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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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.
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HOMEOWNER I;-./ITlALS:
DATE:
Milwaukee RSIP
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STYLES BY THE HOMEOWNER DOES NOT iNDICATE COMMfITMENT TOPROVlDE
NEW DOORS.
HOMEOWNER'S PROTECTION PROGRAM (HOPP)
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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.
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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