02/19/2025 Agreement GJ„„couRr
Kevin Madok CPA
'•ti•••--= Clerk of the Circuit Court& Comptroller— Co
unty,ounty, Florida
Ro.covNfi
DATE. March 17, 2025
TO: Beth Leto, Airports
Business Manager, KWIA
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 19, 2025 BOCC Meeting
The following Easements have been executed and added to the Official Record,and NIP
Agreements have been executed and:added to the record:
I2 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..
All documents are in OneDrive for your retrieval, and hardcopies will be sent back to you
for your file. Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Address: _ 3000 Flagler 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 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(3000 Flagler Ave.) Page 1 of 30
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 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(3000 Flagler Ave.) Page 2 of 30
(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
(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
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
(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 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:
https://codes.iccsafe.org/content/FLRC2023P1/chapter-3-building-
planning#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/FLRC2023P 1/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(3000 Flagler Ave.) Page 6 of 30
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
pre-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 the post-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
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(3000 Flagler Ave.) Page 8 of 30
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(3000 Flagler Ave.) Page 9 of 30
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(3000 Flagler Ave.) Page 10 of 30
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 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(3000 Flagler Ave.) Page 11 of 30
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 A= 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
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(3000 Flagler Ave.) Page 13 of 30
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
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-BRIANCa7MONROECOUNTY-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
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 hy 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
IN WITNESS WHEREOF, the Property Owner and the County have executed this
Agreement as of the date last below written.
PROPERTY OWNER(S)
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Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 17 of 30
MONROE COUNTY BOARD OF COUNTY COMMISSIONS
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Property Owner Noise Insulation Agreement(3000 Flagler Ave.) Page 18 of 30
p Y
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
PROGRAM IMPROVEMENTS
Exhibit B
To
Property Owner Noise Insulation Agreement
Group 1 NIP Treatment Summary for
3000 FLAGIER AVE.—VICTOR
Your horne is eligible for items with check mark 12 below:
Existing Exterior Wall'Construction
Concrete Block
lig Wood''Frame-AT PARTIAL FRONT ADDITION ONLY
Doors&Windows
Acoustical Exterior Windows&Doors(See Floor Plan.and Window I Door
Schedules)
Mechanical&Electrical
El New Ductless Air Conditioning Systems)
0 New Whole House Ducted AC System
El Electrical Panel Replacement
Miscellaneous
0 New Gyp Board Piasters and/or Soffits-(See Pre-Work requirement below)
'D New Air Conditioning Closet-(See Pre-Work requirement below)
DI Remove and infill:Thru Wall AC Units
Property Owner Pre-Work!Requirements
0 NIP Work Scope requires that the Property Owner installs Smoke Alarms to
meet Florida Building Code Section R314,Smoke Alarms.
isExisting 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 Item(s)Required of Unit Owner:
Property Owner Noise Insulation Agreement—Exhibit B (3000 Flagler Ave.) Page 20 of 30
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 / Thrnugh-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 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 Flagler Ave.) Page 21 of 30
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(3000 Flagler Ave.) Page 22 of 30
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%: 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 > 1%: 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(3000 Flagler Ave.) Page 23 of 30
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. T.he 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(3000 Flagler Ave.) Page 24 of 30
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 Property
Owner 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.
IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the
date last below written.
WITNE ES: PROPERTY OWNER#1
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Signature Date
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Exhibit D-Property Owner Noise Insulation Agreement(3000 Flagler Ave) Page 25 of 30
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
of proper exhaust ventilation. The provisions of this Exhibit E shall survive the
termination or expiration of the Property Owner 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.
IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the
date last below written.
WI NE-SES: PROPERTY OWNER#1
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Property Owner Noise Insulation Agreement Exhibit E(3000 Flagler Ave) Page 27 of 30
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, 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(3000 Flagler Ave.) Page 28 of 30
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
Attachment A
. . To
Exhibit F
Property Owner Noise Insulation Agreement
'' ll Framing Terminology
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Property Owner Noise Insulation Agreement—Exhibit F(3000 Flagler Ave.) Page 30 of 30