Before the soundproofing was installed in our ceiling, we had to abide by this noise curfew. Now that the soundproofing is there, technically we have no noise curfew. Nonetheless members are expected to be courteous to our fellow tenants in the Anchor Building when it comes to noise.
Actual Curfew as specified by our lease
- Lessee to initially abide by a 9:30pm noise curfew. Lessee will put in a good faith effort of not operating noisy machinery, tools, equipment, etc. after 9:30pm and will keep dialogue at a reasonable level out in the open warehouse space, directly below the residential tenant. This curfew will remain in effect until on or both conditions listed are met:
- Sound proofing/insulation measures prove effective enough to provide ample noise privacy between Lessee and upstairs residential tenant.
- A conversation amongst Lessor, Lessee and incoming residential tenant collectively agree on an adjustment or alternative approach.
- Lessee will put in a good faith effort to respect the noise privacy of upstairs residential tenant and any communicated concerns that they may express throughout the life of the lease.
- In lieu of the above outlined noise curfew, Lessee will be granted a guaranteed “noise freedom” period on each Saturday within the hours of 12pm and 5pm. Within normal healthy limits, Lessee will be able to freely use the space or normal operation of machinery, tools, equipment, etc.
- To help combat the potential noise concern, additional insulation is to be installed underneath and around the side of the upstairs residential unit. Initial pricing performed by Lessor on R-11 3.5” material runs approx. $530 for the amount needed (900 sq. ft.) while R-19 6” material runs approx. $720 for the amount needed. Additional 2x6 framing studs are necessary as well. Lessor and Lessee agree to equally share material expenses and equally share in the installation labor. A date or set of dates will be scheduled for after July 10th, 2009 to install materials by both parties simultaneously. Lessee fully understands and respects that the current residential tenant will continue to reside in the upstairs unit up until July 10th, 2009 and will respect all noise privacy issues with the Lessee’s unit existing “as is” throughout the first ten days of the lease.