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Item C13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 10/18/00 10/19/00 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval for the County Administrator to execute the Key West International Airport Noise Insulation Program Agreements on behalf of the County. ITEM BACKGROUND: Approximately 180 homes adjacent to the Key West Airport will be provided insulation treatment within the next three to four years. Funding for this program is provided by the Federal Aviation Administration and Passenger Facility Charge Revenue. PREVIOUS RELEVANT BOCC ACTION: Acceptance of Federal Aviation Grant for Noise Program, September 2000 Approval of Passenger Facility Charge Application # 4, July 1998. STAFF RECOMMENDATION: Approval TOTAL COST: $3,500,000,00 BUDGETED: Yes COST TO AIRPORT: None COST TO PASSENGER FACILITY CHARGE: $350,000,00 COST TO COUNTY: None REVENUE PRODUCING: No AMOUNT PER MONTHIYEAR: APPROVED BY: County Attorney X OMB/Purchasing: N/A Risk Management: Review to recommend requirements AIRPORT DIRECTOR APPROVAL ~ Peter J, Horton DOCUMENTATION: Included'/ To Follow Not Required AGENDA ITEM # / - Cd DISPOSITION: Ibev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Eligible Homeowners Effective Date: Will differ Expiration Date: Will differ Contract Purpose/Description: Noise Insulation Program Agreement Contract Manager: Bevette Moore (name) # 5195 (Ext.) Airports - Stop # 5 (Department/Courier Stop) for BOCC meeting on: 10/18/00 Agenda Deadline: 10/4/00 CONTRACT COSTS Total Dollar Value of Contract: Unknown - particular to each home Current Year Portion: Unknown Budgeted? Yes Account Codes: 404-63039-GAKA36 Grant: Federal Aviation Administration - 90 % County Match: Passenger Facility Charge - 10% ADDITIONAL COSTS Estimated Ongoing Costs: N/A For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW SAMPLE CONTRACT ONLY - NO MONETARY VALUE Changes Date In Needed Reviewer Date Out Yes No Airports Director to/CD/oo ( ) (X) ~ 1Q!&t!ll) Peter Horton Risk Management -1-1- ( ) ( ) -1-1- Wayne Robertson O.M.B.lPurchasing -1-1- ( ) ( ) .vIA -1-1- County Attorney -1-1- ( ) ( f'L Sheila Barker -1-1- oh Wolfe...- Rob Wolfe Comments: AVIATION NOISE INSULATION PROGRAM AGREEMENT Key West International Airport Noise Insulation Program This Noise Insulation Program Agreement (this "Agreement") IS made and effective this day of , 200_, by and between Monroe County (hereinafter referred to as "the County"), and <<HOMEOWNER1)) and <<HOMEOWNER2)) (hereinafter referred to as "the Homeowner"). RECITALS: 1 The Homeowner is the sole record owner in fee simple of certain real property located in the City of Key West, State of Florida, and more particularly described on Exhibit A attached hereto ("the Property"); and 2. The County is the owner and operator of the Key West International Airport ("the Airport"), situated in the City of Key West, State of Florida, and in close proximity to the Property; and 3. The County desires to attempt to reduce aircraft-generated noise levels in residences meeting the Noise Insulation Program eligibility requirements; and 4. The Homeowner desires to reduce aircraft-generated noise levels within their residence experienced when aircraft fly over the Property; and 5. In exchange for the County's agreement to provide the noise insulation treatment as set forth herein, the Homeowner agrees to grant to the County an avigation easement over, across and through the Property for such free and unobstructed flight of aircraft landing upon, taking off from, or maneuvering about the Airport. AGREEMENT: By signing this Agreement, the Homeowner acknowledges his/her intent to continue his/her participation in the Noise Insulation Program. In consideration of the mutual desire of the County and the Homeowner to reduce noise levels within the Homeowner's residence and in consideration of the covenants set forth herein, the parties do hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Homeowner shall execute and deliver an Avigation Easement to the County in the form attached hereto as Exhibit B ("the Avigation Easement"). NOISE INSULATION PROGRAM AGREEMENT Page 2 of 5 2 Concept Packet Prior to the date of this Agreement, the County, at its sole expense, shall have caused an acoustical treatment technician and/or a licensed architect In the State of Florida ("the Consultant") to evaluate the Property and prepare the Concept Packet attached hereto as Exhibit C ("the Concept Packet") including the following information a Product Selection Forms, b Elevation Photographs, c Homeowner Pre-work Requirements, d. Schematic Floor Plans, e Mechanical Recommendations, f Electrical Recommendations, g. Ceiling and Wall Treatment Recommendations, and h. Door and Window Treatment Recommendations. 3 Homeowner Pre-work Requirements The Consultant will identify any pre-existing City, County or State code violations and any other existing defects in the Property which relate to or affect the proposed noise insulation treatment improvements including, but not limited to, code violations and any other existing defects in the architectural, structural, mechanical or electrical systems located on the Property. The Homeowner shall acknowledge the existence of the Homeowner Pre-work Requirements listed in the Concept Packet by executing and delivering to the County the Notice of Homeowner Pre-work Requirements attached hereto as Exhibit D. 4. Required Repairs. Notwithstanding anything to the contrary contained in this Agreement, the Homeowner shall be required to correct, through licensed contractors, and within thirty (30) days of the date of this Agreement, any and all Homeowner Pre-work Requirements which, in the Consultant's determination, will prevent the Contractor (as hereinafter defined) from properly performing the Work on the Property (the "Required Repairs"). The Homeowner shall cause the Required Repairs to be properly corrected (at the Homeowner's expense), prior to, and as a condition of, the County causing the Work to be commenced. The Homeowner shall promptly contact the County upon the completion of all Required Repairs. 5. Selection of Contractor. At the County's sole cost and expense, the County shall hire a contractor (the "Contractor") to perform the Work according to the terms and specifications of the Concept Packet. 6 Homeowner's Release The Homeowner, for itself, its heirs, personal representatives, successors and assigns, does forever release, remise, discharge and covenant not to sue the County, or any of its agents, officers or employees, concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries, death, damage to property, NOISE INSULATION PROGRAM AGREEMENT Page 3 of 5 and the consequences thereof, in connection with or arising our of the actions of the Consultant 7. Homeowner-Contractor Noise Insulation Contract In order to continue their participation in the Noise Insulation Program, the Homeowner shall execute, with the Contractor and Monroe County, the noise insulation contract substantially in the form attached hereto as Exhibit E. 8 Cooperation. As reasonably requested, the Homeowner shall cooperate with the Contractor in the performance of the Work including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary 9 Additional Services from Contractor Prohibited. The Homeowner shall not contract with the Contractor to repair any Homeowner Pre-work Requirements or perform any other services at the Property on the Homeowner's own behalf during the period when the Contractor is under contract with the County to perform the Work. 10. Utilities. The Homeowner 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 Work. . 11.Access. At reasonable times and upon not less than forty-eight (48) hours advance notice, the Homeowner shall grant the Consultant, the Contractor, the County, and their respective representatives, agents and employees access to the Property for the purpose of performing and supervising the Work. 12.Title Examination. The County shall obtain, at its sole cost and expense, a Title Insurance Commitment (the "Commitment") relating to the Property, which Commitment shall be issued by an insurer licensed to write title insurance in Florida. The County shall deliver to the Homeowner a copy of the Commitment within twenty (20) days of the date of this Agreement 13. Permission to Contact Lenders. The Homeowner hereby permits the County to contact directly any and all parties holding mortgage lien(s) against the Property (the "Lenders") to inform such Lenders of the Avigation Easement. 14. Cooperation in Clearinq Title. Prior to the commencement of the Work, the Homeowner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the Commitment and in the sole determination of the County may serve to invalidate the Avigation Easement, and (ii) secure the written consent of any and all Lenders to the Homeowner's conveyance of the Avigation Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters") If, prior to the commencement of the Work, the County, In its sole discretion, determines that the Title Matters affecting the Property will not permit the valid conveyance of the NOISE INSULATION PROGRAM AGREEMENT Page 4 of 5 Avigation Easement, this Agreement shall be null and void, and the Avigation Easement shall be returned to the Homeowner. 15 No Removal of Noise Insulation Materials. The Homeowner shall not intentionally remove any of the noise insulation materials and/or noise reduction equipment installed as part of the Noise Insulation Program. 16. Withdrawal. After execution of this Agreement, the Homeowner may withdraw from the Noise Insulation Program upon delivery of written notice to Monroe County; however, the Homeowner will not be allowed to re-enter the Noise Insulation Program until al,1 other eligible participants in the Program Mitigation Area have been offered an opportunity to participate in the program. Monroe County may terminate the Homeowner's participation in the Noise Insulation Program upon delivery of written notice to the Homeowner if the Homeowner fails or refuses to undertake the repairs required by paragraphs 3 and 4 above, or otherwise comply with the terms of this Agreement 17, Penalty, The Homeowner understands and agrees that if they terminate participation after execution of the Homeowner-Contractor Noise In~ulation Contract (described in paragraph 7 above) they will have to reimburse' to Monroe County all costs associated with labor and materials for the noise insulation of their home expended by Monroe County, 18. Cancellation of Aviqation Easement If the Homeowner withdraws from the Noise Insulation Program as provided for in paragraphs 16 and 17 above, then Monroe County will, upon simple demand in writing from the Homeowner, cancel from the public records the Avigation Easement executed concurrently herewith. 19, Warranties. The Contractor shall agree to remedy all defects due to faulty materials, equipment, or workmanship that appear within a period of one (1) year from the date of completion of the Work. In addition, the Contractor shall agree to assign directly to the Homeowner all warranties or guaranties furnished or supplied by manufacturers of any materials or equipment installed in the residence. The Homeowner acknowledges that the Work undertaken as part of the Noise Insulation Program may be considered a capital improvement of the residence under local real estate assessment and taxing policies, and therefore, may result in increased property taxes on the residence. Monroe County shall not be responsible for any increase in property taxes, utility, or other costs as a result of the measures undertaken as a part of the Noise Insulation Program; nor shall Monroe County be obligated to maintain any equipment, materials, or supplies utilized in the modification of the residence, The Homeowner acknowledges that these maintenance, tax, utility, or other costs are the Homeowner's responsibility. 20 Special Power of Attorney. If more than one person holds a share of the title to the residence, a Special Power of Attorney shall be signed by one or more titleholder NOISE INSULATION PROGRAM AGREEMENT Page 5 of 5 which shall designate one person to act on behalf of those title holders signing the Special Power of Attorney during all phases of the Noise Insulation Program. 21 Successors and Assiqns. The terms and provisions of this Agreement shall be binding upon, and inure to the benefit of, the Homeowner, his heirs, personal representatives, successors and assigns, and the County, its successors and assigns. 22. Term. This Agreement shall begin as of the date indicated above, and shall terminate upon the date the Work is accepted by Monroe County and the Homeowner or withdrawal of the Homeowner from the Noise Insulation Program, whichever occurs first. 23 Governinq Law This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 24. Entire Aqreement. This Agreement constitutes the entire agreement between Monroe County and the Homeowner and shall not be changed or modified except by written consent hereto. IN WITNESS WHEREOF, the Homeowner and the County have executed this , Agreement as of the day and year first above written. HOMEOWNER: <<Homeowner_1 )) <<Homeowner_2)) COUNTY: THE COUNTY OF MONROE By: Name: Title: Exhibits A. Property Description B. A vigation Easement C. Concept Packet Includes: 1. Product selection Forms 2. Elevation Photographs 3. Homeowner Pre-work Requirements 4. Schematic Floor Plans 5. Mechanical Recommendations 6. Electrical Recommendations 7. Ceiling and WaD Treatment Recommendations 8. Door and Window Treatment Recommendations D. Notice of Homeowner Pre-work Requirements E. Homeowner-Contractor Noise Insulation Contract '. ..'" 'SAMPLE * DO NOT EXECUTE * DOetnmNT MAY' BX HODJ:FJ:ED IN lrU',L'URE bhibit A Legal Description of the Property [To Be Inserted] ExamI!k \ \ \ The South 90 feet of that part of the South West 1/4 of Section 22, Town 6 North, Range 22 East, City of St. Francis, County of Milwaukee, State of Wisconsin, bounded and described as follows, to-wit: Commencing at a point 462.66 feet East and 472.28 feet N9rth of the South West corner of the South West 1/4 of Section 22; running thence on a line East and parallel to the South line of said 1/4 Section, 184.47 feet to a point; thence on a line North and.parallel to the West line of said 1/4 Section, 236.14 feet to a point; thence on a line' West 184.47 feet to a point; and thence on a line South 236.14 feet to the place of beginning. Tax Key No. 592-9914-000 ADDRESS: 4619 S. Kansas Avenue Exhibit B ' AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this _ day of , by , hereinafter referred to as "the Homeowner," in favor of the MONROE COUNTY SOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "SOCC." RECITALS: A The Homeowner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: also identified as street address: B. The soee is the owner and operator of Key West International Airport ("the Airport"). e. It is the purpose of this Easement Agreement to grant to the SOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by both parties, the Homeowner and the soee agree as follows: 1. The Homeowner on behalf of the Homeowner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the soee, its successors and assigns, a perpetual avigation easement over the Property. The use of the easement shall include the right to generate and emit noise, vibrations, dust and fuel particles from engines, wind and aircraft, to display aircraft landing lights, and to cause other effects as may be associated with aircraft landing and taking off at the Airport. This easement shall apply to all such aircraft activity at the Airport, with a maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached), 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 so long as the noise level does not exceed the referenced maximum (Year 2003 Noise Exposure Map, Without Program Implementation). Exhibit B AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this _ day of , by , hereinafter referred to as "the Homeowner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A The Homeowner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: also identified as street address: B. The BOCC is the owner and operator of Key West International Airport (''the Airport"). C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by both parties, the Homeowner and the BOCC agree as follows: 1. The Homeowner on behalf of the Homeowner 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 right to generate and emit noise, vibrations, dust and fuel particles from engines, wind and aircraft, to display aircraft landing lights, and to cause other effects as may be associated with aircraft landing and taking off at the Airport. This easement shall apply to all such aircraft activity at the Airport, with a maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached), 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 so long as the noise level does not exceed the referenced maximum (Year 2003 Noise Exposure Map, Without Program Implementation). AVIGATION EASEMENT Page 2 of 4 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 BOee or its successor in interest as owner and operator of the Airport. 3. The Homeowner on behalf of the Homeowner, its heirs, assigns and successors in interest, does hereby release the BOee, and any and all related parties of the BOee, including but not limited to BOee members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorneys fees or causes of action of every kind or nature for which the Homeowner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of normal Airport operations or normal aircraft activities and noise levels related to or generated by normal 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, vibrations, fumes, dust, fuel particles and other effects of the normal operation of the Airport or of aircraft landing or taking off at the Airport. 4. Should either party hereto or any of their successors' or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorneys fees and costs incurred in connection therewith, including appellate action. 5. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This agreement shall be interpreted and construed according to the laws of the State of Florida. 6. No breach of any provision of this Agreement may be waived unless in writing. Waiver of anyone breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that anyone 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 severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 7 In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portion thereof becomes subject to operation, management or administration by a AVIGATION EASEMENT Page 3 of 4 party in addition to or in lieu of the BOee, 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 airport flight purposes, and that any such successor in interest to the BOee shall be entitled to all of the benefits running to the BOee hereunder. This Easement Agreement is executed as of the date first above written. Witnesses: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Mayor "Boce" "HOMEOWNER" STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of , _by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public My Commission Expires: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _day of by Homeowner '- Notary Public My Commission Expires: AVIGATION EASEMENT Page 4 of 4 MORTGAGEE CONSENT MORTGAGE COMPANY ("Mortgagee"), is the owner and holder of a mortgage lien upon the property described in the foregoing easement (lithe Property") pursuant to a mortgage recorded in Official Records Book _' Page _' Public Records of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to the terms and provisions of the foregoing easement. Witnesses: MORTGAGE COMPANY By: Signature of Witness As its: Print Name of Witness Signature of Witness Print Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , _ by as of MORTGAGE COMPANY, on behalf of the corporation. He/She is personally known to me or has produced as identification and did not take an oath. If no type of identification is indicated, the above-named person is personally known to me. Signature of Notary Public Print Name of Notary Public I am a Notary Public of the State of My Commission Expires on . =- ~:!:.... 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IV Ox Z . _ 011 II) ... i.! 1:= I::E CIS ii:.! 011= II):E U ,!!! CD l: ~ CIS :5 'fix '- ... 3:ct 5 ~ .!! :;:; >- u ro IV 0 '0 Q. II) o II) II) Ci) CIl CD ct l: ~ I: "C ~ .!; ~ ~ U .5 '0 ... ... IV o 011 >- .! "C I: :;, :I: ? en '0 c ro ... u. U) ..., CD ~ 5' n e (') o z c t m I ~ ~ ~ ~ m !J.l I I eo I [Q] I I j ~ I I I I "lJ I Gl [ ::tI CD < iii" g lii' ~ -0. o . -0. -0. , co (D ...... en :r CD !. z !=! Examples of Product Selection Forms FrenchwoodiKI Hinged Patio Door Features, Options and Accessories Table This table identifies featun "5, options and accessories available for Andersen Frenrhwood' Hinged patio doors. Sl'e the P;ltiO door options and accessories pages for more information. (must be sPecified) . Specify~.~?roptlo~:.... . ':r.:,~l' ,- . ..NOTE:,' ~Product. ~on nut. . page for A. ~.~ . _.....:..,.........._..".-s;....~........ ..u....... .. ......_....M . !i.r.~,~ I'q;."!:';.,J,l:' \~. '~~".r',,~, '.. a (musl be specified) (musl be specified) o While 0 Sandlone 0 Ten.atonee o Extension lambs: (Dasic jamb width is 4-1121 o for 5-1/4 . wall thickness o for 6-9116 'wall thickness o for 7-118'wall thickness o Exterior extension jamb system: (for walls over 4-112') o for 5-114 . walllhickness o for 6-9116 'wall thickness _Q'or7-1~~lIthiC~es~__. "___ o Hinging (only if nol standard, standard shown w/sizes) o Perma-Clea08 insect screens: o Hinged screen o Gliding screen o Double-hinged screen o High- Performance' Tempered o High-Performance Sun' Tempered o Other glazing options (contact your Andersen supplier) ---. -~--'-- .-- ._--- o Handle nardware: 0 Exterior keyed lock: o Briqht brass 0 Bright brass o H.P bflghf brass 0 Antique brass o Antique brass 0 Chrome o Chrome 1 OPTION: lIem that must be spec::I~~ :0 com..:~I~ an order. or an Item typically specilied lor uni!. 2 ACCESSORY: Ilem specified to customize app~arance I penormance. or I" .;id in Ihe in!'illation ot a specilic pr.,.:uct 3 for more rnlormal.on on full Oivided liQhl and FineLiQhl'" Quiles. cont,.' your Ander~~n supplier. COMPATIBILITY 10 ensule an elliclent, hiQh-oualilV Installallon. specIfy Qe"urne Andersen- pans and accessolles it GRILLE OPTIONS !nlerlor ~fll1e = HardwooD Standard ~ H',:;:wOC,~ CuslOm i.- [,,!p(lr!r IJrtl!e :;y~I'!m. POI'I~J: ::'"ate Standard ( f ..1..;1101 Qfllles J~'. :Iermanent!y applt~d 'v lil~ exlenor side ollhe QlazlOQ o PrellOlshee ,melior 0 Natural inlel/or 'l Prehnlsheo :melior 0 Natural intelior Prelinishee 10 match unil exterior 0 Narrow joining malerials o Reinforced steel o Narrow wood 0 Installation accessories 0 Sill support 0 Oak threshold 0 Ramped sill insert o Inferior grilles (see Grille Options below) o ExIerior grille system (see Grille Oplions below) o Full Divided light grillesJ o Rnelight-Grilles-Be!ween-Ihe-GfassJ o Panel stop o Double screen lrack (for ItPIPA doors with gliding screen) _.. . __ u__ o Andersen Ail Glass' o Compatible interior door trim sets o Passage o Privacy o Dummy 0.7/8' only ~3W 07/8' 1'7:0: ! 17 Extcriol~ Prime Door Style Selections HOMEOWNER'S PROTECTION PROGRAM (HOPP) Milwaukee RSIP ~.I.I G . " . . " L MITCHELL DO ~tI ' .,q ~ t DO fJ D rJL nn ro ~~ .~ J P1 P2 P3 Solid Wood Replacement. Doors P1.P] Peephole optional on doors P1-P3 & P6 Glass size in the P4-PB doors may vary. r-1 I I I ; I I , I, , . I L L-.J P4 '- DO P7 P10 . P13 are solid pine doors With wood on the interior and vinyl dadding on the e.xtertor. P10 HOMEOWNER I;-./ITlALS: DATE: Milwaukee RSIP P11 '"TI....'IO...... .....'0.' -- '.', L-~ I___~ L-_.J Spoclfy Glass OinerakJ.. P5 P6 IIltchor Mohogany --. L--.J I I l I P8 P9 Fire Rated When requlred by code P12 P13 ."U POTENTIAL DOOR TREATMENTS SUBJECT TO Arm ISTfC4L REVIEW B Y 11fE DESIGN TEAM FOLLOWING 7'HF. ASSF.sSMJ::NT vlsrr. SELEer/ON OF DOOR STYLES BY THE HOMEOWNER DOES NOT iNDICATE COMMfITMENT TOPROVlDE NEW DOORS. HOMEOWNER'S PROTECTION PROGRAM (HOPP) ....~---~...._~.~._~-----~-~-r-. ,. Sample . I !Cp Date: 10/16/98 i. I IAddress: I . .. ..-.' -, -. . '" -..... ~-.', ..~." ~ ".. . ....., :,",,"'0:';:. . S!. Francis Visit Date: 09/30/98 . . . " Ii IHOA Date: t. ... '.. '.'. ....... .' jAcoustical'ReQ'd7 Ci Yes. No -..dStru~~u~r~~.Date: N:.~. " 50"10 Date: 1100"10 Date: i (' iAcoust Pre-Date: N/A " ..... '. _. ',w._. .~. ... _.. . ....!~.~ Structural Req'd7 () Yes. No .....L =,.....:. -t.. _ ~. '... ~Acoust Post-Date: N/A J. '.; .. ~~ ' .::: ,'-', -,.~, . ".'.... ,..'_ t' I ./ i :i THC Issue(s) Comments/Reponses f'J Policy Issues 'r--- W H.O. Prework r' ~..J H.O. Issues b Misc. Issues i '- C Delaillssues L....: Policy Issues r-= Producllssues !r-l W Scope Issues t~J Slruellssues J--' ~c.J Prewalk Issues C Misc. Issues I I i I IJPAP I I I I 1 I ! ----1. l 11. Light fixture may interfere with installation of new ! I . d ! tin ow ! j ! I ! I I . .... . :,>-.,.~' ...... . '. ~ . - . . ;~.-P~~d~~l-i~;;;-- .1NAI-----......-... --.-..--.....-- .th': Scope Issues I l= Slrue!. Issues 1 ~--, L. : Misc. Issues I ,._u =d I i I I I i I j i I i I I ! i-="." '._. -'_... - ,i - : Scope Issues ;[: Tesllssues r: Misc. Issues 'HMMH ! I :-.. . -:~~:::-:7:""~.~~=-':::::=:::.::-. .:=:-::::--='=-_-::-.=-:~:';-'-::;::::~ --:-.-:-:-:-:. -.~--:-::_-=--::-~':::-::-.'::;;::-.-':=_ ..._. .__... .... ..I --~.~--=.~-~=~~-~-,.~=-,=~~-~,,..-~.-"~-,"-----=-=-.- -~ Exhibit E HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Key West International Airport Noise Insulation Program This Homeowner-Contractor Noise Insulation Contract ("the Contract") is made and entered into by and between the undersigned homeowner (" the Homeowner"), the undersigned contractor ("the Contractor"), and Monroe County ("the County"). HOMEOWNER WORK # HOME# ZIP CODE SUBDIVISION ADDRESS CITY STATE MAP & PARCEL NUMBER MAILING ADDRESS CONTRACTOR STATE PHONE FAX # ZIP CODE ADDRESS CITY MAILING ADDRESS (if different than actual location) RECITALS: 1. The Homeowner has legal fee simple title to real property and improvements described above (the "Premises"). 2. The County is the operator of Key West Intemational Airport ("the Airport") and administers the Noise Insulation Program. . 3. The Homeowner and the County have previously entered into the Noise Insulation Program Agreement which described certain obligations to be performed by the County and the Homeowner as part of the Noise Insulation Program. 4. The parties hereto desire to enter into this Contract for the modification of the Homeowner's Premises in accordance with the Noise Insulation Program Agreement and the Noise Insulation Program. ROMCOWNER-=-Cb~-TRACTORWOISE"INSULA TIONCONTRACT Page70T8"' 5 The Contractor has been approved by the County for work in this program and has agreed to maintain all insurance and bond requirements for performance of the work contained herein. 6 The Contractor has been selected to perform the Statement of Work attached hereto and the Contractor is in agreement to perform said work in accordance with the cost estimates estimated by the Consultant for the County's Noise Insulation Program. AGREEMENT: NOW, THEREFORE, for and in consideration of the Premises and mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. In consideration of the amount of Dollars ($ ) (the "Contract Sum"), the Contractor shall perform or cause to be performed, all work described in the Statement of Work (attached hereto) for the noise insulation of the Premises, and shall furnish or cause to be furnished all labor, materials, machinery, tools, equipment and services necessary ("the Work"). 2. By execution of this Contract, the Contractor represents that it has visited the Premises and familiarized itself with all conditions under which the Work is to be performed. The Contractor has further satisfied itself that the Statement of Work fully indicates the extent and requirements of all Work to be performed hereunder. If, after commencement of the Work, the Contractor discovers that modifications to the Statement of Work are required as a result of conditions at the Premises that were not reasonably discoverable prior to commencement of the Work, the Contractor shall immediately initiate the change order procedure described in paragraph 13, below. 3. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, and for performing, scheduling and coordinating all portions of the Work in a proper manner and in strict compliance with all applicable codes, rules regulations and laws. In addition, the Contractor shall comply with all requirements of the Florida Construction Lien Law. 4. The Contractor warrants to the Homeowner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects, and in strict conformity with the Statement of Work. All work not so conforming to these standards may be considered defective, and may be rejected. Any defective or unauthorized work or materials shall be immediately remedied, removed, replaced or disposed of at the Contractor's expense. 5. To ensure compliance with the Statement of Work, the Homeowner has agreed that all Work done and materials furnished shall be subject to inspection by a Monroe County representative. Work done or materials used without this inspection may be ordered removed and replaced at the Contractor's expense . ' HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 3 of 8 6. The Contractor shall be responsible for the acts and omissions of all its agents and employees and all its subcontractors, suppliers, their agents and employees. and all other persons performing any of the Work for the Contractor 7. The Contractor shall be responsible for safety precautions and programs in conjunction with the Work. It shall comply with all applicable codes, rules, regulations, laws, and orders of any public authority having jurisdiction over the safety of persons or property 8. (a) When the Contractor determines that the Work is completed, the Contractor will request that the County make an inspection of the Work The Homeowner hereby consents to such inspection. If the County determines that the Work is in compliance with the Statement of Work, and the Homeowner accepts the Work and signs the Certificate of Substantial Completion, the County will issue payment on behalf of the Homeowner in the amount of the Contract Sum plus County-approved change orders. (b) If the County or the Homeowner determines that the Work is not in compliance with the Statement of Work, the Homeowner shall so notify the County, and shall provide the County with a list of items which are requested to be completed by the Contractor in order for the work to be accepted. The County shall review such list and notify the Homeowner and the Contractor of the items approved by the County which must be completed. (c) Upon completion of the items required under paragraph 8.(b) above, the Homeowner shall sign the Certificate of Substantial Completion to signify it accepts the Work and promptly deliver a copy thereof to the County. The County reserves the right to make final determination of acceptability of the Contractor's Work. If the County determines the Contractor has put forth a reasonable and normally expected effort to correct the list of discrepancies and the Consultant certifies the Work to be acceptable and complete, the County will issue payment in the amount of the Contract Sum, less previous payments, plus the County-approved Change Orders. (d) No final payment shall be made to the Contractor pursuant to paragraph 8, until: (1) A Certificate of Substantial Completion has been signed by the Homeowner and filed of record; and (2) Proof of cancellation of the "Notice of Contract" by the Clerk is obtained by the Contractor and submitted to the Contractor. 9. The Contractor shall at all times keep the work site free from accumulation of waste materials or rubbish caused by its operations, and it shall clean any glass surfaces and shall leave the work site "broom clean" upon completion of the Work. 10. The Contractor shall comply with and, in all its subcontractor agreements, require that each such subcontractor will comply with and be bound by this Contract. 11. It is the intent of the Homeowner to occupy the Premises throughout the construction period. The Contractor shall conduct its business in such a way as to create as little impact as possible to the Homeowner. 12 (a) In addition to the Contractor's obligations to correct all deficient work appearing during the course of performing this Contract, the Contractor shall remedy all defects due to faulty materials, equipment, or workmanship which appear within a period of one (1) year from the HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 4 of 8 date of completion of the Work under this Agreement, or within such longer penod of time as may be prescribed by law Further, the Contractor agrees to assign directly to the Homeowner any warranties or guaranties furnished or supplied by manufacturers of materials or equipment installed in the Premises. (b) The County makes no warranties and disclaims any responsibility or liability for the manner or quality of any work undertaken or materials supplied in connection with the Noise Insulation Program. The Homeowner acknowledges that the Work may be considered a capital improvement of the Premises under local real estate assessment and taxing policies; and, therefore, may result in increased property taxes on the Premises. The County shall not be responsible for any increase in property taxes, utility or other costs as a result of the measures undertaken as part of the Noise Insulation Program; nor shall the County be obligated to maintain any equipment, materials or supplies utilized in the modification of the Premises. The Homeowner acknowledges that these maintenance, tax, utility or other costs are the Homeowner's responsibility 13. (a) If the Contractor determines that the Work must be modified from the Statement of Work, the Contractor shall promptly notify the County and the Homeowner in writing. The Contractor shall not proceed until receipt of a County-approved change order signed by the Homeowner, the County and the Contractor. The change order may also delete the work. (b) The Homeowner, the Contractor and the County agree that the following procedures will be followed: (1) The County may delete any Work set forth in the Statement of Work by a Contract Change Order signed by the County and delivered to the Contractor with a copy to the Homeowner, if such Work required additional work to be performed, the cost of which is excessive as determined by the County, or if the County, or its contractors, encounter asbestos or other situations which may pose a health concern. (2) The Homeowner and the Contractor acknowledge and agree that any Contract Change Order requesting additional work as a result of conditions at the premises that were not reasonably discoverable prior to commencement of the Work will not be approved by the County and will be the responsibility of the Homeowner. In such event, the Homeowner must remedy such conditions within days or the County will terminate the Homeowner's participation in the Noise Insulation Program pursuant to paragraph 24 below. The Homeowner may re-enter the Noise Insulation Program after correction of any such conditions. If the Homeowner's participation in the Noise Insulation Program is terminated by the County on this basis, the County shall pay the Contractor that portion of the Contract Sum earned prior to the Homeowner's termination. (c) The Contractor and the Homeowner may by separate written agreement consent to optional work being performed, which optional work shall not be part of this Contract. However, the County reserves the right to require the Homeowner and the Contractor to defer any such optional work which shall affect the noise insulation Work until after completion of all modifications proposed to the Premises HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 5 of 8 14 (a) To the maximum extent permitted by law, the Contractor shall protect, defend. Indemnify and hold the Homeowner, the Consultant, and the County, and their officers and employees (including but not limited to the engineer) completely harmless from and against any and all liabilities, demands suits, claims, losses, fines or judgments arising by reason of the injury or death of any person or damage to any property, including all reasonable costs for Investigation and defense thereof (including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Contract or the Contractor's perfonnance under this Contract or the acts or omissions of the Contractor's officers, employees, agents, contractors, subcontractors, licensees or invitees regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the County or the Homeowner and regardless of whether or not the Contractor is or can be named a party in any litigation The County or the Consultant shall give the Contractor reasonable notice of any such claims or actions. The prOVisions of this section shall survive the expiration or earlier termination of this Contract. (b) The indemnification obligation of subparagraph 14.(a) above shall not be limited in any way by compensation benefits payable by or for the Contractor, under applicable workers, or workman's compensation benefit or disability laws. The Contractor expressly waives any immunity the Contractor might have had under such laws, and, by agreeing to enter into this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties. 15 The Contractor shall pay all attorneys' fees and expenses incurred by the Homeowner or the County in establishing and enforcing the Homeowner's and/or the County's rights under this Contract, whether or not suit is instituted. 16. The Contractor agrees to maintain comprehensive public liability and comprehensive property damage insurance, on an occurrence basis, amounts of not less than the following: BODILY INJURY & PROPERTY DAMAGE $ WORKMAN'S COMPENSATION Combined Single Limit Statutory EMPLOYERS LIABILITY $ $ $ Each Accident Policy Limit Each Employee PRODUCTS LIABILITY & COMPLETED OPERATIONS $ Each Accident FIRE & EXTENDED COVERAGE An amount equal to 100% of the value of the improvements (facility). Fleet insurance, or such other types of coverage, may be acceptable; however, the minimum shall be $1.000.000 combined single limit. The following shall be named as additional insured under all policies of insurance: 1 Monroe County 2 The Homeowner HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 6 of 8 The Contractor agrees that all Insurance policies shall contain a severability of interest or cross-liability provision endorsement which shall read generally as follows In the event of one of the assured incurring liability to any other of the assured, this policy shall cover the assured against whom claim is or may be made in the same manner as if separate policies had been issued to each assured. Nothing contained herein shall operate to increase the limits of liability. The Contractor agrees that all insurance policies shall provide that they will not be altered or canceled without thirty (30) days advance written notice to the Homeowner and the County. Such insurance must provide that it will be considered primary insurance as respects any other valid and collectible insurance, or self-insured retention, or deductible the County may possess. Any other insurance or self-insured retention of the County shall be considered excess insurance only. The County shall have the right to change the insurance coverage and the insurance limits required of the Contractor, without any cost to the County, if such changes are recommended or imposed by the County's insurers. The Contractor shall obtain all insurance required from an insurance company or companies licensed to do business in the State of Florida. The insurance company must be acceptable to the County. Approval may be denied a company based in its Best rating or other indication of financial inadequacy. The Contractor shall provide to the County such evidence of compliance with the County's insurance requirements as the County may from time to time request. At a minimum, the Contractor shall provide, at the commencement of the Contract a Certificate of Insurance. All such certificates shall be completed to show compliance with the Contractor's obligations hereunder, specifically as to the indemnification and notice provisions. The County may also require copies of the declaration page, insurance policy, and endorsements thereto. If the Contractor or its insurance company fails to promptly respond to the County's request for adequate evidence of compliance with the insurance provisions, the County may, in addition to all its other remedies, charge the Contractor an amount equal to ten percent (10%) of the compensation required hereunder until such evidence is provided. If the Contractor shall at any time fail to insure or keep insured as aforesaid, the County may do all things necessary to effect or maintain such insurance and all monies expended by it for that purpose shall be repayable by the Contractor in the month the premium or premiums are paid by the County. If any insurance policies required hereunder cannot be obtained ~or any reason, the County may require the Contractor to cease any and all operations until coverage is obtained. If such insurance coverage is not obtained within a reasonable period of time, to be determined solely by the County, the County may terminate this Contract. 17 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the County may, after seven (7) days' written notice to the Contractor and the Homeowner, and without prejudice to any other remedy it may have, make good such deficiencies and may terminate the Contract HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 7 of 8 and take possession of the site and of all matenals and may finish the work by whatever method it may deem expedient 18 If, in the Homeowner's opinion, the Work is unsatisfactory or the Contractor is damaging the Premises during the course of the Work, the Homeowner may, upon written notice to the Contractor and the County, suspend the Work, in whole or in part, for a period of up to fourteen (14) consecutive calendar days 19. The Contractor shall at all times comply with all federal, state, and local laws, ordinances and regulations which apply to the Work to be performed under this Contract Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties, and duties. NOTICE: All Home Improvement Contractors must be licensed by the State of Florida. Any inquiries about a Contractor should be transmitted to the State Office of the Contractor's Licensing Board. 20. This Contract shall be construed in accordance with and be governed by the laws of Florida. 21. The Contractor assures that, to the extent applicable, it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, handicap or sex be excluded from participating in or receiving the services or benefits of any program or activity covered by said subpart. The Contractor assures that it will require that its covered sub- organizations provide assurances to the Contractor that they similarly will undertake affirmative action programs and that they will require assurances from their sub- organizations, as required by 14 Code Federal Regulations Part 152, Subpart E, to the same effect. 22. Conflicts of Interest: Neither the contracting party (parties), or its employees nor any member of their family or organization, shall have any direct or indirect interest, financial or otherwise, in the business of any individual, entity or corporation involved in this project, directly or indirectly involving the Airport. The undersigned warrants that they (or it) presently have no interest which would conflict in any manner with nay of the contractual responsibilities under this Agreement. The contracting party (parties) certifies that they (or it) have. not employed or retained any company, firm or person, other than bona fide employees working solely for them to provide the necessary labor, management and material to perform the work under this Contract; that no payment has been paid or agreed to be paid to any company, firm or person other than bona fide employees working solely for the undersigned and no fee, commission, percentage, gifts or any other consideration is to be paid contingent upon or resulting from the award or making of the Agreement. For breach or violation of this warranty, the Airport shall have the right to annul this Agreement without liability. 23. The Contractor agrees to commence the Work on approximately ("the Commencement Date") and to substantially complete all Work on approximately _ unless extended in writing by the Homeowner and the County, due to circumstances beyond the reasonable control of the Contractor. 24 The Homeowner acknowledges and agrees that the Homeowner may not Withdraw from the Noise Insulation Program after this Contract is fully executed, without the prior written HOMEOWNER-CONTRACTOR NOISE INSULATION CONTRACT Page 8 of 8 consent of the Contractor and the County In the event the Contractor and the County allow the Homeowner to withdraw from the Noise Insulation Program, the Homeowner agrees to pay costs of construction previously incurred, plus any additional costs of withdrawal, including but not limited to, the costs of the Concept Packet (as defined in the Noise Insulation Program Agreement), Statement of Work, and solicitation of bids The County may terminate the Homeowner's participation in the Noise Insulation Program upon delivery of written notice to the Homeowner if (a) the Homeowner fails or refuses to correct conditions at the premises pursuant to paragraph 13b(2) above; (b) the Homeowner fails to abide by any of the terms or conditions of the Noise Insulation Program Agreement, and Homeowner-Contractor Noise Insulation Contract, Contract Change Order or Certificate of Substantial Completion (collectively, the "Noise Insulation Program Documents"); or (c) the Homeowner is unreasonable, uncooperative or fails to exercise food faith in the performance of the Noise Insulation Program Documents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the latest date set forth below. *NOTICE TO HOMEOWNER: DO NOT SIGN THIS CONTRACT IF BLANK. YOU ARE ENTITLED TO A COpy OF THE CONTRACT AT THE TIME YOU SIGN. * HOMEOWNER:. . Date: CONTRACTOR: Florida State Contractor's License # Date: Address: MONROE COUNTY: By: Date: Its: *Homeowner: The purpose of this notice is to ensure that the blanks contained on pages 1, 2, 4, 5, and 7 of this Contract have been filled in when you sign. The purpose of this notice is not to require the Contractor to sign before you do. ,I.~""'~ ~-'''''''-''''''-._.'_''''&;,o ~UU"I." "'.1.1.... U....~I\.1:. IU:~"'b2!::t:.l;;l!:Jlb t",",l.i.t:. ~/~ NOISE IllSULATlON PROGRAM AGREEIleNT PageS 015 21. S~sors and Assians. The tetms and provisions of this Agreement SIIan be binding upon. and inwe to the benefit of. the Homeowner. his heirs, personal represenlatives. successors and assigns. and the County. its sueoesscn ..d assigns. 22.IImn. This Agreement shatJ begin as of the date indicated above. and sh80 terminate upon the .. the Work is ~ by MarIf08 County and Che Homeowner or withdrawal of the Homeowner from the Noise Insulation Program. whichever occurs first. 23. Govemina Law. This Agreement shaI be CQtSb\lBd ... enforwd in accordance with the laws Of the S1ate of Florida. 24. Entire Aarllllll8Q!. Thia- - AGi'eement conetituIBa the entire llllraement betw&en ~~~~-~~~~-~~W~~~ written consent hereto. . IN WITNESS WHEREOF. the Homeowner 8I1d the County have executed this AQI~ as of the day and year first above written. HOIII!OWNER: cHomeowner _1 It .cHomeowner 2>> - COUNTY: THE COUNTY Of MONROE By: Name: Tille: O8.OfiOO