09/18/2019 Agreement/Easement �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
Heather P. Faubert73
NIP AssistantManager 112 0 11:08 AM POP 1
of 4
THC, Inc.
710 Daculai 1 Stamp
la, GA 30019 Filede in Official Records o
CPA
AVIGATION EASEMENT
Key West International i
Noise
, ho
T I T E T i ent d into this �`r y of ,
Property r," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, body politic and corporate, hereinafter referred to as " ."
RECITALS:
A. The Property Owner is the fee simpletitleholder to certain real property("the rty")
located in Monroe County, Florida, o articl rldescribed s follows:
Condominium Unit No. 0 - , 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.
also identified as streetaddress: "2601 S. Roosevelt Blvd., Unit C206"
B. The BOCC is the n r and operator operatorof Key West International Airport(4t i n")and
desiresto make properties that, through interior noise exposure testing, determined
incompatible as a result of their exposure to aircraftnoise compatible for residential
purposes through the implementation of a NoiseInsulation Program ("NIP").
UnderC. the NIP, the Airport will design and install or pay for the installation of
improvements and modifiction the Property Ownersnecessary to redUce
interior noise levels least 5 dB andto bringthe average interior noise level below
dB in accordanceit I Aviation Administrationpolicy. Granting of an Avigation
Easement ("Easement") is a BOCC condition of participationin the NIP. The Easement
ill supersede anyimplied or prescriptive easementsthat the BOCC may haveins
under applicable laws.
D. The funding source for said NIPill include funding from the Unitedt v t
pursuanti rt and AirwayImprovement 1982, andill include funding
from the , acting in its capacity as the owner and operator of the Airport.
E. The Property Ownerdesires to participatein the NIPn has entered into a PropertyI Airport NIP—Avlgaon Easement(Un206)In Page 7 of
Owner Noise Insulation Agreement withthe BOCC. The BOCC's implementation of the
NIP will benefit the Property Owner and the Property by providingcertain remedial sound
attenuation tru ion on all eligible residential structures on the property necessary
to achieve a reduction in DNL indoor noise levels least 5 dB and bringthe average
interior noise level l 5 dB in accordanceit I Aviation Administration
policy.
F. The Property Owner fully understands that the NIP eligibility u! change at some future
time, but is currently the 2013 Existingit of Exposure
accepted by the Federal Aviation Administration ("the ") on December 19, 2013.
G. The NIPill be administeredIn ance 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 THEREFdRE,for and in consideration of the improvements to be made to the Subject
Property h the NIP,the receipt and adequacyis is hereby acknowledged by both
parties, and in considerationn 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, dos hereby grant, bargain, sell and convey to the BOCC, it
successors assigns, a perpetual avigation easement over the property. The use
of the Easement shall include the right to generate andi noise and to cause other
effects as may be associatedi the operation f aircraft over or in the vicinity of the
property. This Easement shall ply to all such i activityt t Airport, or
i r r type, during , o , to or from the Airport, and it being
the intent of the parties that all such Airport activity shall be deemed to be included
'thin the purviewof this ase nt.
. This Easement shall be perpetual in nature shall bind and run withthe 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
in interest, does hereby releasethe BOCC, and anyall related parties of the BOCC,
including but not limited to BOCC members, officers, ,.agents, servants,
employees and lessees, from anyand 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,
r will in the future possess, as a result of Airport operations or aircraft activities
noise levels ! t to or generated by Airport activity, or may hereafter have as a result
of use f this Easement, including but not limited to damagethe above-mentione
property or contiguous property due to noise, and other effects of the operation of the
Airport or of aircraft landing r taking t the Airport.
Key West
Internationai AlMort NIP— vi on Easement(Unit ) Page 2
..
4. This Easement sly excludes and reserves to the Property Owner and to the
Property is heirs, assignssuccessors in interest, claims, a a s,
damages, debts, liabilities, ' or expert'expert's fee, or causes f action for
physical damage or personal injury n i r part of anyi using
the t does identifiable physical damage to rty or injury to a person
n the property by cominginto direct physical contact with the property or the person on
property.the
5. Should either party heretor any of their successors r assigns in interest retain
counsel to enforce any of the provisions herein or protect its interest in any matter
arisingunder this Agreement,or to recover son of any alleged
any vision of this Agreement, the prevailingshall be entitledto all costs,
damages and expenses incurred including, but not limited to, attorney's attorney' fees and costs
incurred in connection therewith, including appeII ion.
vision of this Agreement is to be interpreted for or against any partybecause that
party r legal representative draftedsuch provision. This Agreement shall be
interpreted and con ru i to the laws of the StateFlorida.
7. o breach of any provision oft is Agreement may be waivedunless in Writing. Waiver of
breachany one any provision of this Agreement shall not be deemedto be a waiver
f any other breach of the same or any other provision of this Agreement. This Agreement
amendedmay be only by written instrument cut by the partiesin interest at the
time the modification. In the event that any one or more covenant, condition or
provision contained herein is held invalid, void or illegal by any court of competent
jurisdiction, the same shall be deemed severablethe remainder this Agreement
and shall in no way affect, impair or invalidate any other provision hereof so long as the
remaining vision not materially alter the rights n li ti the parties. I
such condition, covenant r other provision shall be deemed invalid due to this scope or
breadth, such covenant, n iti or other provisions II be deemed valid the extent
of the scope or breadth permitted by I .
8. In the eventthe Airport shall be subdivided into more than oneI, or the Airportr
portion thereof j to operation, managementr administration by a party
in addition to or in lieu of the BOCC, then and in that event the parties agree that same
shall not terminate or otherwise affect this Agreement so long as a portion of the Airport
continues to operate for standard airportflight o n that any such successor
in interest to the BOCC shall be entitledo all of t benefits running to the BOCC
hereunder.
9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor
1l costs of maintainingtin y sound attenuationmaterials i t
installed in the Property by or on behalfof the BOCC.
Key Wed Intematlonal Airport NIP—Avlgatlon E (Unit 2 ) Page 3 of
This Easement Agreementi first .
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O O CO OAR F COMMISSIONERS:
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by i
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. I
b -. _� My Commission E)Ires:
Notary Public Signature
COUNTY ATTORNEY
ARKMED r t
A's-1,0FORM
s � �
Key
tin clonal Airport NIP—Avigation Easement(Unit 2 )j � ve p of
TkN*T a0,IUN7 FIN EY,
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Dam
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Address: Kjay-_West by_ Sea
' o.:
Name(s): Schaefer
PROPERTY OWNER NOISE INSULATION AGREEMENT
KEY WEST INTERNATIONAL AIRPORT, MONROE COUNW
THIS NOISE 3 i (this ) is
effectivet t last [ p a municipal
corporation I i ti r the laws of the State of Florida (t p
and the undersigned "Property Owner").
WHEREAS, the Property Owner is i owner in a
certain [ property located in the Cityt f Monroe, State of Florida,
and more particularly
WHEREAS, the County is r and operator of the Key West
International Ai (t "Airport"), situated in the Cityt, County of
Monroe,
State of Florida, and in closel i the and
Property;
WHEREAS, the to obtainr for the
benefit of the public a right of free and unobstructed flight for aircraftin ,
taking from, or maneuvering about the Airport;
WHEREAS, the r has electedparticipate In the Key West
International Airport's i Insulation (t "Program") as part f
p
the
Program, the r has electedto obtainacoustical treatments
improvements to the Property as more particularlyExhibit
hereto (the Improvements"); [ Improvements to be paidthe
County at no t to the Property Owner and in exchange for the grantingthe County
f an avigationr, across and through the Property; and
WHEREAS, the County will enter into iwith a
general contractor (t "Contractor") to provideinstallation of the Program
Improvements; and
WHEREAS, the Program is managed by the consultantteam consisting
team manager and assistant , architect, mechanical [ ' I engineer,
acoustician t i manager selected the County(t "Program
and
,.the Property Owner and the Countymutual desirely to agree
t t t i t illparticipateireceive
the Program Improvements upon the termsit ided herein;
THEREFORE, in consideration , covenants and
conditions t forth herein, and other good and valuableconsideration, the receipt
............._ ...._ __............. ........_.........................
eny O%wer Noise Inmiationa 1 oft
sufficiency which are hereb,y acknowledged, the r and the r'q
hereby agree as follows:
Grant of �Easement. Simultaneously with the ti f this
Agreement, the r executed and deliveredto the Countyn avigation
easement (the wEasernent") h in thelip records
f Monroe County, Florida. The Easement remains ire full force
hereby ratified in all respects.,
2. Program Policy tt i # rat with tand/or
Federal Aviation Administration Airport Improvement Program policiesn ,
the Program Manager has developedseries Policy # tlir
construction and ll i ill restrictions. The Property Owner undemtands that
prescribed Program Improvements Ill be consistentwith the lip
Statements i to the Property Owner by the Programr. A copy of the
Program Policy Statements is attachedt Exhibit A.
fProwam Improvements.,. n y for
the m Improvements ri in Exhibit Q attached hereto. The Program
Improvements ill be approved by the n , managed by the
Manager,Program and performed by the Contractor.
4 Irn ding Competitive Bid Process,. The Property Owner shall not
impede r interferewith the Contractors abilityselect
manufacturersnd subcontractors in the preparationf bid submittals. To insure
competitive i r i t, the Property Owner is prohibitedfrom havingn
discussion r communication withthe # in l tl to the Program, the
contractors bid, or this Agreement until after award of the constructionrit
County. Failure of the Property Owner to complywith this l i r ll, at# tl n
f the County in le discretion, result in I li r ti from the Program and
cancellation f this t.
5. Construction l Contract. ill r t for the
Program Improvements consistent t withFederal and County competitive biddingpolicies
and procedures. The contract ill require the Contractor to completethe Program
Improvements `t i time rfod defined by the Program
_Post-ConstructionResponsibilities. r shall
meet allresponsibilities _ pertaining to th pre-construction and post-
# l g
a. Prior f NIP construction, t nr'®shall meet
all, # i i to include:
f t) Removing all valuables (such as jewelry,. ire ,
antiques, heirlooms, etc.)from their condominium;
f2) Moving of all fumiture and belongingsinto t "Designated
Storage "w within the condominium, providing the required "clear (white
Aroperry Owner Noise l t' a elf 28
space in ) for the Contractor. When doing , the Property Owner will have the
ability to utilizethe complete "floor to calling" space.
(3) Removing of all excessive u i belongings the
condominium that will not fit i "Designated ";
( ) Removing all Window and door treatments (such as blinds,
plantation shutters, etc.) storingthemi the ° ei t
Area";
( ) Removing all electronic and dust-sensitiveitems from their
condominium r wrapping withprotective poly before storing them in the UDesignated
Storage c ";
( ) Removing all wall hangings (such as mirrors, pictures, hanging
shelves, t .) and storingthem in "Designated to a Space Area";
( ) Moving all small items and belongings into either the closets or
bathrooms as outlined in the "Designated St c "
Afterb. completion of the NIPconstruction, the r shall
meet all Post-Construction requirements to include:
(1) Moving of all furniture and belongings stored in the
"Designated Sto cback to their original positions in the condominium:
( ) Moving of anyexcessive furniture belongings c into
the condominium;
( ) Re-installation of all wall treatments, door treatments and
II hangings c o their original positions in thecondominium.
c. In the event the Property Owner falls to perform any and all of the
above - s Ion responsibilities, the Property Owner shall be removedI
participation the Property Owner shall be liable to the Countyfor Contractor for
any and all resulting damages and all direct and indirect ts related thereto.
d. In the eventthe Property Owner falls toperform y and all of the
above - onsi ion responsibilities, the Property Owner shall be liable the
County for Contractor for any and all resulting damages and all direct and indirect
costs relatedthereto.
. Impeding_ ion. Once construction of the Program
Improvements in , the Property Owner shall not impede construction or alter
construction ul . In iio , the Property Owner shall prevent any and all
tenants that may occupyduring the construction of the Program
Improvements impeding tru ion or altering construction schedules. In the
event the Property Owner or any tenant occupyingthe Property impedes construction or
r Noise Insulation et Page 3 of 2
alters the ion schedule, the Property Owner shall b liable the Contractor
and the Countyfor any damages and all direct and indirect st related to.
8. „N„11111 Working vi r shallresponsible
r providing a safe in environment. for the Program Manager, Contractor,
subcontractors, suppliers, iCounty, t I inspectors.
. Throughout all phases of design and construction of the Program
Improvements, the Property Owner shall be responsibler:
(1) Providing a workingenvironment that is free from potential
health risks, blohazard conditions, o chemicals, obstacles, on
kind and/or explosives;
{ } Refraining from verbal abuse or profanity-,
( ) Refraining from aggressiveh is I contact; and
( ) Insuring that all pets are completelyc n in .
b. In the event h y Owner falls to meet any of the foregoing
conditions, the Program process may, at the County'sdiscretion, be temporarily
suspended at any time. In such event, the Program Manager shall notify the Property
Owner in writing, stating the correctivein( ) for condition(s) required to be
completed or performed by the Property Owner prior to the County resumingthe
process.Program
c. In thevent the Program process is not resumed due to the
Owner'sProperty ilu to completethe correctiveaction(s ) forcondition(s)
requiredy the Program Manager, the Property Owner shall be liable to theCounty
and/or Contractor fbr any and all damages andII direct and indirect trelated
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 andall direct and indirect
costs related to or caused by the temporary suspensionthe s.
9. Construction Dela . Duringion pedod, the Contractor
may experience unforeseen complications reI tin the installation the
Improvements. t ion contract shall provide that delays relatedto these
unforeseen complications are beyondthe control of the Contractor and shall be excuse.
so that the time for completion may reasonablyion schedules
may also be revisedif there is a delayin awardingof the contract or if the Program
Improvements ve to be re-bld in the event of lack of bidding for failure
of the lowest responsive, responsible bidder to executethe contract, provide payment
and performance bond or show prooff insurance.
1 . _.gq o o . The Program Manager reserves the right
to make changes to the plans and specifications h Improvements, its
...........
Propero Owner Insulatione Page
sole discretion, t any time uric the process, provided such changes do not
reduce the scope r quality oft r Improvements descdbed in Exhibit
such changes are necessitatedthe i f hidden conditionsit
detectableduring I property inspection s .
t. Acceptance of Work. Upon completionf Improvements,
the Program Manager shall inspect or cause the inspection f the Program
Improvements l if they were completedpursuant to r f the
contract. The Manager retains sole discretionauthority on program
conformance fformance issues as they It nt r, subcontractors,
suppliers tip designs. The r is requested to attend the
Substantial Completion Inspection l input to the Constructionr with
respect to the identified punch-list items. In addition, the Propertyr is welcome
attend the Final Inspection. In the rat the n I the
Substantial Completion and Final Inspections, they releaseand surrendertheir ability t
provideinput to theConstruction Manager ith respect to the f the
Program Improvements. In the t there' is a disagreement between the
Owner and the Program Manager as to a conformancer perforrnarice issue, the
OwnerProperty shall be requiredIt the I in iti to Monroe
(representativethe NIP constructionwithin f the
inspection i i the I orsshall they make a
determination to the acceptabilityf the conformance/performance issue
remedial action that may need to be taken. MonroeCounty shall be the final arbiter of
any confoiTnance/perfoiTnance/issues, Fallure. the Property Owner to submit the
written I i °k within the time period ifi II thereafter foreclose the
Propertyright to file h complaint.
® Tertnination of Agreement. The Property Ownert that
the signingf this Agraernent initiates both the BIDand l T TI f
the Program Improvements in accordance with t m.
Therefore, if the Property Owner attempts to terminate this t or otherwise
Impedes the progress of the performancef the Program Improvements after the award
f the construction wit , the Property Owner will be liable to the County for any and
it damages and all direct and indirect t thereby.
t . Warranties. The Countyt represent or warrant the level of
noise reduction that the Property Owner will experience within the Property as a result
f the Program Improvementsthe
Countythat its contractwith the Contractor will include
standardt r warranties from the Contractor for all materials and workmanship.
h - r warranty periodshall oommence as of the time f the acceptancef the
work as provided for in Paragraph 9.
® At the f construction, the r vAll provide the
Propertyr with a Warranty & Final Closeout Package which will contain copiesf
the warranty policies, product instructions, desI w nt legal documents. As
condition f receiving the Warranty & Final Closeout Package, the r
....... ........ .......... ..................
Owner Noise ImulationAgreement Page 5 of 28
must first submit a completedI er Satisfaction Survey to the Program
Manager. After receiving the WarrantyFinal Closeout Package; the Property Owner
understands that the warranty policies for products used in the construction of the
Program Improvements di r among product manufacturers. In the event of claim, the
Propertyr is solely responsibler pursuing all future product warranty issues
directly ith each product manufacturer.
c.. I , the event of a claim, the Property Owner shall be solely
responsible for, and agrees to contact the Contractor or product manufacturer directly t
coordinate any required warranty services to look solely to the general
contractor or the product manufacturer for fulfillment of all warranties andr resolution
of II product or construction warranty issu ( ):
(1) The Property Owner'sinquiry is not directly relatedto either
construction warrantles or product warranties (such as windowcleaning or product
maintenance) regardless of whether the Property Owner's inquiry ads es during theone-
year warranty pedodthe Contractor or thereafter;
( ) The Property Owner believes that warranty servicei
required with respect to construction warranty issues, the one-year warranty peflod
from the general contractor hasexpired;
(3) The Property Owner believes that service is requiredit
respect to product my issues, the advertised warranty pedodr the product has
not expired, the manufacturer is currently i its business; and
( ) The PropertyOwner believes that serviceis requiredit
respect to product my issues, and the advertised r for the product
has expired.
1 - _ iti Deficiencies. The Property Owner will be requiredto
sin _._Exhibit Q (Deficiency old Harmless Agreement) which will impute ll
responsibility liability to the Property Owner for any and all present Pre-Existing
Deficiencies t the Property, whether seen or unseen.
15. Fre-Work Requirements. The Property Owner will be required
to completeany and all Pre-Work, as requiredy the I successfully c
the NIP acoustic modifications. TheiRmpeny Owner will be kq_yjMd to complete all
designated items utilizing their own funs p r _ qui li
establishpdNIP. In the event the Property Owner fails to complete the
design a Pre-Work items by the established I line, the Propertyr shall
be removed from NIPparticipation and the PropertyOwner shall be liable to the County
and/or Contractor for any and all resulting damages and all direct and indirect cost
related thereto.
16. City of Key West "Hard-Wirecr Smoke AlarmRequirement. In
compliance with the City of Key West Fire Marshall and the City of Key West Building
Department construction permit issuance requirements, the Property Owner will be
required install 1 -volt "hard-wired" smoke alarmsin their condominium i
.............
. ®.._.......
accordanceit II applicable codes andl do s by the required deadline as
established by the NIP. The pq_gy Owner_will be responsible to ensure that the
smoke alarmsnot install in same areas withinthe condominium where NIP
modification ill occur to avoid any potential impedance to the NIP construction
rop case. In the event the Property Owner fails to install the designated "hard-wired"
smoke alarms by the established NIPline, the Property Owner shall be removed
from NIPparticipation.
17. Suspension-of Pro . _.....m Process. The Program process may be
temporarily un time during the design and/or construction phases upon
the discovery o Deficiencies due to their potential impact on the Program
Improvements and product warranties. The Program process will not resume until the
OwnerProperty has corrected all related problemsto the satisfaction of the Program
Manager. In the event repairs are not completed i . a timely nn r, the Property
Owner will be liable to the Countyfor any and all damages and all direct and indirect
costs due to delayand/or stoppages of the work.
18. Limitation ,on Alterations to the Propert . The Property Owner
agrees not to make alterations, or to permit any tenant occupying any portion of the
Property to make alterations to the existinginand/or walls from the time o
the Design process until the construction of the Program Improvements v n
completed. cption to this rule must be pre-approvedin writingby the Program
Manager. Failure to adhere to this requirement may, at the option of the Program
Manager in its sole discretion, result in an immediate suspension of the construction o
the Program Improvements on the Property. The Property Owner will be liable to the
County for all direct andindirect costs associated it unapproved It ti
damages related thereto.
19. Pre and Post-Construction Noise Testin, Process'. - & post-
construction noise testing is a very important Program process that is designed to
measure anddetermine the actual achieved noise level u ion level at treated
properties. If selectedthe Program Manager'for pre- & post-construction noise
testing, e r agrees to provide access to their property for testing .
agrees to not to make alterations to the interior of their (with the exception o
repairsfrci ci s) from the time of the re-construction noise test to the Post-
construction. noise test. In an effort to insure ! tt noise data collection, the
Property Owner also agrees to preserve the interior layout fu itu floor coverings
an in f„ the ' i the noise test to the post-
construction noise .. t., The Property Owner understands that the failure to adhere
this requirement may result in corruption of the noise testing . Therefore, the
OwnerProperty understands they may be liable the Countyr any direct andindirect
noise testing st in the event these requirements are not met.
20. Cooperation. As reasonably requested, the Property Owner shall
cooperate with the Contractor, the Program Manager and Monroe County in the
performance of all phases of the Program Improvements including, but not limited o,
the removal and reinstallation of rugs, wall hangings and fumiture
Omer Noise Insulation Agreement Page 7 of Z
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. Desion and Bid Process Access. At scheduled times and/or upon
not less than twenty-fbur (24) hours advance notice (via NIP small andlor leffer), 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 visits could
include, but not be limited to, property survey, design survey, hazardous material
inspection, pre-nolse testing and pre-bid visit. In the event the Property Owner falls to
provide access to the Property for all required NIP Design and Bid Process visits, the
Property Owner shall be removed frorn NIP participation.
23. Pre-Construction Access. The Property Owner agrees to provide
access to the Property forty-eight (48) hours prior to the scheduled start of NIP
construction, This short visit will provide the Program Manager with the ability to ensure
that the Property Owner has met all fumiture storage responsibilities. Failure could
result in the suspenslori of the scheduled NIP construction and the Property Owner shall
be liable to the County and/or Contractor for any and all resulting darnages and all direct
and indirect costs related thereto.
24. Pre andPost Construction Access, At scheduled times and/or
upon not less than twenty-four (24) hours advance notice (Wa 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 Gould
include, but not be limited to final measurement, pre-construction Inspections, review of
Designated Storage Space requirements, post construction inspections and post-
construcUon noise testing. In the event the Property Owner falls 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. Construction Period Access, Upon award of NIP construction
contract, the Contractor will provide the Program Manager with their final construction
schedule, which will includ'e the required number of calendar days to compl I
ete the NP
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 time pedod, the Property Owner shall be removed from NIP
..............
Prop"Omer Noise Insuldtion Agreement Page 8 of28
participation and the PropertyOwner shall be liable o the Countyand/or Contractor for
any and all resulting damagesand all direct and indirect costs I thereto.
26. Construction Period Extension Due to Hurricanes. Sincethe NIP
construction period will extend into the t humcane season, there is potential for
construction delays and/or stoppages, beyondthe control of the Contractor, in the event
f a threat of an approaching hurricane for 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
Manager.and Program Furthermore, the Propertyr agrees to relocatetheir
condominium for all additional calendar ulting from NIP construction work
stoppages due to a hurricanet or event at no cost to the County, Contractor for
Program Manager. In the event the Property Owner falls to providerequired
additional access to their condominium due to hurricane-relateds, the
Property Owner shall be removedI icitio and the Property Owner shall
be liable to the Countyand/or Contractor for any and all resulting damagesand all direct
and Indirect related thereto.
7. 4i Tv_ _ - isti Deficiencies Duringion. I the
event the Contractor discovers pre-existingdeficiencies t the Property duringthe NIP
construction process that negatively impact the installation of the NIP improvements,
the Property Owner agrees to immediately pair and remedlatesuch deficiencies in an
effort to reduce any negative impact on the scheduled construction period. The Property
Owner understands that, dependingtiming tpre-existing ir,
the NIPconstruction periodIt of the Program
Manager or Contractor.
h o seen ilin p n itins_on Construction
Schedule. The Property Owner understands that unforeseen buildingconditions that
may arise urin the NIP construction may havethe potential to increase the original
scheduled do of construction, which is not the fault of the Program Manager nor
Contractor. The Propertyr needs to planr t "worst-case " possibility that the
originally-scheduled con t ion completion date delayed a few additional days
due to unforeseen building n i#ions that may arise and complicate the I
construction.
29. i_tiny _ in 1 Door Treatments,,, n li . The
Property Owner understands that, after the installation of new'NIP acoustic window and
doom, the existingi and/or door treatments, shades and blinds may not be
compatible nor able to b re-installed due to size differences e n the now and
existing windows n o .
0. ExistinrA Crown Moj0:1_nq.. During the installation of the new
acoustic windows anddoors, the NIPill be providing "standardo replacement
interior trim sills. The Property Owner understands that the NIP replacement trim
will not match custom and/or specialized crown moldingfor custom window
and door trim. After the completionof the NIPmodifications, the, Property Owner will
have the ability to makemodifications to the NIP interior trim t their own expense.
_ - ............._....
Noise I at' t Page of 28
1. Communication .Rei n The Property Owner agrees to
read and reviewII NIP emallsfor letters in a timely fashion hich are being
provided y the NIPto aensure schedule . In the eventr
falls to meet thisrequirement, it could resultin removal from NIPparticipation.
32. Title Examination. The Program Manager has obtained or will
obtain, at its sole cost andTitle" to ensuret the Property
title is free from lions for title defects.
33. Cooperation in CIe@rlqg_1ftW. Prior to the commencement of
construction of the Program Improvements, r shall. i the
County in order t (I) correct any title s affecting the Property which are disclosed
by the "Abstract Title" and in the soler i i of the Countyt
invalidate the Easement, and (ii) secure the writtent of any and all mortgage
holdersthe Property Owners conveyance of thes to the Countyif the
Countyt ins that it is necessary or desirable to do so (collectively, the wTitle
Matters"). I , prior to the commencement of construction of the Program Improvements,
the County, in its sole discretion, determines that the Title Matters affectingh
may invalidate the Easement, this Agreement shall be null and vold,-
shall be terminated.
34. Federal Assurance. As required by the Federal Aviation
Administration, the Property Owner agrees to the following provisions:
Ownera. The Property shall subject the construction work on the
projectto such inspection and approval during the construction of the Program
Improvements and after completion of the Program Improvements as may reasonably
requestedbe the Program Manager for Monroe County.
Afterb. final completion of the Program Improvements, the Property
Owner shall assume the responsibilityfor maintenance and operationof the items
installed, u r constructed under this Agreement. Neither the Federal Aviation
Administration nor the Countyresponsibility for maintenance and operation
these items.
35. Reduction of Freshit Infiltration. ert r will be
requiredto signExhibit (Ventilation Hof I Agreement) which imputes II
responsibility the Owner for the proper maintenance of Interior moisture
humidity levels.
36. Iv . If t Property rdesires
to retainn f the material or equipment removedfrom the Property as a result of the
Program Improvements, the Property Owner shall arrange for the salvage i
materials i t directly withthe Contractor at the Property Ownees soierisk
and expense. The Countyresponsibility r the conditionthe material,
equipmentr surrounding surFaces .as a resultthe owner-requested saI . The
OwnerProperty and the Contractors II, prior to the commencement of construction,
agree upon and execute a document listing those items to be salvaged. In the absence
OwnerInsulation Agreement Page 1
of such a wriften agreement, all it shall become the property of the Contractor.
Materials and equipment not listed fbr salvage by the Property Owner shall become the
property of the Contractor.
37. Property nsurance. During Program construction period, the
Contractor will provide builder's risk insurance for the Property. The Prop" Owner
shall have the option, at the Property Owners sole cost and expense, to maintain a
I' is insurance policy for the duration of the construction of the Program
Improvements. The Property Owner understands that, following final completion, the
Contractor's builders- risk insurance will cease, and it is advisable for the Property
Owner to obtain Insurance to cover any value added to the Property by the Program.
38. Timing and Effects of Construction. The Property Owner
understands that there is a chance that construction its may exceed the Contractor's
original projected construction time period. The Property Owner also understands 'that
the construction may involve substantial inconvenience a'nd could generate sign t
ifican
quantities of dust and debris rendering portions of 'the Property uninhabitable for
extended periods of time. 1
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 condractor's 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 PMperty. 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 Agr t prior to the closing on the*sale, conveyance or other transfer, and to
transfer all of the Property Owners 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 terrn, 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 Dollar's ($100.00) to cover the costs of the preparation and
recording of the Release of Easement document in the public records of Monroe
County, Florida. Property Owner understands that it is the Property Owner's
responsibility to insure such payment is made in order to "clear the title to the Property.
.......................
Ptuperty Owmer Noise 1wulation Agmement Page II of 28
43. Authority to Execute On Behalf Of Count . By Resolution No. 111-
L004, duly motioned and passed at a lawfully announced public meeting, the Board of
County Commissioner's 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.
® Attachments. Attachments to this Agreement include the following,
which are incorporated into this Agreement by reference.
® Exhibit A: Progrem Policy Statements.
b. Exhibit B: Legal Descdption of Property
c. Exhibit Q Program Improvements.
d. Exhibit D: Deficiency Hold Harmless Agreement
e. Exhibit E: Ventilation Hold Harmless Agreement-
45. Peneral Conditions.
a. Govemln,,q:,,_Law,,Venue, Interpretation, Costs, and Fees.
(1) This Agreement shall be govemed by and construed in
accordance with the Laws of the State of F-Iodda applicable to contracts made and to be
performed entirely in the State.
(2) In the event that any cause of action or administrative
proceedIwo g is instituted fbr the enforcement or interpretation of this Agreement, the
County and Property Owner agree that venue will lie in the appropdate court or befbre
the appropdate administrative body in Monroe CountY, Flo,dda.
(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 pdor to the institution of any other
administrative or legal pmceedIwo
(4) The County and Property Owner agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the -non-prevailing party. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the
Flodda Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monme County.
b. gLinding, Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County and Property Owner
and their respective legal representatives, successors, and assigns.
.............................
Propeny Owner is Imulation Agrnment Page 12 of28
c. Somw4bilit,L, If any tenn, covenant, condition or provision of this
Agreement r 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
terrns, 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. AMILority. 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.
e. Duration of g . 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 reasona th bly required to effect e
Program Improvements (the uTerm"), except as may be sooner terminated in
accordance Wth the provisions of this Agreement,
f. Agggpigno gf Gifts Grants Funds 2r t ®
The Assistance
County and Property Owner ree that each shall be, and is, empowered to accept for
the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used
for the purposes of this Agreement.
g. Claims for Federal or State Aid. The County and Property Owner
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that all applications,
requests, grant proposals, and funding solicitations by the Property Owner shall be
approved by the County prior to submission.
h. A Aig&gfion gf Dis utes 2 r 1 a.,iqemqn The County and
L2_ _ _P_p _q_ g%s�
Property Owner agree that all disputes and disagreements shall be attempted to be
resoI ved 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 disciffn ins ation has
occurred, this Agreement automatically terminates without any further action on the part
of any party, effective the date of the court order. The County and Property Owner
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nond iscri in Mation. These include but are not limited to: (1) Title
VI of the Civil Rights Act of 1964 (P1. 88-352) which prohibits discrimination on the
basis of race, color or national odgin; (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
JImperty Owmr Noise inalation Agymment Page 13 oft
prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment
Act of 1972 (P.L. 92-265), as amended, relating to nond iscrim Mation on the basis of
drug use; (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 confidentiality of alcohol and drug abuse patient records; (7) The Americans
With Disabilities Act of 1990 (42 US.C. s. 1201 Note), as may be amended from time to
time, relating to nondiscd m!nation on the basis of disability; (8) The Florida Civil Rights
Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, F-Iodda Statutes), as
may be arnended 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
ordIn ces which may apply to the parties to, or the subject matter of, this Agreement.
j. Cooperation. 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
servI ces under this Agreement. The County and Property Owner specifically agree that
no party to this Agreement shall be required to enter in'to any arbitration proceedings
related to this Agreement or any Attachment or Addendum to this Agreement.
k. Books, Records, and Documents. The County and Property Owner
shall maintain books, records, and documents directly pertinent to perl'brmance 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 I& four years
following the termination of this Agreement,
1. Covenant of No Interest. The County and Property Owner
covenant that neither presently has any interest, and shall not acquire any interest,
which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited
in this Agreement,
m. Code of Ethics. The County agrees that the officers and
employees of the County recognize and YAII be required to comply with the standards of
conduct relating to public officers and employees as delineated in Section 112.313,
Flo r1da Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing
busiriess with one's agency; unauthorized compensation, misuse of public position,
conflicting employment or contractual relationship, and disclosure or use of certain
information.
Property Owner Wois—e Im-ulation"A g're—em—ent — Page 14.11 of.28
Solicitallon/Pavment. The County and Property Owner warrant
that, in respect to Itself, it has neither employed nor retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has riot 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
makirig of this Agreement. For the breach or violation of this provision, the Property
Owner agroes 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
arnount of such fee, commission, percentage, gift, or consideration.
o. Eublic 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
receI ved by the County and Property Owner in conjunction with this Agreement; and the
County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by the Property Owner. Public Records Compliance. Property Owner must
compI y with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and
Property Owner shall allow and permit reasonable access 'to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession
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 perl'brmance. The County shall have the right to unilaterally cancel
this contract upon violation of this provision by the Property Owner. Failure of the
Property Owner to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the
fbr,m of a court proceeding and shall, as a prevailing party, be entitled to reimbursement
of all attorney's fees and costs associated Wth 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 Countys custodian of records,.provide the
County Wth 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 oonfidential and
exempt from public records disclosure requirements are not disclosed except as
............
Pwpeny Owner Noise InwIddon Agmment Page 15 of28
authorized 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.
( ) Upon completion of the contract, transfer, at no cost, to the
County all public records in possession of the Property,Owner or keep andmaintain
public records that would be requiredthe County o perform the service. If the
OwnerProperty transfers all public records to the County uponcompletion of the
contract, the Property Owner shall destroy any duplicate public records that are exempt
r confidential and exempt from public records disclosurerequirements. If the Property
Owner keeps and maintains public records upon completionf the contract, the
Property Owner sh li all applicable requirementsfor retaining public records. All
records stored electronically u t be provided to the County, upon request from the
oun custodian of records, in a format that is compatiblewith the information
technology t the County.
(5) A request to inspect or copy public records relatingto a County
contract directly the County, but if the County does not possess the
requested records, the County II immediately notify the Property Owner of the
request, and theProperty Owner must provide the recordsto the County or allow the
recordsto be inspected or copied withinreasonable time.
If the a ner has questions regarding the' application of
Chapter 119, Florida Statutes, nets duty to provide public records
relating to this contract, contactthe Custodianof Public Records, Brianley at (3 5)
- 0.
p. Non-Waiver of Immunity 't i the provisions of Sec.
768.28, Florida Statutes, the participation of the Countyand Property Owner in this
Agreement and the acquisitionof any commercial liability insurance coverage, self-
insurance ve , or local government liability Insurance pool coverage shall not be
deemed a waiver of immunity y the Countythe extent of liability v , nor shall
any contract enteredInto by the County be requiredto containn vision for waiver.
. PHvile es gnd Immunities. All of the privileges immunities from'
liability; tin laws, ordinances, d rules; and pensionslief, disability,
workers' compensation, and other benefits which apply to the activityofficers, nts,
volunteers, or employees of the County, in their respective functions
under this Agreement within the territorial limits of the Countyshall apply to the same
extentdegree and to the performance of such functions and dutiesof such officers,
agents, volunteers, or employees outside the tenitodal limits of the County.
r. legal, Obligations and sni iliies o - l tin of
Constitutional or Statuto Duties, This Agreement is not intended t , nor shall it
construed livi any participating entityobligation or responsibility
imposed he entity by law except to the extent of actual and timelyperformance
thereof by any other participating entity, in which case the performancea
in satisfaction the obligation or responsibility. Further, this Agreement is not intended
t , nor shall it be construedauthorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
_._..____�.............� _�.......�
Propeny Omer Noise Imladon Agmement Page 16 of t
state statutes, case law, and, specificaily, the l I f Chapters t
Flu totes.
s. Non-ReHance by Non-Parties.. No un or entity shall be entitled
to rely the nn ' of them, of this Agreement to enforcer attempt to
enfbr,ce any third-part third-party claim or entitlement to or benefit of any service
contemplated hereunder, the County and Property ner agree that neither the
County nor Property Owner or any agent, officer, or employee of each shaH have the
authodty oWorm, counsel, or otheWse indicate that anyi t r individual or group
f individuals, entity or entities, have entitlementsr benefits r this met
separateand , infedor , r superior to the communityin general or for the
purposes contemplatedin this Agreement.
t. ti nn r r t cute inch
t t u nt may e reasonably l in the performance f the obligations
and ti f the unto or Property Owner under this ant.
u. No Personal Liability. No covenant or agreement contained herein
shall be deemed t nn not or r r t r
t f member, W
employee of Monroe County in his or her ind[Vidual capacity, and no member, officer,
agent or employee f Monroe Countyshall be liable ll on this t or be
subject to any1 liability r accountability by reason of the executionf this
Agreement.
. �Execution in Counternarts. This Agreement may t in
any number of counterparts, each of which shali be regarded as an ortginW, all of which
taken together ll constitute one and the same instrument and any of the parties
heretocut thi t by signingany such counterpart.
w. uSection Headings. Section headingsbeen inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
sectionheadings not a part oft1 t and will not be used in the
interpretation of any provision of this t.
R-oper&OwnerNoise Insulation Agreement Page 17 of 28
IN WITNESS , the Property Owner and the County have
executedthis Agreement as of the day and year first above written.
WITNESSES:
OWNER:
9 v'
3
lure
1 n 1 m� G9
3 ,
P t Name
Nv
,rT,�'�tt
Ina
,; to
Printed Name
W TN �ESS S: PROPERTY OWNER:
E 077
Signature �
Printed Name
= Printed Nam
5 Pni Ura
Psi,tad F e
_. ..
-.M6?4.ROE CO, UNTY
..
4. 1 r
Atte st
VICLERK SLYV M-1 C HY
+f
By.
Deputy
Irk Signature
r
Date
Uv ATTORNEY
Property
a e 1 of l
Noise In anont � �c� � �.
f
a
r"to r
� r
PROGRAM POLICY STATEMENTS
f
Exhibit A
To
Property Owner Noise Insulation Agreement
A. Air Ionina: General Restrictions. While providing a new dustless "mini-
splif AC system to your condominiumthe NoiseInsulation
modifications, the followinglimitations and restr' tl ill apply to all condominiums:
All condensing unitsit installed i
2. All refrigerant lines i the balconyi its Will be installed
consistent with KWBTS Board policyI Iilng a maximum height of 48
inches.
3. II condensate lines ill be installed the buildingexterior consistent with
Board policy I the highest level of consistencybuilding
architectural ti .
4. All interior i a condensate, electrical)
Ventilator ill be housed in now vertical I and comer pilasterswhich
will be constructedto matchquality f existing walls. The number and locations
of the new vertical ll and comer pilasters will differ depending on your unique
condominium l tive architect will
review this inforrnation with you at your NIPi I Meeting.
5. Only electrical service panelsthat are determinedthe Program Manager to be
deficient ill be replacedthe Program as a part of the NoiseInsulation
modifications.
B. - -Window Sillto the presence of asbestos, the NIPwill provide
customnew r sill instead f the existingsurround,
to thisI lan, existing customill (marble, granite, will not be replaced.
This revision `I improvement, ite decreasing constrictionimproving
time efficlencles.
MoldingC. Custom Crown
asbestosThe new it t ill restrict the abilityto removeexisting
customtrim and baseboard priort r ion (as originally assumed), which will not
allow sufficienttime r the awarded general contractor to secure custom
replacement trim. Therefore, existingl i , wall trim, , the
contractorill, instead, t the existingtrim flush to the face of the new pilasterr
thru wall ac-Infill. At new pilasterlocations , if the thru wall ac infill abuts the existing
contractorbaseboards, the ill install a standard fpaintedt
abut the existingtrim, tattempting the existingtrim profiles
and materials. r the completionf the NIPconstruction, `ll
Exhibit A-Property Owmer Noise Insuladon Agmement Page 19 of 28
have the option to replace the installed trim with other custom trim to match the existing
materials and profiles.
D. Door Threshold Heights. Due to stringent 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 (from the
floor) than existirig door thresholds. These higher door thresholds are designed to
provide optimum protection to ft interior of a condoniinlurn from water infiltration during
a hurricane.
E. KWBTS Asbestos Testiggi
As required by state and federal requirements, THC conducted asbestos testing on all
participating KWBTS condominiums in Buildings A, B and C during the November 2017
to April 2018 time period. This testing included collecting 7 to 9 samples at each
condorniniurn to include gypsum board joint compound, window glazing, and exterior
window and door caulking. In addition, rand"om exterior stucco sampl ll
es were coected
on both the 'Walkwa)( and "courtyard / balcony" building elevations,
Depending on the laboratory analysis of these samples, the presence of asbestos
containing materials (ACM) have the potential to impact several areas of the. NIP
construction process to include:
- window removal and 'acoustic window installation,
- door removal and acoustic door installation,
- removal of portable 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 Raq!Llrernents
In the event any samples show a presence of asbestos containing material (ACM), the
awarded NIP contractor will be required to perform the following abatement
requirements during construction:
,if samples ghow_presence
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.
............
Echibit A- peny Owner Notse insulation Agreement Page 20 of 28
If samMesa show a presence '1%
The NIP contractor will be requiredto perform full asbestos abatements
directed the Environmental Protection Agency(EPA)to include:
Construction of ACM containment barriers in all areas (walls, ceilings, closets,
i r ), approximately 4 feet from all walls and areas impacted
the NIP modifications.
Abatement and bagging (resulting liti s) by
certified t t staff.
Air sampling of containment areas andclearance II areas by certified
asbestosent staff to allowaccess to containmentby traditional
( t) workers.
- THC will be requiredto provideexecutive v i ht of all ACM abatement
processes in all condominiums throughout the NIPion process t
properensure compliance withfederal and state abatement ui lin s.
- The presenceill have i nifi nt impact on the NIPconstruction
process, lengthening n ru ion period-andincreasing the sequencing
and coordination requirements of contractor crows.
Given the cost to providei be abatement procedures, the FAA
ill require THC to developsin and construction plan that,minimizes the
disturbance of ACM to ensurethe minimizationf construction costs,
duration, liability h contractor and KWBTS property owners. This plan
ill result in now property owner requirements andsin restrictions which
are outlined below.
H. KWBTS _BOARD Authority of DeslUni I . The KWBTS Board will have the
Authorityto 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 andr Operational Styles
4. Interior Ductless "Mini-Spilir AC System Installation Requi n
. Interior Ductless ° ! i- lit" AC System Interior Soffit DesignPlacement
6. In-Filled itchPrime Door Policy Treatment
. ..._m
Exhibit - e o' insulatione . e 2 1 of2
LEGAL DESCRIPTION OF PROPERTY
Exhibit
NoiseTo
Homeowner
Condominiumi ,
condominium, t t l l Interest i the common elements, according
the Declarationit f, recorded in Official Records Book 589, Page
370, as amended from time time, f the Publicf Monme County, Florida.
Exhibit B-Property Owner Noise Insulation Agreement Page
PROGRAM IMPROVEMENTS
Exhibit
HomeownerTo
Noise Insulation
This Exhibit_C representsthe Program Improvement c r an eligiblehome that
includes the Program Improvements developed by the Program Manager to reduce the
Interior environment of a propertyminimum of five (5) decibels.
A typical Program Improvement pac may include:
Architectural win s
Replacement Aluminum Acoustical Windows
Replacement Aluminum Acoustical Swinging PrimeDoor(s)
Replacement lu inu Acoustical liin lass Patio Door(s)
Exhibit C-Property Oymer Noise Insulation Agree t Page
DEFICIENCY HOLD HARMLESS AGREEMENT
Exhibit
NoiseTo
Property Owner Insulation
1. In partial consideration of the compensation i on behalf of the
County n the Program for the Program Improvements-t the Property
described in the Agreementv i (t ) between the County
and Property Owner and to which this Exhibff D is attached, the undersigned, r and on
behalfundersigned and the -heirs, personal representatives, successors, and
assigns i r releases, remises, discharges, indemnifies and
covenants not to sue, institute claims against, or institute n ins against, the
County, or any of its agents, officers, employees, consuftants and/or contractors
concerning any and all claims, demands, damages, actions or causes of action of
whatsoever kind and naturet of bodilyinjuries or death, damage to the property,
and the consequencesany of the foregoing which may accrue to the
undersigned or their respective heirs, n l representatives, successors n ins in
connection with anyn II Pro-Existing Defcie i s (the "Deficiencies") i i
County r any of b officers, employees, consultants and/or contractors
legally liable.
2. The Property Owner understands and assumes full responsibility for the
Deficiencies present in the Property, whether visible to the Program Manager or unseen.
. The Property Owner understands that the DeficienciesInclude
deficiencies present in the Propertythe time execution of thiset which could
include, but not be limited to, code violations, structural damage, water 1 moisture
damage, s materials, infestation and/or any issue that would negatively impact
the installation an e r c of the Program Improvements.
4. If visible, the Property Owner understands that the Program Manager may
identify ocu Deficiencies i throughout the Program process
(including design, bid and construction ). If identified ocu t , the
Program Manager will classify the observed Deficiencies as either"Minoru or"Severe".
5. The Property Owner assumes full responsibility for the worsening
documented inr Deficiencies.
6. In the rare event " v Deficiencies are identified ri the design
process, the Property Owner agrees to obmpletea i to the Property, t
the t the Program Manager, as a preconditionthe commencement of
construction of the Program Improvements. In the rare event that "Severou Deficiencies
are uncovered ri construction period, the Property Owner agrees to complete
_.. _ _ ..... .__ ...
ExhibitOwner Noise Insulation Agreement Page 24 f 28
necessary repairsto the to the acceptance of the Program Manager to
minimize y delay or stoppages of work.
undersigned7. The nowledge and agree that all of the releasel
harmless indemnity provisionsforth in Paragraph I of this Exhibit D apply
property damage, injuries, , or damages arisingtDeficiencies for II
negative impacts that later result after the additionof the Program Improvements.
provisions of this i II surviveh termination r ex' pirationy
Owner Noise Insulation .
8. The undersigned
hereby agree that the terms andvision f this ExhibIt
_ II binding upon, inurehundersignedt it iv
i l representatives, successors and assigns..
k 3 � f
g ature
r
, r SignaturV,7Pfl
7ame,
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Signature
Date
Printed Name
.. _ .. _.._. PROPERTY.._ ......... _ ....... ,
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Signature w.m..-
Pn'U`f<etcll
Signature � .;
rJ
Data
Printed Name 3
WITNESSES: _..._ � .._.._...... OWNER:` ,, ..........�_.......
Signature
Signature
Printed Name
1
Printed Name
Signature
Date
1
Printed Name
Exhibit D-Property Owner NoiseInsulation e e a 25 of 28
"VENTILATION
Exhibit
PropertyTo
iInsulation
1. In partial consideration of the compensationto be paid on behalf
County and the Program for the Program Improvements to be made to the Property
described in the Agreementof even date herewith (the "Agreement") between the County
and Property Owner and to which this Exhibit E is attached, the undersigned, t and on
behalf of the undersigned and the heirs, personal representatives, successors, and
assigns the undersigned, forever releases, remises, discharges, inderrinmes and
covenants not to sue, institute claims against, or institute any proceedings against, the
County, or any of i , officers, employees, consultantsand/or contractors
c i n 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 foregoing which may accrue
the undersigned or their respective heirs, personal representatives, successors and
assigns in connection with any and all Ventilation Deficiencies (the " cl nci ") against
said County or any of its officers, employees, consultants and/or contractors to b
legally liable.
. The Program Improvements may include the addition of acoustical
windows.and doors, removal and i fillin of 'through-wall" portable air conditioner units
and-the addition of a replacement ductless "mini-split" air conditioning system. Because
these modifications will result in a tighter interior environment due to the elimination of
all passive inside / outside air leakage that was naturally occurring in all openings, the
Program ill also include the addition of a energy recoveryventilation ( ) unit which
will provide an adequate exchange of inside / outside air to the condominium a
required building .
3. Given the tightened interior environment of the treated condominium, the
Property Owner agrees to assume full responsibility for the proper operation of the new
Program ductless to and energy recovery ventilation ( ) unit to avoid the
potential for mold and moisture problems, especially during periods when the
condominium is closed and uninhabited.
4. Due to FAA eligibility limitations, the Program will not be providing
bathroom exhaustfan treatments. in t tubsand/or showers are a source of
moisture generation in the interior environment of a condominium, the Property Owner
agrees to assume full responsibility for ensudng that II bathrooms have an operable
bathroom exhaustfan capable of propedy exhausting bathroom oltu to the exterior
of the building. It should also be noted that the original KWBTS condominiums were
constructedwith a small wall vent that was designed to allow the passive exhaust of
Exhibit E- Owner Noise Insulation nt Page 26 of 28
bathroom moisturein a central biuMng exhaust ng the Program design
survey roe it i coy the KWBTS buildings lack a solidcentral building
exhaust shaft. Due to this existingIImg these original wall still
have l potential Ide a pathway for unwanted air, r gases into the
condominium interior. The Property Owner agrees to assume full responslUlty for the
seaRng of original wall vents in all bathrooms and for any and all negative Impacts that
may resutt If left untreated.
5. It is c6adybuilding in violation u laundry r exhaust to the
KWBTS I exhaust shaft. In the eventOwner has Incorrectly
their laundry dryer vent to the KWBTS central building exhaust shafts, they agree t
correct this mlency by property exhausting their laundry dryer exhaust in an
afterriafive method that building t their cost before the initiation o
the Program construction . Furthermore, the Property Owner agrees to assume
any and all liability l the improper ducUng of their laundry a W
6. The Property Owner understands that the ProgramImprovements wIll
address kitchen rm n th mom ventlMon and/or excessive Interior humidity levels
generated by the Propertyn I n the lint d r oft u m lr l m . The Property
Owner understands and assumesfull responsibility for maintenance of interior moisture
r
and mrml I levels. The Property Owner agrees to assumefull responsibility r any
occurrence, reoccurrence or worsening of moisture problems and/or interior humidity
levels In the Property. In addition, the Property Owner agrees to assume full
responsibilityr the maintenancen t'Ion of the NIPventing I bon r
completion of the Prr urm Improvements.
. The rm Igned acknowledge' and agree that all of the l , Idol
harmlessand kidernnky provisionsIn Paragraph,I of thisapply
Injuries, , ordamages sustainedin connection with or as a resultall
interior ventilation deficiencies arisingr the additionProgram Improvements
including, but not limited , high humidity, 1 Il r lack of proper exhaust
ventilation. The provisionsI _ shall survive the terminaflonr expiration of
the Property r Noise Insulation Agreememet.
8. The undersigned hereby agree that the terms and proviMons of this
Exhibit E shall be binding Mure to the benefit of the undersignedtheir
respective Mrs, personal representatives, successors and assigns.
DOPERTY OWNER:
Signature
u
P � s
3 Printedu..
e
PInled Name
u
7�sgr6AU
Date
Printed Name
_....... �. — _.......................
_._..,
Exhibit E-Property Ovvner Noise Imulation Agreement Page 2T of 28
..
SEP: PROPERTY OWNER:
to
Signature
_ -
Signature
„ s
Pir—Inted Name
Printed��� Name..
_
dig, atu r, gi i
Date
Printed Name
,T _.... ._ ........ ........ _, �_....._...
PROPERTY OWNER:
SI na
Signature
Printed Name
Pdnted Name
Signs
e ... 8
Printed Nam
...._...... _ ... _._..
Exhibit E-Property Owner Noise Insulation Agreement Page 28 of 28