09/18/2019 Agreement/Easement-C318 �d.
eY
Clerk of the Circuit Court&Comptroller®Monroe County Florida
DATE: April 21, 2020
i Uto,Airports
Business Manager
. qISUBJECrt
: September 18, 2019e 1 , 2020 BOCC Meetings
Enclosedis the diumh drive with dieNoise
Insulation Agreements (both documents scannedone document for sixty-five
participating units at y West by the Sea for the Key West International Airport Noise 'on
ConstructionProgram Building C je o enclosed are the originally recorded Easements
for THCs record.
Sliould you liave any questions,please feel free to contact me at(305) 5 .
CC: County Attorney
Finance
` e
MARATHONKEYWEST PLANTATION ..
BUILDING
3117 Ovemas HighwayiPoint Road
Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda
0 - 1 - 1305-852-7145
E=@Md_&m.dM
Heather P. Faubart Doe 0 220770 N*3929 pg#V
NIP Assistant Project Manager Rwm&d 4/21/2020 11:34 AM PaP I of 4
THC, Inc. Deed Doc Stump$0.00
710 Dacula Rd., it 4A#315 Filed and Rwankd in 0TXW Records of
Dacula, GA 30019 MONROE COUNTY KEM MADOff,CPA
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thi L day of
by'WLFREDO MELENDEZ JR. hereinafter referred to as"the Prrjoerty Owner," in
favor f the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic
and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Prop"Owner is the fee simple titleholder to certain real property(Inc Propertyu)
I ocated in Monroe County, Florida, more particularly described as follows:
Condominium Unit No. 318-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the
Declaration of Condominium thereof, recorded in Official Records Book 689, 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., Unk C31811
B. The BOCC is the owner and operator of Key West International Airport("the Alrporr) and
desifes to make properties that, thmugh 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 (ONIP").
C. Under the NIP, the Airport will design and install or pay for the installation of
improvements and modifications to the Prop"Owner's Property necessary to reduce
interior noise levels at least 5 d1B and to bring the average interior noise level below 45
dB in accordance with Federal Aviation Administration policy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement
will supersede any implied or prescriptive easements that the BOCC may have obtained
under applicable laws.
D. The funding source for said NIP will include funding from the United States Government
pursuant to the Airport and Airway Improvement Act of 1982, and will include funding
from the BOCC, acting in its capacity 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
Ri4waat'1 naikrpoirt—NIP—A—vigation Easement(unif 1-8) ---- —--—---------
NIP will benefit the Property Owner and the Property by providing oertain remedial sound
attenuation construction on all eligible residential structures an the property necessary
to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior-, noise level below 45 dB in accordance with Federal Aviation Administration
policy
F. The Property Owner fully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 Existing Condition Noise Exposure Map
accepted by the Federal Aviation Administration (1he FAK) on December 19, 2013.
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport
Improvement Program Handbook.
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
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 Avigatiori 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 Owner and its helm, 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 rfght to generate and errilt nolse and to cause other
effects as may be associated with the operation of aircraft over or in the vicinity of the
property. This Easement shall apply to all such aircraft activity at the Airport, present or
future, in whatever form or type, during operation at, on, to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easernent.
2. This Easement shall be perpetual in nature and shall it and run with the title to the
prop"and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
3. The Property Owner on behalf of the Property Owner, its helm, assigns and successors
in interest,does hereby release the BOCC, and any and all related parties of the BOCC,
including but not limited to BOCC members, officers, rnanagers, agents, servants,
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, attorney's fees or causes of action of every kind or nature for which the Property
Owner or its heirs, assigns, or successors currently have, have in the past possessed,
or will in the future possess, as a result of Airport operations or aircraft activities arid
noise levels related to or generated by Airport activity, or,may hereafter have as a result
of use of this Easement, including but not limited to damage to the above-mentioned
property or contiguous property due to noise, and other effects of the operation of the
Airport or of aircraft landing or taking off at the Airport.
key—waif Intemil-61-181 Awj�rt NIP--X—Agaitlon Es'-sie—mard—(Unit 0-6-31-8) _P_-a"g''e
. This Easement expresslyexcludes n reserves to the Property Owner and to the
Property is heirs, assigns nsuccessors in interest, claims. demands.
debts, liabilities, costs, attorneys' or expert's fee, or causes of action for
physical damage or personal injury n i r part of any aircraftusing
the Easement that does identifiable ph is l damage to the property or injury to a person
on the propertyby cominginto direct physical contact with the property or the person on
the .
5. Should either party hereto or any of their successors or assigns in interest retain
counsel to enforceof the provisions herein or protect its interest in any matter
arising under thi a ent, or to recover damages by reason of any allegedc of
any vision of this Agreement, the prevailingshall be entitled to all costs,
damages and expenses incurred including, but not limited t , ttore 's fees and
incurred in connection therewith, including p Il t ion.
provision of this Agreement is to be interpreted for or against any party becausethat
party or that legal representative drafted such provision. This Agreement shall be
interpreted and construed accordingto the laws of the State of Florida.
7. No breachrviion of this Agreement may be waivedunless in writing. Waiver of
any onebreach of any provision of this Agreement shall not be deemedto be a waiver
of any other breach of the same or any other provision of this Agreement. This Agreement
may be amended only by written instrument cut the parties in interest at the
time the modification. In the event that any one or more covenant, condition or
provision contained i is held invalid, void r illegal by anycourt of competent
jurisdiction, the same shall be deemed severable from the remainder of thisAgreement
and shall in no way affect, impair or invalidate any other provision hereof so long as the
remaining provisions not materially alter the rights n obligations the parties. I
such condition, covenant or other provision shall be deemed invalid due to this scope or
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the scope or breadth permitted l .
8. In the event the Airport shall be subdivided into more than one parcel, or the Airport or
portion thereof becomes subject to operation, n ent or administration by a party
in addition to or in lieu of the BOCC, then andin that event the parties agree that same
shall not terminate or otherwise affectthis Agreement so long as a portion of the Airport
continues to operatefor standard i ort flight purposes, that any such successor
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
II costs of maintainingn tin any sound attenuation materials andequipment
installed in thea by or an behalf of the BOCC.
Key West hmatlonal "I m..rt 1P—Avi ation Easement(Unit 31 ) mm _ _ ........ P e a of 4
This Easement Agreement is executed as of the date first V ri .
s�°Ut• ,j 'E F .vita
signaturo
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Printed Name -.,,.....
Printed Name
Date
F
STATE F
COUNTY F :a ..
The foregoing instrument was acknowledgedthis 2
by 4
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Property OwnerName(s)
"
Notary Public si� ,SII gnaturo My Commission Expires: �t
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MONROE COUNTY BOARD
F COUNTY COMMISSIONERS:
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WITNESSES:
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Signature - ,.` t{
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,ture
Printed Name
Pfl ...N� -n-
naiu
Printed
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledgedbefore me this s 20
YF,,,,,
Mayoras of the MonroeCounty Boord of CountyCommissioners,a body politic and corporate.
N Public sl n u
y Commission I °
I
., Ty,ATTORNEY
rr TO,
t I...... matl al o NIP- I__ Easement_----on ....nR 1 ) � =i m��"��k �� -
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G:��p P
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Address:
he Sea
.,, t % t
`t No.: C318
Narne(s), Melendez
AIRPORT,PROPERTY OWNER NOISE INSULATION AGREEMENT
MONROE COUNTY
THIS NOISEINSULATION (this ) is made and
effectivete last below writtens a municipal
corporation organized and existingr the laws of the Statef Florida (t w
and the undersigned ( ).
WHEREAS, tProperty Owner i the sole-recordowner in [ l f
certain l property located in the City of Key West, County of Monroe, state@ Florida,
and more particularly di t (t "Property"); and
the County is the owner and operator of the Key West
International Ai (t i ), situated in the CityWest, County of Monme,
Statef Florida, and in lose proximity to the Property,
WHEREAS, the County desiresto obtaint r the use and
benefit of the publicright t i t for aircraftlanding ,
taking off from, or maneuveringt the Airport,
WHEREAS, t r r has electedi i t in t t
International i i Insulation r (t "Program") the
Program, the Propertyr has electedt ti l treatments
improvements to the Propertyl ri f
hereto (the uPrograrnImprovements"); t Improvements to be paidfor by the
County t no costt the Property Owner and in exchange for the grantingto the County
f an avigationover, across and through the Property; and
the County will enter into tr tion contract with
general contractor (the wContractorg) i the installation
Improvements;
the Program is the consultant team consisting
team manager and assistant manager, architect, mechanical / electrical engineer,
acoustician and constructiont selected by the County ( )`
and
WHEREAS, t r r and the County mutuallyitagree
to the terms upon whichthe Property Owner will participate in r receive
the Program Improvements upon the terms and conditionsprovided herein;
THEREFORE, in considerationthe terms, t
conditionst forth herein, other good and valuablei t w the receipt
�x ..._ ... r
Propertye Noi I atio a nt p 1 of28
sufficiency of which are hereby acknowledged, the Property Owner and the County
hereby agree as follows:
1. Grant of Easernent. Simultaneously with the execution of this
Agreement, the Property Owner executed and delivered to the-County an avigation
easement (the mEasoment") which Easement has been recorded in the public records
of Monroe County, Florida. The Easement remains in full force and effect and is
hereby ratified in all respects.
2. rP Uoram Policy Statements. Consistent with the Program and/or
Federal Aviation Administration Airport Improvement Program policies and procedures,
the Program Manager has developed a series of Program Policy Statements outlining
construction and eligibility restrictions. The Property Owner understands that
prescribed Program Improvements will be consistent with the Program Policy
Statements provided to the Property Owner by the Program Manager. A copy of the
ProgramPolicy Statements is attached hereto as DLhibit A.
3. Payment of Pm-_gram la V The County agrees to pay for
the Program Improvements described in Exhibit C attached hereto. The Program
Improvements will be approved by the Property-Owner and County, managed by the
Program Manager, and performed by the Contractor.
4. ImPe The Property Owner shall not
impede 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, resuft 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.
® Pre- & Post-Constructio- r shall
meet all responsibilities and requirements pertaining to both pre-construction and post-
construction:
a. Prior to the start of NIP construction, the Prop" Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, coins, guns,
antiques, heirlooms, ate.) from their condominium;
(2) Moving of all furniture and belongings into the "Designated
Storage Space Area" within the condominium, providing the required "clear area" (white
Property 6;ner Noi 'l-muladon Agn-ewnt ... .... PW 2 of28
space in sketch) for the Contractor, When doing so, the Property Owner will have the
abIII ty to utilize the complete 'Lnoor to calling" space.
(3) Removing of all excessive furrilture 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 Tesignated Storage Space
Area";
(5) Removing all electronic and dust-sensitive it erns frorn their
condominium or wrapping with protective poly before storing them in the "Designated
Storage Space Area";
(6) Removing all wall hangings (such as mirrors, Pictures, hanging
shelves, etc.) and storing them in the "Designated Storage Space Arean;
(7) Moving all small items and belongings into either the closets or
bathrooms as outlined in the "Designated Storage Space Sketch"
b. After completion of the NIP construction, the Property Owner shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
Tesignated Storage Space Areas" back to their original positions in the condominium:
the condominium; (2) Moving of any excessive furniture and belongings back into
(3) Re-installation of lI wall treatments, door treatments and
wall 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 Pro-Construction responsibilities, the Property Owner shall be removed from NIP
participation and the Property Owner shall be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
d. In the event the Property Owner falls to perform any and all of the
above Post-Construction responsibilities, the Prop" 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. Impei tr i rt. Once construction of the Program
Improvements begins, the Property Owner, shall not impede construction or alter
construction schedules. In addition, the Pmperty Owner shall prevent any and all
tenants that rnay occupy the Property during the construction of the Program
Improvements from impeding construction or altering construction schedules. In the
event the Property Owner or any tenant occupying the Property impedes construction or
Property owner Noise Imulation Agreewnt Par 3 of 28
alters the construction schedule, the Property Owner shall be liable to the Contractor
and the County for any damages and all direct and indirect costs related thereto.
8. RSafe Worki it ner shall be responsible
for providing a safe working environment for the Program Manager, Contractor,
subcontractors, suppliers, and C4, County, State and federal inspectors.
a. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsible for:
(1) Providing a working environment that is free from potential
heaIt h risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any
kI nd and/or explosives-,
(2) Refraining from verbal abuse or profanity-,
(3) Refraining from aggressive physical contact; and
(4) Insuring that all pets are completely secured and contained.
b. In the event the Property Owner it to meet any of the foregoing
conditions, the Program process may, at the County's discretion, be temporarily
suspended at any time. in such event, the Program Manager shall notify the Property
Owner in writing, stating the corrective action(s) and/or condition(s) required to be
compIt ed or performed by the Property Owner prior to the County resuming the
Program process.
c. In the event the Program process is not resumed due to the
Property Owner's failure to complete the corrective action(s) and/or condition(s)
required by the Program Manager, the Property Owner shall be liable to the County
and/or Contractor for any and all damages and all direct and indirect costs related
thereto.
d. If the Program process is resumed, the Property Owner shall be
liable to the County and/or Contractor for any and all damages and all direct and indirect
costs related to or caused by the temporary suspension of the Program process.
9. Conigtruction Q_e1a a. During the construction period, the Contractor
may experience unforeseen complications relating to the installation of the Program
Improvements. The construction contract shall provide that delays related to these
unforeseen complications are beyond the control of the Contractor and shall be excused
so that the time fnr completion may reasonably be extended. Construction schedules
may also be revised if there is a delay in awarding of the contract or If the Program
Improvements have to be re-bid in the event of lack of bidding contractors and/or failure
of the lowest responsive, responsible bidder to execute the contract, provide a payment
and performance bond or show proof of required insurance.
10. Ch to a as 6 ng, Le-o-pe ofRork. The Program Manager reserves the right
to make changes to the plans and specifications and the Program Improvements, at its
aw lmdadon Agreement i�O—J�e;t—y&ner No .......P-a-g—e4 oft
soI e discretion, at any time during the Program process, provided such changes do not
reduoe the scope or quality of the Program Improvements described in 9Kh1b1t C and
such changes are necessitated by the discovery of hidden conditions not readily
detectable during normal property inspection procedures.
I I- Aqqgp-tance of Work. Upon completion of the Program Improvements,
I Program Manager shall inspect or cause the inspection of the Program
Improvements to determine if they were completed pursuant to the terms of the
contract. The Program Manager retains sole discretion and authority on program
conformance and performance issues as they relate to the Contractor, subcontractors,
suppliers and acoustic designs, The Property Owner is requested to attend the
Substantial Completion Inspection and provide input to the Construction Manager with
respect to the identified punch-list items. In addition, the Property Owner is welcome to
attend the Final Inspection. In the event the Property Owner elects to not affend the
Substantial Completion and Final Inspections, they release and surrender their ability to
provide input to the Construction Manager with respect to the acceptance of the
Program Improvements. In the event there is a disagreement between the Property
Owner and the Program Manager as to a conformance or performance issue, the
Property Owner shall be required to submit the discrepancy in writing to Monroe County
(representative to be defined before the NIP construction process) within 7 days of the
inspection giving rise to the discrepancy. Monroe County shall then make a
determination as to the acceptability of the conformance/performence issue and any
remedial action that may need to be taken. Monroe County shall be the final arbiter of
any conforrnarice/performance/issues- Failure by the Property Owner to submit the
written complaint within the time period specified above shall thereafter foreclose the
Property Owners right to file such complaint.
12. Termination qf Aqrsement, The Property Owner understands that
the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of
the Program Improvements to be performed in accordance with the Program.
Therefore, if the Property Owner attempts to terminate this Agreement or otherwise
I mpedes the progress of the performance of the Program Improvements after the award
of the construction contract, the Property Owner will be liable to the County for any and
aI l damages and all direct and indirect costs caused thereby.
13. I�Yarrzntjes. The County does not represent or warrant the level of
noI se reduction that the Property Owner will experience within the Property as a result
of the Program Improvements performed as part of the Program.
a. The County agrees that its contract with the Contractor will include
standard one (1) year warranties from the Contractor for all materials and workmanship.
Such one-year warranty period shall commence as of the time of the acceptance of the
work as provided for in Paragraph 9.
b. At the end of construction, the Program Manager will provide the
Property Owner with a Warranty & Final Closeout Package which will contain copies of
the warranty policies, product instructions, design documents and legal documents. As
a condition of receiving the Warranty & Final Closeout Package, the Property Owner
Pro r tt
JVOij��Imulation As mement
Page 5 of 28
must first submit a completedI r Owner Satisfi to the Program
Manager. After receiving the Warranty Final Closeout Package, # r
understandsthat t III for products used in the t tip oft
Program Improvements di t among productmanufacturers, In the event of claim, #
Property Owner is solely responsible for pursuing all future product warranty issues
directlyith each product manufacturer.
c. In the event of a clairn, the Property Owner shall be solely
responsible for, and agreesthe Contractor or product manufacturer directly t
coordinate y required warrantyis r to look solely # the l
contractor or the productgar fulfillment ll warranties and for resolution
of 11 product or construction warranty i g
(1) The Property Ownersinquiry is not directly relatedto either
construction warranties r product warranties (such as windowcleaning r product
Intenance) regardless of whether the Property Owners inquiry ises during tone-
year warranty period from theContractor orthereafter;
( r believes that warranty *servicei
required i# respect to constructionwarranty issues, t r warranty period
from the generalcontractor has expired;
( r believes that service is required
respect to product warrantyissues, the advertisedwarranty rig r the producthas
f expired, the manufacturer is currently conducting its business;
(4) The Property Owner believesthat service is requiredit
respect to productissues, the advertised warrantyrig for the r
has expired.
m Itln � i Owner ill I t
sign gLhibltl l I t) which will impute all
responsibility liability to the r for any and all present Pre-ExIsting
Deficiencies t the Property, r unseen.
15. Pre-Work R�qqlrsments. The Property Owner will be required
to I te any and all Pre-Work, as required the laccommodate
the l tip modifications. r r illill a I° tlete al
designated Pre-Workitems utilizl it f r Irli
established t I In thte the
designatedPre-Work y # # lip l lip , t r shall
be removed from NIPii ti wner s a eIlae # a County
and/or Contractor for any and all resulting ll direct and indirect
related thereto.
s # Kq _ t -Wired" l t � c In
compliancei t i f t 1 l ll r� t I f tBuilding
Department constructionr r ill be
requiredt install - l I ire #I it inium i
NOW NOW&OwnerJV0 InmiXion Agreement ofl
accordance with ll applicable codes and regulations by the required li
established the NIP. „ � n r iil ... tthe
smoke I t installed i i i i i I
ion
red"
t li I Ii r fromIparticipation. e removed
. i r _ .,• The Programprocess
temporarily t any time during i and/or construction
the discoveryf Deficiencies due to their potential impact on the Program
Improvements and product warranties. Program ill not resume until the
OwnerProperty has corrected all related problemsthe tl I n oftProgram
Manager. In the t repairs are not completed in a timely manner, the r
Owner will be liable to the County for any and all damages and all direct and indirect
costs due to delayn l r stoppages of the work.
. , ttI t the, 1
OwnerThe Property
agrees t t It ilmitat! n t nt I i f the
Property talterations
I r ti nt tin i ! walls from the time
the Design process untilthe constructionImprovements
completed. tions to this rulepre-approvedin writing
Failure to adhereto thisrequirement may, at the optionf the Program
Manager r in its ldiscretion,t result It immediate I f t construction f
the Owner will be liable to the
County r all direct and indirect ts associated with unapprovedalterations
damages related thereto.
19. Pre-andPost-Construction Ni �.,. ti Pr
ocess. -
post-
construction I testing i important Program r that is designed
measure and determine the actual achieved noiselevel reduction ICI at treated
properties. If selected by the ProgramManager for post-constructionnoise
testing, t r r provide t their- property for testing
agrees to nott I ti the interior f their t
repairsf i the i the pEg-construction noisep -t to the_p2st-
construction noiset to In an effort to insure consistent noise data collection, the
Property Owner also agrees to preserveinterior layout of furniture, r coverings
and windowtreatments frornI f t_ pre-constructi t-
. r I i t . -r r - rstal� t t f itdhere to
this i t may result. in corruptionthe noisetin t . Therefore, the
Propertyr understands they may be liable to the County for any directindirect
noise tin in the event these requirementst met.
20. Cooperation. reasonably , the Property Ownershall
cooperateit the Contractor, the Programr in the
performance f all phases of the Program Improvements including, but notlimited ,
the removal and reinstallationf rugs, wall hangings and furniture
Property
Owner Noin imulation Amewnt Page ,fi
21. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities such as light, heat, power and
water necessary to carry out the Program Improvements.
22. in i _ AcceLss. At scheduled times and/or upon
not less than twenty-f6ur (24) hours advance notice (via NIP email andlor letter), the
Property Owner agrees to provide to the Program Manager, Contractor, subcontractors,
suppliers, City, County, State and federal inspectors and consultants access to the
Property to collect and develop all final design and bid documents. These visks could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-noise testing and pre-bid visit. In the event the Property Owner it to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed from NIP participation.
23. r agrees to provide
access to the Prof i t ri t # led start of NIP
constructi i i it ill i t i the ability to ansure
that the Property lities. Failure could
resuI t in the suspensi l i r i roperty Owner shall
be liable to the County and/or Contractor for any and all resulting damages and all direct
and indirect costs related thereto.
® 'Pre and Post Construction Accoo . At scheduled times and/or
upon not less than twenty-four (24) hours advance notice (via NIP email andlor letter)
and per the established NIP construction schedule assignment, the Property Owner
agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City,
County, State and federal inspectors and consultants access to the Property to provide
all required NIP Pre-Construction and Post-Construction visits. These visits could
include, but not be limited to final measurement, pre-construction inspections, review of
Designated Storage Space requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner fails to provide access for all
required NIP Pre and Post Construction visits, the Property Owner shall be removed
from NIP participation and the Property Owner shall be liable to the County and/or
Contractor for any and all resulting damages and all direct and indirect costs related
thereto.
25. Const.ru,ction Period Access., Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will include the required number of calendar days to complete the NIP
construction in each of the participating condominiums. Based on this schedule, the
Program Manager will assign each Property Owner with a designated number of
calendar days in which construction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assigned time period. In
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period due to safety concerns and the potential to negatively
impact the Contractor. In the event the Property Owner falls to provide access for their
assigned construction tirne period, the Property Owner shall be removed from NIP
____ _. ..........
Property Owner Noise Imulation Agmewnt Page 8 of 28
participation r r shall be liable t r Contractorfr
any and all resulting damages and all direct and indirect t related thereto.
tr i ri i t rri i t I
t i ill i t t rr I t Ifor
tr l r t , t t I f t tmctor, in the event
threatof a of an approachingr ' r an actual hurricane event. Due to this
possibility, the Property Owner understandsthat delaysr in additionit
originally I construction time without any fault or cost to the Contractor
Programand r. Furthermore, the Propertyr agrees to relocate from their
condominium r all additional calendar days resultingfrom 1construction work
stoppagesrri threat or event at no cost to the County, Contractor r
Program r. In the event the Property Owner fails to providerequired
additional access to their condominium due to hurricane-relatedwork stoppages, the
Propertyr shall be removed from NIPparticipation the Propertyr shall
be liable t r Contractorf r any and allresulting all direct
and indirect related thereto.
® is rr ® i-ti - _ During In
event the Contractor
ti i i t t rduring 1
constructionr t negatively impact the installation of the NIPimprovements,
the Property Owner agrees to immediately it and remediatedeficiencies in
effort to reduoe any negative impact on the scheduled construction ri
Owner understands that, depending on the timing f t pre-existing ir,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Contractor.
f fr i i w, ii Construction
l .. t t r it iconditionsat
may arise 1 r tion may have the potential to increase the original
scheduled duration f construction, which is not the faultf the Program Manager nor
Contractor. The Property Owner needs to planfor 'Worst-case" possibility the
originally-scheduled cot ti 1 tlon date may be delayed a few additional days
unforeseendue to it iconditions t may arise and complicatethe NIP
construction,
. t li ,® The
unde nosI It Propertyr t, ins 11
ndow and
doors, the existing door treatments, blinds
compatible nor able to be re-installed due to sizere-instal differences the new and
existing i .
® istin i CrownMardi During the installation of the now
acousticthe NIP will be providingreplacement
interior trim sills. The Propertyr understands that the NIP replacementtrim
will not match customr specialized crownmolding r custom window
and r trim. After the completionf the NIPmodifications, the Property Owner will
have the abilitymodifications interior trim t their own .
A,operty Owner Noise Imulafton Agmeinent Page 9
31. Communication Reg_41rements. The Property Owner agrees to
read and review all NIP 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 requirerrient, it could result in removal from NIP participation.
32. Title Examination. The Program Manager has obtained or will
obtain, at its sole cost and expense, an uAbstract of Tftlee to ensure that the Property
title is free from liens and/or title defects.
33. Cogaerat! i l i I rior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with the
County in order to (i) correct any title defects affecting the Property which are disclosed
by the "Abstract of Title" and in the sole determination of the County may serve to
invalidate the Easement, and (11) secure the written consent of any and all mortgage
holders to the Property Owners conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the uT!tle
Matters"). If, prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
34. Federal—Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
a. The Property Owner shall subject the construction work on the
PrOject to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager and/or Monroe County.
b. After final completion of the Pmgram Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County bears any responsibility for maintenance and operation of
these items,
35. Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign gKhibit E (Ventilation —Hold Harmless Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
36. a va e of Materials &EquiQmq....L. 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 Prop" 'Owner shall arrange fort salvage of said
matedals and equipment directly with the Contractor at the Property Owner's sole risk
arid expense. The County assumes no responsibility for the condition of the material,
equipment or surrounding surfaces as a result of the owner-requested salvage. The
Property Owner and the Contractor shall, prior to the commencement of construction,
agree upon and execute a document listing those it to be salvaged. In the absence
Owwr Noise Inmdation Agmement j;;o—,wr —Pa,9—e10qf28 '
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. Proptqy lnsurancq. During Program construction period, the
Contractor will provide builder's risk insurance for the Property. The Property Owner
shall have the option, at the Property Owner's sole cost and expense, to maintain a
homeowner's insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, II ire final completion, the
Contractor's builder's, risk insurance will cease, and it is advisable fbr the Prop"
Owner to obtain insurance to cover any'value added to the Property by the Program.
38. Property Owner
understands that the ed the Contractor's
original proijected co o understands that
ja
the construction melrt l t l lr rr l lgenerate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
39. bo and
wrier releases and
Y �p
he Propert
to 0 S� inst th
L—�leas actions aga
ts d
a a r al Ma ria I �
forever discharges an or nd I claims, sul an Program Manager;
the County and 1 ice , �ants. and
ts rs employees, agents consult d contractors and
suppII ers with respect to lsSues relating to the Informance of labor, materials and
acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall
limit the warranties for materials and workmanship contained in the contract with the
general contractor.
40. 9jk-2f.EE2p9&. In the event the Property Owner sells, conveys or
otherwise transfers title to the Property before the completion of all phases of the
Program process, the Property Owner hereby agrees to provide the buyer with a copy
of this Agreement prior to the closing on the sale, conveyance or other transfer, and to
transfer all of the Property Owner's responsibilities and obligations under this
Agreement to the buyer as a condition of the purchase, conveyance or other transfer of
the Property.
41. Waiver. No waiver of, acquiescence in, or consent to any breach of
any term, covenant &r ltion hereof shall be construed as, or constitute, a waiver of,
aoquiescence in, or consent to any other, further or succeeding breach of the same or
any other term, covenant or condition hereof.
45 Release of Easement. In the event that this Agreement is
cancelled or the County determines that the Easement should be released of record,
the Property Owner, upon written request by the County, shall pay to the County the
sum of 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 tIle Property Owner's
responsibility to insure such payment is made in order to "clear" the title to the Property.
Property Ownff Noise Imulation 4mement Page 11 of 28
: esolution No. 111-
200-4,
duly motionst I Ili lip tin , f
authorityCounty Commission rch 2004, grant full
for t t h if of the
County without f sioners.
44. _ h � t this Agreement inch t following,
whichire r t into this_ at reference,
a. Exhibit A: Program Policyt nt .
® Exhibit : Legal Description of Property
c. Exhibit Improvements.
5 Exhibit Deficiency 1d Harmless Agreement
e. Exhibit Ventilation 1 r I Agreement
General45. Conditions.
a. ins 1 r t ti ,
_Costs, and Fees.,
1 t shall be governedconstrued i
accordance with the Laws of the Statef Florida applicableto contractsto be
performed entirely in the State.
In the that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this t, the
PropertyCounty and r agree that venue will lie in the r ri t r before
the appropriate it i t tg in MonroeFlorida.
Owner(3) The County and Property agree that, in the t of
conflicting interpretations of the terms or a term of this t by or between any of
them, the issue shall be submittedto mediationi the institution of any other
administrativer legal proceeding.
(4) The County and Property Owner agree that in the event any
cause f action or administrative proceedingis initiated or defended by any party
relative to the enforcement or interpretation of this tk the prevailingshall
be entitled to reasonabler , investigative, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediationproceedings
initiated n t to this r ll be in accordance withthe
FloridaI f Civil Procedure andn t procedures required the
circuit court of Monroe
b. Bindina. terms, itiprovisionsf
this Agreement shall bind and Inure to thet of the r r
and their respective legal representatives, assigns.
�: . . .. .««<_
Fro O 1 'on Agreement I f
c. 9—sverabirl-bL 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 Agreement
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. AMMoft. Each party represents and warrants to the other that the
execution, defivery 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 Agreement. 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 mTerm"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. AccepAance of Gifts Grants Lniatance —Eumd-s.. 2-r B-kqgests. The
County and Property Owner agree that each shall be, and is, empowered to accept fbr
the benefit of any or all of them, gift, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
9. Claims" for Federal or§t_ate Lid. 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.
h. A jiudication 2f Dis.outes Ir L_ _ The County and
Property Owner 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 remedy 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 understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination an the
basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973,
as amended (20 U.S.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 ownff NoW InmiationAgreement Page 13 of28
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
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 confident ial fty of alcohol and drug abuse patient records, (7) The Americans
With Disabilities Act of 1990 (42 U3.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. P poperation. 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 ecgWs, Ind Qqqumqn% 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 it purposes during the term of the Agreement and for four years
following the termination of this Agreement.
i. ovenant ft
g Qf No_ nterest. The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement.
m. Qo_de of Ethics. The County agrees that the officers and
empI oyees of the County recognize and will be required to comply with the standards of
conduct relating to public officers and employees as deline' ated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
w.
Noise ImuladonAgreenwnt — —----
j:�Opir�-�ner Page 14 of28
n. No 5SMI-CIN-1-10-0-1-PuMent. The County and Property Owner warrant
that, in respect to itself, it has neither employed nor retained any Company or per-son,
other than a bona fide employee worldng Sol*for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual,
or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of this provision, the Property
Owner agrees that the County shall have the light 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. Eublic Ac—cqss- The County and Property Owner shall it 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
receI ved by the County and Prop" 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
comply 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 possessi
con on
or under its rat subject to the provisions of Chapter I 19, Florida Statutes, and made
or received by the County and Prop" 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 rnay enforce the terms of this provision in the
forin of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
Of all attorney's fees and Costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult with 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
Nopffty owner of Imulation Agreew-rat
Pap 15 of28
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 perforrn the service. If the
Property Owner trimsfers 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 records disclosure requirements, If the Property
Owner keeps and maintains public records upon completion of the contract, the
Property Owner shall most all applicable requirements for retaining public records. All
records 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 County does not possess the
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 I 19, Florida Statutes, to the Property Owner's duty to provide public records
relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305)
292-3470.
p. Non-Waiver f 1MMunity. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the p icipation 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
deerned 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. E6yHRM Ind Lmmunitlep. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability,
workers' compensation, and other benefits which apply to the actMty 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. Lma—1 —0—b lid—ationa l—nd —NO_n-_De_'_e_gat!On 2f
StatutoM 2_ufies. This Agreement is riot intended to, nor shall it be
Constitutional or I
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 performance
thereof by any other participating entity, in which case the performance may be offered
in satisfaction of the obligation or responsibility. Further, this Agreement is not intended
to, nor shall it be oonstrued as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
Propeny owwr No'm Imulation Agmement Page 16 of 28
State statutes, case law, arid, specifically, the pmvisions of Chapters 125 and 163,
Florida Statutes.
s- jM0_n-ReIIItR_ce WN-on-Parties., No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and Property Owner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to inf6nn, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
Purposes contemplated in this Agreement.
t. &ftestations. The Property Owner agrees to execute such
documents as the County may reasonably require in the performance of the obligations
and duties of the County or Property Owner under this Agreement.
u. Ng No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no mernber, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this
Agreement.
v. Execution in Counterp This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
W. Section Headings. Section headings have been inserted in this
Agreement as a matter of oonvenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any pmvision of this Agreement.
ProPertY Owner NoW Ipmdadon Avvement
Pap 17 of28
IN WITNESS WHEREOF, the Property Owner and the County have
executed this Agreement as of the day and year first above written.
.... ........
WITNESSES: PROPERTY OWNER:
t
01-
IL
Pflr4ed ftme
wtwffie
Iza
Ar-le'Ld MIMI,
WITNESSES:
PROPERTY OWNER:
iii-nature -
Name
P�irrtad Name
Iiinature
Printed
ame
MONRbE C Oy NTY BOARD OF COUNTY COMMISSIONERS:
MAYOR /CHAIRMAN:
I,.,Attest!L kF_V1N'UA'00' k, CLERK Sylvia J. Murphy
By: k�
Deputy Clerk Signature
(L
ate
A
P
TIrr-190V ED txaprIbRim
.44
Property Owner Noise Insulation Agreement
Page 18 qf28
PEORLJ.MERCAF�j
AS,Ejj_STANIT� tjftlPy, N
Date_
PROGRAM POLICY STATEMENTS
■
Exhibit A
TO
Property Owner Noise Insulation Agreement
A. Air g: General Restrictions. it i i l i i-
li system to your condominium f the NoiseInsulation
modifications, l i limitations restrictions wii to all condominiums:
condensing i 1 1 be installedthe balcony
refrigerant1 All lines (running from l i its will be installed
consistent with KWBTS Board policyrules, maintainingiheight of 48
inches.
lines3. All condensate it installed on the buildingr consistent with
Board policy i to ensure the highest level of consistency and building
architecturali .
4. All interior lines t, condensate, electrical) Energy
Ventilator (ERV) ducts will be housed in new vertical1 and corner pilasters which
ill be constructed to matchi i iwells. The number and locations
of the new vertical li and comer pilasters will differ depending on your unique
condominium r plan and number of bedrooms. The NIPtip i will
reviewthis informationit t your NIP Designi ti ,
Only electrical service panelst i the Program Manager to be
deficientit the Program as a part of the NoiseInsulation r
modifications.
B. Window Sill Rgplacement. Due to the presence of asbestos, the NIPill provide
now;—custom wood surmund and sill instead of the existingsurround. Due
to this revised plan, existingt ili 1 , granite, ill not be replaced.
This revision wi i be an improvement, while decreasingconstriction improving
time i l .
CrownC. Custom
abatementThe new asbestos l t .,.
ill restrict the abilityremove existing
customtrim prior to constructioni if , which will not
allow sufficient i for the tr to secure custom matched
replacement trim, Therefore, existing crown moldings, wall trim, , the
contractor will, instead, cut the existingtrimt f f tpilaster r
t r i ifi i. t pilaster locations , If the infill abuts the existing
baseboards, the contractor l install -f " painted wood trim t
abut the existingtrim, rather than attemptingt the existingtrim profiles
and materials. After the completionf the NIPt tl , the propertyr will
j�xhtbit A-Property r Noise Insulation a nt Par 19 of28
have the optionto replace the installed trim it t r custom trim the existing
materials and pfil .
reshold Heights. Due to stringentFlorida1 i water
infiltration it i , all new aluminumacoustical prime entryswinging
sliding 1patio will have thresholdsthat are considerablyhigher (from
floor) existing door thresholds. higher doortare designed to
provideti protection to the interior of a condominiumfrom water Infiltration rig
Testinga hurricane.
E. KWBTS Asbestos
requiredAs t I requirements, testing ll
participating KWBTS coi t in Buildingsduring the November 2017
to April 2018 timeri i testing included l ti 7 to 9 samples at each
condominium include r int compound, window glazing, exterior
windowr caulking. In addition, random exterior I r collected
on t I building elevations.
Dependinglaboratory analysisf these samples, tasbestos
containing t the potentialt impact several areas of the NIP
construction to include:
window1 and acoustici installation,
r removal and acousticr installation,
removal of portable "through-wall"AC units and the infilli openings,
ceiling t required for installation of the ductless ,
wall cuts requiredfor the installationi ,
construction i i wall pilastersi r installation of the ductless
systemAC ,
construction l t soffit for installation
Asbestos Abatement Reguirements
In the event any samplesnpresence of asbestosii trill s the
awarded NIP contractor ill it t t following abatement
requirementsri construction:
If p w a Dresencef ACM
TR-e NIP contractor will be-required to comply withi t
include r respirators, i in all areas where the surfaces are disturbed
and the use f HEPA vacuum cleanersin i t
and/or
i it A-Property Owner Noise Imulation Agreement Page 20 of t
F
T full asbestos abatement procedures as
(EPA) to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, cjosejs�
windowsldoors), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
® Abatement and bagging of ACM (resulting from demolition process) by
certified asbestos abatement staff.
® it sampling of containment areas and clearance of all areas by certified
asbestos abatement staff to allow access to containment areas by traditional
(non-abatement)workers,
will be required to provide executive oversight of all ACM abatement
processes in all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines.
- The presence of ACM will have a significant impact on the NIP construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crows.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that minimizes the
disturbance of ACM to ensure the minimization of construction costs,
duration, and liability to the contractor and KWBTS property owners. This plan
will result in new property owner requirements and design restrictions which
are outlined below.
H. KWBTS BOARD Authorl# lQ-, n Decisions. The KWBTS Board will have the
Authority to make several of the Program design decisions to include:
1. Acoustical Window and Door Material
2. Acoustical Window and Door Color and Hardware Finishes
3. Acoustical Window and Door Operational Styles
4. Interior Ductless "Mini-Split"AC System Installation Requirements
5. Interior Ductless uMini-Split"AC System Interior Soffit Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
..... .........
ExhibitA-Property Owner Noue Imulafton Agreemgnt Page 21 of28
LEGAL DESCRIPTION
NoiseExhibit B
TO
Homeowner
Condominiumnit 318-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undividedinterest i iaccording
the DeclarationCondominium F recorded in Official Records
370, as amended from time time, mFlorida.
w_ .�
Exhibit - o per a' l a a rrt 22 of
PROGRAMIMPROVEMENTS
Exhibit
NoiseTO
Homeowner i t
This ___ fit C representsthe Program Improvement package for an eligible home that
Includes the Program Improvements developed by the Program Manager to reduce the
interior environment of a propertyby a minimum of five O decibels.
typical Program Improvement package may include:
Architectural Drawings
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging Prime Door( )
Replacement Aluminum Acoustical Sliding Glass Patio Door(s)
. .,,...
Exhibit - ro Owner Noise l 'o a n, a 23 o
DEFICIENCY HOLD
LESS
r,.._ AGREEMENT
Exhibit D
TO
Property Owner Noise Insulation Agreement
° In partialconsideration ti to be paid on behalf of the
County and the Program for the to be made to the Property
descdbed in the Agreement of even dateit (the 'Agreamenr) between the County
and Property Owner ® t this _ , the
m� undersigned,
for and on
behalf of the € heirs,
ip 8 representatives,, successors, and
assigns f Bhe undersigned, forever releases, remises, indemnifies!
covenantst to sue, institute claims , or institute any proceed! t, the
County, r any of its agents, officers, employees, r 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 foregoingi r the
undersignedtheir respective heirs, personal representatives, assigns
connectionit I i ti Deficiencies (t iencies") against said
County r any of its officers, agents, employees, r contractors to be
legally ll
Owner Property l responsibility r the
Deficiencies
present in the Property, whether visible to the Program Manager or
understands3. The Property Owner that the Deficienciesinclude
deficiencies t in the Property at the time execution I Icould
include, t not be limitedt , code violations, structural damage, watery moisture
damage, hazardous materials, infestation r any issue that would negativelyimpact
the installation Improvements.
I , t r t r may
identify °and document Deficiencies at any time throughout r rprocess
(including des bid and constructionprocesses), If identified documented, the
ManagerProgram it I t Deficiencies r" i r" a
Owner5. The Property assumes full responsibility for the worseningf any
documentedi t Deficiencies.
® the rare event !A Deficiencies identified the designt r r agrees to completet Property, to
t t f t r, preconditionf
constructionf the ProgramImprovements. In the rare eventt !! Deffolencies
uncoveredare ri the constructionperiod, the Propertyr agrees to complete
i t -Pro r r No' I io 24 of 2
repairsnecessary to the Property, to the acceptancethe Programr to
minimize ny delay or stoppages of work.
. The undersignedacknowledge that all of the release n of
harmless indemnity visions set fbrth in Paragraph1 of this gEhibit applyt
property , injuries, deaths, or damages arisingfrom the ti i nci and/or all
negative impacts that later result r the addition of the Program Improvements. h
provisions of this i II survive the termination or expiration of the Property
Owner Noise Insulation Agreement.
8. The undersigned y agree that the terms andprovisions this Exhibit
shall be bindingon, and inure tot benefit undersigned and their respective
heirs, I representatives, sucoessors and assigns.
PROPERTY QWNER,:
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Signature
f r '
rin Nam
IT ESSES: PROPERTY OWNER:
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Signature
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Rrinted Name
Pdnted Narne
PROPERTY
tTNE ; OWNER:
Signature
ri Name �
Print Name
Signature _
Pri d e
Date
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i i - o r o W 1pwidado eentenio
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit E
TO
Prop" Owner Noise Insulation Agreement
1 In partial consideration of the compensationi
County and the Program fort r Improvements to be made to the property
described in the Agreement of even date herewith (t the County
Ownerand Property and to whichis attached, t i r and on
behalf of the undersigned , personal representatives, successors, and
assignsI r releases, remises, discharges, indemnifies
covenants t to sue, institute l i against, or institute any pr i i , the
r any of its t , officers, employees, consultantsr contractors
concerning l claims, l r f i f
whatsoever i t it injuries} r death,,damage t
o the
property and the consequences thereof, and any oft foregoing whI t
undersignedthe r their respective heirs, personal representatives, successors and
assignsi i it all Ventilation i ( 'Deficiencies") against
said County or any ofi i , employees, consultants and/or contractors
legally i .
2. The Program Improvements may includeaddition f acoustical
windowsfilll f "through-wall, portablei iti r units
and the additiont ductless "mini-split" it conditioning system.
these modificationsill result in tighter interior i t due to the elimination
I passive inside i it leakage that was naturallyoccurring in all openings, the
Programill also include the additionventilation ( it which
ill provide an adequatef inside i it to the condominium
required building
Given3. the tightened interior environment of the treated condominium, t
Propertyr agrees to assume fullresponsibility r the proper operation of the new
Programless AC system and energy recovery ventilation ( it to avoid
potential for moldi 1 especially rig the
condominium is losed and uninhabited.
4 Due to FAA eligibilitylimitations; the Programit t be providing
bathroomt fan treatments, Since bathroomtubs and/or showers are a source of
moisture ti in the interior i l i , the Property Owner
agrees to assume fullresponsibility for ensuring that all bathrooms
exhaustbathroom fan capablef Properly exhaustingr i t to the exterior
f the building. It should alsot the original KWBTS condominiums
constructed it lwall vent that was designedto allowthe passivet of
Exhibit E-Property Owner Noise Insulation 4mement Page
... of 2
bathroom moisture in a central building exhaust shaft. During the Program design
survey process it was discovered the KWBTS buildings lack a solid central building
exhaust shaft. Due to this existing condition, they original wall vents (if still present)
have the potential to provide a pathway for unwanted air', smoke and/or gases into the
condominium interior. The Property Owner agrees to assume full responsibility for the
sealing oforiginal wall vents in all bathrooms and for any and all negative impacts that
may result if left untreated.
S. It is clearly a building code violation to duct laundry dryer exhaust to the
KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted
their laundry dryer vent to the KWBTS central building exhaust shaft, they agree to
correct this deficiency by properly exhausting their laundry dryer exhaust in an
alternative method that meets current building code, at their cost before the initiation of
the Program construction process. Furthermore, the Property Owner agrees to assume
any and all liability related to the improper ducting of their laundry dryer exhaust.
® The Property Owner understands that the Program Improvements will not
address kitchen and bathroom ventilation and/or excessive interior humidity levels
generated by the Property Owner within the interior of the condominium. The Properly
Owner understands and assumes full responsibility for maintenance of interior moisture
and humidity levels, The Property Owner agrees to assume full responsibility for any
occurrence, reoccurrence or worsening of moisture problems and/or interior humidity
levels in the Property. In addition, the PMperty Owner agrees to assume M1
responsibility for the maintenance and operation of the MID venting modifications after
completion of the Program Improvements.
7. The undersigned acknowledge and agree that all of the release, hold
harmless and indemnity provisions set forth in Paragraph I of this gKhlblt 9 apply to
injuries, deaths, or damages sustained in connection with or as a result of any and all
interior ventilation deficiencies arising after the addition of the Program improvements
including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust
ventilation, The provisions of this EEk!Lhibit E shall survive the tennination or expiration of
the Property Owner Noise Insulation Agreement.
S. The undersigned hereby agree that the terms and provisions of this
abibit E shall be binding upon and in to the benefit of the undersigned and their
respective heirs, personal representatives, successors and assigns.
WIThl E
PROPERTY OWNER,
S19118tul's
CU,
T
POnted N ame
I natuiIiI e
dnted Name d7 Date
Exhibit E-Property owner None bwulation Agreement Page 27 of 28
OPERTY OWNER:
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PROPERTY OWNER:
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Signature
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i it -Pro a rrer Naw insulation Agreement Page 28 of2