport operations or aircraft activities and
noI se 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 WM Inte made nal Airpoft NIP-Avigation Easement(Una#-C3"1 7) Page 2 of 4
4. This e t expressly excludesr the Property Owner and to the
Property Owners heirs, i n in interest, W l W
debts, liabilities, costs, attorneys' or expert's fee, or causes of actionr
physical damage or personal injury r part of any aircraftusing
the Easement that does Identifiablephysical damage to the property r injury to a person
on the property by cominginto itcontact with the property or the person on
the property.
5. Should its r party heretoof their successors or assignsIn interest i
counsel to enforce anyof the provisionsherein or protect its interest in any matter
arising undertHs Agreement, orto recoverdamages by reason of any allegedh of
any provision of this r ant, the prevailing party shall be entitledto all costs,
expensesdarnages and incurred including, but not limited to, attorneys fees andis
Incurred In nun Moon therevOth, including au i t moon.
tmun of this r unt is to be interpreted for or against any party because that
party r that partys legal representativesuch priovislon. This Agreement sh,Wl b
interpreted nd construed accordingto the laws of the Statem ri "
T No breach of any provision of this unt may be waived unlessIn writing. Waiver of
any one n moon of this t shall riot be deemed to be a waiver
of any other-breachof the ran r any other provision of this unt. This Agreement
may unmwritten instrument executed by the partiesin interest at the
time the modification. In the unt that any one or more covenant, condition r
provision contained herein Is held invalid, i r Illegal by anyof competent
jurisdiction, the mm be deemed severablethe remainder of this r urn t
and mm in no way affect, mum mr or invalidate any ot m coon hereof so long as the
remaining m r t materially alter the rights n obligations of the parties. If
such mtm un, covenant or other provisionmm be deemed invalid due to this r
breadth, such covenant, condition or other provision shall be deemed val[dto the extent
of the scope or breadth pennittedm "
" In the event the rt shall be subdivided into more than one parcel, or the mum or
portionthereof becomes subjectto operation, management r administration by a party
in addition to or in lieu of the BOCC, then and in that event the partiesthat same
shall not terminate or othenMse affect this Agreement so long as a portionthe Airport
continues to operate for standard airport fight purposes, and that any such successor
in interest to the BOCC shall be entitledto all of the benefits running to the
hereunder.
. The Propertyr agrees that the Property Owner shall bear and be responsible,for
costsall m m munoperating n und attenuation materials and equipment
installed in the Property by or on behalf of the BOCC.
Key West Intaineffonal Arport NIP—AMgdon Easement(Unit 317) -Page 3 of
This Easement Agreementi ted as of the date first above written.
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Signature Signature
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Printed Name PrInted Name _
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STATE OF I Date
COUNTY OF
The foregoing Instrument was acknowledged before this y of
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ONROE
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COUNTY O OF COUNTY COMMISSIONERS:
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WITNESSES: MAYOR:
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Sign
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Printed Name {
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Date
Printed Name � .
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STATE OF FLORIDA
I
COUNTYF MONROE
The foregoinginstrument ckn before me this*' '& -- 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
�- My Commission Expires:
Notary Public Signature
FrVPPR?V j,- ® P
Key West International Airport NIP—Avigadon Easement(Unit#C317)
ASSISTANT NW,41rw 'I'N�V Page 4 of 4
Deft
Address: Kev West e Sea
Unit No.: C3 1 7-
Name(s):
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNATraNAL AIRPORT, MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
effectI ve 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"),
WITNESSETH:
WHEREAS, the Property Owner is the sale record owner in fee simple of
certaI n real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit 8 attached hereto (the "ProperV), and
WHEREAS, the County is the owner and operator of the Key West
International Airport (the "Airport"), situated in the City of Key West, County of Monroe,
State of Florida, and in close proximity to the Property, and
WHEREAS, the County desires to obtain and preserve for the use and
benefit of the public a right of free and unobstructed flight for aircraft landing' upon,
taking off from, or maneuvering about the Airport; and
WHEREAS, the Property Owner has elected to participate in the Key West
International Airport's Noise Insulation Program (the "Programn) and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularly descdbed on Exhibit C attached
hereto (the "Program Improvements"); said Program Improvements to be pal 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
generaI 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 "Prognam 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-,
® THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
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Propeny Owner Noise 1wulation Agreement Page I of 28
sufficI ency 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 ibrce and effect and is
hereby ratified in all respects.
2. Procirarn PoUry Stat ments. 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 ExhlbN A.
3. Pa @YfpQpt of Program IMpMNTMqnMtp. The County agrees to pay for
the Program Improvements described in Exhibit Q attached hereto. The Program
Improvements virill be approved by the Property Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. Im ,eding Con1petitive Bid Process. The Property Owner shall not
I mpede or interfere with the Contractors ability to select between approved product
manufacturers and subcontractors in the preparation of bid submittals. To insure a
competitive bid environment, the Property Owner is prohibited from having any
discussion or communication with the Contractor in relation to the Program, the
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failure of the Property Owner to comply with this provision shall, at the option
of the County in its sole discretion, result in disqualification from the Program and
cancellation of this Agreement.
5. Construction Contract. The County will award the contract for the
Program Improvements consistent with Federal and County competitive bidding policies
and procedures. The contract will require the Contractor to complete the Program
Improvements within a time period defined by the Program Manager.
Post-Construction Rei ili i . The Property Owner shall
meet all responsibilities and requirements pertaining to both pre-constry on and post-
construction:
a. Prior to the start of NIP construdon, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, coins, guns,
antiques, heirlooms, etc.)from their condominium;
(2) Moving of all furniture and belongings into the 'yDesignated
Storage Space Area" within the condominium, providing the required "clear area" (white
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Aropeny Owner Noise InnIation Agmment Page 1 of 28
space In sketch) for the Contractor. When doing so, the Property Owner will have the
abIli ty to utilize the complete "floor to ceiling" space.
(3) Removing of all excessive furniture and belongings from the
condominium that will not fit in the "Designated Storage Space Area";
(4) Removing all window and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space
Area";
(5) Removing all electronic and dust-sensitive It from their
condominium or wrapping with protective poly before storing them in the "Designated
Storage Space Area";
(6) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, etc.) and storing 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 furrilture and belongings stored in the
'wDesignated Storage Space Areas" back to their original positions in the condominium:
(2) Moving of any excessive furniture and belongings back into
the condominium;
(3) Re-installation of all wall treatments, door treatments and
wall hangings back to their original positions in the condominium.
c. In the event the Property Owner fails to perform any and all of the
above Pre-Construction responsibilities, the Property Owner shall be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto,
d. In the event the Property Owner falls to perform any and all of the
above Post-Construction responsib 11 ftles, the Property Owner shall be liable to the
County and/or Contractor for any and all resulting damages and all direct and Indirect
costs related thereto.
7. Impleding Construction, Once construction of the Program
Improvements begins, the Property Owner shall not impede construction or alter
construction schedules. In addition, the Property Owner shall prevent any and all
tenants that may occupy the Property during the constniction of the Program
Improvements from impeding construction or altedng construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
v. ........... .............
P�vpen'y Oymer Noise Insulation Agreement Page 3 oft
lt the constructionschedule, the Property Owner shall be liable the Contractor
and the our for any damages and all direct andindirect l t thereto. .
8. Safe Woftnqrim rmme . The Property Owner shall be responsible
for providing a safe workinga met fbr the Program Manager, Contractor,
subcontractors, li w and City, County, State andl inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsUe for:
(f) ProvProviding a warldngo t that is free from potential
health dsks, blohazardo iitii ns, hazardous chemicals, obstacles, weapons of any
kind and/or explosives;
( Refraining verbal abuseprofanity;
( Refraining from aggressive physical ; and
(4) Insurtng that all pets are completely secured and contained.
. In the event the Property Owner falls to meet any of the foregoing
conditions, the r a yw at the u r tul n, be temporadly
suspendedt.any time. In such event, the 'shall notify the Property
Owner in wdflng, slating the corrective (s) and/or condition( required to be
oompleted r performed by the y Owner pdor to the County resiuming the
Program W
. In the event the Programnot resumed due to the
OwnersProperty f fl to complete the icorrectivea gym( and/or condition(s)
required by the Program Manager, the Property Owner shaH be Habie to the County
and/or Contractor fbr any and all damages and all direct and indirecttrelated
thereto.
d. f the Program , the Property Owner shall
relatedliable to the County and/or Contractor for any and all damages and all direct and Indirect
costs to or caused y the temporary m nsi o of the Program process.
9. Construction, _ l rir� hconstruction period, the Contractor
may experience rrm ff tlons relating to the installation f the Program
Improvements. The constructionmet shah provide that delays related to these
unforeseenul ful m the ntr e of the Contractor and shall
so that the time for completionmay reasonablyConstruction schedules
y also be revised If there is in awardingf the contractor of the Program
Impmvements have t In the rat f lack of bidding tr t r failure
f the lowest responsive, responsible a r to executethe tr s provide a payment
and performance bond or show proof of required Insurance.
10. Changes to Scope of Work. The Program Manager reserves the dght
to make changes to the plans and specifications and the Program Improvements, at tilts
. �......_.._. . ® mo.m
P�-oper&Owner Noise Insulation e Page 4 of 28
sole discretion, t any time In the w wocess, provided such changes do not
reduce the scope or quality of the Program Improvements ih in f
such changes are necessitated by the i f hidden conditions not readily
detectable I property inspection .
11. Acoeptance of Work. Upon completion of the ProgramImprovements,
the r shall inspect r cause the Inspection f the Program
Improvements to determineIf they were pI t rat to the terms of the
contract. r retains sole discretion and authorityprogram
conformance issues as they relate to the Contractor, subcontractors,
suppliers n tip designs. The Property Owner is t to attendthe
Substantial Completion Inspection and provideinput to the Construction Manager with
respectto the Identified punch-list items. In addition, the Property Owner is welcomet
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion andFinal Inspections, they l w r their ability t
provide input to the Construction Manager with respect to the acceptancef the
Program Improvements. In the wit there is a disagreement between the Property
Owner and the Manager as to a conformancer performance issue, the
OwnerProperty shall be requiredto submit the discrepancyin ritln to Monroe County
(represeniadve to tr twithin f the
inspection- giving rise to the discrepancy. t shall then make a
determination m, to the acceptability of t issue and any
remedial tI that may need to be taken. Monroe Countyshall be the final arbiter of
any conformancelperlbrmance/Issues. Failurethe n to submit the
written complaint within the time periodif hshall thereafter foreclose theA
Property Owners right to file such complaint.
12. Termination pf Agreement The Property Owner understands that
the signing this t initiates bot the BID and CONSTRUCTIONf
the Improvements in ith the W
Therefore, If the Propertyr aftempts to terminate this w t or otherMse
impedesthe progressf the a w' f the Program Improvements r the award
f the construction contract, the Propertyr will be liable to the n r any n
all darnages and all direct and indirect cosh caused thereby.
13. 'Warranties. t represent or warrant the level of
noise reduction that the Property Owner will experience within the PropertyIt
f the Program Improvements w f the Program.
a. The County that its contract with the Contractor will include
standard ( r warranties from the Contractor for all materials and workmanship.
one-yearSuch warranty period shall cornmence as of the time f the acceptancef the
providedwork as r in Paragraph 9.
m At the f construction, the Program Manager will provide the
Propertyn r with a WarrantyFinal Closeout Package which will contain copiesf
the warrantypolicies, product instructions, I legal documents. As
condition f receiving the WarrantyFinal Closeout Package, the Property Owner
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r Noise Imulation Agmement Page 5 o 28
must first submit a completed NIP Property Owner Satisfaction Survey to the Program
Manager. After receiving the Warranty & Final Closeout Package, the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements differ among product manufacturers. In the event of claim, the
Property Owner is solely responsible for pursuing all future product warranty issues
directly with each product manufacturer.
c. In the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Conti-actor or product manufacturer directly to
coordinate any required warranty service and agrees to look solely to ttie general
contractor or the product manufacturer for fulfillment of all warranties arid for resolution
of all product or construction warranty issue(s):
(1) The Property Owner's inquiry is not directly related to either
construction warranties or product warranties (such as window cleaning or product
maintenan ce) regardless of whether the Property Owner's inquiry arises during the one-
year warranty pedod from the Contractor or thereafter;
(2) The Property Owner believes that warranty service is
required Ath respect to construction warranty issues, and the one-year warranty period
from the general contractor has expired;
(3) The Property Owner believes that service is required with
respect to product warranty issues, the advertised warranty period for the product has
not expired, and the manufacturer is currently conducting its business; and
(4) The Property Owner believes that service is required with
respect to product warranty issues, and the advertised warranty period for the product
has expired.
14. Pre-Existing Deficiencies. The Property Owner will be required to
sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all
responsibility and liability to the Property Owner for any and all present Pre-Existing
Deficiencies at the Property, whether seen or unseen.
15. Pre-Work Requirements. The Property Owner will be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic modifications. The PropArty
des! nated Pre-Woric items_�tIlIzingi..their own funds and per the required deadlines as
established _by the NIP. In the event the Property Owner falls to complete the
i1jn_at;a Pre--Work it mis by the established NIP deadline, 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
reIt ed thereto.
16. its of Key West "Hard-Wired" Smoke Alarm Reguirement. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required to install 120-valt "hard-Wred" smoke alarrns in their condominium in
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P�Vpl"Oymer Noise tion Agmement Page 6 of 28
accordance with all applicable codes and regulationsthe requireddeadline
alarmsestablished by the NIP. The Prope, Owner wilLbe resp
arty _onsible to ensure that the
smoke t installed in same areas withininn
modification ill occur, to avoidt ti I impedance to the NIPconstruction
. In the eventt Owner fails install t in "
smolce alarmsthe establishedI lire , the r shall be removed
from NIP participation.
. ir The Program process may be
temporarily suspendedt any time the designr construction phases upon
the discoveryf Deficiencies due to their potential impact on the Prograrn
Improvements t warranties. The Program process YAII riot resurne until the
OwnerProperty has correctedall related problemsto the satisfactionf the Program
Manager. In the event repairs t completed in a timely r, the PrDperty
Owner will be liable the County for any and all damages and all direct and indirect
coststo delayr stoppages oft r .
18. LimitationIt r tl to the Propert r
agreest to make alterations, r to permit any tenant occupying any portionf the
Property to make alterationsto the existingwindows, r walls from the time f
the Designrail the constructionf the Program Improvements have been
completed. l n to this I t in writingthe Program
Manager. Failure to adhere to thisrequirement may, at the optionf the Program
Manager in its solediscretion, It in immediate suspen l r f the constructionf
the Program Improvements the Property. The Property Owner will be liable to the
County r all direct and indirect t 1 ted with unapproved alterationsand
relateddamages thereto.
19. Pre and Post-Constructionof r post-
construction 1 testing is a very important Program process that is designedt
measure and determine the actual achieved noise ICI reduction level attreated
properties. If selected by the Program Managerr post-construction noise
testing, the Propertyr agrees to provide access to their property for testing
agrees to not to make alterationsto the interior f their property (with the exception of
repairs f i t i�the pM-construction1qq test to the ost-
constructionW noise test. In an effortto insure consistent noise data collection, the
Property' r also agrees to preserve the interior layout of furniture, floor coverings
and window treatments frorn the time f the pre-construction noisetest to the_ppst-
construction noisetest. The Property Owner understands that t failure to adhere t
this i t may result i tln oft I testing Therefore, the
OwnerProperty understands they may be liable to the County for any directindirect
noisetesting is in the t these requirements t met.
20. Cooperation. As reasonablyrequested, the Property Owner shall
cooperateitl the Contractor, the Programr rr in the
f all phases of the Prograrn Improvements including, t riot limited t ,
the removal and reinstallation , wall hangings it
............................... ......._........... ...� _..__....... __
Noise 1 t Page 7 o
21. Utilities. The Property Owner shall permit the Contractor to use, at
no t to the Contractorr the County, existingutilities h as light, heat, power and
water necessary to carry out the Improvements.
® n andi t scheduled times n f r upon
not less t -four hours advancenotice if , the
OwnerProperty agrees to provideto the r, Contractor, subcontractors,
suppliers, lty, County, State andl inspectors and consultantsto tile
Property to collectl all final design and biddocuments. These visitscould
include, but not be limited to, property survey, design survey, hazardous material
inspection, -n l testing l i it. In the event the Property Owner falls
provideto the Property for all required NIPDesign and Bid visits, the
OwnerProperty shall be removed fromrtl l tl ®
® Pro—Construction Access, The Property Owner agrees to provide
access to the Property forty-eight rior to the scheduledt o
construction. This short visit will provide the Program Manager with the abilityto ensure
that t r has t all furniture storage responsibilities. Failure could
result In the suspension of the scheduledI try l r andthe Property Owner shall
be liable the County and/or Contractor for any and all resulting darnagesII direct
and indirect costsIt thereto.
m Pre and Post Construction Access. At scheduled times
upon not less than twenty-four (24) houm advan�i—not6 (via NIP email andlor leffer)
and r the establishedconstruction h I rat, the Property Owner
agrees to provide to the Program Manager, Contractor, sUbcoritractors, suppliers, City,
State t f l inspectors and consultantsto the Property to provide
all required NIPre-Construction t- tr I lit . These visitscould
t not be limited to final measurement, pre-construction pre—construction inspections, review of
Designated t r requirements, t construction inspections t-
n1 try l r i testing. In the t the Property Owner falls to provider all
requiredIP Pre and Post Construction visits, the Property Owner shall be removed
frorn NIPrfi i tl the Property r shall liable t and/or
Contractor for any and all resulting Il direct and indirect t related
thereto.
Construction Period 141P construction
contract, the Contractor will provide the Programr with their final construction
schedule, lei ill include the requiredr of calendar days to completethe NIP
constructionin each of the i i tip i t W Based on this l W the
Program Manager will assignr with a designatedr of
calendar days In which constructionwill occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entirei time period. I
addition, the Property Owner agrees not re-enter their property for soy during
their assigned constructionperiod safety the potential to negatively
impact the Contractor. In the eventtOwner falls to providefor t it
assigned t i t time ri , the Property Owner shall be removed from NIP
Propeny Owner o' e l l do ent a
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.
26. Construction Period Extension Due to Hunricanes. Since the NIP
construction period will extend into the Key West hurricane season, there is potential for
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays may occur in addition to their
originally assigned construction time period, without any fault or cost to the Contractor
and Program Manager. Furthen-nore, the Property Owner agrees to relocate from their
condominium fdr all additional calendar days resulting from NIP construction work
stoppages due to a hurricane threat or event at no cost to the County, ContraGtor and/or
Program Manager. In the event the Property Owner falls to provide the required
additional access to their condominium due to hunicane-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. Discovery of Pro-ExI§tjnj,,_13eficiencies During Construction. In the
event the Contractor disoovers 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 pro-existing deficiency repair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
28. Impact of Unforeseen KWBTS Bulld!nQ, Conditions on Construction
Schedule. The Property Owner understands that unforeseen building conditions that
may arlse 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
odginally-scheduled construction completion date may be delayed a few additional days
due to unforeseen building conditions that may arlse and complicate the NIP
construction.
29. Existing Window / Door Treatments, Shades and Blinds. The
Property Owner understands that, after the installation of new 141P acoustic window and
doors, the existing window and/or door treatments,, shades and blinds may not be
compatible nor able to be re-installed due to size differences between the new and
existing windows and doors.
30. gxIsfInR_Qrown_IV1olid During the installation of the new
acoustic windows and doors, the NIP will be providing new "standard" replacement
interior to and sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown molding palterns 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.
......... .........——-—--------
P�-qpeny Owner Noisel t' ement Page 9 oft
31. Communication Requirements. The Property Owner agrees to
read and review all I P emalls and/or letters in a timely fashion which are being
provided by the NIP to ensure schedule conformance. In the event the Property Owner
falls to meet this requirement, it could result in removal from I P participation.
32. Title Examination. The Program Manager has obtained or will
obtaI n, at its sole cost and expense, an flAbstract of Title" to ensure that the Property
title is free from liens and/or title defects.
33. Qo9pgMtIon in Clearing Title. Pdor to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate Wth the
County in order to (1) 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 (11) secure the written consent of any and all mortgage
hoI ders to the Property Owners conveyance of the Easement to the County if the
County determines that it is neoessary or desirable to do so (collectively, the "Title
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title.Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the fbilovAng provisions:
a. The Property Owner shall subject the construction work on the
project t 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.
I . 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 beans any responsibility for maintenance and operation of
these items.
35. Reduction of Fresh Air Infiltration. The Property Owner YAII be
required to sign Exhibit E (Ventilation Hold Harrnless Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
36. 5alvqg9_9f Materials & Egulpment. If the Property Owner desires
to retain any of the material or equipment removed from the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage of said
materials and equipment directly with 'the Contractor at the Property Owner's sole risk
and expense. The C*ounty 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 It to be salvaged. In the absence
------------
Propeny Ovmer Noise InMation Agmement Pap 10 of28
of such a written agreement, all it shall become the property of the Contractor.
Materials and equipment not listed for salvage by the Property Owner shall become the
property of the Contractor.
37. EiVpqLqv Insurance. Dudng Program construction period, the
Contractor will provide bulla-e—es risk insurance fbr the Property. The Property Owner
shaII have the option, at the Property Owner's sole cost and expense, to maintain a
homeowner's insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractor's builder's risk insurance will cease, and it is advisable for the Property
Owner to obtain Insurance to cover any value added to the Property by the Program.
38. �lfflnr 1_ and Effects of Construction. The Property Owner
understands that there is a chance that construction itself may exceed the Contractor's
original projected construction time period. The Property Owner also understands that
the construction may involve substantial inconvenience and could generate significant
quantities of dust and debd,s rendering portions of the Property uninhabitable for
extended periods of time.
39. Labor and Matedal Release. The Property Owner releases and
forever discharges any and aii claims, suits and actions against the Program Manager;
the County and its officers, employees, agents, consultants; and contractors and
suppliers with respect to issues relating to the conformance of labor, materials and
acoustic designs utilized in the Program Improvements, Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
generaI contractor.
40. Sale of PIM2ert erty Owner sells, convoys or
y In the event the Prop
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property OWner hereby agrees to provide the buyer with a copy
of this Agreement prior to ttie closing an the sale, conveyance or other transfer, and to
transfer all of the Property Owner's responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other trarisfer of
the Property.
41. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant or condition hereof shall be construed as, or constitute, a waiver of,
acquI escence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
42. Release of Easement. In the event that this Agreement is
canceI led or the County dete ines that the Easement should be released of record,
the Property Owner, upon written request by the County, shall pay to the County the
surn of One Hundred Dollars ($100.00) to cover the costs of the preparation and
recording of the Release 'of Easement document -in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Ownees
responsibility to insure such payment is made in order to "cleae' the title to the Property.
.. ....... ---
Prop"Owner Noise Ihsulation Agreement Page 11 of 28
43. Authority to Execute On Behalf Of oL! , By Resolution No.
20-04, duly motionecFa—nd—p'a"is-e—cFit--�i-lawfully announced public meeting, the Boai;—Of
County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full
authority for the County Administrator to execute this Agreement on behalf of the
County without further action by the Board of County Commissioner's.
44. Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit B: Legal Description of Property
c. Exhibit C: Program Improvements.
d. Exhibit D: Deficiency Hold Hanniess Agreement
e. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. Governing, Law, Venue, Inte tation Costs, and Fees.
(1) This Agreement shall be governed by arid construed in
accordance with the Laws of the State of Florida applicable to contrEicts made and to be
performed entirely in the State.
(2) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropiriate court or before
the appropriate administrative body in Monroe County, Florida,
(3) The County and Property Owner agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any of
them, the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
(4) The County and Property Owner, agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Flodda Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Bindina Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
Pmvffty Omer Noise Imulation Agmement Page 12 of 28
c. Severabillty. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agr t
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
d. &thorlty. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and Property Owner action, as may be required by law.
a. Duration of A®rreement. This Agreement shall commence upon the
execution of this Agreement, subsequent to execution by the Property Owner and by
the County and shall remain in effect for a period reasonably required to effect the
Program improvements (the 'Term"), except as may be sooner terminated in
accordance Wth the provisions of this Agreement.
f. Acceptance of Gifts
— , Grants, Assistance Funds, or §eqV@gst§. The
County and Property Owner agree that eic� 1-1be, and is, empowered to accept for
the benefit of any or all of thern, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims, forfederal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement, provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission,
udication 2f Disputo r Disa The County and- -- — - 2- -greements.
Property Owrier agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or rernedy as may be provided by this
Agreement or by Florida law.
1. Nondiscrimination. The County and Property Owner agree that
there will be no discrimination against any person, and it is expressly uriderstood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nond iscrim Mation. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discd m Mation on the
basis of race, color or national in; (2) Section 504 of the Rehabilitation Act of 1973,
as amended (20 US.C. s. 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which
.........................................
Property Owner Noise Inniation Agreement Page 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 nondiscrimination on the basis of
drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616)� as amended, relating to
nond I m Mation on the basis of alcohol abuse or alcoholism, (6) The Public Health
Service Act of 1912, s& 523 and 527, (42 U&C. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended frorntime to
time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, FloridEi Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscdmination, (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 nondisedmination 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. CoqperatL . 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 provision of 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 Ind Documents. The County and Property Owner
shall maintain books, records, and docurnents 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 it purposes during the term of the Agreement and for four 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,
whI ch would conflict in any manner or degree with its performance under this
Agreement, and that only interest 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,
Flodda Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business vAth one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
----—-......... .........................
Aropeny Owner Noise Inmiation Agrement Page 14 of 28
u.SoHcltation/Rqy The Countyt
that, in respect to itself, it has neither pig moor retained any company or person,
other th,an a bona fideemployee i i solely for it, to s0cit or secure this mmn t
that it has not paid or agreed to pay any person, corporation, individual,
or firm, other than a bona Me smpioyeein i i for its any fee, commission,
percentage, i , or other consideration contftent upon or resultingfrom the award or
making f this Agreement. For the breach or Violation of this provision, the Property
agreesOwner that the unto shall have the right to terminate this t without
liability t its discretion, to offset from monies , or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
. Public ,.. The our r shall allow
permit reasonable access to, and inspection of, all documents, papers, letters, or other
materials tt to the provisionsf Chapter 1 , Rodda Statutes, and r
receivedthe mmProperty r in conjunction Wth this m nth and the
County shall have the right to unii t ii cancel this nt upon violation f this
provision the Owner. Public Records Compliance. r must
complyit Floridamihii laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article i of the Constitution of Florida. The County
OwnerProperty shall allow and permit reasonable access to, and inspection f, aH
documents, records, , letters or other "public record" m t ri i in its possession
r under its controlt to the provisionsf Chapter 11 , R ri tut es, and made
r received by the Countyand r in conjunction with this m
related to contract performance. The Countyii have the right to unflaterMyi
this contract upon i i ti f this provision by the PropertyOwner. Failure f the
Property r to abidethe terms f this provision ii be deemed a material
breach f this contract and the may f the terms of this provision in the
form of a court proceeding andshall, as a prevailingentitled to reimbursement
f all attorneys fey t 'associated itch that p inn . This provision shall
survive any termination r expiration of the contract.
The ip Owner is encouragedto consultwith its advisorst
Floridaii in order to complyit this provision.
Pursuant to W 119.0701 and the terms andconditions of this
contract, the Pmperty Owner is requiredt
f and imp i public that would be requiredthe
County to performthe i .
Upon receipt from the County'st i mn of records, providethe
County itch a copy of the requestedr allow the records to be inspected or
copW within a reasonabletime t a cost that does not exceed the cost providedin this
chapter or as otherwisei by i .
Ensure that public that are exemptr confidential and
exempt from public records disclosurei m a t not disclosed except as
Propeny Owner Noise Imuladon Agmement ��Page 15 of 28
authorized by law for the duration of the contract term and following completion of the
contract if the Property Owner does not transfer the records to the County.'
(4) Upon completion of the contract, transfer, at no cost, to the
County all public records In possession of the Property Owner or keep and maintain
public records that would be required by the County to perlban the service. If the
Property Owner transfers all public records to the County upon completion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
or confidential and exempt from public recoMs disclosure requirements. If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall meet all applicable requirements for retaining public records. All
racmirds stored electronically must be provided to the County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but'if the Cou th
nty does not possess e
requested records, the County shall immediately notify the Property Owner of the
request, and the Property Owner must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the Property Owner has questions regarding the application of
Chapter 119, Florida Statutes, to the Property Owners duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
p. Non-Waiver of 1MMunity, NoWthstanding the provisions of Sec.
768-28, Florida Statutes, the participation of the County and Property Owner in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity by the County to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
q. Privi ges a and Immunities. All of the privileges and immunities from
j_ _
liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
volunteers, or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
r. l lick ati ibiliti leiort f
Constitutional or �utoi Duties, This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the .extent of actual and timely perfon-nance
thereof by any other participating entity, in is case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
Page 16 of 28
�rope -0 wn—er2V—oi's'e—16u"'lation Aig—mment---- ...........
state statutes, law, and, specificaffy, the provisionst 163,
Florida Statutes.
s. Non-Reilance by Non-Parties. No person or entityshall be entitled
to rely upon the terms, any ofthem, of this Agreementtenforce or attempt to
enforce y therd-party claim or entitiement to or benefit of any service or program
contemplated hereunder, and the Countyn r agree that neithert
County r Property Owner or any agent, officer, or employee of each shall have the
authority to inform, i, or othervAse indicate that any particular individual our group
of individuals, met rr entities, tmtl i mom t r benefits under thisAgreement
apart,separate and inferior rr superior to the community in general or for the
purposes contemplatedin this Agreement.
tw Aft_ u,......., . texecute
rat the - y y require in the r of the obligations
and duties of the Countyr Property Owner minder this Agreement.
. q::: m ty. No covenant or agreement containedherein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employeenroe County in hisr her individual ity, and no member, officer,
ant or employeeof Monroe Countyl it able ll n this Agreement or be
Subject to any personal liability flit son of the cuts of this
Agreement.
. Execution.., in CounteMarts. This Agreement may be executedi
any number of counterparts, each of which shalloriginal, all of which
taken together ll constitute one and the same instrument y the parties
hereto t this Agreement by Wgnft any such counterpart.
w. Section Headln_qs, Section headingsinserted in this
Agreement as a matt iencet only, and it is that such
section fts are not a part of this Agreement and will not be used in the
interpretation rr vision of this Agreement.
................ _.......... __.._.. �_...._ _ .
Propeny Owner Noise ImIation17 of 28
IN WITNESS , the Property r and the County have
executed this Agreement as of the day and year first above written.
_....._ .............. _... _..__ ._ _....... .-
WITNESSES: PROPERTY OWNER:
tore 4
Prime Na e
i 4 f;
Printed Name
signature _j dfe
� � � � Da
Printed Name
WITNESSES: :
Signature
Signature
iifl—nted Name
.m... �:
Printed Name
Signature
Date >
Printed Name
XROH
COUNTY BOARD OF COUNTY COMMISSIONERS:
♦•v� f � '.fir. .•Y .�r m
MAYOR CHAIRMAN:
Y �
.. Sylvia J. Murphy
1 DOK, CLERK
f
By:
S E
vs, Deputy ClerkSignature
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bjjjL
O iIO&E
-
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,ry ,
ax
1r� N � 1 elation �, M r
PEDROJ
; F'q.
Datefp:
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air Conditioning: General Restrictions. While providing a new ductless "mink
split" AC system to your condominium as a part of the NoiseInsulation
modifications, t ll i limitations and rest ' i ill apply to all condominiums:
All condensing units 'Il be installed the balcony
2. All refrigerant IInes (running from the balconyI it) VAII be installed
consistent it li 1 , maintaining a maximumheight of 48
inches.
3. All condensate lines will be installed the building " r oonsistent with
Board policy I the highestlevel of consistencybuilding
architectural aesthetics.
All interior AC lines (refrigerant, condensate, electrical) and Energy Recovery
Ventilator III be housed in now vertical wall and comer pilasters which
ill be constructed to matchlit 1 II . The number and locations
of the new vertical wall and comer pilasters Wil differ depending on your unique
condominium i r of bedrooms, The NIP executivearchitect will
review this information "t r NIP Designl tiro .
Only electrical service panelsthat are determinedthe Program Manager to b8
deficient ill be replacedthe Programf the NoiseInsulation
modifications.
B. Window Sill I to the presence of asbestos, the NIPill provide
customnew ill instead i ti . Due
to thisi l " existing customIII t , "ll not be replaced.
This revisionwill be an improvement, while decreasingconstriction Improving
time I I .
asbestosThe now t requirements vAll restrict the abilityexisting
customtrim and baseboard priort 1 it " which will not
allow sufficient ti for the ral contractor to secure custommatched
replacement trim. Therefore, existing crown moldings, l trim, " the
contractor ill, instead, cut the existingtrim flush to the face of the new pilasterr
thru II ac-4nfill. At new pilaster locations , if the thru wall ac infill abuts the existing
baseboards, the contractor will install tandard (314" x 5-IM painted5-I t
abut the existingtdm, ratherthan attemptingto matchexisting r1profiles
and materials. After the l i f the NIP construction, t r will
Exhibit A-Property OwnerNoise Insulation Agreement of 2
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles,
D. Door Threshold -Helgh . Due to stdngent Florida hunicane impact and water
infiltration building codes, all now aluminum acoustical prime entry swinging doors and
sliding glass patio doors will have thresholds that are consider-ably higher (from the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the intedor of a condominium from water infiltration during
a hurricane.
E. KWBTS Asbestos Testi!lg
As required by state 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 / 6ikiiin—y- 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-wall" AC units and the infilling of openings,
- calling cuts required fbr installation of the ductless AC,
- wall cuts required for the installation of the ductless AC,
- construction of vertical wall pilasters required for installation of the ductless
AC system & ERV ducts,
construction of closet soffit for installation of the ERV.
F. Asbestos Abatement RqqM!M!pq!1!g
In the event any sampl nce of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
IfAs
The NIPtor 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-Propeny Owner Noise I 4don Agreement Page 20 of28
required be full abatement The 1 r ill
directedthe Environmental Protection include:
Construction of ACM containment barriers in all (walls, ceilings, closets,
lapproximatelyfeet from all walls and areas impacted
the NIP modifications.
- Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff,
lr ling nit i t areas and1 ll areas by l
abatementasbestos staff to allowcontainment areas by traditional
(non-abatement)
III be requiredto provideexecutive I t of all ACM abatement
processes in all condominiums throughout the 141P constructiont
ensure proper compliance with federal and stateabatement guidelines.
presenceI ill have a significant impact on the NIPn tr ti
lengthening the construction period and increasing the sequencing
and coordination requirements ofcontractor crews.
Given the cost to providerequired t abatement procedures, the FAA
will require to developins and constructionplan that minirnizes. the
disturbance of ACIM to ensure the minimization of construction costs,
duration, liability to the contractor and KWBTS property owners, Thisplan
will result in new property owner requirements and designrestrictions h h
are oufflnedbelow,
H. KWBTS BOARD �_.Authorit lgn -Decisions. The KWBTS Board will have the
Authority to makeI of the ign decisions to inch
Acoustical Window andr Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical r Operational Styles
. Intedor Ductless "Mini-Split"' t Installation l
. Interior Ductless "I I i- lit" AC Systemr Soffit Design andPlacement
6. In-Filled itch r Policy Treatment
_. �.. _ ___.._..__ .. .
Exhibft A-Property OwnerNoise Inniation Agmement Page 21 of 28
LEGAL DESCRIPTION
Exhibit
T
NoiseHomeowner
Condominium it , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, t r vAth an undividedinterest i i p according
the Declarationf Condominium thereof, r in Official Records Book 589,
m as amended from time time, the PublicFlorida,
_... ..... e .....__..._........ - _..... ...._ .
st - perty Owner Noise Insulation Agreement Page 22 of 28
.PROGRAM IMPROVEMENTS
Exhibit C
To
Homeowner of Insulation Agreement
This Exhibit C represents the Program Improvement pacloge for an eligible home that
includes the Program Improvements developed by the Program Manager to reducm the
interior environment of a property by a minimum of five (5)decibels,
A typical Program Improvement package may include:
0 Architectural DraWngs
0 Replacement Aluminum Acoustical Windows
0 Replacement Aluminum Acoustical Swinging Prime Dooqs)
0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
Ifthibit C- er&Owner Noise Insulation Agreement Page 23 of28
ExhibitDEFICIENCY HOLD HARMLESS AGREEMENT
PropertyTo
i
1. In partial consideration of the compensation to be paidn behalf of the
County and the Program for the Program Improvements to be mada to the Property
described in the Agreement of evenate herewith (the "Agreement") between the County
Propertyand ner and to whichthis Ekh1bft D is attached, the undersigned, r and on
behalf of the undersigned i , personal representatives, successors, and
assigns of the undersigned, lbrever releases, ! i ha s, indemnifies and
covenants not to sue, instkute claimsagainst, r institute dins against, the
County, or any of Its agents, offloers, 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 bodilyinjuries or death, damage to the property,
and the consequences thereof, and any of the foregoinghick may accrue to the
undersigned or their respective helm, personal representatives, successors assigns i
connection ith any and all Pre-Existing Defci nci s (the "Deficiencies") against said
County or any of its officers, agents, l s, consultants and/or contractors to be
legally liable.
. The Property Owner understands and assumesfull responsibility for the
Deficienciespresent in the Property, whether visible to the Manager or unseen.
. The Property Owner understands that the Deficienciesinclude n
deficiencies in the Propertyat the time execution f this Agreement whichcould
include, not be limited violations, structural damage, water 1 moisture
damage, hazardous materials, infestation and/or any issue that would negativelyimpact
the installation and perfor c of the Program Improvements.
. If visible, the Property Owner understands that the Program Manager may
identify anddocument Deficiencies t any time throughout the process
(including desi , bid and construction ). If identified nd documented, the
ManagerProgram will classify the observed Deficiencies as either"Minor" or"Severe".
5. The Property Owner assumes full responsiblifty for the worsening
documented for Deficiencies.
6. In the event "Severe" Deficiencies identified duri the design
process, the Property Owner agrees to complete necessary repairsto the Property, t
the acceptance of the Program Manager, as a precondition to the commencement of
construction of the ProgramImprovements. In the rare event that "Severe" Deficiencies
are uncovered uri the construction period, the PropertyOwner agrees to complete
-
. . .....--......... _...
Exhibit D-Property Owner Noise Insulation Agreement Page 24 of 28
necessary repairs to the , to the acceptanceof the mom Manager t
minimize ml ny delay or stops f work.
W The undersignedacknowledge I that all of the I' hold
harmless and indemnity I I t fbrth in Paragraph 1 of this I t
property damage, injudes, deaths, or damages arising from the DefUenicles and/or all
negative impacts that later result after the addition lo,f the ProgramImprovements. The
provisions this _ II survive the termination r expiration o,f the met
OwnerI Insulation Agreementm
undersigned that the terms and provisionsthisExhibit
�
shall be binding n, and Inure to the benefft of the undersigned andtheir respective
heirs, personal representatives, assigns,
WI m
E
PROPERTY OWNER:
Z- )nhioer4,47 L zi -9'�gnatura
Prmr t Name _ �... m
t
Printed me
m nature _ t*,
Pr1n N'' a
IT E
Signature
Printed Name
Signature
j Prfn Name _ a
te
IT POPE ,' E
Signature
Signature
_.._
d
Pi-nW Name
kntiid Name
#=rjft6d-Nam-
Exhibit D-Property Owner NoiseImulation Agreement Page 2S of2
V VENTILATION HOLD HARMLESS AGREEMENT
Exhibit
NoiseTo
Property Owner i t
1. In partial consideration of the compensation to be paid on behalfthe
County the Program for the Program Improvements to be made to the Property
descdbed in the Agreement of even date herewith (the "Agreement") between the County
and Property Owner and to which this Emhibft E is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors,
assigns of the undersigned, fiorever releases, remises, discharges, indemnifies
covenants not to sue, institute claims against, or institute-any proceedingsagainst, the
County, or any of its agents, officers, employees, nita and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and natureaccount of bodily injuries or death, damage to the
property and the consequences thereof, any of the foregoing hich may accrue to
the undersigned or their respective heirs, personal 'representatives, successors
assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against
said Countyr any of its officers, to nl and/or contractors to be
legally liable.
2. The Program Improvements may include the addition of acoustical
windows removal and infilling of 1h h- all" portable air conditioner units
and the addition of a replacement ductless "mini-split" air conditioning t use
these modifications will result in a tighter interior environment due to the elimination o
II passive inside 1 outside it leakage that was naturally occurring in all openings, t
Program ill also include the addition of a energy recoveryventilation ( ) unit which
ill provide an adequate cha of inside 1 outside air to the condominium as
required building .
3. Given the tightened interior environment of the treated condominium, the
Property er agrees to assumefull responsibility for the r operation the now
Program ductless tom and energy recovery ventilation ( V) unit to avoidthe
potential. for mold and moisture problems, especially ri periods when the
condominium is closed anduninhabited.
4. e to FAA eligibilitylimitations, the Program will not be providing
bathroom exhaust fan treatments. Sincet tubs and/or showers are a source o
moisture generationin the interior environment of a condominium, the Propertyr
agrees to assumefull responsibility for ensuring that all bathrooms have an operable
bathroom exhau n capable f properly exhaustingh of the exterior
of the building. It should also be noted that the original KWBTS condominium's were
constructed it ll wall vent that was designedto allowthe passive exhaust o
i it - e er o e Ta ' e t Page 26 of2
bathroom moisture in a central building exhaust shaft, DuHng the Program design
survey precess It was discovered the KWBTS buildings lack a solid central building
exhaustto this l tin ltlug these original ll vents till present)
have the t m tl l to providepathway for unwantedair, smoke and/or into the
condominium m interior. The Property Owner agrees to assume full responsibility for the
seailng of odginal wall vents in ll bathrooms and fbr any and all negative Impacts that
may It if left untreated,
w It is clearlybuilding l tl to ductn r exhaust to the
KWBTS central iexhaust shaft. In the event a Propertyr has Incorrectly
their laundry dryer vent to the KWBTS central building t shafts, they t
correct this fi 1properly exhausting their laundry dryer exhaust lug an
alternative mthe that meets u met buildingt their cost before the initiation f
this tr tl n process. Furthermore, the Property Owner agrees to assume
any andall liability l t to the improper ducting of their laundry r exhaust.
6. This Property Owner understands that the Pmgram Improvements nt ill not
address kitchen andbathroom ventilation and/or excessive interior humidity levels
generatedby the m it in the interior of the l luum . The
Owner understands and assumesfull responsibility for maintenance of interior moisture
and humidity levels. The Property Owner agrees to assumefull responsibility for any
occurrence, reoccurrence or worsening of moisture pmblemsand/or interior humidity
levels In the a In addition, the Property Owner agreles to assumeBall
responsibility fbr the maintenance and operation of the NIP venting modifications after
completion f the mom improvements.
7. The undersigned acknowledger that all of the reilease, hold
harmiless and indemnity u l pmvislons set forth in Paragraph 1 of this Exhibit E apply
injuries, deaths, or damages susWinedin connectionwith or as a f any andall
interior mall tl fll les arising after the addition f the m Improvements
Including, bmut not hmited to, high humildity, mold, mildew,-and/or lack of proper exhaust
ventilation. The provisionsf this f_._..__. shall survive the termination or expiration of
the Property Ownier Noise Insulaflon Agreement.
8. The undersigned hereby agree that the terms and provisions of this
ryExhibit E shall be binding
l a representatives,
thebenefit f the l rm their
respectiveheirs, macsassigns.
PROPERTY OWNER:
Inu t µ
Date
I mrut�a �
Exhibit E-Property Owner Noise Insulation Agreement Page
...... . ......
WITNESSES:
SIgnature
Printer!
Signature
Printed Nam bit—e —,
....................
WITNESSES: PROPERTY OWNER:"-"'
natu
81griature
. ............ ........
Printed Name
RnWd Name
iig—nei—u4-
D 6—
............................
Exhibit E-Property Owner Noise Insulation Agreement Pqge28qf28