09/18/2019 Agreement/Easement-C320 �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
Pro)ared By
n.Return urn To.
Heather P. Faubert1
IAssistant Project Manager i ro 11. i s
, Inc.
710 Dacula Rd., Suits 4A#315 Dead Doc StMP SO-00
acuia, GA 30019F• of
Key West International Airport
Noise Insulation Program
AVIGATION EASEMENT
THIS EASEMENT AGREEMENT is entered into this day of
", hereinafter referred/t
Property r," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, politic " hereinafter referred to as mBOCC."
OwnerA. The Property is i titleholder t I ("the Property')
located in ri , more particularlydescribed follows:
Unit No. CORAL condominium, together
with an undividedinterest in the common elements, according to the DeclarationCondominium
thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, f the
Public Records of Monroe County, Florida.
also identified t : 1
0 ., Unit C320"
operatorB. The BOCC is the owner and Intemational Airport("the Airport")
desiresto make propertiest, through interior noisetesting, deterinined
incompatible as a resuIt of their exposure to aircraftI i t residential
purposes through the implementation i Insulation " i " .
C. Undert , the Airportill design and install or pay fort installation
improvementsi ti the Property Owners Property necessary to reduce
interior noise tleast 5 dIB and to bringt i l below
in accordance withi Aviation Administrationll ing of an Avigation
Easement t") icondition fparticipationI t
ill impliedr prescriptivethe BOCC may have obtained
under applicable laws.
fundingD. The r said NIP will include funding i
pursuant to 1 " and VAII Include funding
from the BOCC, actingin its capacity as the owner and operatorthe Airport.
E. The Property Owner desires to participatein the NIPinto a Property
NoiseOwner Insulation t with the BOCC. The BOCC'simplementation of the
kei,wii ____i I r l I — 1 t is ) f or
"
NIP will benefit the Property Oy4ner and the Property by providing certain remedial sound
attenuation construction on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average
interior noise level below 45 dB in accordance with Federal Aviation Administration
policy.
F. The Property Ownerfully understands that the NIP eligibility could change at some future
time, but is currently based on the 2013 Existing COndifion Noise Exposure Map
accepted by the Federal Aviation Administration ("the FAA") on December 19,
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,forand 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
partI es, and in consideration and incorporation into this Avigation Easement of the recitals
set forth above, the Property Owner and the BOCC agree as follows:
1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all
successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its
successors and assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the flght 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 form or type, during operation at, on, to or ftm the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easement.
2. This Easement shall be perpetual in nature and shall bind and run with the title to the
property and shall run to the benefit of the BOCC or its successor in interest as owner and
operator of the Airport.
& The Property Owner on behalf of the Property Owner, its heirs, assigns and successors
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, managers, agents, servant%
employees and lessees, from any and all claims, demands, damages, debts, liabilities,
costs, aftomey's fees or causes of action of every kind or nature for which the Property
Owner or its helm, assigns, or successors currently have, have in the past possessed,
or will in the futu m posses6, as a result of Airport operations or aircraft activities and
it 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 aff at the Airport.
Key West IntemsVonal Airport NIP—Avigeflon EssameM (_UF11t Page 2 of 4
. This Easement expresslyl the Property Owner and to the
Property Owners heirs, assigns and an ul terest, claims, demands,
damages, debts, liabilities, costs, attorneys' r expert's fee, or causes of action for
physical damage or personal in aircraft r of a i t ul
the t thatidentifiable the pmperty or injury to a person
on the property by coming into direct physical contact with the property or the person on
the
W Should either party heretor any of their successors or assigns iinterest retaIn
counsel to enforcethe provlMonsin or tect its interest in any matter
arising under this Agreement, or to recover damages by reason of any alleged breach of
any . i n of this Agreement, the MIDI art shall ll titl to all costs,
damages and expenses incurred ncl i , but not limited to, attorneys fees and costs
incurred in connectiontherevWth, including a1 It t ion.
provisionthis Agreement is to be Interpreted for r against any party becausethat
party r that partys legal nt tip such provision. This t shall be
interpreted and cn tru i to the laws of the State l .
T No act of anym 'm rm of this t lved unless in writing. Waiver of
any one breach iof n visa rm this t l t waiver
of n other r the m, �any other provision ofthi g r a t. This t
may be amended only written instrument executed by the partiesin interest at the
time the m i ti u , In the event that any one or more a t, condition or
provision containedr u l ulna Hd, void or Illegal by anycourt of competent
jurisdiction, the samel be deemedfrom the remainder this Agreement
and h ll in no way affect, impWr or invalidate anyother provision hereof so long as the
remaining pr isi t matedaHy alter the rights nd oUlgations of the ales. if
such condition, a nt or other provision shall be deemedlnvaM due to this r
breadth, such covenant, condition or other provision shall be deemedvalid to the extent
of thh r breadth permittedlaw.
8. In the event the Airport shall be subdivided into than one parcel, or the Airport or
portion� rm t � tt t � � t t �tt't�� �uultr t
ion by a party
w agreethat same
shiaH not terminate or otherwise affect this meat so long rtm n of the Airport
continuesto operater standard airportflight purposes, and that any such successor
in interest to the BOCC shall be entitled to all of the benefits i to t
hereunder.
costs9. The Property Owner agrees that the Property Owner shall bear and be responsible for
all maintaining and operatug und attenuation mat rt a u t
installed in the Propertyr on behalf of the BOCC.
o i yr .....
_ _
n Ear (Una Pugs
This Easement Agreementis executedfirst v ri .
SignaturePROPERTY OWNER: ERTY OWNER�,,
r -
` tuew
Printed Printed a
me
bite
�.a.- e �
Date
STATE OF C
COUNTY 0
y
The f9r.eq,olng instrument was acknowledged before me this day ofby
Al
20
r Name(s)
y commissim, J98111121
Puble L
Walm
N 'tary Public Signature My ,
$ Laplta�G01111�D�f
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAY
gnaj
au _
Prin sme
P'r�nt�:Narrt
SIgnabire
Pn NamK CLERK
e_ a. i
STATE L I
COUNTY OF MONROE
.�
The foregoing instrument was acknowledgedthis day of
2
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Notary Public Signature
Commission Expires.
s i frViD F'4" .
v
Kay West lntemaBonal Airport NIP—Avigatfon Easement(Unit#C320�
14SSFS�r k �, � N Page 4 of 4
{
vWest by the Seq
' .. 32
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNATIONAL AIRPORTv MONROE COUNTY
THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and
effective the date last below written by and between MONROE COUNTY, a municipal
corporation organized and existing under the laws of the State of Florida (the 'County'),
and the undersigned (the "PropsOwner-).
I :
WHEREAS, the Property Owner is the sole record owner in fee simple of
certain real property located in the City of Key West, County of Monroe, State of Florida,
and more particularly described on Exhibit B attached hereto (the " roe '); 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 "Program") and, as part of the
Program, the Property Owner has elected to obtain acoustical treatments and
improvements to the Property as more particularly described on Exhibit C attached
hereto (the "Program Improvements'); said Program Improvements to be paid for by the
County at no.cost to the Property Owner and in exchange for the granting to the County
of an avigatlon easement over, across and through the Property; and
WHEREAS, the County will enter into a construction contract with
general contractor (the -Contractor") to provide the installation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultant team consisting of
team manager and assistant manager, architect, mechanical 1 electrical engineer,
acoustician and construction manager selected by the County (the "Program am");
and
WHEREAS, the Property Owner and the County mutually desire to agree
to the terms upon which the Property Owner will participate in the Program and receive
the Program Improvements upon the terms and conditions provided herein;
NOW, THEREFORE, in consideration of the terms, covenants and
conditions set forth herein, and other good and valuable consideration, the receipt and
�__...._ __....® .......®.........
_
NoisePropeny Owner ltio ent Page l o
sufficiency of whis ckno led , the Property Owner and the County
hereby agree as follows:
1, Grant of Easement. Simultaneously withthe execution of this
Agreement, the Property Owner executed and deliveredthe County an avigation
easement (the "Easement") which Easement has been recorded In the public records
of Monroe County, Florida. The Easement remainsin full force and effect and i
herebytifi in all respects.
. P111 ollc YStatements. Consistent with t for
Federal Aviation Administration Airport Improvement policies and procedures,
the Program Manager has developedseries of Program Policytoutlining
construction and eligibility ri ions. The Property Owner understands that
prescribed Improvements ill be consistent with the Program Policy
Statements vide the Property Owner by the Program Manager. A copy of the
Program Policy Statements is attachedt 1 It .
3. Payment of Pwram lmorovements. The Countyr
the Improvements descri d in Exhibit C attachedto. The Program
Improvements will be approvedby the Property Owner and County, managed the
Program Manager, and performedthe Contractor.
4. Immpporia-competitive _id Process. The Property Owner shall not
impede rinterferert t ont or' ability
to selectvproduct
manufacturers and subcontractors in the preparationbid submittals. o insure a
competitive ! nvi nt, the Property Owner is prohibitedhaving any
discussion or communication withthe Contractor in. relation to the Program, the
contractor's bid, or this Agreement until after award of the construction contract by the
County. Failurethe Property Owner to complyit 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 nsistent with Federal and County competitivebidding policies
and procedures. The contract will require the Contractor to complete the
Improvements ithi time period fine by the Program Manager.
6. Pre- nst _ ion a on ib li i s. The Propertyr shall
meet all responsibilities and ! nt rt ii to both pro-construction and post-
construction:
a. Prior to the start of NIPion, the Property Owner shall meet
all Pre-Construction requirements to include:
(1) Removing all valuables (such as jewelry, ins, guns,
antiques, heirlooms, etc.) from their condominium;
( ) Moving of all furniture and belongings into "Designated
Storage " within the condominium, providingthe required 'clear " (white
o' 2 of 2n
space in sketch) for the Contractor. When doing so, the Property Owner will have the
abIll ty to utilize the complete "floor to ceiling" space.
(3) Removing of all excessive furniture and belongings from the
condominium that YVIII not fit in the "Designated Storage Space Area";
(4) Removing all YAndow and door treatments (such as blinds,
drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space
3w®
(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 them in the "Designated Storage Space Area";
(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
"Designated 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 it 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 Pre-Construction responsibilities, the Property Owner it 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 perforrn any and all of the
above Post-Construction responsibilities, 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. ILn2eq Ing 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 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
.............
P�vp"Owner Noise Imulation Agreement Page 3 of 28
lt the construction schedule, the Property Owner shall be liable to the Contractor
and the Countyfor m, and all dlrect and indirect costst thereto.
8. Safe Working, Environment. The Property Ownershall be responsible
for providing a safe workingnot for the Program Manager, Contractor,
subcontractors, suppliers, n City, County, State andl Inspectors.
W Throughout all phases of design and constructionof the Program
Improvements, t nr shall be responsiblefor:
.(1) Providing a workingnot that is free from t nnti
health dsks, biahazard conditions, hazardous chemicals, obstacles, weapons of any
kipd and/orexplosives-,
Refraining r profanity;
Refraining ressive physical contact; and
Insuring that all pets arecompletely red and contained.
. In the t the Propertyr falls to meet any of the foregoing
conditions, the Program process may, at t ours ' discretion, t �
sup t any time. In such event, t r shall notify the Property
Owner in vMting, stating the correctiven and/or condition(s)
completedr performed by the Propertyr prior to the County resumingthe
process.Program
c. In the event the is not resumed due to the
Property Owner's failure to completethe correctiveto n and/orcondition(s)
required by the Program Manager, the Property Owner shall be liableto the County
and/or Contractor for any and alland l and indirect t related
thereto.
® If the Programresumed, the Property Owner shall be
Hable to the urn and/or Contractor for any andall damages andall direct and lndlrect
costst r caused by the temporary suspension of the Program process.
9. r ,, During the construction period, the Contractor
experiencemay n nn complications relatingto the Installation of the Program
Improvements. The construction contract shall provide that delays reiatedto these
unforeseen i ti nns are beyond the controlof the Contractor and shall be excused
so that the time r completion may nn ly be extended. Construction schedules
may also be revised It there is a delay In awarding of the contract or It the Program
Improvements to be re-bld In t t bidding contractorsand/or failure
of the lowest responsive, responsible bidder to executethe contract, provide a payment
and performance n r show proof of required Insurance.
t . Changes to,SCODe ofWork. The Program Manager reserves the right
to make changesto the plansspecifications aun the ProgramImprovements, atits
__ ______................... .....
P?openy Owmer Noise Insulation Agreement Page4of2
sole discretion, t any time uric the I h changes do not
reduce the scope or quality of the ProgramImprovements in Exhibit
changesSUGh It t the discoveryf hidden conditions t readily
detectable I property inspection procedures.
1. AGceptanoef Work. Upon completionf the Program Improvements,
the Program Manager shall inspect or cause the inspection of the
Improvements to determineIf they were completedpursuant to the terms of the
contract. The Prograrnr retains solei t tl th rl n program
conformanceissues as they relate to the Contractor, subcontractors,
suppliers and 8GOUStiGdesigns. The Property Ownerl t to aftend the
Substantial I tl Inspection i input to the ConstructionManager with
respect to the identified ti punch-list items. In addition, the r is welcomet
attend the Final Inspection. In the event the Property Owner elects to not attend the
Substantial Completion and Final Inspections, they release and surrendertheir III t
provide input to the Construction Manager with respect to the acceptancef the
Program In ® In the rat there is a disagreement between the Property
Owner and the Program Manager as to a confbrmance or peribrmance Issue, the
Property Owner shall be requiredto submit the 1 in writingto Monroe County
(representative to be defined bekm the NIP constructionwithin 7 days of the
inspection l l rise to the i r ym Monroe Countyshall then make a
deterTnination as to the 8GOeptabilityof the fa / issue
remedial I that may need to be taken. Monroe County shall be the final arbiter of
y conformance/performance/issues. FaII the r to submitthe
written m I I t within the time ifl II thereafter foreclose the
Property Owners right to file I i t.
2 . Termination pf A , reernent. The Property Owner understands that
the I nip f this m t Initiates t the I TI f
the Program Improvements to be performed in accordance withthe Program.
Therefore, if the Property Owner attempts to terminate this rat or otherwise
impedes the f the performance of the Improvements r the award
f the construction nt , the r will be liable to the County for any and
all damages and all direct and indirect costs caused thereby.
1 ® Warranties. The County does not represent or warrant the level of
nolse reductionthat the Property Owner will experlence withinthe It
f the Improvements f the m.
a. The County r that its contract with the Contractor will include
standard1 year warranties from the Contractor for all materials and workmanship.
Such one-year warranty periodshall commence as of the time f the acceptancef the
providedwork as for in Paragraph 9.
m At the f construction, the Program Manager will provide the
OwnerProperty with a WarrantyFinal Closeout Package whichill contain copiesf
the are 11 1 instructions, l t legal documents. As
condition f receiving the Final Closeout Package, the r
Owner Noise Insulation t Page 5 of 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 Contractor or product manufacturer directly to
coordinate any required warranty service and agrees to look solely to the general
contractor or the product manufacturer fbr fulfillment of all warranties and for resolution
of all product or construction wairranty issue(s):
(1) The Property Owner's inquiry is riot directly related to either
construction warranties or product warTantles (such as window cleaning, or product
maintenance) regardless of whether the Property Owners inquiry arises during the one-
year warranty period from the Contractor or thereafter;
(2) The Property Owner believes that warranty, service is
required with 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 pedod for the pmduct
has expired.
14. Pre-Existino Deficiencies. The Prop" Owner will be required to
sign Exhibit Q (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 Pmperty, whether seen or unseen.
15. Pre-Work-Remmmm.eauirements. The Property Owner wilt be required
to complete any and all Pre-Work, as required by the NIP to successfully accommodate
the NIP acoustic modifications, late all,
desianated Pre-Work it utilizing their own funds'and per the required deadlines as
established bv the NIP. In the event the Property Owner falls to complete the
ulgnated Pre-Work items 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.
I& Cijy_qf Key West "Hard-Wired" Smoke Alarm Rqgg�iremen�t. In
compliance YAth 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-volt "hard-w1red" smoke alarms in their condominium in
................... .........................- I
Propery Owner Noise I adon Agreement Page 6 of 28
accordance with all applicable codes and regulationsthe requireddeadline
established the . TheProjoerty Owner will uusuusuv.
smoke 1 t installedi ltl the condominiuml
modification ill occur, to avoidany potential !Mpedance to the NIPt .
pr_ .n I t t t r it t ire t ll th 1 .t " - 1 "
alarmssmoke the established1 lip , the Property Ownershall be removed
from NIP pprticipation.
t . Sl fram Process. The Program
temporarily suspended at any time during the designn l r construction
the discoveryf Deficiencies due to their potential impact on the Program
Improvements tles. The Program process will not resume until the
Property Owner has corrected all related problemsto thesatisfaction f the Program
Manager. In the event repairs are not completed in a timely r, the Property
Owner ill be liable t r any and all damages and all direct and indirect
costs due to delayr stoppages of the work.
. Limitation on Alterationsto the_Propeq . The Property Owner
agrees riot to make alterations, r to permitany tenant occupyingi f the
Property to make alterationsto the existing , r walls from the time f
the Design prDcoss until the construction of the Improvements
completed. ti to this1 t in writing by the
Manager. Failure to adhere to this 1 t may, at the option f the Program
Manager in its1 i ti , result In immediate r i f the constructionf
the Program Improvements the Property. The Property Owner will be liable to the
County for all direct andindirect t associated ith unapproved alterations
damages related thereto.
. Pre and Post-Constructioni l Process. - & post-
constructionnolse testing is a very important Program process that is designedt
measuren determine the actual achieved noiselevel reduction level attreated
properties. lf selected by the Program Manager f post-construction i
testing, the Property Owner agrees to provideto their property lbr testing rr
agrees to not to ma'ke alterationst theinterior f their if fexception
repairs fes) from the time f the gre-construction noiseto the
construction _ test. In an effort to insure r' i t t noise datacollection, the
Property Owner also agrees to preserve the interior layout of furniture, r coverings
and window treatments -post-
construction time f t g t i of test t _ t
. The Property Owner uriderstands that the failure to adhere t
this i t may result in corruptionf the noisetesting . Therefore, the
OwnerProperty understands they may be liable to the County for any directindirect
noisetesting t in the t these requirementst met.
20. Cooperation. As reasonablyrequested, the r. shall
cooperate `t the Contractor, the Program Manager and Monroe County in the
performancef all phases oftheImprovements including, t not limited ,
the removal and reinstallationf rugs, wall hangings and fumiture as necessary.
................................ .
Owner Noise ImWafionAgreement a 7of2
1. Utilities. The Property Owner shall permit the Contractor to use, at
no cost to the Contractor or the County, existing utilities light, heat, power and
water necessary to carry out the Program Improvements.
22. inn and BidProcess Access. At scheduled times and/or upon
not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the
OwnerProperty agrees to provideto the Program Manager, Cordractor, subcontractors,
suppliers, it , County, StateI inspectors and consultants the
Property to collectdevelop all final design and bidoc n . These visits col
include, but not be limited t , property survey, i , hazardous material
inspection, -noise testing pre-bid visit. In the event the r falls
provide s the Property for all required NIPsin and BidProcess visits, the
Property Owner shall be removed from NIPparticipation.
23. Pre-Construction Access. The Property Owner agrees to provide
accessto the Property - i t ( ) hours prior to the scheduledI
construction. This short visit will provide the Program Manager with the abilityto ensure
that the Property Owner has met all furniture storageof ilii . Failure could
result in the suspension of the scheduled NIPconstruction and the Property Owner shall
be liable the Countyfor Contractor for any and all resulting damages andall direct
and indirect sts related thereto.
24. Pre and t Construction Access. At scheduled i for
«.
upon not less than twenty-four ( ) v tic (via ! Il andlor l r)
and per the establishedI n t ion schedule ssi n nt, the Property Owner
agrees to provideto the Program Manager, Contractor, subcontractors, u lie , City,
County, State and federal inspectors and consultantsto the Property to provide
II required NIP - o ion and Post-Construction visits. These visits could
include, not be limited.to final measurement, pre-construction inspections, review o
Designated torage Space requirements, post construction inspections and post-
construction noise testing. In the event the Property Owner falls to provides for all
requiredIP Pre and Post Construction Visits, the Property Owner shall be removed
from NIPparticipation and the Property Owner shall be liable t for
Contractor for any and all. resulting damages and all direct and indirect costs. related
thereto.
25. Construction Period Access. I st ion
contract, the Contractor will provide the Program Manager with their final construction
schedule, which ill include the required number of calendar days to completeI
construction in each of the participatinginiu this schedule, the
Program Manager will assign eachr with a designatednumber of
calendar in whichconstruction will occur in their condominium. The Property
Owner agrees to relocate from their condominium for the entire assignedi rio . I
addition, the Property Owner agrees not to re-enter their property for any reason during
their assigned construction period dueto safety concernsthe potential to negatively
impact the Contractor. In the event the Property Owner falls to provideaccess for their
assignedt ion time period, the Owner shall be removedfrom NIP
Ownero e Insulation of 28
participation and the Property Owner it be liable to the County and/or Contractor for
any and all resulting damages and all direct and indirect costs related thereto.
26. Construction Period Extension Due to Hurricanes. Since the NIP
construction period will extend into the Key West hurricane season, there is potential fbr
construction delays and/or stoppages, beyond the control of the Contractor, in the event
of a threat of an approaching hurricane and/or an actual hurricane event. Due to this
possibility, the Property Owner understands that delays May Occur in addition to their
originally assigned construction time period, without any fault or cost to the Contractor
and Program Manager. Furthermore, the Property Owner agrees to relocate from their
condominium for all additional calendar days resulting from NIP construction work
stoppages due to a hunicane threat t at no cost to the County, Contractor and/or
Prograrn Manager. In the event the Prop" Owner falls to provide the required
additional access to their condominium due to hurricane-related work stoppages, the
Property Owner shall be removed frorn 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. Discovefy Of Pre-Exim.sting Defic( During Construction. In the
event the Contractor discovers pro-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 thetiming of the pre-existing deficiency repair,
the NIP construction period may need to be extended, at no fault of the Program
Manager or Con-tractor.
28. Impact of Unforeseen KWBTS Building Conditions on Construction
Schedule. The Property Owner understands that �_nforeieen—bullding 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 uworst-case" possibility that the
originally-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. Existine Window / Door Tregtylentp, Shades and Blinds. The
Property Owner understands that, after the installation of new NIP acoustic Andow 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. Existing Crown MoWIM During the installation of the new
acoustic windows and doors, the NIP will be providing new 'wstanidard" replacement
Interior trim and sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown molding patterns and/or custom window
and door trim. After the completion of the NIP modifications, the Property Owner will
have the ability to make modifications to the NIP interior trim at their own expense.
—----............................. ........................-_—-—-------- ........ .......
Property Oymer Noise Insulation Agreement Page 9 of28
31. Communication Requirements. The Property Owner agrees to
read and review all NIP emall s 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 out result in removal from NIP participation.
32. Title Examination. The Program Manager has obtained or will
obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property
title is free from liens and/or title defects.
® Cooperation in Clegfinq_lft. Prior to the commencement of
construction of the Program Improvements, the Property Owner shall cooperate with 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 1he Easement, and (11) secure the written consent of any and all mortgage
holders to the Property Owner's conveyance of the Easement to the County if the
County determines that it is necessary or desirable to do so (collectively, the "Title
Matters"). If, pflor to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affecting the Property
may invalidate the Easement, this Agreement shall be null and void, and the Easement
shall be terminated.
Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions.
a. The Property Owner shall subject the construction work oath
project to such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
be requested by the Program Manager and/or Monroe County.
b. After final completion of the Program Improvements, the Property
Owner shall assume the responsibility for maintenance and operation of the items
installed, purchased or constructed under this Agreement. Neither the Federal Aviation
Administration nor the County beam any responsibility for maintenance and operation of
these items.
35. Reduction of Fresh Air Infiltration. The Property Owner will be
required to sign F-ghibit E (Ventilation Hold Harmless Agreement) which imputes all
responsibility to the Property Owner for the proper maintenance of interior moisture and
humidity levels.
36. Salvage of Materials & E u-Ipment. 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
matedals and equipment directly with the Contractor at the Property Ownees sole risk
and expense. The County assumes no responsibility fbr 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 the !terns to be salvaged. In the absence
....................
PropeHy Ovmer Noise Imulation Apwment Page 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. Ero2erty Insurance. 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 Owners 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 c*mple tip n, the
Contractors builders dsk Insurance YAII cease, and it is advisable for the Property
Owner to obtain insurance to cover any value added to the Property by the Program.
38. Timing 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 pedod. The Property Owner also understands that
the construction may involve substantial Inconvenience and could generate significant
quantities of dust and debris rendering portions of the Property uninhabitable for
extended periods of time.
39. Labor and Material Release. The Property Owner releases and
forever discharges any and all claims, it 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
general contractor.
40. Sale of Proggity. In the event the Property Owner sells, conveys or
otherwise transfers title to the Property belbre 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 or condition hereof shall be construed as, or constitute, a waiver of,
acquiescence 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
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
recordI ng of the Release of Easement docurnent in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owners
responsibility to insure such payment is made in order to "clear" the title to the Property.
.............—---- .........—
Prop"Owner Noise Imulation Agmement Page I I of 28
43. Authoflty to Execute On Behalf By Resolution No. 111-
2004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioners of Monroe County, did, on the 1 r 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 Commissioners.
44 Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreernent by reference.
a. Exhibit A: Program Policy Statements.
b. Exhibit 13: Legal Description of Property
c. Exhibit C: Program Improvements.
d. Exhibit D: Deficiency Hold Harmless Agreernerd
a. Exhibit E: Ventilation Hold Harmless Agreement
45. General Conditions.
a. Goveming Law, Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State.
(2) In the event that any cause of action or administrative
proceeding is instituted for the enforcement or. interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropriate court 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 aftomeys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevalling party. Mediation proceedings
initiated and conducled pursuant to this Agreement it be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
b. Binding Effect. The terms, bovenants, 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.
P'ropeny Osmer Noise Imulation Agmement Page 12 of28
c. Severablilty. 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 pennitted 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. Ay±orlty. 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 Aareement. This Agreement shall commence upon the
subsequeno execun r by the Property Owne and by execution of this 4re_e I t t tio
the County and shall remain in effect for a period reasonably required to effect the
Prograrn Improvements (the 'Tenn"), except as may be sooner terminated in
accordance with the provisions of this Agreement.
f. Accep of Gifts tance rants unds, 2r Be gests. The Assis E_
County and Property Owner agree that each shall be, arid is, ernpowered to accept'fbr
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims for Federal or State Aid. The' County and Prop" 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. Adjudication of Disputes gr gjkggg 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 riot 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. Nond 1 scriml nation. The County and Property Owner agree ttiat
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that d iscri rn!nation 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 nondiscdmination. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basI s of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973,
as amended (20 U.S.C. & 794), which prohibits discrimination on the basis of handicap;
(3) The Age Discrimination Act of 1976, as amended (42 U.S.C. ss. 6101-6107), which
...... .......
PropeM Owner Noise InMation Agmement 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 nondiscdmination 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
no nd iscriml nation 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 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 from time to
time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Flodda Statutes, and Section 509.092, Florida Statutes), as
may be amended from time to time, relating to nondiscrimination, (9) The Monroe
County Human Rights ins rig (Chapter 1314, Article VIll Sections 13-101 through
13-130), as may be amended from ti 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. Goqp
ration. In the event any administrative or legal proceeding is
instituted against elther 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. Bg=oks=,, Records, and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authodzed 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,
which would conflict in any mariner 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
empI oyees of the County recognize and will be required to comply Wth the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts-, doing
business with one's agency, unauthorized compensation, misuse of public position,
conflicting employment or contractual relationship, and disclosure or use of certain
information.
...............
Rrop"Owner Noise Imulation Agreement Page 14 of28
n. No So1icitat1on/13gyMgM The County and Property Owner warrant
that, in respect to itseff, it has neither employed nor retained any company or person,
other than a bona fide ernployee working solely 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 right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
o. Public Access. The County and Property Owner shall allow and
permIt reasonable access to, and inspection of, all documents, papers, letters, or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Property Owner in conjunction with this Agreement, and the
County shall have the right to unilaterally cancel this Agreement upon Violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
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 possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Property Owner in conjunction with this contract and
related to contract performance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be. deemed a material
breach of this contra6t and the County may enforce the terms of this provision in the
form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorney's fees and costs associated with that i ® This provision shall
survive any termination or expiration of the contract.
The Property Owner is encouraged to consult wtth 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 oopy 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 I .
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as
....... ......................
P�vpen'y Owner Noise Insulation Agmement Page 15 of 28
authorized law for the duration of the contract term andfollowing p t f the
contract if the r does not transfer the records to the
completion f the contract, transfer, at no cost, to the
County ll public records in possession of the r or keep and maintain
public records that would be requiredthe our to performthe service. If the
Property Owner transfers ll public records to the County upon completion of the
contract, the r shall destroy anyduplicate lip records that are exempt
r confidential and exempt from publicdisclosure I t . If the Property
Owner keeps and maintainspublic completion of the nt , th
Property Owner shall meet all applicable requirementsr retaining public l
storedrecords I wi Ili must be providedto the t from the
punty's custodian of records, in a fbrmat that is compatibleit the infbrmation
technology syst f the
request to inspect or copy public i tip to a County
contract must be made directlyto the County, but If the County does not possess the
requestedt , the County shallI i t l of the Property r of the
request,. and the p r must provide the records to the Countyallow the
records to be inspected or copied vAthin a reasonabletime.
If the PropertyOwner has questionsins the lip tl n of
Chapter Floridat t W t thert t t provide lip records
relating t thist t the t i n of Public Records, BrianI t
292-3470.
p. Non-Waiver f I t lNotwithstandingtheprovisions
® , Florida tttt p i ip ti is of the CountyProperty r in this
Agreement and the acquisitionf any commercial liability insurance coverage, self-
insunance coverage, or local government liability insurance pool coverage shall not be
deemed a weiver of immunity i the Countyto the t of liability coverage, nor shall
any tract entered into by the County be requiredto containany I for waiver.
q. Privilege_ n immunities. it of the privilegesand immunities from
liability; exemptions from laws, ordinances, n I and i and relief, i III
workers' compensation, and other benefits which apply to the tii f officers, agents,
volunteers, r employees of the County, i their respective functions
under this rat vAthin thetenitorial limits of the shall apply to the
degree and to the performance of such functions ti f such
agents, volunteers, or employees outsidethe terrhodal limits f the County.
r. L@gal Obligations and e sibilities- - 1 ion of
Constitutional or SjgLutoMDuties. This Agreement is not intended to, nor shall it be
construed li iw participating enti from any obligationr responsibility
Imposed upon the entity law except to the extent of actual and timely rF
thereof by any other participating entity, in which case the offered
its satisfaction of the obligation or responsibility. Further, this nt is not intended
t , nor shall it be construed as, authorizingthe delegation of the constitutional or
statutory dutiesf the County, except to the permitted the Floridatit tI ,
Owneroise Inndation Agmemmt Page 16 of 28
state statutes, the provisions of Chapters
Flodda Statutes.
s. Non-Reliance by Non-ParHes. No person or enflty shall be entitled
to rely upon the terms, or any of them, of this m not to enforcer a,ttemptt
enforce any third-party claim or entitlement to or benefit of any service or program
contemplatedr, and the Countyr agree that neither the
County nor Property Owner or any agent, officer, or employee of each shall have the
authority to Worm, counsel, or otherwise indicate that any particular individual r group
of individuals, entity or entities, have entitlementsr benefits under this Agreement
apart,separate and inferior t , or supedor to the community l or for the
purposes contemplated In this Agreement.
. tW ti . The Property Owner agrees to executesuch
documents as the Countyr the performance of the obligations
and duties of the Countyr Property Owner under this Agreement.
. No PersongLL:Ipblfity. No covenan't or agreement contained herein
shallm to be a covenant or agreement of any member, officer, agent or
employeeof Monme County In his or her individual member, officer,
agent or employee of Monroe Countyshah be Hable personallyon this Agreement or be
to any personal liability r accountability by reason of the execution of this
Agreement.
W Execution i rt . T t cut ion
any number t t rt , of which shall be regarded as an original, all of ich
taken together l nn t tute one and the same Instrument nn t the parties
heretot this Agreement by signingsuch'counterpart.
w. Section Hqadings. Section headings have been inserted In the
Agreement as a matter of convenience of reference only, and It is agreed that such
section headings are not a part of this r r not and will not be used In the
interpretation t any vision of this Agreement.
NoisePmpeny Omer Imuladon Agrement Page 17 of 28
IN WITNESS , the Property Owner and the County have
executed this Agreement as of the day and year first above written.
WITNESSES,: PROPERTY
v'h
OWNER:
rg Mafia °�•�
JCA
Signature .�
_._
#game P
rinfto Name
Signatu�-t S
Data
Printed Name
WITNESSES: PROPERTY OWNER:ER•
,
ryar
I
nature
Prfn
Printed a
Signature
got,® atiS�r t^t
. F COUNTY COMMISSIONERS: u
�4sell Vr MAYORI CHAT
`r* Sylvia J. Murphy
r I
"eputy, Clerk Signature
I
r
= 1
Date
_..
�F
Prop"Owner Noise Insulation ent ' Page 18 of 28
ED�y J.MERCADO
Date
PROGRAM POLICY STATEMENTS
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air Conditioning: Y. While providingl "mink
II " AC system to your condominium as a part of the NoiseInsulation
modifications, ll i limitations and rest ' i i t apply to all condominiums:
All condensing unitswill be installed l
2. All refrigerant lines (running I i I ill be installed
consistent it li rules, maintainingi i t of 48
inches.
All condensate lines ill be installed on the buildingexterior consistent with
Board policy l to ensure the highestICI of consistencyill
architectural aesthetics.
4. All interior lines
Ventilator (ERV) ducts will be housed in now vertical wall and comer pilasterswhich
ill be constructedto matchquality existing ll . The number and locations
of the new vertical wall and comer pilasters Wil differ dependingr unique
condominium i n r of bedrooms. The NIPi it it
reviewi information it t your NIPi iMeeting.
5. Only electricalI t are determinedthe Program Managert
deficient ill be replacedthe Program as a part of the NoiseInsulation
modifications.
B. Window Sill Replacement. Due to the presence of asbestos, the NIPill provide a
surroundnew custom wood ill instead of the existing
to this 'r lexisting t ill p granite, ill not be replaced.
This revisionwill improvement, it i constriction t improving
time i I .
® Custom Crown Molding and Baseboards Restrictions
The now asbestos abatement i t ill restrict the abilityexisting
customtrim and baseboard prior to constructioninally assumed), which will not
allow sufficient time r the awarded general contractor to secure custommatched
replacement trim, Therefore, existingi i , wall trim, , the
contractor ill, instead, othe existing ' to the face of the new pilasterr
thru wall i fill. At new pilaster locations and, if the thru wall ac infill abuts the existing
the contractor will install a standard ( - paintedto
abut the existingtrim, rather than attemptingto match the existingprofiles
and materials. the completiont i , the property owner vAll
' it A- eny OwnerNoise Inmiadon Agmement Pagel oft
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. Door i i ingent Florida hurricane impact and water
Infiltration building codes, all new aluminum acoustical prime entry swinging doors and
sliding glass patio doors will have thresholds that are considerably higher (frorn the
floor) than existing door thresholds. These higher door thresholds are designed to
provide optimum protection to the interior of a condominium from water in,filtration during
a hurricane.
E. KWBTS Asbestos Testing
As required by state and federal requirements, THC conducted asbestos testing on all
participating ini i ildi
KWBTS condomums n Bungs A, B'and C during the November 2017
to Apdl 2018 time pedod. This testing included collecting 7 to 9 samples at each
condominium to include gypsum board joint compound, window glazing, and exterfor
window and door caulking. In addition, random exterior stucco samples were collecited
on both the 'WalkwayO' and "courtyard / 6W667n building elevations.
Depending on the laboratory analysis of tl,,Iese samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of ffm NIP
construction process to include:
- window removal tic window installation,
® door removal and acoustic door installation,
- removal of portable uthrough-wall" AC units and the infilling of openings,
- ceiling cuts required for installation of the ductless AQ
- 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 ReggiMmenlLs
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
If samolpes she A
n W __Rresencq,of
The NIP contractor will be required to comply with OSHA worker safety requirements to
include worker respirators, poly curtains in all areas where the surfaces are disturbed
and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut
and/or sanded.
-—__--- .... ...........
ExhibitA-Propeny Oww Noise InMadan Agmement
Page 20 of28
le h nce I A
rese , 0 qui CM
d 0 erform full asbestos abatement procedures as
re T p
�wjll be
8' m j 8 s 0 a
i57 co ii
The N1 nt
I by the Environmental Protection Agency(EPA)to include:
- Construction of ACM containment barriers in all areas (walls, ceilings, closets,
windows1doars), approximately 4 feet from all walls and areas impacted by
the NIP modifications.
- Abatement and bagging of ACM (resulting frorn 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.
- TIIC will be required to provide executive oversight of all ACIVI abaternent
processes in all condominiums throughout the NIP construction process to
ensure proper compliance with federal and state abatement guidelines.
- The presence of ACM vAll have a significant impact on the 141P construction
process, lengthening the construction period and increasing the sequencing
and coordination requirements of contractor crews.
- Given the cost to provide required asbestos abatement procedures, the FAA
will require THC to develop a design and construction plan that mbjmjge§ 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 oudined below.
H. KWBTS BOARD Authority. A 2f D991 !n Decisions. The KWBTS Board Wil 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 Operationaf Styles
4. Intedor Ductless Uni-Split" AC System Installation Requirements
5. Interior Ductless "Mini-Split" AC System Interior it Design and Placement
6. In-Filled Kitchen Prime Door Policy Treatment
Exhibit A- r Noise buulation Agreement ...........Pag_e2_1of,_28_
LEGAL DESCRIPTION OF PROPERTY
Exhibit
NoiseTo
Homeowner Insulation
Unit - , 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 Book589, Page 370,
as amended from time to time, of the Public Records of Monroe County, Florida.
__ .... _.
Exhibit B-Property OwnerNoise ul tion e t I Page 22 of 2
PROGRAM IMPROVEMENTS
Exhibit C
TO
Homeowner Noise Insulation Agreement
This Exhibit C represents the Program Improvement package for an eligible home that
includes the Program Improvements developed by the Program Manager to reduce the
interior
ArchitecturalA typical Program Improvement package may include:
a Replacement Aluminum Acoustical
AluminumReplacement t
AcousticalReplacement Aluminum t
ibis C-Prop"Owner Noise Inmiation Agmement o 2
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit D
TO
Property Owner Noise Insulation Agreement
1. In partial consideration of the compensation to be paid on behaff of the
County and the Program fbr the Program improvements to be made to the Property
descdbed in the Agreement of even date herewith (the uAgreernent") between the County
and Property Owner and to which this Exhibit D is attached, the undersigned, for and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns of the undemigned, forever releases, remises, discharges, indemnifles and
covenants not to sue, Institute claims against, or institute any pmceedings against, the
County, or any of its agents, officers, employees, consultants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and nature on account of bodily injuries or death, damage to the property,
and the consequences thereof, and any of the fbragoing which may accrue to the
undersigned or their respective heirs, personal representatives, successors and assigns in
connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said
County or any of its officers, agents, employees, consultants arid/or contractor's to be
legally liable.
2. The Property Owner understands and assumes full responsibility 1br the
Deficlericies present in the Property, whether visible to the Program Manager or unseen.
3. The Property Owner understands that the Deficiencies include any
deficiencies present in the Property at the time of execution of this Agreement which could
include, but not be limited to, code violations, structural damage, water /. moisture
damage, hazardous materials, infestation and/or any issue that would negatively impact
the installation and performance of the Program Improvements.
4. If visible, the PropertyOwner understands that the Program Manager may
identify and document Deficiencies at any time throughout the Program process
(including design, bid and construction processes). If identifiled and documented, the
Program Manager will classify the observed Deficiencies as either"Minor' or"Severe".
5. The Property Owner assumes full responsibility for the worsening of any
documented Minor Deficiencies.
6. In the rare event "Severe" Deficiencies are identified dodng the design
process, the Property Owner agrees to complete necessary repairs to the Property, to
the aoceptance of the Program Manager, as a precondition to the commencement of
construction of the Program Improvements, In the rare everit that "Severe" Deficiencies
are uncovered during the construction period, the Property Owner agrees to complete
.......---
ahibit D-Properly Oymer Noise Insulation Agreement 24 of28
necessary repMrs to the Property, to the acceptance of the Pmgrarnr to
minimize any delay or stoppages of work.
7. The undersigned acknol that all of the releaseIn hod
property damage, wDeficiencies
i
In iln Ins �� Paragraph 1 of
inn t� fi i in s / ll
negative impacts that later result after the. addition of the Program Improvements. The
provisions
ise thisInsu El xhibit shall survivet termination expiration of the Property
Owner No8. The n that the terms and provisionsof this
shall be binding ynure to the benelit of the undersignedn it respective
personal representatives, successors and assigns.
PROPERTY OWNER:
yI� {p j4�y g pp;
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.Ignf ure
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Exhibit I3-Property Chimer Noise Insulation Agreement page 25 of 2g
VENTILATION HOLD HARMLESS AGREEMENT
Exhibit
To
Property Owner Noise Insulation Agreement
t. In partialconsideration f the compensationto be paid on behalf of the
County and the Program for the Programt to be made to the Property
described in the Agreement of even date °t t the County
and Property Owner and to whichi i attached, the undersigned, for and on
undersignedbehalf of the heirs, personal representatives, , and
undersigned,assigns of the forever releases, remises,
covenants t to sue, institute l iagainst, r institute any proceedings against, the
County, or any of its agents, officers, employees, It r contractors
concerningll claims, demands, damages, actionsaction' f
whatsoeveribodily Injuries t , damage to the
thereof,property and the consequences and any of the foregoing i
undersignedthe r their respective heirs, personal representatives,
assigns in connectiont l Ventilation Deficiencies (the "Deficiencies") i t
said County or any of its officers, agents, employees, and/or contractors to be
legally liable.
2. The Program Improvements may include the additionacoustical
windows , removal and infillingf 'through-wall" i it conditioner units
and the addition replacement ducHess "mini-split" air conditioning
these modificationsill result in a tighter interior i t due to the elimination
all passive insideoutside it leakage that was naturallyoccurring in all openings, the
Program ill also include itl f a energy recovery ventilationiwhich
will provide an adequatef inside i ir to the condominium
required by building
Given3. the tightened interior environment of the treatedcondominium, the
OwnerProperty agrees to assume full responsibility for the proper operation of the new
Program ductless AC systemrecovery ventilationit to avoid
potential for mold and moistureproblems, illduring the
condominium is closed andi it a
4 Due to FAA eligibilitylimitations, t ill providing
bathroom exhaust fan treatments. it r showers are a sourcef
moisture generationin the interiorI condominium, the Property Owner
agrees to assume full responsibility for ensuring that all bathrooms have an operable
bathroomIe of pmpedy exhausting bathroornit to the exterior
of the building. l l also t the anginal KWBTS condominiums
constructedll wall vent that was designedallow the passive exhaust of
.....® _ __.. __.....
iit E- er Noise lwulation.,Imement26 of 28
bathroom moisture in a central building . DuHng the Program design
exhaustsurvey process It was discovered the KWBTS buildings lack a solid central building
shaft, Due to this i tim condition, these m Imp l 'wall vents (if stillpresent)
have the potential l l for unwantedi , smoke and/or gases into the
condominium i t rl r. The Property Owner agrees to assume full responsibility for the
sealingf original wall vents In all bathrooms and for any and all negative Impacts that
may It if left untreated.
clearly building code violationto duct laundry r exhaust to the
KWBTS central exhaust shaft. In the r has incorrectly ducted
their laundry dryer vent to the KWBTS central biuHrling exhaust shafts, they agree to
correct this m rly exhausting their laundry dryer exhaust in an
altemabve method that meets current building t their cost befbre the initiation f
the rrm construction process. Furthermore, the Property Owner agrees to assume
any nall Ha.blflty relatedthe improper ducting of their laundry dryer exhaust.
6. The Propertyr understands that the Improvements ill not
address kitchen and bathroomventilation and/or excessive Interior humidity levels
generatedthe Property Owner within the interior r f the condominium. The
Owner understands andassumes full responsibility for maintenancef interior moisture
and -humidity i it levels. The Property Owner agrees to assume full responsibility for any
occurrence, r n or worsening of moisture problemsand/or interior humidity
levels in the . In addition, the Property r agrees to assumefull
responsibility r the maintenance an tl f the NIPnU modffications after
completion f the Program Improvements.
7. The undersigned acknowledge and agree that all bf the release, hold
s .f ply t
injuries,harmlessprovisions tip r mr m inconnection It r s a i S It f , .n nall
interior ventilation defUencles arising after the addition f the Program Improvements
m
including, but not limited t , high humidity, mold, it nrm r lack of proper exhaust
Owner l Insulation r expiration
the ventilation. The provisions f this 11 lth termination of
ti m Agreement.
8. The undersigned hereby agree that t terms andgl of this
Exhibit11 be bindingn and Inure to the benefit of the 1 ned and their
respective heirs, personal representatives, successors and assigns.
Sign
ignature
v �
sited Nam w � &
,z Pdnted Name
g
_...... _ �._..__. _._..__.. ._.�............
Exhibit - _. r Noise imulation
W TNESSES:
PROPERTY OWNER:
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gnature
_ -
d i
ture
Printed
Printed Name
Signature
OR
LESSES: _...... _.PROPERTY OWNER:
a n ww- ;yM �d
i
Printed Name
Printeda r t
Signature
_.a
1
Printed Name li
_ ....... �e_.... ...__. _
Exhibit E-Prqperty Gwwer Noise Insulation ent Page 28 of 28