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HomeMy WebLinkAboutItem I2 I2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: I2 2023-3579 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of Avigation Easements and Property Owner Noise Insulation Agreements for ten(10) homes that are participating in the Key West International Airport Noise Insulation Program(NIP) Construction Project Group 1. ITEM BACKGROUND: This agenda item is for the approval of Avigation Easements and Property Owner Noise Insulation Agreements for ten(10) homes, as shown in the attached list, for the Key West International Airport Noise Insulation Program(NIP) Construction of Group 1. The Avigation Easements are a BOCC condition of participation in the NIP and all property owners who desire to participate in NIP also enter into the Property Owner agreement. All project costs are being funded with FAA Grant# 37-080 (90%) and Airport Operating Fund 404 (10%). The objective of this project is to reduce interior noise levels generated by exterior aircraft operations for neighboring residents whose homes qualify for the FAA Noise Insulation Program. Qualification is based on the FAA approved 14 CFR Part 150 Noise Compatibility Program and associated Noise Exposure Map and related federal requirements. PREVIOUS RELEVANT BOCC ACTION: On January 31, 2024, the BOCC granted approval to advertise the bid solicitation. On May 15, 2024, the BOCC granted approval to reject the bid received from Florida Keys Contractors and re-advertise the bid solicitation. The October 16, 2024, Agenda included the following items that were approved by the BOCC: 1. Ratification and approval of FAA Grant 12-0037-080-2024; 2. Approval of Award of Construction Contract to Marino Construction Group; 3. Approval of Jacobs Project Management Co Task Order No. 2022-59 for the Bidding and Construction Phase Services for the NIP Group 1 2498 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: New Avigation Easements and Property Owner Agreements. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Group I List.pdf AVIGATION EASEMENT for 2801 Venetian Drive.pdf AVIGATION EASEMENT for 2827 Venetian Drive.pdf AVIGATION EASEMENT for 2916 Riviera Drive.pdf AVIGATION EASEMENT for 2924 Riviera Drive.pdf AVIGATION EASEMENT for 2918 Flagler Avenue.pdf AVIGATION EASEMENT for 2919 Riviera Drive.pdf AVIGATION EASEMENT for 2930 Riviera Drive.pdf AVIGATION EASEMENT for 3000 Flagler Avenue.pdf AVIGATION EASEMENT for 1604 Bahama Drive.pdf AVIGATION EASEMENT for 2805 Flagler Avenue.pdf PROPERTY OWNER AGREEMENT for 2801 Venetian Drive.pdf PROPERTY OWNER AGREEMENT for 2827 Venetian Drive.pdf PROPERTY OWNER AGREEMENT for 2916 Riviera Drive.pdf PROPERTY OWNER AGREEMENT for 2924 Riviera Drive.pdf PROPERTY OWNER AGREEMENT for 2918 Flagler Avenue.pdf PROPERTY OWNER AGREEMENT for 2919 Riviera Drive.pdf PROPERTY OWNER AGREEMENT for 2930 Riviera Drive.pdf PROPERTY OWNER AGREEMENT for 3000 Flagler Avenue.pdf PROPERTY OWNER AGREEMENT for 1604 Bahama Drive.pdf PROPERTY OWNER AGREEMENT for 2805 Flagler Avenue.pdf FINANCIAL IMPACT: Effective Date: Upon Executive Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: $0.00 Source of Funds: n/a 2499 0 0 p q ± \ \ \ > \ J 3 @ _ L) _ � y m e § E o » E % § <\ - < 2 E 3 3 # E f \ 0- 0 ƒ C § » / f. a Co _ / ® E % e c 2 0 > 2 ± 06 \<f = k 3 £ % \ m e > t 3 o § \ k / % 2 % N c 0 2 § a; 6 § - \ / \ \ < \ \ < co E < \ \ ~ £; o o � Co E a � 2 U- o / N \ \ 00 \ \ E 3 LO g N w q N q N 5 \ , Prepared By and Return.To. Deborah Murphy Lagos&Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this kL day of 201 ") „ by"VADIM ZAVOROTNII", hereinafter referred to as"the Property Owner," in favor of th VNROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 88, of AMENDED PLAT OF RIVIERA SHORES-FIRST ADDN., according to the map or plat thereof, as recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. LESS AND EXCEPT: Part of Lot 88,Amended Plat of Riviera Shores First Addition, according to the plat thereof, as recorded in Plat Book 5, Page 88 of the Public Records of Monroe County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 88; thence run N 21 degrees 14'20"W along the E'ly line of said Lot 88, 54.31 feet to the Northeast corner of said Lot 88; thence run S 68 degrees 45' 45"W along the N'ly line of said Lot 88, 8.2 feet to a point on the Wly face of an existing concrete block wall (as located by Phillips&Trice Surveying, Inc., on July 7, 1991);thence S 14 degrees 18'05" E along said Wly face and the SE'ly extension of said Wly face, 53.00 feet to the S'ly line of said Lot 88; thence run N75 degrees 22'40" E along said S'ly line, 14.7 feet back to said Point of Beginning. also identified as street address: 2801 VENETIAN DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("N I P"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Key West International Airport NIP—Avigation Easement for(2801 Venetian Drive) Page 1 of 4 2501 Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property Key West International Airport NIP—Avigation Easement(2801 Venetian Drive) Page 2 of 4 2502 or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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 underthis Agreement,orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. & No provision of this Agreement is to be interpreted for or against any party because that party orthat party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severable from the remainderof 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2801 Venetian Drive) Page 3 of 4 2503 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY0,WN�ER: Signature Signature � Printed Name Printed Name Date Date STATE OF STATE OF Z COUNTY OF COUNTY OF k za Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of ❑ physical presence or ❑ online means of k physical presence or ❑ online notarization, on (date) by notarization, on 0% (date) by (name Ugd;.a Zwroan;i (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or has/have produced me or has/have produced ' (type of identification) as identification. (type of identification) as identification. NOTARY PUBLIC NOVA PUBLI001, _ ANTHONY SOLI Y-JUAREZ Notary Public 1flo a " Comm#HH194643 S MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY PR �VED T F RM f i�� 1 PED J ER ASSpTA4 �OUNTYA OR E'Y Date: 7 11 Key West International Airport NIP—Avigation Easement(2801 Venetian Drive) Page 4 of 4 2504 Pre aced Py and Returns To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of 20 , by"SUSAN PHILLIPS", hereinafter referred to as"the Property ner," in favor of the ONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 79, AMENDED PLAT OF RIVIERA SHORES, FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. also identified as street address: 2827 VENETIAN DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 Key West International Airport NIP—Avigation Easement for(2827 Venetian Drive) Page 1 of 4 2505 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause othereffects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2, This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(2827 Venetian Drive) Page 2 of 4 2506 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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 underthis Agreement, orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. No provision of this Agreement is to be interpreted for or against any party because that party or thatparty's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severable from the remainderofthis 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2827 Venetian Drive) Page 3 of 4 2507 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: &Aolec r Sign r Signature M-5411 Printed Name Printed Name Date Date STATE OF *1 )i A STATE OF COUNTY OF wo W 0-® a- COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of physical presence or ❑ online means of ❑ physical presence or ❑ online notarization, on r5tAL`j 3?1Sr'.74>A'/(date) by notarization, on (date) by 5\ooirw (name (name of affiant). He /They is/are personally known to of affiant). He/She/They is/are personally known to me or has/ ave reduced bgwI2704t. me or has/have produced (type of n 'ficabon) as identification. (type of identification) as identification. NOTARY PUBLIC � CHARLES W. p NO ARC' PUBLIC My COMMISSION EXPIRES:AUG 29, 26 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY Y PROVED TO FORM PED O J. MERCADO ASSISTANT COIUNTY TT,0-R EY Date: Key West International Airport NIP—Avigation Easement(2827 Venetian Drive) Page 4 of 4 2508 Pre areal By and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program EASEMENT AGREEMENT is entered into this day of �7 THIS 2011, by"SCOTT AHRENS", hereinafter referred to as"the Property'Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lots 63 and 64, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page148, of the Public Records of Monroe County, Florida. also identified as street address: 2916 RIVIERA DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 Key West International Airport NIP—Avigation Easement for(2916 Riviera Drive) Page 1 of 4 2509 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause othereffects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(2916 Riviera Drive) Page 2 of 4 2510 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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 underthis Agreement,or to recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7. No breach of any provision of this Agreementmay be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severable from the remainderofthis 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2916 Riviera Drive) Page 3 of 4 2511 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: Ali/ Signature Signature Printed Name Printed Name Date _ Date STATE OF STATE OF COUNTY OF COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of -Rf physical presence or ❑ online means of ❑ physical presence or ❑ online notarization, on ° (date) by notarization, on (date) by 'a (name (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or has/have produced -11) me or has/have produced (type of identification as identification. (type of identification) as identification. NOTARY PUBLIC bl MY COMMISSION 4 HH 4592 4 TARY PUBLIC " *p EXPIRES:October 29,2927 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY PROVED O FORM / �� ,.. PEDR MERCADO ASSISTA,t � Ot:flNT-,A Date: l Key West International Airport NIP—Avigation Easement(2916 Riviera Drive) Page 4 of 4 2512 Prepared 6 v and Return To; Deborah Murphy Lagos&Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into thi day of 20 4f by "PA IMEAD", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lots 59 and 60, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. also identified as street address: 2924 RIVIERA DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 Key West Intemational Airport NIP—Avigation Easement for(2924 Riviera Drive) Page 1 of 4 2513 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3, The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. ITKey West International Airport NIP—Avigation Easement(2924 )Riviera Drive _.... _..�_..ry Page 2 of 4 2514 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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,orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. No provision of thisAgreement is to be interpreted for oragainst 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. 7. No breach of any provision of this Agreement maybe waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severable from the remainderof 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. & 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2924 Riviera Drive) Page 3 of 4 2515 This Easement Agreement is executed as of the date first above written,. PROP PROPWM OWNE PROPERTY OWNER: Signature Printed Name ...— — Printed Name . Date Date STATE OF ._._ STATE OF COUNTY OF COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of T physical, presence or i online means of r- physical presence or ❑ online notarization, on �. . (date)by notarization, on (date)by 2�u M p (name (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or has/have produced L _ me or has/have produced (type of Identification) as identification. (type of identification) as identification. NOTARY PUBLIC MY COMMISSION t ..fl92i NOTARY PUBLIC EXPIRES:October 08,2027 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR /CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MO OE COUNTYATTORNEY P ROVED O F�RM PEDRO � w ASSISTANT Ot.i'NTY `f"f't ''NEY Date: �.. ...._ Key West International Airport NIP—Avigation Easement(2924 ..Riviera e)�Riviera Drive} Page 4 of 4 2516 Pre aced By and Return To:. Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport "ise Insulafion Program THIS EASEMENT AGREEMENT is entered into this 1 day of b 20 by ",J'UAN N1EtV NpI AI tIBER IU ENEI DEZ", hlereinaft referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 13 and N.W. 6 feet of Lot 22, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. also identified as street address: 2918 FLAGLER AVE., KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("N I P"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the Key West International Airport NIP—Avigation Easement for(2918 Flagler Avenue) Page 1 of 4 2517 property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. _.................. ....._ _.....� Key West International Airport NIP—Avigation Easement(2918 Flagler Avenue) Page 2 of 4 2518 4, This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5.. 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 underthis Agreement, orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7. No breach of any provision of this Agreement maybe waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severable from the remainderof 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. & 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. ....... ...... Key West International Airport NIP—Avigation Easement(2918 Flagler Avenue) Page 3 of 4 2519 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: tore e natur ranted sane Printed Name Date Date STATE OF STATE OF &111:�'Odall COUNTY OF , " COUNTY O mm Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by or ❑ online means of physical presence or ❑ online means of tarization, on physical presence (date) by notarization, on " ` TM"„ (date) by (name (name of affiant). He/She/The I is y p nally known of affiant). He/She/Th is/are personally k.rLQ --_e e erso me or has/have produced me or has/have produced p of ide tification) as i e tification, ( of identification) as identification. OTA SABRINAV.HALL A0 LIC SABRINAV.HALL W COMMISSION#HH 3=10 f *= W COMMISSION#HH 332310 EXPIRES:March 12,2027 EXPIRES:March 12,2027 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY PPROV TO1 RM PEDRO MERCADO ASSISTANT Date: t / �._... .......�..._.._. Key West International Airport NIP—Avigation Easement(2918 Flagler Avenue) Page 4 of 4 2520 Prepared By and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of J U�,V 202:�_, by"IONUT BOGDAN DUMUTA", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 22, less the Northwest 6 feet thereof, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida.- also identified as street address: 2919 RIVIERA DRIVE, KEY WEST, FL,33104 B. The BOCC is the owner and operator of Key West International Airpor��"the-Airport"y and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purpose through the implementation of a Noise Insulation_ Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have-obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the Key West International Airport NIP—Avigation Easement for(2919 Riviera Drive) Page 1 of 4 2521 property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F, The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over-the property. The use of the Easement shall include the right to generate and emit noise and to cause_ other effects as may be associated with the operation of aircraft over or in the vicinity of the property.This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or-from_the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included witNn-the-purview of this Easement,: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(2919 Riviera Drive) Page 2 of 4 2522 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7, No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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-ai4h -tir-e Qf-the- odification. In the event that-any-WIA-- Gr-more-covenant, condition-or-provision contained herein is held invalid, void or-+llegal-by any-court of competentjurisdiction, the same shall be deemed severable from the remainderofthis Agreement and shall in no way affect, impair or invalidate any-other provision hereof so long as the remaining provisions do not materially alterthe 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2919 Riviera Drive) Page 3 of 4 2523 This Easement Agreement is executed as of the date first above written. PROPERTY O NER: PROPERTY OWNER: Sig a Signature ION ' 'M V _.. Printed Name Printed Name � 1 2l _ ....._..... _ ....._..... Date Date STATE OF 1 - � , STATE OF COUNTY OF �v COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of Lp physical presence or ❑ online means of ❑ physical presence or ❑ online notarization, on (date) by notarization, on (date) by (name (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or has/have produced L--1 C-C-V\. C— me or has/have produced (type of'irl ication) as identification, (type of identification) as identification, err; PETAGAYS DING MY COMMISSION HH2iC 0847 - - NOTA LIC NOTARY PUBLIC W WFIRES;INOV'22,2025 6'0ndad through Ist State kiisurat e ........ _......... _....... _...._ —_.. _ .._...— _. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY ROVEDL;:R::iY OR M PEDASSISTAN Date: 2-5- Key West International Airport NIP—Avigation Easement(2919 Riviera Drive) Page 4 of 4 2524 Pre aired @y and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS -ASEMENTAGREEMENT is entered into this�day of 20 a by `GOOD PAPER ON RIVIERA, LLC, A FLORIDA L ITED LIABILITY COMPANY", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lots 57 and 58, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. also identified as street address: 2930 RIVIERA DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the Key West International Airport NIP—Avigation Easement for(2930 Riviera Drive) Page 7 of 4 2525 property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(2930 Riviera Drive) Page 2 of 4 2526 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed 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 alterthe 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2930 Riviera Drive) Page 3 of 4 2527 This Easement Agreement is executed as of the date first above written. PR PE.RTY O NER: PROPERTY OWNER: i,I a, ?�- c, �l v/9�2L L G -- Signature Signature Printed N7,;,Q � �6�� Printed Name a Date,,/ U Q Date STATE OF L �n STATE OF COUNTY OF o l"P-0 E COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of X physical pres rice or ❑ online means of ❑ physical presence or ❑ online notarization, on Zell Sy _(date)(date) by notarization, on (date) by C 42 L 1j.E1 N ew (name (name of affiant).(9sherrhey is/are erso I kn to of affiant). He/Sherrhey is/are personally known to me or has/have produced me or has/have produced (type of identification)as identification. (type of identification)as identification. 1 NOTAFFY PUBLIC NOTARY PUBLIC CALLI 0 ary a [ic-State of Florida =* Commission#HH 488693 COUNTY COMMISSIONERS: Seal Attest: MAYOR/ CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MONROE COUNTY ATTORNEY .PROVED O FO I""u+l w PEDRO ASSISTAN LINiTY A OR EY Date: . Key West International Airport NIP—Avigation Easement(2930 Riviera Drive) Page 4 of 4 2528 it ,,;� ® • j�partmenk of S at�t / Llivisian of Gamoratians / Sear�h�e�rds / �;,91��+/� / III ill by Entity iii Florida Limited Liability Company GOOD PAPER ON RIVIERA, LLC Filing Information Document Number L14000152846 FEI/EIN Number 47-2150190 Date Filed 09/30/2014 Effective Date 10/01/2014 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 03/27/2017 Event Effective Date NONE Principal Address 2930 Riviera Drive KEY WEST, FL 33040 Changed: 03/20/2017 Maoflng Address 1233 South Street KEY WEST, FL 33040 Changed: 02/18/2019 $ggistered Agent Flame Address weiner,earl, Dr. 1233 South Street KEY WEST, FL 33040 Name Changed:01/27/2022 Address Changed:01/27/2022 Authorized Persons)Detail Name&Address Title AMBR WEINER, CARL https://search.sunbiz.org/Inquiry/CorporationSearch/SearchR...°/20paper&IistNameOrder=GOODPAPER%20L240002875700 7124/24, 2:4F-- Pagel 2529 'Prepared By and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 3 -'day off 20 ,by"IMJIARIE Y.VICTOR", hereinafter referred to as'ie Prope Owner,"in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 8 and the Northwesterly 6 feet of Lot 27, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. also identified as street address: 3000 FLAGLER AVENUE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("N I P"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the Key West International Airport NIP—Avigation Easement for(3000 Flagler Avenue) Page 1 of 4 2530 property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause othereffects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(3000 Flagler Avenue) Page 2 of 4 2531 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. No provision of this Agreement is to be interpreted for oragainst 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. 7. No breach of any provision of this Agreementmay be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed 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 alterthe 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(3000 Flagler Avenue) Page 3 of 4 2532 This Easement Agreement is executed as of the date first above written. PROPERTY'y OWNER: PROPERTY OWNER: i®r� Signature Signature Printed Name Printed Name u 3v i� Date Date STATE OF ,f STATE OF COUNTY OF ° '� COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of U physical presence or ❑ online means of ❑ physical presence or ❑ online notarization, on �y _ , 2-02-4 (date) by notarization, on (date) by ICJ-+''e. V®- (name (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or hasiha e produced L "D� me or has/have produced (type of identification) as id Ifs tlon,ea (type of identification) as identification. Melinda Rice NbfARY POI lC NurAlly FuSCMSTATE PUBLIC LMY COMMISSION EXPIRES . IWY COMMISSION NO.HH 3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MOROE COUNTY ATTORNEY P'PR Vi D O F RIM PEDR J. MERCADO ASSISTAN ,.'�.NT Date: (7 Z5 Key West International Airport NIP—Avigation Easement(3000 Flagler Avenue) Page 4 of 4 2533 Prepared By and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this( w 'day of 20 , by "THOMAS R. QUARTARARO & KRISTEN' D. ONDER K"', hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 18 and the North One-Half (1/2) of Lot 19, AMENDED PLAT OF RIVIERA SHORES - FIRST ADDN., according to the Plat thereof, recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. also identified as street address: 1604 BAHAMA DRIVE, KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain Key West International Airport NIP—Avigation Easement for(1604 Bahama Drive) Page 1 of 4 2534 remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause othereffects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(1604 Bahama Drive) Page 2 of 4 2535 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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 underthis Agreement,orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed 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 alterthe 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(1604 Bahama Drive) Page 3 of 4 2536 This Easement Agreement is executed as of the date first abov r ritte PROPERTY OWNER: PROPERTY ER Siwf�aAn Sign t re v� Prin ed Name � Printed Name Date Date STATE OF V rri +, w"" a _t" " STATE OF Iin COUNTY OF AKW �— COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of At-physical presence or ❑ online means of gr physical presence or ❑ online notarization,on !6- (date)by notarization, on -6-20Z4( (date) by (name s w. aro (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are personally known to me or has/have produced V'LG�S�(�mYg(�� me or has/have produced `O ' qa0 (type of identification)as identification. (type of identification)as identification. 7 ZO/5i r-j— OTAI Y BLIC rynr ARD N r RY LNCROBERT Notary PP R Notary Public Nota Public Buncombe Co.,North Carolina Buncombe Co.,North Carolina MYCO 'orr ers Jim w.24,2027 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR/ CHAIRMAN: KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date MO, OE COUNTY ATTORNEY ROVED O FORM PEDROf. MERCADO ASSISTANT, 0 NTYATT RNEY Date: Key West International Airport NIP—Avigation Easement(1604 Bahama Drive) Page 4 of 4 2537 Pre tired By and Return To: Deborah Murphy Lagos &Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this _ day of 20 —, by"ZAK ADAM CURRAN & MARYNA PASITYK", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: Lot 2, Block 2, LIME GROVE SUBDIVISION NO. 2, according to the plat thereof as recorded in Plat Book 2, Page(s) 26, Public Records of Monroe County, Florida. also identified as street address: 2805 FLAGLER AVE., KEY WEST, FL 33040 B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below Day-Night Level (DNL) 45 dBA in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 Key West International Airport NIP—Avigation Easement for(2805 Flagler Avenue) Page 1 of 4 2538 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2028 Future Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on April 4, 2023. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program (AIP) Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall inure to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West International Airport NIP—Avigation Easement(2805 Flagler Avenue) Page 2 of 4 2539 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. 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 underthis Agreement, orto recoverdamages 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, attorney's fees and costs incurred in connection therewith, including appellate action. 6. 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. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one 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 any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction,the same shall be deemed severablefrom the remainderof this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alterthe 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. 8. 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 party in addition to or in lieu of the BOCC,then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits inuring to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—Avigation Easement(2806 Flagler Avenue) Page 3 of 4 2540 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: PROPERTY OWNER: signatureo Signature Printed N rre Printed Name Date Date STATE OF F(.Oa 1+ STATE OF ' COUNTY OF MQNRG C COUNTY OF t'' 0 rJV_`Z'E GO u N r I Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of physical presence or u.:.i online means of physical presence or ❑ online notarization, on " " (date) by notarization, on (date) by (name ""' "" VI L (name of affiant). He/She/They is/are personally known to of affiant). He/She/They is/are pe%rsonally known to me or has/have produced ii� y me or has/have produced % (typ f identificatioQ) as identificatio (typ i ntification) as identification. T '. T � MONiC Ar '"" � vno MONICA SR r .Y Notary Public at of Florida My Comm Expires WW 7 f 2 I2026 ", Fir cr mis i'9 296434 y n My Comm.Expires Aug 2,2026 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN; KEVIN MADOK, CLERK By: As Deputy Clerk Signature Date NROE COUNTY ATTORNEY APPROVE S TO FORM P � ASSISTA T COUNTY TTO NEY' Date: ( �..� Key West International Airport NIP—Avigation Easement(2805 Flagler Avenue) Page 4 of 4 2541 Address: 2801 Venetian Dr. Name(s): Tavorctnii. PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A, attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit B attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the"Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 1 of 30 2542 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 2 of 30 2543 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities,the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 3 of 30 2544 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Dela s. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 4 of 30 2545 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 5 of 30 2546 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s://codes.iccsafe.or /conitent/FLRC2023Pl/cha ter-3-building- plan-ning#FLRC2023P1 Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s://codes.iccsafe.or /content/FLRC2023P1/cha ter-45- private-swimming-pools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 6 of 30 2547 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to the post-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 7 of 30 2548 22. Design and. Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Re uirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Re uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 8 of 30 2549 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Pule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that"Market Improvement Value."So, a building that has a"Market Improvement Value"of$100,000,would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option, If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. recalculation of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will recalculate the 50% threshold based upon the value of the Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 9 of 30 2550 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 10 of 30 2551 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release, The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear' the title to the Property. 37. Authority to Execute on. Behalf of Count By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 11 of 30 2552 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees.. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of A rem. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or B uq-et . The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 12 of 30 2553 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 13 of 30 2554 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 14 of 30 2555 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUN'TY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 15 of 30 2556 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities; Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance �y Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations, The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section leading . Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 16 of 30 2557 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OW ER#1 Signature Signature leOLA- -Zii111)'—: ;X Printed Name Printed Name Date Signature q � 0' fz�- C4 4 0- Printed Name WITNESSES: PROPERTY OWNER#2 Signature Signature Printed Name Printed Name Date Signature Printed Name Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 17 of 30 2558 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro ercado Asslstan o�un Date: 1 1 Property Owner Noise Insulation Agreement(2801 Venetian Dr.) Page 18 of 30 2559 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 88, of AMENDED PLAT OF RIVIERA SHORES-FIRST ADDN., according to the map or plat thereof, as recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. LESS AND EXCEPT: Part of Lot 88, Amended Plat of Riviera Shores First Addition, according to the plat thereof, as recorded in Plat Book 5, Page 88 of the Public Records of Monroe County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Lot 88; thence run N 21 degrees 14' 20" W along the E'ly line of said Lot 88, 54.31 feet to the Northeast corner of said Lot 88; thence run S 68 degrees 45' 45" W along the N'ly line of said Lot 88, 8.2 feet to a point on the W'ly face of an existing concrete block wall (as located by Phillips & Trice Surveying, Inc., on July 7, 1991); thence S 14 degrees 18' 05" E along said W ly face and the SE'ly extension of said Wly face, 53.00 feet to the S'ly line of said Lot 88; hence run N 75 degrees 22' 40" E along said S'ly line, 14.7 feet back to said Point of Beginning. Property Owner Noise Insulation Agreement—Exhibit A (2801 Venetian Dr.) Page 19 of 30 2560 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2 O1 VENTIAN QR.,—,ZAV0RQjNlI Existing f,3tertor Wall Constru i,on ❑Concrete Block isWood Frame Doors&Windows 19 Acoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) ( eShanical&_Electrical ❑New Ductless Air Conditioning System(s) Cl New Whole House Ducted AC System ❑Electrical Panel Replacement Miscellaneous ❑New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) ❑New Air Conditioning Closet-(See Pre-Work requirement below) ❑Remove and Infill Thru Wall AC Units Prop,eLtIQMMer Pre-Wgr rl'rements ❑NIP Work Scope requires that the Property owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. ❑Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) ❑Additional Pre-Work Item(s)Required of Unit Owner: Property Owner Noise Insulation Agreement—Exhibit 8 (2801 Venetian Dr.) Page 20 of 30 2561 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existin 'Whole House Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing (Whole HoLisel Central Ducted AC S stem. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(2801 Venetian Dr.) Page 21 of 30 2562 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C(2801 Venetian Dr.) Page 22 of 30 2563 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Re uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Hei hts. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2801 Venetian Dr.) Page 23 of 30 2564 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event"Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D (2801 Venetian Dr.) Page 24 of 30 2565 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(2801 Venetian Dr.) Page 25 of 30 2566 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2801 Venetian Dr.) Page 26 of 30 2567 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement-Exhibit E(2801 Venetian Dr.) Page 27 of 30 2568 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written re ort must be provided to the NIP Management Team prior to July 31 2024. If the Property Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 1. 4, The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2801 Venetian Dr.) Page 28 of 30 2569 & organisms in wood framing beyond the rou h opening, (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that sig, nificant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2801 Venetian Dr.) Page 29 of 30 2570 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs sheathing Double C ri 0 ol B studs lop plate King stud King stud Jack stud Header NN Header Jackslud (assembly canbe configured various ways depending on structural and thermal Bough requirements) opening(RD) Bottom plate cut out at door Tough openings Rough opening(RO) Jack stud Kingslud single or double tough sill (double rough sill provides VVV solid substrate for lilminstallallon) Upplesluds agairsliacks ate optional Sheathing C es �9011ornivlate Property Owner Noise Insulation Agreement—Exhibit F(2801 Venetian Dr) Page 30 of 30 2571 Address: 2827 Venetian Dr. Name(s): Phillips PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibits attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: ... ........................._.... Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 1 of 30 2572 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program,Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6, Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 2 of 30 2573 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Workinq Environment, The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 3 of 30 2574 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Chan es to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 4 of 30 2575 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of A reernent. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 5 of 30 2576 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements, The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: l�s //cdes.iccsate.or /conten "FLR�2023P1/cl�a ter�3-ba�iidin - p1anning#FLRC2023P1 Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: tt ://codes.iccsafe.or ./content/FLRC2023P1/cha ter-4 - orivate-swi�nMj _ Dols. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 6 of 30 2577 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process„ The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to thepost-construction, noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 7 of 30 2578 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Requirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Ike uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 8 of 30 2579 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value." So, a building that has a "Market Improvement Value" of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market. Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will recalculate the 50%threshold based upon the value of the Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 9 of 30 2580 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Deduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & E ui rnent. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 10 of 30 2581 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Authority to Execute on. Behalf of Count . By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17t" day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 11 of 30 2582 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of r : reement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Be west . The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid_ The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 12 of 30 2583 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 13 of 30 2584 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Recce and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Sol icitation/P yment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 14 of 30 2585 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV,, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2827 Venetian Dr) Page 15 of 30 2586 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities-, Non-Delegation tion of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 16 of 30 2587 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OWNER#1 ",Az ' Signature Signature Printed Name Printed Name o Date Sigan .re j,+' W. Printed Name WITNESSES: PROPERTY OWNER#2 Signature Signature Printed Name Printed Name Date Signature Printed Name Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 17 of 30 2588 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form . , � Pedr Meroa Assistan County Attorney Date: Property Owner Noise Insulation Agreement(2827 Venetian Dr.) Page 18 of 30 2589 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 79, AMENDED PLAT OF RIVIERA SHORES, FIRST ADDITION, according to the Plat thereof, recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (2827 Venetian Dr.) Page 19 of 30 2590 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2827 VENETIAN .—PHILLI S Exi,t'n Exterior Wj ll gonstruclion ❑ Concrete Block 0 Wood Frame Doors&Windows Acoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) Mechanical&Electrical O New Ductless Air Conditioning System(s) 0 New Whole House Ducted AC System 0 Electrical Panel Replacement Miscellaneous ® New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) ❑New Air Conditioning Closet-(See Pre-Work requirement below) ❑Remove and Infill Thru Wall AC Units Pro r owner Pre- ork Re uiremen s NIP Work Scope requires that the Property Owner installs Smoke Alarms to meet,Florida Building Code Section R314,Smoke Alarms. Existing Swimming Pool(Property owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R450L17,Residential Swimming Barrier Requirement) 17 Additional Pre-Work Items)Required of Unit owner: Property Owner Noise Insulation Agreement—Exhibit 8 (2827 Venetian Dr.) Page 20 of 30 2591 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications. General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing 1 hole Hoyse Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existin Whole House Central Ducted AC S stem. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C (2827 Venetian Dr.) Page 21 of 30 2592 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C (2827 Venetian Dr.) Page 22 of 30 2593 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Requirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2827 Venetian Dr.) Page 23 of 30 2594 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D (2827 Venetian Dr.) Page 24 of 30 2595 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D (2827 Venetian Dr.) Page 25 of 30 2596 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited) to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2827 Venetian Dr.) Page 26 of 30 2597 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2827 Venetian Dr.) Page 27 of 30 2598 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3, The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written report must be rovided to the NIP Mang ement Team prior to July 31 2024. If the Pro e Owner fails to provide the re ort b the stated deadline their house will be excluded from construction in Grog 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2827 Venetian Dr.) Page 28 of 30 2599 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damn e in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant, damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2827 Venetian Dr.) Page 29 of 30 2600 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology �,tipGYle ttrtarr6,~a r Cuolestuds I� uh� M KItlgSarflla �,.51 !� e II' tad �^ �'alGW t�Yrld lassemhlyeande — ,w- rf n5g.ated eariaus �. t ,vap depending an strueturalandrhermal $ i requlrern nisi . • ,.r " alte1l°inyf��Cp '; ktaPCnm9alateattuPtut r rr ftDfralsgjRcpving f f a Raga r u(Iefliag f9C) �!{ lackvd f Xingsi d �I Sro-glearukaluHP10na�QA'I�S11 (�r�al�larnragtrsVVlpr�u�alpsWf , t I r ttstp�iestuds ati Shpaaticatl G Critle stand 1 � I Property Owner Noise Insulation Agreement—Exhibit F(2827 Venetian Dr) Page 30 of 30 2601 Address: 2916 Riviera Dr. Name(s): Ahrens PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit B attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the "Contractor') to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 1 of 30 2602 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impedinq Competitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 2 of 30 2603 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 3 of 30 2604 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Chan es to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acce Lance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 4 of 30 2605 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 5 of 30 2606 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Requirements, The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: hft s:Hcodes.iccsafe.or /content/FLRC2023Pl/cha te:: buildin - lan n1ng#FLRC2023P1 Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s://codes.iccsafe.or i/content/FLRC2023P1/cha ter-45- rivate-swimmin -=Dols. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 6 of 30 2607 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property, The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testinq Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 7 of 30 2608 22. Design and,Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Requirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Requirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 8 of 30 2609 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule.. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value."So, a building that has a "Market Improvement Value"of$100,000,would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option,. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will recalculate the 50% threshold based upon the value of the Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 9 of 30 2610 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E(Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & F ui menu. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Pro ea Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and 'Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 10 of 30 2611 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release, The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Pro ert In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear' the title to the Property. 37. Authority to Execute on Behalf of County. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 11 of 30 2612 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees.. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 12 of 30 2613 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 13 of 30 2614 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Sol icitatiion/Pa meat, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 14 of 30 2615 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 15 of 30 2616 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations ations and Responsibilities, Non-Delegation of Constitutional) or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 16 of 30 2617 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OW R#1 s� .......... ........ Signature Signature J V v Printed Name Printed Name Y a �.. - � Date Si natur r mc,q Printed Ne WITNESSES: PROPERTY OWNER#2 Signature Signature Printed Name Printed Name Date Signature Printed Name Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 17 of 30 2618 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro Assistant aunty Attorney Date: C Property Owner Noise Insulation Agreement(2916 Riviera Dr.) Page 18 of 30 2619 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lots 63 and 64, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Pagel48, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (2916 Riviera Dr.) Page 19 of 30 2620 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 916I 'VI 08. AID Your home is eligible for items with check mark a below: Existing Exterior Wall.Construction. Concrete Block-MAIN HOUSE Is Wood Frame-OUTBUILDING NOT EUGIBLE ATTHIS TIME Doors&Windows IsAcoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) Mechanical&EledliEll ❑ New Ductless Air Conditioning System(s) Cl New Whole House Ducted AC System ❑ Electrical Panel Replacement Miscellaneous ❑ New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) ❑New Air Conditioning Closet-(See Pre-Work requirement below) ❑ Remove and Infill Thru Wall AC Units Lrgpjrjy Owner Pre-Work Re uirernents ❑ NIP Work Scope requires that the Property Owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. ❑ Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) Additional Pre-Work Item(s)Required of Unit Owner: • Remove wood coverings at windows 3,6,11&12. + Make all windows accessible from interior and exterior for NIP measurement. Property Owner Noise Insulation Agreement—Exhibit 8(2916 Riviera Dr.) Page 20 of 30 2621 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning- Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall ./ Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existin Whole Horse Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existin Whole House Central Ducted AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(2916 Riviera Dr.) Page 21 of 30 2622 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE. In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authori of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C(2916 Riviera Dr.) Page 22 of 30 2623 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Ike ui rements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of AGM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. 'Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2916 Riviera Dr.) Page 23 of 30 2624 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event"Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D(2916 Riviera Dr.) Page 24 of 30 2625 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(2916 Riviera Dr.) Page 25 of 30 2626 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2916 Riviera Dr.) Page 26 of 30 2627 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2916 Riviera Dr.) Page 27 of 30 2628 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written report must be provided to the NIP Management Team prior to July 312024. If the Property Owner fails to rovide the re ort by the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5.. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2916 Riviera Dr.) Page 28 of 30 2629 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage tea structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2916 Riviera Dr.) Page 29 of 30 2630 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Sheathing Double Cripple studs Kingstud too plate �.:��, ��. o 1 ` King stud Jacksrotl Header lackstud (assembly can be ,„✓' configured various r� , ways deperding en , struciural aid thermal Bough w requirements) ;, " Y opening(RU) Bottom plate cut out 11 61"1 at doer rough openings Rough opening lack stud (Rgl , `" r^ King stud s" Single or double rough sill ., (double rough sill provides sol[d substrate for Cripple studs .'' mow. againstjacks Sheathing M Cripple stud•--�"W" I '� �� Aottomplate Property Owner Noise Insulation Agreement—Exhibit F(2916 Riviera Dr") Page 30 of 30 2631 Address: 2924 Riviera p a Name(s): Mead PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit E attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the"Contractor")to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 1 of 30 2632 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit B attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 2 of 30 2633 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities,the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 3 of 30 2634 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Chan es to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit E and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 4 of 30 2635 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of A reement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 5 of 30 2636 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uuirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida, Building Code Requirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s:Hcodes.iccsafe.or /content/FLRC2023Pl/cha ter-3-buildin - lannin #FLRC2023P1 Pt03 Ch03 SecR314.. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s://codes.iccsate.or /content/FLRC2023P1/cha ter-45- rivate-swirnrnin -pools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 6 of 30 2637 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Sus ension of Pro ram Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re- construction noise test to the ost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 7 of 30 2638 22. Desi n and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Requirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Re uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 8 of 30 2639 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in. Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value." So, a building that has a"Market Improvement Value"of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will recalculate the 50% threshold based upon the value of the Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 9 of 30 2640 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salva a of Materials & E ui ment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 10 of 30 2641 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Authority to Execute on Behalf of Cou!AY. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 11 of 30 2642 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Ieguet . The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 12 of 30 2643 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of 'Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 13 of 30 2644 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest, The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 14 of 30 2645 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROE000NTY-FL,GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 15 of 30 2646 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities; Joni Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Mon-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liabifty. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 16 of 30 2647 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROP R111OWNER#11 Sig ature Signaturel,�� Prinfed Name Printed Name Date ig 4tureV Printed Name WITNESSES: PROPERTY OWNER#2 Signature Signature Printed Name Printed Name Date Signature Printed Name ............... ........ ........... ..................... Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 17 of 30 2648 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro ercado Assist u A Date: Property Owner Noise Insulation Agreement(2924 Riviera Dr.) Page 18 of 30 2649 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lots 59 and 60, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (2924 Riviera Dr.) Page 19 of 30 2650 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2924 RIVIERA DR. Mill Your home is eligible for items with check mark12 below: Existiny,Exterior Wall Construction isConcrete Block ❑Wood Frame Dogri&,3Kin_lows Acoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) mechanical&Ellctflca' New Ductless Air Conditioning System(s)—FRONT BEDROOM ONLY ❑ New Whole House Ducted AC System ❑ Electrical Panel Replacement Miscellaneous ❑ New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) ❑New Air Conditioning Closet-(See Pre-Work requirement below) IWI Remove and Infill Thru Wall AC Units Progerty O rPre-Work R29ulEement ❑ NIP Work Scope requires that the Property Owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) Additional Pre-Work Item(s)Required of Unit Owner: + Construct permanent exterior landing at door on east bedroom. • Relocate condensate line at top of east bedroom door opening. Property Owner Noise Insulation Agreement—Exhibit 8 (2924 Riviera Dr.) Page 20 of 30 2651 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning, Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Knits — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing (Whole House Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing Whole House Central Ducted AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handier closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C (2924 Riviera Dr.) Page 21 of 30 2652 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authori of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Test. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement-Exhibit C(2924 Riviera Dr.) Page 22 of 30 2653 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall"AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Re uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2924 Riviera Dr.) Page 23 of 30 2654 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water 1 moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D (2924 Riviera Dr) Page 24 of 30 2655 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D (2924 Riviera Dr.) Page 25 of 30 2656 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2924 Riviera Dr.) Page 26 of 30 2657 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2924 Riviera Dr.) Page 27 of 30 2658 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3, The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written report must be provided to the NIP Management Team prior to July 31 2g24. If the Property Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 1, 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2924 Riviera Dr.) Page 28 of 30 2659 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7, The Property Owner understands that, depending on the extent of the dama e in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that si nifiicant damn a to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2924 Riviera Dr.) Page 29 of 30 2660 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs w: Sheathing Double Cripplestuds King stud , lop plate �� 1 King stud Jack stud � 11 Header t Header—~ (assembly can be lack stud configured various ways depending one " Rough structural and thermal requirements) ° r opening(R01 Rottomplate cut out at door rough openings Rough opening(RO) �I "" Jack stud King stud ✓ Single or double rough sill (double rough sill provides ...,,, H; solid substrate for t• trim installation) —Cripplestuds j against jacks are optional e Sheathing [ lei Cripple stud '. r, Ronom plate Property Owner Noise Insulation Agreement—Exhibit F(2924 Riviera Dr.) Page 30 of 30 2661 Address: 2918 Fla ler Ave. Name(s): Menendez PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESS ETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit E' attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 1 of 30 2662 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit B attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Im edin Com etitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 2 of 30 2663 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 3 of 30 2664 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance tance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 4 of 30 2665 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 5 of 30 2666 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s://codes.iccsafe.or /contenVFILRC2023P1/cha ter-3-buildin planning#FLRC2023Pl Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: Ihtt s://codes.iccsafe,or /content/FLRC2023P1/cha ter-45- private-swimming-pools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 6 of 30 2667 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program; Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to the ost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 7 of 30 2668 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Re uirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Re uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 8 of 30 2669 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value."So, a building that has a "Market Improvement Value"of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Aporaisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50% threshold based upon the value of the Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 9 of 30 2670 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E(Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Material's & F ui ment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 10 of 30 2671 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Propery. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Authority to Execute on Behalf of County. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 11 of 30 2672 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid_ The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2918 Flagler Ave.) --- Page 12 of 30 2673 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Ad� tin of disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 13 of 30 2674 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 14 of 30 2675 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOU'NTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 15 of 30 2676 P. Privileges and (Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. LeQal Obligations and Responsibilities; Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Nylon-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 16 of 30 2677 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) ;,.NESSES: PROPERTY OWNER#1 ature nature Printed Name Printed Name Date Signature kki �' Printed Name WITNESSES: PROPERTY OWNER#2 Signature ign ure ahwaklaa— .6yN i Printed Name Printed Name g4� sh /2-y %jr& Date Signature �blyelrj Printed Name Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 17 of 30 2678 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedr Mercado A staneba A, ` .._- Date. 1 Property Owner Noise Insulation Agreement(2918 Flagler Ave.) Page 18 of 30 2679 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 13 and N.W. 6 feet of Lot 22, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A(2918 Flagler Ave.) Page 19 of 30 2680 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group I NIP Treatment Summary for: 2918 FLAGLER AVE,—MENENDEZ Your home Is eligible for items with check mark IS below- Existing Exterior Wall Construction, 0 Concrete Block 13 Wood Frame Doors&M Lindows Acoustical Exterior Windows&Doors(See Floor Plan and Window Door Schedules) Mechanical&Electrical 11 New Ductless Air Condffioning System(s) 11 New Whole House Ducted AC System 0 Electrical Panel Replacement Miscellaneous •New,Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below), •New Air Conditioning Closet-(See Pre-Work requiirement below) 0 Remove and Infill Thru Wall AC Units 1,opeg,owner Pre-Work Re,uiremenLs n NIP Work Scope requires that the Property owner Installs Smoke Alarms to meet Florida Building Code Section R3 14,Smoke Alarms. rms. 5 Existing Swimming Pool(Property Owner Is required to Install exit alarms or Pool Alarms to meet Florida Building Code section R4501.17,Residential Swimming Barrier Requirement) Additional Pre-Work ftern(s)Required of Unit Owner. Existing Cracks in CMU above windows 3&4.See Pre-Exist.Deficiency Report for additional information. . ................... Property Owner Noise Insulation Agreement—Exhibit B (2918 Flagler Ave.) Page 20 of 30 2681 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing Whole House) Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing Whole Housel Central Ducted AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(2918 Flagler Ave.) Page 21 of 30 2682 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement-Exhibit C(2918 Flagler Ave.) Page 22 of 30 2683 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement lie uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If saml2les, show a Qresence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement-Exhibit C(2918 Flagler Ave.) Page 23 of 30 2684 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water 1 moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D(2918 Flagler Ave.) Page 24 of 30 2685 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(2918 Flagler Ave.) Page 25 of 30 2686 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2918 FlaglerAve.) Page 26 of 30 2687 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2918 Flagler Ave.) Page 27 of 30 2688 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1, In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written re ort must be provided to the NIP Management Team prior to July 31 2024. If the Property Owner fails to provide the report-by the stated deadline their house will be excluded from construction in Grou 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5, The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2918 Flagler Ave.) Page 28 of 30 2689 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, epending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2918 Flagler Ave.) Page 29 of 30 2690 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Sheathing Double - " Cripple studs lop plate King stud " ell" .� King stud " I —Jack stud Header Header w lack stud (assembly can be configured various ways depending on structural and thermal Rough requirements) opening(RD) Bottom plate cutout r . , at door rough openings Rough opening(00) lack stud . ,.: King stud Single or double rough sill (double rough sill provides ' .r solid substrate for him installation) Cripple studs agahstlacks are optional Sheathing �4� ✓4�^,rrw Cripplesiud IIII ' Bottum plate Property Owner Noise Insulation Agreement—Exhibit F(2918 Flagler Ave.) Page 30 of 30 2691 Address: 2919 Riviera Dr. Name(s): Dumuta PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use'and benefit of the public a right of free andunobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport and WHEREAS, the Property-Owner has-elected to participate in the Key West - International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit B attached hereto (the "Program Improvements"');­said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2919 Riviera Dr) Page 1 of 30 2692 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4, Impeding Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractor's_ability_to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid- environment, the PropertyOwner- is prohibited from having any discussion oir communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award af_the ccntruction contract by the County. Failure of the_-- Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from-the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. ......... Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 2 of 30 2693 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor-for any and all resulting damapes_and_all direct and indirect costs related thereto d. In the event_the--Property Owner fails to perform any and all of the ab0-ve Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. - 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; pProperty Owner Noise Insulation Agreement 2919 Riviera D ._._,y g ( r.) Page 3 of 30 2694 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction_De.Ia s,—--During the construction period, the Contractor_- may experience unforeseen—mmpticatians—relating to the installation—of--th_--Program--- Improvements. The -construction contract shall provide that delays related-to-these -- unforeseen complications-are beyond the control of the Contractor and shall-be excused so that the time for completion-may reasonably be extended. Construction schedules may also be revised if-there is-a delay in awarding of the contract or if-the Program Improvements have to be-ro=bid�n the event of lack of bidding contractors-andl-or--failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, ....._.............................................................. ..............._._. _. ....... ................ Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 4 of 30 2695 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level_of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as,part,Qf_the Program, a. The County agrees that-its contract with the Contractor Will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; _ .._.. ..._._. ............. Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 5 of 30 2696 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Regluirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements a. --- Smoke Alarms. 1n the event the NIP Acoustical--Modiftation -Package includes addition-of-gypsum board-closets, horizontal chases and/or-vertical-chases-as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be -- found at: l l rya uir ' Fw ��m tl PQ3 QhQ3 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s:Hcodes.iccsafe.or /content/FLRC2023Pl/cha ter-45- riivate-srimcin - oois. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the _....... __ _ .. �_ .................... .........._._. Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 6 of 30 2697 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The-Property Owner will be liable to the County for alLdirect and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure-and-determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. ....— Property .. ........ _. ........ rty Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 7 of 30 2698 22. Design and Bid Process Access, At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting-damages and all direct and indirect costs related thereto. 24. Communication Requirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement P,e uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 8 of 30 2699 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value." So, a building that has a "Market Improvement Value"of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative--Value of Improvements,nts, The Program--Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will-compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal O tion. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will recalculate the 50% threshold based upon the value of the .... ............ Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 9 of 30 2700 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29.- Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which-imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & E ui ment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for-the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 10 of 30 2701 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Property. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof., 36. Release of Easement. In the event--that-this Agreement is cancelled, or the County - determines that the Easement should oe released of record, the Property Owner, upon � written-request by the County, shall pay-to the-County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property, 37. Authority to Execute on Behalf of County. By Resolution No. 11 11-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17t" day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement . ....... Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 11 of 30 2702 39. General Conditions. a. Governing Law, Venue,. Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the _ enforcement or interpretation of this-Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an- award against the non-prevailing patty. Mediation-proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe__ County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authors. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Beguests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid_ The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds ......_ ....... _ Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 12 of 30 2703 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683,_and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the-Rehabilitation Act of 1973, as amended (20-USC-- _____§ 7 ). which prohibits discrimination on the basis of handicaps; ) _The .Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1.972 (PL 92-255), as amended, relating_to nondiscrimination on the basis of drug abuse; _6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616 , ps amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 13 of 30 2704 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and -disclosure or use of certain information.M. No Sol'icitait oniPa' rnent. The County and Property Owner warrant that, in respect to itself, it has neither-employed nor-retained any company or person, otlTe-than- a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other- than a bona fide employee working solely for it, any fee, commission, percentage,gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. ........ ......_...... ..... Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 14 of 30 2705 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records-to the -County upon completion of the contract,thea-Property Owner shall destroy en 'duplicato public records that are exempt or-confidential and--- exempt from public records-disclosure-requirements. If the Property Owner-keeps-and- - - maintains public records upon completion-of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the Comity- - (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insula tion Agreement(2919 Riviera Dr) Page 15 of 30 2706 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities, Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program_contemplated hereunder, and the County and Property Owner agree that neither -the County nor Property Owner or_any agent, officers_employee of each shall have :the aut QTity tQ inform, counsel, or otherwise indicate-that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,_ inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability, No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Ieadings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. _._. . _............................ ..... ..... ............ .. ._....... � Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 16 of 30 2707 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY ER(S) PROPERTY OWNER#1 r ure:...._ ( lop Printed Name Printed Name 0 10 z� Date AS,ign (UreE Printed Name - 1 WITNESSES: PROPERTY OWNER-#2 Signature Signature Printed Name Printed Name Date Signature Printed Name Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 17 of 30 2708 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR /CHAIRMAN; Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form aercado '4PedrossistarBey Date: ......... ........................... Property Owner Noise Insulation Agreement(2919 Riviera Dr.) Page 18 of 30 2709 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 22, less the Northwest 6 feet thereof, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. ......... ...................................................... _........... _ __._._.--------- Property Owner Noise Insulation Agreement—Exhibit A (2919 Riviera Dr.) Page 19 of 30 2710 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2919 RIVIERA DR. —DUMUTA (MAIN HOUSE) Existing Exterior Wall Construction Concrete Block 9'WocFd Frame—Rear addition only-Outbuilding not eligible at this time, ! Doors&Windows Acmisflca➢[::xt enor Vrindows&.l�)oow5 (see Hoor Pia',n and'Wjnid�,'..,Pv,F I I)o ow Si�..hechjles) Mechanical&Electiriical [".] NRm:vi Diui�::JLJ;ess Aui CondMonfinjg systeirn(s) V',Je%v Wh6le House Ducted AC Systern ii k.!ctncal Panel Rer.:mlar..'ernent Miscellaneous 13 New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) 0 New Air Conditioning Closet-(See Pre-Work requirement below) El Remove and Infill Thru all AC Units Pronerly Owner Pre-Work ReMdrements 0 NIP Work Scope requires that the Prop"Owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. 0 Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501,17,Residential Swimming Barrier Requirement) El Additional Pre-Work ftem(s)Required of Unit Owner: ........................................ .............. ................................... ......................... Property Owner Noise Insulation Agreement—Exhibit B (2919 Riviera Dr.) Page 20 of 30 2711 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioningi Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units - All existing "through-wall" and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing Whole House Ductless_AC System. - Homes that are - - -Gonfirme-d-to-be in this category at the Desig-rr-Survey-will not-be eligible to receive air --- -conditioning modifications. - - Homes that have an Existing Whole House Central Ducted AC S stem. - Homes that are-confirmed to be in this category at the Design Survey will not be eligible to receive air - conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System - Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handier closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in ..........._... . _...... Property Owner Noise Insulation Agreement—Exhibit C (2919 Riviera Dr.) Page 21 of 30 2712 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Design Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing _ sliding patio door openings tha"either have been_recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is_determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the __..........................Ow ..er_ .._.. ........ ...... ---- �.._ -- Property n Noise Insulation Agreement—Exhibit C(2919 Riviera Dr.) Page 22 of 30 2713 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Requirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. if samples show a resence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a resence of ACM > M The NIP contractor's certified _____- ....e asbestos abatement subcontractor-wit[- required to perform full asbestos abatement procedures as-directed-by the-Environmental Protection Agency (EPA) to include: -- • construction of ACM containment- barriers in all areas (walls, ceilings,-- windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2919 Riviera Dr.) Page 23 of 30 2714 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors__ and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County, or any, of—its officers, agents, employees',,' consultantsand/or contractors to be legally liable. . The Homeowner understands-and assumes full responsibility for theDeficiencies- present in the Property, whether visible to the Program a er or unseen. . The Homeowner understands that the Deficiencies include any deficiencies present-- in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water 1 moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. .............. _...._..._.... Property Owner Noise Insulation Agreement—Exhibit D (2919 Riviera Dr.) Page 24 of 30 2715 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. _............ ............... Property Owner Noise Insulation Agreement—Exhibit D (2919 Riviera Dr.) Page 25 of 30 2716 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily__ injuries or death, damage to the property and _the consequences thereof;-and any of the foregoing which may accrue to -the undersigned or th-eir__respective heirs,_personal representatives, successors and assigns in connection with an and all-Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally-liable. 2. Depending on existing -conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack ......................._.. ................._ .... Property Owner Noise Insulation Agreement—Exhibit E(2919 Riviera Dr.) Page 26 of 30 2717 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E 2919 Riviera D P Y ���������� 9' ( r) Page 27 of 30 2718 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, -successors and assigns-in-canneetion with any and all Structural Wood Deficiencies--resulting from an active'-moisture leak and/or wood destroying insects or organisms (the "Deficiencies") egainst-said--County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written report must be provided to the NIP Management Team prior to July 31 2524. If the Property Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2919 Riviera Dr.) Page 28 of 30 2719 6. organisms in wood framing beyond the rough o enin (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow fora successful installation of the Program Improvements. 10. The Property--Owner-understands that if Program construction-is-terminated-,-Window and/or door-openings will-be-boarded and uninstalled windows-and/or-doors-(and associated construction materials) will be removed from the property. 11. The Property-Owner-understands that correction of significant damage to structural members, as-well-as-installation of (temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. _.._-.. .W....._..........._... .. ......................... � Property Owner Noise Insulation Agreement—Exhibit F(2919 Riviera Dr.) Page 29 of 30 2720 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology T MGtipble KIIVi:lSIM � _.., ..fvit"k, 1L1fl Ef wti 1 f I I x� ,l IIefPi11il,1 rII m J Yil l�l 9II�li1 II Y�11 P�14t I'1110 ryry , � Iy kIII 9 Unarm(BM lack Ad (doirible,nigh 01 provides D V sull'ldsubsoaufor , CNOclosiuds �� s�sYsSU packs go,00flonal brarn PWR ...... ....... ...... .......... ......,,,. _�. Property Owner Noise Insulation Agreement—Exhibit F(2919 Riviera Dr.) Page 30 of 30 2721 Address: 2,930 Riviera Dr. Name(s): Good Paper on Riviera PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit B attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the"Contractor")to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 1 of 30 2722 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit S' attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Im edina Com etitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical &electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 2 of 30 2723 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities,the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Workina Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 3 of 30 2724 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Properly Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owners failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Chan es to Scope of "Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acce tance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 4 of 30 2725 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one(1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 5 of 30 2726 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Building Code Re uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s://cor es.icessaf .or /conitenit/FL.RC2023P1/cha ter-3-builldin - lannin FLRC2023P1 Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s://codes,iccsafe.or /content/FLRC2023P1/cha ter-45- ri'vate-swirnmin - ools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2930 Riviera Dr.) _ Page 6 of 30 2727 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Pro e The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction poise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 7 of 30 2728 22. Desi n and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Re uirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Coo eration in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. F`EMA Substantial Improvement Re uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2930 Riviera Dr.) _ Page 8 of 30 2729 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that"Market Improvement Value." So, a building that has a "Market Improvement Value"of$100,000, would have a market value of$115,000.This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market. Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value A raisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50%threshold based upon the value of the W Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 9 of 30 2730 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29, Deduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & Eguipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Propeqy Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise insulation Agreement(2930 Riviera Dr.) Page 10 of 30 2731 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor,and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Proms_q. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Athori to Execute on Behalf of County. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17'h day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 11 of 30 2732 39. General Conditions. a. Governing Law, 'venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Ele�ue ts. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulatio n Agreement(2930 Riviera Dr.) Page 12 of 30 2733 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adiudication of Dispu or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination, The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vlll of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation.ation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 13 of 30 2734 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records,, and documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 14 of 30 2735 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONR+OECOU NTY-FL.GO4A, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 15 of 30 2736 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities; Non-Delegation ation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance 1?y Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liabillr. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. .... Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 16 of 30 2737 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OWNER#1 Signature Signature Printed Name Printed Name 07 Z�2� ��, Dat gnature r�nted Nara A A ��CU WITNESSES: PROPERTY OWNER#2 Signature Signature 1 /ViE nee�/ We i n ee- Pnnted Name Printed Name 01 r Date ignature Niaq N - Printed Nam Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 17 of 30 2738 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form F" r ,_M+ AWi ntJ County Attorney Date: T _ Property Owner Noise Insulation Agreement(2930 Riviera Dr.) Page 18 of 30 2739 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lots 57 and 58, Block 4, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (2930 Riviera Dr.) Page 19 of 30 2740 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2930 Rtyl ERA DR.-WEINER Existing tenor all Conit_ruction 0 Concrete Block 12 wood Frame—REAR ADDITION Doors&Windows 12 Acoustical Exterior Windows&Doors(See Floor Plan and Window/'Door Schedules) Mechanical&Electrical 0 New Ductless Air Conditioning System(s) 5 New Whole House Ducted AC System to Electrical Panel Replacement—SMALL SUB,PANEL ONLY Miscellaneous F1 New Gyp Board Pilasters and/or Soffits-(See Pire-Work requirement below) New Air Conditioning Closet-(See Pre-Work requirement below) 0 Remove and Infill Thru Wall AC Units Pr W owner Pre-Work Reguirements 12 NIP Work Scope requires that the Property Owner installs Smoke Alarms to rneet Florida Building Code Section R31.4,Smoke Alarms. El Existing Swimming Pool(Property Owner is required to install it alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) Additional Pre-work Itern(s)Required of Unit Owner: Existing Cracks In CMU above windows 3,4&5.See Pre-Exist.Deficiency Report for addiUonal information. Property Owner Noise Insulation Agreement—Exhibit B (2930 Riviera Dr.) Page 20 of 30 2741 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of °`Throe h-Wall / Through-Window'" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing, Who% House Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing (Whole,House Central Ducted AC S stem. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC Sy — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(2930 Riviera Dr.) Page 21 of 30 2742 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handier location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authori of NIP Design T+eam in the Determination of NIP M,odifi cations. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C(2930 Riviera Dr.) Page 22 of 30 2743 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall"AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement lie uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If gam Ies show a presence of ACM < 1'W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. Is air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. ' lindowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing the sills will be replaced by new marble sills unless matching tile is available. F. Dour Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2930 Riviera Dr.) Page 23 of 30 2744 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water 1 moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event"Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D(2930 Riviera Dr.) Page 24 of 30 2745 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(2930 Riviera Dr.) Page 25 of 30 2746 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack ....._..............-- Property Owner Noise Insulation Agreement—Exhibit E(2930 Riviera Dr.) Page 26 of 30 2747 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2930 Riviera Dr.) Page 27 of 30 2748 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written re ort must be provided,to the NIP Management Team prior to July 31 2024. If the Pro e Owner fails to provide the report b the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eli ible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2930 Riviera Dr.) Page 28 of 30 2749 6. organisms in wood framing beyond the rou h opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eli Bible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the dama a in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2930 Riviera Dr.) Page 29 of 30 2750 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Sheathing Double , Cripple studs f to plate 1. King stud p King stud Jack studM- Ma. "Ile � �Header Header Jack stud (assembly can he M "� configuredvaiious ! ways depending on ` Rough structural and thermal m " opening(RD) Bottom plate cut out requirements) at door rough openings Rough Jackstud opening(RD) I Kingslud µx Single or double rough sill (double rough sill provides r solid substrate for ,M �°• Mm Installation) Q M Cripplesluds against jacks M Mw �J%^� areoplicnal Sheathing Cripple slud Bottom plate , Property �.. .......� _ ........ — Own er Noise Insulation Agreement—Exhibit F(2930 Riviera Dr.) Page 30 of 30 2751 Address: 3000 Flapler Ave Name(s): Victor PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit @ attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the"Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 1 of 30 2752 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit 8 attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Laid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 2 of 30 2753 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities,the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 3 of 30 2754 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained, b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 4 of 30 2755 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 5 of 30 2756 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Buildin Code Requirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s://codes,iccsafiu.or /content/FV�2'3Pllcha ter-3-buildin - pIannina#FLRC2023P1 Pt03 Ch03 Sec1314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s://cgdes.iccsafe.or /content/Ft.RC2023P1/cha ter-4 r- rivate-swirrrnin Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 6 of 30 2757 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. 'Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to the post-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the re- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 7 of 30 2758 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Re uirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FERIA Substantial Improvement Re uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 8 of 30 2759 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% 'Mule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value."So, a building that has a "Market Improvement Value"of$100,000,would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option, If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50%threshold based upon the value of the Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 9 of 30 2760 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & I= ui ment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 10 of 30 2761 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Pro ert . In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear' the title to the Property. 37. Authority to Execute on Behalf of CoUDly. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(3000 FlaglerAve.) Page 11 of 30 2762 39. General Conditions. a. Governing Law V nue Inter retation Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance, of Gifts, Grants, Assistance Funds, or Bequests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 12 of 30 2763 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Ad'udication of [mutes or Disagreements.w The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation.n. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 13 of 30 2764 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 14 of 30 2765 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 15 of 30 2766 P. Privilege and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obp a,_ti ns and Responsibilities; Non-Delegation of Constitutional or Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 16 of 30 2767 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OWNER#1 nil Signature Signature jjML h CA- Printed Name Printed Name L., loll ? Date Signature �2,4&, 11" Printed Name WITNESSES: PROPERTY OWNER#2 Signature Signature Printed Name Printed Name Date Signature Printed Name Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 17 of 30 2768 ONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro ercado Assistaan ey Date: 12-5 Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 18 of 30 2769 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 8 and the Northwesterly 6 feet of Lot 27, Block 3, RIVIERA SHORES SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 148, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (3000 Flagler Ave.) Page 19 of 30 2770 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 4000 LAG L —AYE,— aO- Your home is eligible for items with check mark below: Existing Exterior Wall Construction Concrete Block Wood Frame-AT PARTIAL FRONT ADDITION ONLY Doors&Windows Acoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) Mer,banijal&Eledrkol ❑New Ductless Air Conditioning System(s) ❑ New Whole House Ducted AC System ❑Electrical Panel Replacement Miscellaneous ❑ New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) ❑New Air Conditioning Closet-(See Pre-Work requirement below) ❑ Remove and Infill Thru Wall AC Units Prguerbi OwLier Pre-Work-Requireinentj ❑NIP Work Scope requires that the Property Owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. 0 Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) ❑Additional Pre-Work Item(s)required of Unit Owner: Property Owner Noise Insulation Agreement—Exhibit B(3000 Flagler Ave.) Page 20 of 30 2771 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Thirou h-Wall l Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing( Whole House Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing Whale mouse Central Ducted AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(3000 FlaglerAve.) Page 21 of 30 2772 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Desicin Team in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C(3000 FlaglerAve.) Page 22 of 30 2773 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall"AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement lie uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of ACM < M The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall /ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samp,les show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching the is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(3000 Flagler Ave.) Page 23 of 30 2774 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water I moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event"Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D(3000 Flagler Ave.) Page 24 of 30 2775 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(3000 Flagler Ave.) Page 25 of 30 2776 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(3000 Flagler Ave.) Page 26 of 30 2777 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(3000 Flagler Ave.) Page 27 of 30 2778 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written re ort must be provided to the NIP Management Team prior to July 31 2024. If the Property Owner fails to provide the report-by the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is elig&e for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(3000 Flagler Ave.) Page 28 of 30 2779 6, organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely, that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated,window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of(temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(3000 Flagler Ave.) Page 29 of 30 2780 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Sheathing Double CrippleIstuds lop plate King stud King stud r _ Jacksfud j — Header Header lackstud (assemblycanbe configured various ,. ways depeMing on �! slructural and thermal - Bough requirements) ' openin00J Bottom plate cut out W " at doo r rough open in gs Rough 9 opening(R0) lack stud K ng slu " Single or double rough sill (double rough sill provides C solid substrate for triminstallatinn) �. C09018sfuds agairtsliacks �; *f areoprional Sheathing Cripplesrud Bottom late Property Owner Noise Insulation Agreement—Exhibit F(3000 Flagler Ave.) Page 30 of 30 2781 Address: 1604 Bahama Dr. Name(s): artararo &Onderdonk PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit B attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor(the "Contractor ')to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 1 of 30 2782 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. 'Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Pro ram Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 2 of 30 2783 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities,the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 3 of 30 2784 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 4 of 30 2785 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1)year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 5 of 30 2786 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-ExistingDeficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Buiildin Code Re ui�rements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s:Hcodes.iccsafe,or /content/F .RC2023P1/cha ter-3-buildin - tannin #FLRC2023P1 PtO3 Ch03 Sec,R314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: htt s.//codes.iccsaf .or /content/FLRC2023P1/cha ter-45- rivate-swimmin - ools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 6 of 30 2787 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 7 of 30 2788 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Re uirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. 'Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement Requirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency(FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 8 of 30 2789 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value." So, a building that has a "Market Improvement Value"of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements, The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50%threshold based upon the value of the Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 9 of 30 2790 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 2& Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvage of Materials & E ui ment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Propeq Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction, The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 10 of 30 2791 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Pro eq. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00)to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Authority to Execute on Behalf of Coun . By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 11 of 30 2792 39. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Author . Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Bequests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 12 of 30 2793 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adjudication of Dish or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 13 of 30 2794 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Payment, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 14 of 30 2795 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 15 of 30 2796 P. Privileges and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations ions and Responsibilities, Non-Delegatuon of Constitutional or Statutory Duties,, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liabillt . No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 16 of 30 2797 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) TRESSES: PROPERTY OWNER#1 Signature Signature k-Av\ 9 1)4"T�e" &C't' Printed Name Printed Name m. Date S7 lb 12�' t Printed Name NESSES: PROPERTY E #2 Signature Signature Printed Name APrin WedName zjyz�E���/' Date S nat re Printed Name Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 17 of 30 2798 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By: Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro eroad;bmey Assistant Date: Property Owner Noise Insulation Agreement(1604 Bahama Dr.) Page 18 of 30 2799 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 18 and the North One-Half (1/2) of Lot 19, AMENDED PLAT OF RIVIERA SHORES - FIRST ADDN., according to the Plat thereof, recorded in Plat Book 5, Page 88, of the Public Records of Monroe County, Florida. _.. ...... Property Owner Noise Insulation Agreement—Exhibit A (1604 Bahama Dr.) Page 19 of 30 2800 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement_ Group 1 NIP Treatment Summary for: 1,6Q4,gAHAMA DR.—QUARTARA!30 L ONDERDON Existing Exterior Wall Construction Concrete Block Wood Frame Doors&Windows Acoustical Exterior Windows&Doors(See Floor Plan and Window l Door Schedules) Mechanical&Electrical D New Ductless Air Conditioning System(s) 11 New Whole House Ducted AC System 0 Electrical Panel Replacement Miscellaneous *New Gyp Board lPilasters,and/or Soffits-(See Pre.-Work requirement below) *New Air Conditioning Closet-(See Pre-Work requirement(below) 0 Remove and infill Thru Wall AC Units Property Owner(Pre-Work Regui­rerrigpJ2 13 NIP Work Scope requires that the Property Owner installs Smoke Alarms to meet Florida Building Code Section R314,Smoke Alarms. 5 Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) rl Additional!Pre-Work ltem(s)Required of Unit owner: • Remove planter boxes at window 9&10. ...................... Property Owner Noise Insulation Agreement—Exhibit B (1604 Bahama Dr.) Page 20 of 30 2801 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Homes that have an Existing Whole House Ductless AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing Whole House Central IC9ucted AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central (Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in ......_. ................_ Property Owner Noise Insulation Agreement—Exhibit C(1604 Bahama Dr.) Page 21 of 30 2802 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE. In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authority of NIP Design Teary in the Determination of NIP Modifications. During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2. decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testing. During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Ow Agreement— ���� Owner Noise Insulation A m ..__ _. g �� Exhibit C(1604 Bahama Dr) Page 22 of 30 2803 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall"AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Ede uirernents. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a resence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall / ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA)to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold) Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. ........ Property Owner Noise Insulation Agreement—Exhibit C(1604 Bahama Dr.) Page 23 of 30 2804 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event"Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. .............___ .............. . ....... Property Owner Noise Insulation Agreement—Exhibit D(1604 Bahama Dr.) Page 24 of 30 2805 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D(1604 Bahama Dr.) Page 25 of 30 2806 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack wwwwwwwww Property Owner Noise Insulation Agreement—Exhibit E(1604 Bahama Dr.) Page 26 of 30 2807 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(1604 Bahama Dr) Page 27 of 30 2808 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned,for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A copy of the written report must be provided to the NIP Management ement Team prior to J u ly 31 2024. If the Pro2e& Owner falls to provide the report by the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(1604 Bahama Dr.) Page 28 of 30 2809 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) ma not be an eligible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9� The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of (temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(1604 Bahama Dr.) Page 29 of 30 2810 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Sheathing . C ✓ Cripplesluds Double top plate -Kingstud °tea King stud Jackstud II � Header Header (assembly can he lack stud configured various ways deperdmg on Rough structural and thermal 1° requirements) °'" °�'%��� opening(fl0) Bottom plate cut out r"" atdoorrough openings Rough opening(RO) Jack stud � � � �-'":,�I•"„" ,,,, -�""�^-.�„ � Kingstud Single or double rough sill (double rough sill provides solid substrate for tdmlasiallatlon) ,, 1 Cripple studs against jacks are optional Sheathing Crioolestud .. Bottom plate Property Owner Noise Insulation Agreement—Exhibit F(1604 Bahama Dr.) Page 30 of 30 2811 Address: 2805 F la ler Ave. Name(s): CUTTan/P ish l PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibits attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager, noise program coordinator, senior technical advisor, architect, mechanical / electrical engineer, acoustician, hazardous materials specialist, and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 1 of 30 2812 1. grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement")which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit C. 3. Payment for Program Improvements. The County agrees to pay for the Program Improvements described in Exhibit E attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Sid Process. The Property Owner shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To ensure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. Pre- & Post-Construction Responsibilities, The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet the following Pre-Construction requirements in rooms with window & door openings and/or rooms where the mechanical & electrical air conditioning modifications will occur: (1) All valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (2) All window and door treatments (such as blinds, drapes, plantation shutters, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 2 of 30 2813 (3) All electronic and dust-sensitive items shall be removed and stored in rooms where the Program construction will not be occurring. (4) All wall hangings (such as mirrors, pictures, hanging shelves, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. (5) All small items and miscellaneous belongings shall be removed and stored in rooms where the Program construction will not be occurring. b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings back to their original positions in the Property: (2) Re-installation of all window treatments, door treatments and wall hangings back to their original positions in the Property. C. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Workina Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State, and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 3 of 30 2814 (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and (4) Ensuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. C. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit B and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of 'Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers, and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 4 of 30 2815 they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one- year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 11. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 5 of 30 2816 (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Re uirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete all designated Pre-Work items utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. 2023 Florida Buildinq Code Reg uirements. a. Smoke Alarms. In the event the NIP Acoustical Modification Package includes addition of gypsum board closets, horizontal chases and/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R314, Smoke Alarms. The code section can be found at: htt s:ilcodes.iccsaf�e.cr icontent/FLRC2023Pllba ter-3-buildi�n - lanninci#FLRC2023Pl Pt03 Ch03 SecR314. Upon written notification by the Program Manager that the Property Owner will be required to complete this "Pre-Work" item, the Property Owner shall at their expense, install the code required Smoke Alarms prior to September 30, 2024. Failure to complete this work will prevent the Contractor from obtaining a building permit. Therefore, in the event the Property Owner fails to complete this work before September 30, 2024, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Outdoor Swimming Pools. Outdoor swimming pools shall be provided with a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The code section can be found at: httos:Hcodes.iccsafe-o[g/co ntenVFLRC2023P1/cha ter-45- rivate-swimmin - ools. Where a wall of a dwelling serves as part of the barrier, the Property Owner shall at their expense, install the code required Pool Alarms. The Property Owner will be required to complete this item immediately following the completion of their NIP construction, utilizing their own funds. Failure to complete this work will prevent the close-out of the NIP Construction permit. Therefore, in the event the Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 6 of 30 2817 Property Owner fails to complete this work, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 17. Suspension of Program Process. The Program process may be temporarily suspended at anytime during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre- & Post-Construction Noise Testing Process. Pre- & post-construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for Pre- & Post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies)from the time of the re-construction noise test to thepost-construction noise test. In an effort to ensure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre- construction noise test to thepost-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, power, and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 7 of 30 2818 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre- construction acoustical testing and pre-bid visit. In the event the Property Owner fails to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email and/or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre- Construction, Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, construction, post- construction inspections and post-construction noise testing. Furthermore, in the event the Property Owner fails to provide access for all required NIP Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 24. Communication Requirements. The Property Owner agrees to read and review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. 25. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 26. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 27. FEMA Substantial Improvement lie uirements. The City of Key West participates in the National Flood Insurance Program (NFIP) administered by the Federal Emergency Management Agency (FEMA). Substantial improvement requirements are triggered when the local building official determines that the cost of improving a structure located in a Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 8 of 30 2819 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Building's Market Value in Connection with, the 50% Rule. Determination starts with the Monroe County Property Appraiser's value for the building (the "Market Improvement Value" not including the land value) before any work has been performed. Then 15% is added to that "Market Improvement Value." So, a building that has a "Market Improvement Value" of$100,000, would have a market value of$115,000. This is called the Adjusted Property Appraiser's value. b. Determination of the Cumulative Value of Improvements. The value of improvements is based upon a total of costs of permitted improvements and/or repairs made to a building within the past five years. The Property Owner must provide the Program Manager with a list of permitted improvements and/or repairs made during the past five years and their associated cost/value. The value of proposed NIP Improvements for a building will be the cost included in the Contractor's Bid for that building. The cumulative value of improvements will be the sum of the value of completed improvements and/or repairs and the value of proposed NIP Improvements. c. Determination of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will determine the building's Adjusted Property Appraiser's value and calculate the 50 percent threshold for the building. The Program Manager will compare the building's 50 percent threshold with the cumulative value of improvements. If the cumulative value of improvements equals or exceeds the 50 percent threshold, the Program Manager will inform the Property Owner. d. Private Market Value Appraisal Option. If the Property Owner believes their house is worth more than the Adjusted Property Appraiser's value, the Program Manager will recommend obtaining a private Market Value appraisal from a local property appraisal company (also known as an Actual Cash Value (ACV) appraisal). If a private appraisal is obtained, the 50% threshold will be based upon the value of the building shown in the private appraisal. e. Private Market Value Appraisal Process. If the Property Owner agrees, the Program Manager will obtain, at its sole cost and expense, a private market value appraisal from a local property appraisal company. At a scheduled time, the Property Owner agrees to provide access to the Property to the Program Manager and their selected property appraisal company to collect information to prepare the appraisal. In the event the Property Owner fails to provide access to the Property for the appraisal visit, the Property Owner shall be removed from NIP participation because the cumulative value of improvements will exceed the 50% threshold (based upon the Adjusted Property Appraiser's value). f. Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50%threshold based upon the value of the Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 9 of 30 2820 building established by the private appraisal. If the cumulative value of improvements is less than the 50% threshold, the Property Owner will be informed that thier Property can continue with NIP participation. If the cumulative value of improvements is still greater than or equal to the 50% threshold, the Property Owner will be informed that their Property cannot continue with NIP participation. 28. Federal Assurance, As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 29. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Salvaged Materials & E ui rnent. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment, or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 31. Property Insurance. In addition to the Contractor's required insurance coverages, the Property Owner will be required to verify they have an active and enforced homeowner's insurance policy throughout the duration of the construction of the Program Improvements. After the completion of the Program construction, the Property Owner is advised to update their homeowner's insurance policy to reflect the Program Improvements. 32. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 10 of 30 2821 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 33. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 34. Sale of Pro perty. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 35. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant, or condition hereof. 36. Release of Easement. In the event that this Agreement is cancelled, or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 37. Authority to Execute on Behalf of Counly. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 38. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Legal Description of Property b. Exhibit B: Program Improvements. C. Exhibit C: Program Policy Statements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement f. Exhibit F: Wood Framed House Agreement Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 11 of 30 2822 39. General Conditions. a. Governing Law, Venue,_Interpretation, Costs and Fees,. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding_Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. C. Autth . Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. d. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to affect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. e. Acceptance of Gifts, Grants, Assistance Funds, or Bests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. f. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 12 of 30 2823 to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. g. Adiudication of Disputes or Disagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. h. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. i. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 13 of 30 2824 Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. j. Books, Records and Documents.. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four years following the termination of this Agreement. k. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. M. No Solicitation/Pa ment, The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n. Public Access. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 14 of 30 2825 The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE PROPERTY OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPERTY OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-BRIAN MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. o. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 15 of 30 2826 P. Privily and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q. Legal Obligations and Responsibilities-, Non-Delegation of Constitutional or Statutory duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. r. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. S. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. t. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. U. Execution in Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. V. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 16 of 30 2827 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. PROPERTY OWNER(S) WITNESSES: PROPERTY OWNER#1 w Signature Sig ature �UA a�ed- 1&_LMO Ir-bo') Printed Name Printed Name a P 1\ ��&0714� Y� Date Signature Printed Name WITNESSES: PROPERTY O ER#2 Signature signature Printed Name Printed Name ,\ Date Signature Printed Name Property � _ .... p y Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 17 of 30 2828 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) MAYOR/CHAIRMAN: Attest: KEVIN MADOK, CLERK Craig Cates By. Signature as Deputy Clerk Date: Monroe County Attorney Approved as to Form Pedro ercado Assist rwt- Adorn y Date: f 2- M Property Owner Noise Insulation Agreement(2805 Flagler Ave.) Page 18 of 30 2829 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 2, Block 2, LIME GROVE SUBDIVISION NO. 2, according to the plat thereof as recorded in Plat Book 2, Page(s) 26, Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement—Exhibit A (2805 Flagler Ave.) Page 19 of 30 2830 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 2805 FLA L.ER A_VE—CUR RAN,- P SITYK Exilting Exterior Wall section ❑Concrete Block 12 Wood Frame Doors&Windows Acoustical Exterior Windows&Doors(See Floor Plan and Window/Door Schedules) Mechanics f mciri al ❑New Ductless Air Conditioning System(s) ❑ New Whole House Ducted AC System ❑ Electrical Panel Replacement Miscellaneous ❑ New Gyp Board Pilasters and/or Soffits-(See Pre-Work requirement below) 0 New Air Conditioning Closet-(See Pre-Work requirement below) ❑ Remove and Infill Thru Wall AC Units Progerty Owner Pre-Work Beggirements ❑ NIP Work Scope requires that the Property Owner installs Smoke Warms to meet Florida Building Code Section R314,Smoke Alarms. ❑ Existing Swimming Pool(Property Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17,Residential Swimming Barrier Requirement) 12 Additional Pre-Work Items)Required of Unit Owner: Severe Deficiency Found—See Pre-Existing Deficiency Report for additional information. Property Owner Noise Insulation Agreement—Exhibit B (2805 Flagler Ave.) Page 20 of 30 2831 PROGRAM POLICY STATEMENTS Exhibit C To Property Owner Noise Insulation Agreement A. Air Conditioning Modifications: General Rules and Restrictions. Noise insulation treatments only remain effective if a home is completely closed-off to the outside. Removal of "Through-Wall / Through-Window" Portable Air Conditioner Units — All existing "through-wall' and/or "through-window" portable AC unit(s) will be removed in habitable rooms. The exterior wall openings will be infilled with construction to match existing surrounding wall construction. Windows with "through-window" air conditioning units will be replaced with acoustical windows. Habitable rooms that are left unconditioned will be provided with ductless "mini-split" AC systems in those rooms. Electrical panel and wiring upgrades will be provided, if needed. Domes that have an Existin Whole House Ductless AC System, — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that have an Existing Whole House Central Ducted' AC System. — Homes that are confirmed to be in this category at the Design Survey will not be eligible to receive air conditioning modifications. Homes that Lack a Central Ducted or Ductless AC System — Homes that are confirmed to be in this category at the Design Survey will be eligible to receive a new (whole home) AC system based on existing conditions and cost, which could consist of either a ducted or ductless system to be determined by the NIP Consultant. The NIP Consultant will design the new (whole home) AC system to conceal all interior service lines (refrigerant, condensate, and wiring) and/or ductwork as much as possible. There may be a need to modify or build new air handler closets, modify ceilings, and/or construct new horizontal or vertical gypsum board chases to conceal the service lines and ductwork. The location and need for the closets and chases will be determined at the Design Survey and presented for homeowner approval at the Design Review Meeting. It should be noted that the NIP Consultant will determine and design the new AC system based on existing conditions, including location and size of rooms being conditioned and available attic access. The NIP Consultant will also determine and design any required electrical modifications associated with the new AC system. In the event a new central ducted AC system is provided, the NIP Consultant will include outside air ventilation ductwork to ensure conformance with ventilation criteria included in Property Owner Noise Insulation Agreement—Exhibit C(2805 FlaglerAve.) Page 21 of 30 2832 the current building code. This ventilation ductwork consists of a small diameter rigid metal duct from the exterior wall to the air handler location and an electric damper. NOTE: In the event the NIP Improvements include gypsum board vertical or horizontal chases and/or closets to accommodate a new AC system, the Property Owner will be responsible for installing smoke alarms as required by Florida Building Code Section R314. In this case the Property Owner will be required to meet this requirement with their own funds prior to the start of NIP construction. B. Authorily of NIP Design Team in the Determination of NIP Modifications., During the design process and based on existing conditions defined at each property during the Design Survey, the NIP Design Team will have the sole authority to: 1. determine habitable rooms within a home that are eligible to receive NIP modifications. 2„ decide not to provide acoustic window replacements on existing window openings that have recently been replaced with a high impact, hurricane rated window if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 3. decide not to provide acoustic sliding patio door replacements on existing sliding patio door openings that either have been recently replaced with a high impact, hurricane rated door or that have a height or width that cannot be accommodated with acoustical products, if it is determined that the 5-decibel reduction goal can be achieved by other NIP modifications. 4. design the air conditioning modifications based on cost efficiency and code requirements to include: • the design of a ductless AC system which will specify the number of ductless units to be provided and the location of all associated components to include required service lines (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • the design of a "whole home" ducted AC system which will specify the size and the location of all associated components to include required ducts, (refrigerant, condensate and electrical), vertical and horizontal gypsum board chases and condensers. • electrical modifications and/or additions to the existing electrical panel as required by the ductless or ducted AC systems. C. Asbestos Testin . During the design process, the NIP will collect samples at each home to include gypsum board joint compound, window glazing, exterior window, and door caulking and (if present) exterior stucco to evaluate for the Property Owner Noise Insulation Agreement—Exhibit C(2805 Flagler Ave.) Page 22 of 30 2833 presence of asbestos. Depending on the laboratory analysis of these samples, the verified presence of asbestos containing materials (ACM) has the potential to impact several areas of the NIP construction process to include: 1. window removal and acoustic window installation, 2. door removal and acoustic door installation 3. removal of portable "through-wall" AC units and the infilling of openings 4. drilling/cutting of ceiling and/or walls required for the installation of ductless AC 5. construction of soffits and/or vertical pilasters for the installation of ductless AC D. Asbestos Abatement Re uirements. In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: 1. If samples show a presence of ACM < 1 W The NIP contractor will be required to comply with OSHA worker safety requirements to include respirators, poly curtains in all areas where the wall /ceiling areas are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 2. If samples show a presence of ACM > M The NIP contractor's certified asbestos abatement subcontractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: • construction of ACM containment barriers in all areas (walls, ceilings, windows, doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. • abatement and bagging of ACM resulting from the demolition process. • air sampling of containment areas during and after abatement Once air sampling results verify acceptable limits, all areas will be cleared for access to workers and property owners. E. Windowsill Replacement. Due to the thickness of the new aluminum acoustical windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills unless matching tile is available. F. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new swinging (hinged) doors and sliding glass doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a home from water infiltration during a hurricane. Property Owner Noise Insulation Agreement—Exhibit C(2805 Flagler Ave.) Page 23 of 30 2834 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Homeowner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Homeowner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water I moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Homeowner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Homeowner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Homeowner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Property Owner Noise Insulation Agreement—Exhibit D (2805 Flagler Ave.) Page 24 of 30 2835 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 8„ The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit D (2805 FlaglerAve.) Page 25 of 30 2836 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Homeowner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. Depending on existing conditions, the Program Improvements may include the addition of acoustical windows and doors and/or removal and infilling of "through- wall" portable air conditioner units and addition of a replacement AC system. These modifications will result in a greater sealing of the property and the reduction of natural leakage that may have occurred in the past. 3. The Homeowner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Homeowner. The Homeowner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Homeowner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Homeowner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 4. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, and/or lack Property Owner Noise Insulation Agreement—Exhibit E(2805 Flagler Ave.) Page 26 of 30 2837 of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Homeowner Noise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Property Owner Noise Insulation Agreement—Exhibit E(2805 Flagler Ave.) Page 27 of 30 2838 WOOD-FRAMED HOUSE AGREEMENT Exhibit F To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit F is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands that Exhibit F is required for houses whose exterior walls are constructed (completely or partially) of wood to continue their participation in the Program. 3. The Property Owner understands that their house must not have active wood destroying insects or organisms and will obtain an inspection and written report from a licensed pest control company documenting that their house meets this requirement. A co of the written re ort must be rovided to the NIP Jana ement Team prior to July 31 2024. If the PropeL Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 1. 4. The Property Owner understands that replacement of wood immediately visible at the rough openings following the removal of existing windows and doors (which includes the Rough Sill, Header, and Jack Studs, as illustrated in Attachment A) is eligible for reimbursement from Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funds and will be included in the Program Improvements. 5. The Property Owner understands that the presence of deteriorated wood structural members caused by an active water leak and/or wood-destroying insects or Property Owner Noise Insulation Agreement—Exhibit F(2805 Flagler Ave.) Page 28 of 30 2839 6. organisms in wood framing beyond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as illustrated in Attachment A) may not be an eli ible cost and therefore may not be included in the Program Improvements. 7. The Property Owner understands that, depending on the extent of the damage in window/door rough openings, the correction process could require the replacement of additional wood frame components which may include the King Studs, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing. 8. The Property Owner understands that it is unlikely that significant damage to structural members will be discovered in the window and door openings during the Program construction, such that the cost to make the necessary corrections to allow for a successful installation of the Program Improvements is not included in the NIP Construction Contract. 9. The Property Owner understands that in the unlikely event that such significant damage is discovered, Program construction will be terminated, and the Property Owner will be responsible for making the necessary corrections, utilizing their own funds, to allow for a successful installation of the Program Improvements. 10. The Property Owner understands that if Program construction is terminated, window and/or door openings will be boarded and uninstalled windows and/or doors (and associated construction materials) will be removed from the property. 11. The Property Owner understands that correction of significant damage to structural members, as well as installation of (temporary) replacement windows and/or doors, is the sole responsibility of the Property Owner to remedy utilizing their own funds. 12. The Property Owner understands that installation of the remaining acoustical doors and/or windows may be (but is not guaranteed to be) completed by the Program following correction (by the Property Owner) of significant damage to structural members. 13. The Property Owner hereby agree that the terms and provisions of this Exhibit F shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors, and assigns. Property Owner Noise Insulation Agreement—Exhibit F(2805 Flagler Ave.) Page 29 of 30 2840 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs r� Sheathing Double k Cripplestuds lopplate � `" `"King stud King stud lack stud �- —Header Header ry � Jack stud (assembly can he configured various {i ways depending on M structural and thermals � Rough I�t requirements) _ opening(RO) Bottom plate cut out '" r ✓ at door rough openings � A Rough .opening(RO) lack stud King stud Single or double rough sill (double rough sill provides solid substrate for Iriminstallation) Cripple studs against lacks are optional Sheathing � p Cripplestuds- ; Botomplate .... �� ............. ........... �........._ a��_ w ..� �� . .....�..� .�_..�.�. _...... Property Owner Noise Insulation Agreement—Exhibit F(2805 Flagler Ave.) Page 30 of 30 2841