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HomeMy WebLinkAboutItem I09COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting February 18, 2026 Agenda Item Number: I9 26-0422 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: N/A STAFF CONTACT: Richard Strickland AGENDA ITEM WORDING: Approval of Avigation Easements and Property Owner Noise Insulation Agreements for eight (8) homes that are participating in the Key West International Airport Noise Insulation Program (NIP) Construction Project Group 2. ITEM BACKGROUND: This agenda item is for the approval of Avigation Easements and Property Owner Noise Insulation Agreements for eight (8) homes, as shown in the attached list, for the Key West International Airport Noise Insulation Program (NIP) Construction of Group 2. 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# 37-084 (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 15, 2025, the BOCC granted approval to advertise the bid solicitation. On September 10, 2025, the Board ratified and approved FAA Grant 12-0037-084-2025, award the bid and construction contract for this project to Strong Tower Construction, and approved Jacobs Project Management Co. Task Order 2022-83 for Bidding and Construction Phase for the NIP Group 2 project and Design and NIP Group 3. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: New Avigation Easements and Property Owner Agreements. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Group 2 List AVIGATION EASEMENT for 2707 Flagler Avenue AVIGATION EASEMENT for 2815 Flagler Avenue AVIGATION EASEMENT for 3009 Flagler Avenue AVIGATION EASEMENT for 3041 Flagler Avenue AVIGATION EASEMENT for 2816 Staples Avenue AVIGATION EASEMENT for 2820 Staples Avenue AVIGATION EASEMENT for 2824 Staples Avenue AVIGATION EASEMENT for 2828 Staples Avenue PROPERTY OWNER AGREEMENT for 2707 Flagler Avenue PROPERTY OWNER AGREEMENT for 2815 Flagler Avenue PROPERTY OWNER AGREEMENT for 3009 Flagler Avenue PROPERTY OWNER AGREEMENT for 3041 Flagler Avenue PROPERTY OWNER AGREEMENT for 2816 Staples Avenue PROPERTY OWNER AGREEMENT for 2820 Staples Avenue PROPERTY OWNER AGREEMENT for 2824 Staples Avenue PROPERTY OWNER AGREEMENT for 2828 Staples Avenue FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: In perpetuity Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: n/a Source of Funds: n/a CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: No If yes, amount: Grant: n/a County Match: n/a Insurance Required: No I9. Approval ofAvigation Easements and Property Owner Noise Insulation Agreements for eight (8) homes that are participating in the Key West International Airport Noise Insulation Program (NIP) Construction Project Group 2. EYW Noise Insulation Program Group 2 List AVIGATION EASEMENT for 2707 Flagler Avenue AVIGATION EASEMENT for 2815 Flagler Avenue AVIGATION EASEMENT for 3009 Flagler Avenue AVIGATION EASEMENT for 3041 Flagler Avenue AVIGATION EASEMENT for 2816 Staples Avenue AVIGATION EASEMENT for 2820 Staples Avenue AVIGATION EASEMENT for 2824 Staples Avenue AVIGATION EASEMENT for 2828 Staples Avenue PROPERTY OWNER AGREEMENT for 2707 Flagler Avenue PROPERTY OWNER AGREEMENT for 2815 Flagler Avenue PROPERTY OWNER AGREEMENT for 3009 Flagler Avenue PROPERTY OWNER AGREEMENT for 3041 Flagler Avenue PROPERTY OWNER AGREEMENT for 2816 Staples Avenue PROPERTY OWNER AGREEMENT for 2820 Staples Avenue PROPERTY OWNER AGREEMENT for 2824 Staples Avenue PROPERTY OWNER AGREEMENT for 2828 Staples Avenue 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 CC, 2025, by "PROPERTY OWNER(S)", 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." I i 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 4, Block 4, Coral Reef Estates, according to the plat thereof, as recorded in Plat Book 3, Page 36, of the Public Records of Monroe County, Florida. also identified as street address: 2 7 0 7 F I a g I e r A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. Key West International Airport NIP — Avigation Easement for 2707 Flag ler Ave. Page 1 of 5 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 hind 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 for 2707 Flagler Ave. Page 2 of 5 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 bf 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 competentjurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 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 for 2707 Flagler Ave. Page 3 of 6 This Easemdnt Agreement is e Printed Name ^ Date STATE OF. COUNTY OF d as,of the date first above written. PROPERTY Signature AV) (A �)6 ki a Printed Nan-;e' 10 Date STATE OF COUNTYOF- Subscribed and sworn (or affirmed) before me by I Subscribed and sworn (or affirmed) before me by ~ ' means of c� ohvs�� presence or o online ~ notarization, of affiant). He hey is/ar(6 onally known to ��_- has/have produced �� AWA Notary Public State of Fj*rjd* Erdmie Thompson RIP PROP��E,TY MINE% Signmvre ' Lg,tj re Printed Name Date STATE OF COUNTY OF Subscribed and sworn (or affirmed) before me by means of oK physical pnamen online notarization,ate) by (name ofaffiant), He/She/Theyis/are personally known to meorhas/have produced (type of identification) as identification. DTARYPUBEfC - NOTARY PUBLIC for State of Montana meansaane of �m �� physical pnso*noe or o online of affiant). �e/They [gti�&iktrs��a.11y known to ��J� � (type ofidentification) aaidentification. N �nM� --------- ,,,jfiU STATE OF COUNTY OF oaf Subscribed and sworn (or affirmed) before me by means of / physical presence or o online notarization,(date) by (name ofaffianO,H k mjj�br has/have produced rson-611y known (type ofidentification) aeidentification. NQt3ry Public State of Florida Commission . Key West |mamodono�WAANIP -Ami� `�o^wn!z Unoember1. Page 4of5 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: MAYOR / CHAIRMAN- KEVIN MADOK, CLERK M As Deputy Clerk Signature I= Key West International Airport NIP — AvIgation Easement for 2707 Flagler Ave. Page 5 of 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 I'day of bc�DYY_-r , 2025, by "PROPERTY OWNERS)", 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 4, Block 2, Lime Grove Subdivision No. 2, according to the plat thereof as recorded in Plat Book 2, Page 26, Public Records of Monroe County, Florida. also identified as street address: 2 81 5 F I a g I e r A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. Key West International Airport NIP—Avigation Easement for 2815 Flag ler Ave Page 1 of 4 F. The Property Owner fully understands that the NIP eligibility could change at some future time but is currently based on the 2026 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 for 2815 Flagler Ave Page 2 of 4 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 ofthis 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 for 2815 Flagler Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. STATE OF F LX% Q COUNTY OF ffl6 fJ(?-i'X-1 Subscribed and sworn (or affirmed) before me by means of E�/physical presence or F.-j online notarization, on (date) by k e V i I J L? (name of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification. re Printed Name Date STATE OF COUNTY OF Subscribed and sworn (or affirmed) before me by means of i.-I physical presence or r,'j online notarization, on [C-117=31111:-M (name of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification. NOTARY PUB Notary Public State of Florida NOTARY PUBLIC Kristine Marshall ,0P%m My commission HH 590065 Seal Attest: KEVIN MADOK, CLERK LO-M MAYOR / CHAIRMAN: As Deputy Clerk Signature 1= Key West International Airport NIP — Avigation Easement for 2815 Flagler Ave Page 4 of 4 Prepared By and Return To: Deborah MUrphy Lagos & Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENTI Key West International Airpo Noise Insulation Program \, � xI // THIS EASEMENT AGREEMEN'Tis entered into this q day of C ct�,Y',� 2025, by "PROPERTY OWNER(S)", 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: also identified as street address: 3 0 0 9 F I a g I e r A v e 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 easernents 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. Key West International Airport NIP — Avigation Easement for 3009 Flagler Ave Page 9 of 4 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 for 3009 Flagler Ave Page 2 of 4 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 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 ofthis 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. 6. 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 for 3009 Flagfer Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. 1=16JU43• ature T'a , awr(e Printed Name Date STATE OF COUNTY OF PROPERTY OWNER: Sign—af-ure Printed Name Date STATE OF COUNTY OF Subscribed and sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of "physical presence or l i online means of Q,'/'physical presence or Ei online notarization, on "Z 5, (date) by notarization, on w-)I A G U 7. (date) by �'V-) ilyt el" 'i I' r (name C-c' A -A-- i�'Vv -e (name of affiant). He/She/They is/are personals ona!s known to of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification NOTARY PUEMC'(j "' - NICOLE LYONS Commission 4 HH 395602 My Commission Expires Seal Attest: KEVIN MADOK, CLERK 0 me or has/have produced (type of identification) as identification. '-i NOTARY PUBLIC " U 14101TEMPI �*,' �Z As Deputy Clerk Signature 11919r, a )NS of Fleri Key West International Airport NIP — Avigation Easement for 3009 Flagler Ave Page 4 of 4 Prepared BV and Return To: Deborah Murphy Lagos & Associates 566 Running Deer Trail Waynesville, NC 28786 AVIGATION EASEMENT Key West International Airport Noise Insulation Program 41 THIS EASEMENT AGREEMENT is entered into this 4 day of iUou(") I)-e-r (1, ,`— 2025, by "PROPERTY OWNERS)", 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." 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 7, Block 3, Lime Grove Subdivision No. 1, according to the plat thereof as recorded in Plat Book 2, Page 22, Public Records of Monroe County, Florida. also identified as street address: 3 0 41 F I a g I e r A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. Key West 7n_on Fnte aT _afAirport NIP — Avigation Easement for 3041 Flagler Ave Page 1 of 4 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 for 3041 Flagler Ave Page 2 of 4 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 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. 1 n 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 for 3041 Flagler Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: Signature,/ Date STATE OF L"," I (� CA - COUNTY OF PO Q�td� PROPERTY OWNER: V Printed Name STATE OF AA - COUNTY OF M Subscribed an/ sworn (or affirmed) before me by Subscribed and sworn (or affirmed) before me by means of __ physical presence or LLI online means of i-./Physical presence or F--j online notarization, on I I I -a I I I D�-5 (date) by notarization, on <Z- (date) by Ejcojue<-':� (name _ kjo I e' (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 P1 A- NO' (— me or has/have produced 2t L- Q) i (-- (typntification) as identification IM Uff 71 5 1*1 M .•� � EXPIRES: November 24, 2025 Seal Attest: KEVIN MADOK, CLERK M As Deputy Clerk (type of identification) as identification. Signature Date 14141killig fix 1014 Key West International Airport NIP — Avigation Easement for 3041 Flagler Ave Page 4 of 4 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 thisV ay of N-,66e_v , 2025, by "PROPERTY OWNERS)", 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 13, Square 2, Lime Grove Subdivision No. 2, according to the Plat thereof as recorded in Plat Book 2, Page 26 of the Public Records of Monroe County, Florida. also identified as street address: 2 8 16 S t a p l e s A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Key West International Airport NIP —Avigation Easement for 2816 Staples Ave Page 4 of 4 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 — Avigalion Easement for 2816 Staples Ave Page 2 of 4 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 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 remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties, If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 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 for 2816 Staples Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: Signajure j "4 Printed Name,, 7 Z A Date A STATE OF ly COUNTY OF A Subscribed and sworn (or affirmed) before me by means of iiL physical presence or o online notarization, on I q ID od'5- (date) by --" A - (name of affiant). He/She/They is/are personally known to me or has/have produced J) L (type of identificatij) a ilenti(fi,cation. RIUSKA SURI .07 VININSIONi; 111116711174 NOTARY PUBLIC FXPIRESFebrutwy 27, 202 J7 PROPERTY OWNER: Signature Printed Name Date STATE OF COUNTY OF Subscribed and sworn (or affirmed) before me by means of --i physical presence or o online notarization, on (date) by (name of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification. NOTARY PUBLIC F14TO 7 =-9 Wili•M011.11 1111:1i 1 1,•-&- •I , 9K P rer, T ME RE r; ililg'1111I Seal Attest: KEVIN MADOK, CLERK 10 MAYOR / CHAIRMAN: As Deputy Clerk Signature Date Key West International Airport NIP — Avigation Easement for 2816 Staples Ave Page 4 of 4 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 ay of 2025, by "PROPERTY OWNER(S)", 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 12, Block 2, Lime Grove Subdivision No. 2, according to the Plat thereof recorded in Plat Book 2, Page 26, of'the Public Records of Monroe County, Florida. also identified as street address: 2 8 2 0 S t a p l e s A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Key West International Airport NIP--Avigation Easement for 2820 Staples Ave Page 4 of 4 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 for 2820 Staples Ave Page 2 of 4 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 ofthisAgreement is to be interpreted fororagainst 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 competentjurisdiction, 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 for 2820 Staples Ave Page 3 of 4 Signature Printed Name STATE OF LZ4'� rA r) r-, COUNTY OF Subscribed and sworn (or affirmed) before me by means of jJ/-1Cp"hysica1 presence or i:: online notarization, on (date) by (name of affiant). He/She/They is/are personally known to me or has/have produced F=L 1)4t\AAZ'M� c-AC (type of identification) as identification. B0190-01H Seal Attest: KEVIN MADOK, CLERI M Notary Public State of Flo Kristine Marshall MY commlssian HH 511t7� t:XPIre$ 10/21/2028 As Deputy Clerk PROPERTY OWNER: Signature Printed Name Date STATE OF COUNTY OF Subscribed and sworn (or affirmed) before me by means of o physical presence or D online notarization, on (date) by (name of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification, mm Key West International Airport NIP — Avigation Easement for 2820 Staples Ave Page 4 of 4 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 , 2025, by "PROPERTY OWNER(S)", 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 11, Block 2, Lime Grove Subdivision No. 2, according to the Plat thereof recorded in Plat Book 2, Page 26, of the Public Records of Monroe County, Florida. also identified as street address: 2 8 2 4 S t a p l e s A v e 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 dB and bring the average interior .noise level below DNL 45 dB in accordance with Key west International Airport NIP —Avigation Easement for 2824 Staples Ave Page 1 of 4 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 Intemational Airport NIP — Avigation Easement for 2824 Staples Ave Page 2 of 4 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 ofanyalleged 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 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 for 2824 Staples Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: I PROPERTY OWNER: Signature 6Signature 11 1- 11 Printed Name PriMed Name Date Date STATE OF Floe ( Do COUNTY OF M 0 L rWE Subscribed and sworn (or affirmed) before me by means of V`physical presence or F-.j online notarization, on C)Cf, =7 I 2-OZS (date) by —J I Y\A L. AS W C- LL- — (name of affiant). He/She/They is/are personally known to STATE OF F-Lo i o A COUNTY OF rybp 0-0 E Subscribed and sworn (or affirmed) before me by means of e"physical presence or 7 online notarization, on C _)<j'()&5a '2,075 (date) by Lz- D R—A LA-,,— LQ s 1-(name of affiant). He/She/They is/are personally known to meorhas/h�aye -p iroduced FL. D(LtUM-L(C. meorhas/have pproduced (type of identification) as identification, (type of identification) as identification. Notary Public State 0 lorida MtV;'0-u111c St of Flor NOTARY PUBLIC - 0 ' I OTARY PUBLIC I Expires 10/21t2028 A Kristine Marshall Ak Kristine Marshall 1111 1111 My Commission HH 59006 5 My Commission HH 590C Expires 10121/2028 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Seal Attest: KEVIN MADOK, CLERK 10 As Deputy Clerk MAYOR / CHAIRMAN: Signature Date Key West International Airport NIP — Avigation Easement for 2824 Staples Ave Page 4 of 4 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 2025, by "PROPERTY OWNERS)", 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'10, Block 2, Lime Grove Subdivision No. 2, according to the plat thereof as recorded in Plat Book 2, Page 26, Public Records of Monroe County, Florida, also identified as street address: 2 8 2 8 S t a p l e s A v e 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 dB and bring the average interior noise level below DNL 45 dB in accordance with Federal Aviation Administration policy. Key west International Airport NIP — Avigation Easement for 2828 Staples Ave Page 1 of 4 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 for 2828 Staples Ave Page 2 of 4 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 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. B. 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 for 2828 Staples Ave Page 3 of 4 This Easement Agreement is executed as of the date first above written. kTy VWNER: Signature /�u4o,-/(- Printed Name I o f '7 t o 2-T, Date 1:2 I.TGUA 1.4 Signature Printed Name Date STATE OF I STATE OF COUNTY OF ,((WE" COUNTY OF Subscribed and sworn (or affirmed) before me by means of a/physical presence or o online notarization, on OCi-tZ. -202�S­ (date) by WtK 7-1 (name of affiant). He/She/They is/are personally known to me or h as/have produced 0.h V,L--rs /-1 C (type of identification) as identification, NOTARY PLIBLr Notary Public State of Florida - Kristine Marshall MM 40 11116 My Commission HH 590065 Seal Attest: KEVIN MADOK, CLERK Im As Deputy Clerk Subscribed and sworn (or affirmed) before me by means of D physical presence or D online notarization, on (date) by _ (name of affiant). He/She/They is/are personally known to me or has/have produced (type of identification) as identification. NOTARY PUBLIC ILTAHMOUTE496 "T 1,021TAT.11-0 Signature Date Key West International Airport NIP — Avigation Easement for 2828 Staples Ave Page 4 of 4 Address: 2707 Flagler Ave Name(s): Grace Lutheran Church 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 1 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 Property Owner Norse Insulation Agreement (2707 Flagler Ave) Page 9 of 36 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easemert") 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 asjewelry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement (2707 Hagler Ave) Page 2 of 36 (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. (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. I � (b) 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: Property Owner Noise Insulation Agreement (2707 FlagierAve) Page 3 of 36 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Noise Insulation Agreement (2707 Flagler Ave) Page 4 of 36 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, 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 Property Owner Noise Insulation Agreement (2707 FlaglerAve) Page 5 of 36 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; (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 1 (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 R324, Smoke Alarms. The code section can be found at: htt s://codes.iccsafe.or /content/FLRC2023P11cha ter-3-buildin - lannin #FLRC2023P1 Pt03 Ch03 SecR324. 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 Property Owner Noise Insulation Agreement (2707 Flagier Ave) Page 6 of 3& 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 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 osfi-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 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 Property Owner Noise Insulation Agrooment (2707 FlaglerAve) Page 7 of 36 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. , 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 rind 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 Reguirements. 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 (H) 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 Property Owner Noise Insulation Agreement (2707 FlaglerAve) Page 8 of 36 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 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Buildinb 's Market Value in Connection with the 50% Rul!e. 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 Property Owner Norse Insulation Agreement (2707 FtagterAve) Page 9 of 36 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% Thresholdvs Cumulative Value of Improvements. The Program Manager will recalculate the 50% threshold based upon the value of the 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Norse Insulation Agreement (2707 Hagler Ave) Page 10 of 36 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. _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. 36. 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. 37. 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. 38. 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 Property Owner Noise Insulation Agreement (2707 Flagler Ave) Page 71 of 36 Commissioners of Monroe County, did, on the 171h 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. 39. Attachments. Attachments to this Agreement include the following, which are incorporated info 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 40, General Conditions. a. Governinq 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. G. 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. Property Owner Noise Insulation Agreement (2707 Hagler Ave) Page 12 of 36 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. I � 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 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 VI 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 Property Owner Noise Insulation Agreement (2707 ✓=lagler Ave) Page 12 of 36 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 activitie, 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 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 112.323, 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. Property Owner Noise Insulation Agreement (2707 Hagler Ave) Page 14 of 36 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. 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 Property Owner Noise Insulation Agreement (2707 Flagler Ave) Page 15 of 36 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 1 o. Non -Waiver of lmmunity. 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. 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, 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. Property Owner Noise Insulation Agreement (2707 Hagler Ave) Page 16 of 36 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 Norse Insulation Agreement (2707 Flagler Ave) Page 17 of 36 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: Signature Printed Name WITNESSES: Signature Printed Name Signature If C7 Printed Name NE-10ky, Printed Name Date PROPERTY OWNER #2 Signature Printed Name M Property Owner Noise Insulation Agreement (2707 FlaglerAve) Page 18 of 36 WITNESSES: ignature Printed Name Signat Printed'N'6me WITNESSES: Signat46 Printed Name Signat I Ila ze- Printed Name [a Signat qe— Arm, 'fir, ,cddv)u PrinteName Date I 0 Date / Property Owner, Noise insulation Agreement (2707 Flagler Ave) Page 99 of 36 (Seal) Attest: KEVIN MADOK, CLERK as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 212126 Signature Property Owner Noise Insulation Agreement (2707 Flaglor Ave) Page 20 of 36 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 4, Block 4, Coral Reef Estates, according to the plat thereof, as recorded in Plat Book 3, Page 36, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement Exhibit A (2707 Hagler Ave) Page 21 of 36 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary fear; 2707 FLAGLER AVE, GRACE LUTHERAN Your hone is eligible for iterns with check rnark S below: Existing Exterior Wall Construction 0 Concrete Black IJ Wood Frarne Doors & Windows 12 Acoustical Exterior Windows & Doors (See Flexor Plan and Window / Door Schedules) Mechanical & Electrical Ll New DUCtless Air Conditioning Systern(s) UJ New Whole House Ducted AC System ] Electrical Pagel Replacement Miscellaneous 0 New Gyp Beard Pilasters and/ear Soffits - See Pre -Work requirement below) 0 New Air Conditioning Closet- {see lire -fork requirement laelowl 0 Remove and Infill Thr-u Wall AC units Property Owner Pre -Work Requirements C.l NIP Work Scope~ requires that the Property Owner nsta lls Smoke Alarms to meet Florida Building Code Section R314, Smoke Alarms. 0 Existing SwirnmIng Pool or Siva (Property Owner is required to Install exit alarms or Pool Alarms to meet Florida Building Code Section R4501.17, Residential Swimming Barrier Requirement) 0 Additional Pre -Work Item(s) Required of Unit Owner. r Remcue exterior painted window coverings at windows 5,6,7 & 8. Remove interior shelves at windows 5 & 6,. Property Owner Noise Insulation Agreement Exhibit B (2707 Flagler Ave) Page 22 of 36 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 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 (2707 Flagler Ave) Page 23 of 36 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 R324. 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: I. 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 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: Property Owner Noise Insulation Agreement Exhibit C (2707 Flagler Ave) Page 24 of 36 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 (2707 Flagler Ave) Page 25 of 36 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 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 .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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner understands thatthe 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit O -Property Owner Noise Insulation Agreement (2707 Flagier Ave) Page 26 of 36 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of tt-fls Exhibit D apply to property darnage, injuries, deaths, or damages arising frorn the Deficiencies and/or all negative impacts that later result after the addition of the Program Iniproven'ients. The provisions Of this Exhibit D shall survive the termination or expiration of the Property Owner Noise 111SUlation Agreernent, 8. The Undersigned hereby agree that the terms arid provisions of this Exhibit D shall be binding Upon and irlUre to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigris, IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement,s of the date last below written, WITNESSES: Signature Le- e ­T-1v Printed Name SignatUl �Slet(/,/n M Printed Name WITNESSES: Signature -SVI t.JL Printed Name Signature )7 -7 Date PROPERTY OWNER #2 Signature Lck L) a VN Printed Name tollskles Date Exhibit D - Property Owner Noise Insulation Agreement (2707 Flagler Ave) Page 27 of 36 MT,9_4��. Signature L Y, 71 a n c)l n Printed Name' Sign t6 Printed Name WITNESSES: M=_ Printed Name Signatuo 0 PROPERTY OWNER #3 k )LA LA gn'at'#e Ah"It) PrintedIName I Dat6 I'D) � Date ' Exhibit D -Property Owner Noise Insulation Agreement (2707Flagler Ave) Page 28 of 36 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 Property Owner 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 l= (2707 Flagler Ave) Page 29 of 36 of proper exhaust ventilation, The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner M.)ise Insulation Agreement. 5. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding t,ipon 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. WITNESSES: Signature TTA C'M Printed Name Signatu r�" Printed'me WITNESSES: Signature �A Printed Name I Sig nait—ure *--7t 0 �j Printed Name I 0 Lz o' Date :j Zug U: 13 V&SITITIZ 141 Signature Printed Name Date Property owner Noise Insulation Agreement Exhibit E (2707 Ffagfer Ave) Page 30 of 36 VITJ k I ki I :M1 9MMM- L rm r)iI Th ooq o s YJ Printed Name Signatu Printed Name WITNESSES: Signature 1;-hunt-e Printed Name Signa (-a c 1:1001=13 Si nature ATRU 01q(,JdS6v1 Printed Name I Datd Date Property Owner Noise Insulation Agreement Exhibit E (2707 Flagler Ave) Page 31 of 36 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 November 30, 2025. If the Property Owner fails to provide the report by the stated deadline, their house will be excluded from construction in Group 2. 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 organisms in wood framing beyond the rough (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as Property Owner Norse Insulation Agreement Exhibit F (2707 Flagler Ave) Page 32 of 36 illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements, 6. 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. 7. The Property Owner understands that it is unlikelV 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. 8. 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. 9. 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. 10. 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. 11.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. 12. 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 (2707 FlaglerAve) Page 33 of 36 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: Signature Printed Name Signaturqj Printed Name WITNESSES: Signature Printed Name Signature Of 0 Date Signature Printed Name IM Property Owner Noise Insulation Agreement Exhibit F (2707 Flagler Ave) Page 34 of 36 WITNESSES: Signature Printed Name Signatu F), Printed Name— ...... WITNESSES: Signature Signature =01:143 Sionato Printed Name tu -z'5 Date I 1Uz101U:IZA Datd Property Owner Noise Insulation Agreement Exhibit F (2707 Flagler Ave) Page 35 of 36 Attachment A To Exhibit F Property Owner Noise Insulation Agreement ''all Framing Terminology 'y Sireal€t� Cdpplasruds 1Ap�at `4 ~°King stud 1 lackstud I I I II Header NO[ � �// ( lackstud lassomWcanto codguredvar{ous i waysdapondingon �.�� Bough sr€unmralmllhermal repuilemanisl DOWN (no) ( Bollomplalecutout I OF door rough openings Rough openln(Ro) -' kkstud King stud Sir&ardoublotough sill ,, I r •ter ldoubin rough sill provides �. . sulfdsuhstrale10T 19MI11sl;ilEalitt ) cripple studs against jacks s are nplicaal Sheathing CriO slud . (h)IIUm plait'. Property Owner Noise Insulation Agreement Exhibit F (2707 Flagler Ave) Page 36 of 36 Address: 2815 Flagler Ave Name(s): Pickett 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 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 Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 1 of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Property Owner Noise insulation Agreement (2815 Flagier Ave) Page 2 of 32 (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. (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. & 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: Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Noise Insulation Agreement (2815 FlaglerAve) Page 4 of 32 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, 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 Property Owner Noise Insulation Agreement (2815 FlaglerAve) Page 5 of 32 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; (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 R324, Smoke Alarms. The code section can be found at: https://codes.iccsafe.org/content/FLRC2023P 1 /chapter-3-building- tannin #FLRC2023P'I Pt03 Ch03 SecR324. 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 Property owner Noise Insulation Agreement (2815 F1aglerAve) Page 6 of 32 code section can be found at: htt_ps://codes.icesafe.org/content/FLRC2023P1/chapter-45- private-swimming-pools. Where a wall of a dwelling serves as park 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 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 andlor 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 andlor 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 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 Property Owner Noise Insulation Agreement (2615 Flagler Ave) Page 7 of 32 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. 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 bythe 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 Property Owner Noise Insulation Agreement (2815 Hagler Ave) Page 8 of 32 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 (NFI.P) 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 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 Property Owner Noise Insulation Agreement (2815 FlaglerAve) Page 9 of 32 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 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Noise Insulation Agreement (2815 FlaglerAve) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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 Property Owner Norse Insulation Agreement (2815 FlaglerAve) Page 19 of 32 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. 39. 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 40. 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. Property Owner Noise Insulation Agreement (2815 FlaglerAve) Page 12 of 32 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 Beguest_s. 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 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 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 Property Owner Noise Insulation Agreement (2815 Hagler Ave) Page 13 of 32 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 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 112.323, 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. Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 14 of 32 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. 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 Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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. Lech 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. Property Owner Noise Insulation Agreement (2815 Hagler Ave) Page 16 of 32 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 (2815 FlaglerAve) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: PROPERTY OWNER #1 -§i�gnatui`eT Printed Name 4S-ij-6ature Pririled Name WITNESSES: Signature Signature U&MI111111 Da* PROPERTY OWNER #2 Printed Name Date Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK AN as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Signature Property Owner Noise Insulation Agreement (2815 Hagler Ave) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 4, Block 2, Lime Grove Subdivision No. 2, according to the plat thereof as recorded in Plat Book 2, Page 26, Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement Exhibit A (2815 Flagler Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summaryfor: 2815 FLAGLEFt AVE. — PIC ETT Existine Exterior Wall -Construction El Concrete Block Swood 'Frame Doors & Windows Acoustical Exterior Windows & Doors (See Floor !Plan and Window / Door Schedules) Mechanical & Electrical O Nest Ductless Air Conditioning system(s) 0 New 'Wh€ale House Ducted AC system Electrical Panel Replacement Miscellaneous El New Gyp Board Pilasters andjor Soffits - (See Pre -Work requirement below) ❑ New Air Conditioning Closet- (See Pre -Work recluirelment below) p Remove and Infill Thru wall AC units Property Owner Pre -work Requirements NJ Week 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) 171 Additional Pre -Work Item(s) Required of Unit Owner: Property Owner Noise Insulation Agreement Exhibit B (2815 Flagler Ave) Page 21 of 32 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 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 (2815 Flagier Ave) Page 22 of 32 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 R324. 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. o 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 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: Property Owner Noise Insulation Agreement Exhibit C (2815 Hagler Ave) Page 23 of 32 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 < 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 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 (2815 Flagler Ave) Page 24 of 32 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 Property Owner 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit a -Property Owner Norse Insulation Agreement (2615 Flagler Ave) Page 25 of 32 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph I 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. S. 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, rAyTAESSES: nature Printed Name mature Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROP WNERVI BE =*- A 'Printed Name to 1=101U43 Signature M. Exhibit D - Property Owner Noise Insulation Agreement (2815 Flagler Ave) Page 26 of 32 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement I. 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 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 (2815 FlaglerAve) Page 27 of 32 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, personai representatives, successors and assigns. IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: 8ignature -7 Printed Name nature Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER #1 8ifnaftfure "Printed Name .7 Date/ Signature Printed Name Date Property Owner Noise Insulation Agreement Exhibit E (2815 Flagler Ave) Page 28 of 32 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 November 30, 2025. If the Property Owner fails to provide the report by the stated deadline, their house will be excluded from construction in Group 2. 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 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 Property Owner Noise Insulation Agreement Exhibit F (2895 FlaglerAve) Page 29 of 32 illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 6, 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. 7. The Property Owner understands that it is unli,kel„y, 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. 8. 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. 9. 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. 10. 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. 11.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. 12. 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 (2815 Flagler Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: Signature taub!4 Printed Name -signature' Priht6d Name WITNESSES: Signature I' MT M-1 ku F I "M Signature Printed Name PROPERTY OWNER #1 Z11 -Zk- xl�/' -,"Silh4fure I =a- MiMroarz, PROPERTY OWNER #2 Signature M Property Owner Noise Insulation Agreement Exhibit F (2815 Flagler Ave) Page 31 of 32 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Cripple studs Property Owner Norse Insulation Agreement Exhibit F (2815 Hagler Ave) Page 32 of 32 Address: 3009 Flagler Ave Name(s): Shores I ljurray__ 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"), W IT N E S S E T H: 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 "Prograrn") 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 Properly Owner Noise Insulation Agreement (3009 Flagler Ave) Page I of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Property Owner Noise Insulation Agreement (3009 Hagler Ave) Page 2 of 32 (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. (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. (b) 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 falls 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. i. I_ mped, ing 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. & 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: Property Owner NoW Insulation Agreement (3009 Hagler Ave) Page 3 or 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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 coridition(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 rebid 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. Property Owner Noise Insulation Agreement (3009 Hagler Ave) Page 4 of 32 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, 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 conform ancelperformance 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 Properly Owner Nolse Insulation Agreement (3009 Flogler Ave) Page 5 of 32 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; (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- Exi!�tinq D&figjELnc,1gs, The Property Owner will be required to sign Exhibit Q (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 Reguirerrients. 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 ally 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 arid/or vertical chases as a part of the air conditioning (AC) modifications, smoke alarms shall be provided complying with Section R324, Smoke Alarms, The code section can be found at: https://codes.iccsafe.org/content/FLRC2023Pl/chapter-3-building plannin-q#FLRC2023Pl Pt03 Ch03 SecR324. 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 Property Owner Noise losuiation Agreement (3009 Flagler Ave) Page 6 of 32 code section can be found at: https://codes.iccsafe.or_q/content/FLRC2023PI/chapter-45- private-swimmin.q-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 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, 117. Suspension 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 resurne until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are riot cornpleted 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 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 Property Owner Noise Insulation AgreeMOrlt (3009 Flaglor Ave) Page 7 of 32 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. 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 (H) 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 Property Owner Noise insulation Agreement (3009 Hagler Ave) Page 8 of 32 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 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 Property Owner Noise Insulation Agreement (3009 FlaglerAve) Page 9 of 32 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). Recalculation of 50% Threshold vs Cumulative Value of Improvements. The Program Manager will recalculate the 50% threshold based upon the value of the 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 their 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 Mold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 30. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Noise Insulation Agreement (3009 Flagler Ave) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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 Property Owner Noise Insulation Agreement (3009 Hagler Ave) Page Y 7 of 32 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. 39. 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 40. General Conditions. a. Governing Law Vgnue. Interpretation.,WCosis,-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. Property Owner Noise Insulation Agroemont (3009 Flagier Ave) Page 12 of 32 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. Accep_tance 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 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 VI I 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 Property Owner Noise Insulation Agreement (3009 Flagler Ave) Page 13 of 32 of disability; 10) Monroe County Code Chapter 14, Article 11, 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 statuteswhichmay apply to the parties to, -or -the -subject matter of, this Agreement. L 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 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. 1. 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 112.323, 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/Pavment. 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. Property Owner Noise Insulation Agreement (3009 Hagler Ave) Page 14 of 32 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-ofall-documents,_r_ecor_ds,__ 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. 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 Property Owner Noise Insulation Agreement (3009 Flagier Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FI- 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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, 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. Property Owner Norse Insulation Agreement (3009 Flagler Ave) Page 16 of 32 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 losulation Agreement (3009 Hagler Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES - I I KJ 7r Signature �LCJC Lkj�)e�'s Printed Name 1:1 :to] U A 3 "OTITIN 4 M3 nature .S� S 4 C/.*. e 5; Printed Name A OILS ignature Date Printed Name WITNESSES: Signature "' Printed Name Signature Printed Name :1 :to] Signature Printed Name C26 42J Date Property Owner Noise Insulation Agreement (3009 Flagler Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS Attest: KEVIN MADOK, CLERK 0 as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Signature Property Owner Noise Insulation Agreement (3009 Flaglar Ave) Page 19 of 32 Exhibit A CIO Property Owner Noise Insulation Agreement Lot 3, Block 3, Lime Grove Subdivision, according to the plat thereof as recorded in Plat Book 2, Page 22, Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement Exhibit A (3009 Flagler Ave) Pago 20 of 32 PROGRAM IMPROVEMENTS W, MIM Group 1 NIP Treatment Summary for: 300;9 FLAGLER AVE. — SHORES Existine Exterior Wall Construction L Concrete Block Acoustical Exterior Windows & Doors (See Floor Plan and Window" Door Schedules) Mechanical & Electrical 0 New Ductless Air Conditioning Systern(s) 0 New Whole House Ducted AC System 0 Electrical Panel Replacement 0 New Gyp Board Pilasters and/or Soffits - (See Pre -Work requirement below) F1 New Air Conditioning Closet- (See Pre -Work requirement below) 0 Remove and Infill Thru Wall AC, Units LJ NIP Work Scope requires that the Property Owner installs Smoke Alarms to rneet 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) L Additional Pre -Work Itern(s) Required of Unit Owner-. Property Omer Noise Insulation Agreement Exhibit B (3009 Raglor Ave) Page 24 of 32 Ex fim Property Owner Eloise 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 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 (3009 Hagler Ave) Page 22 of 32 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 R324. 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. a 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 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: Property Owner Norse Insulation Agreement Exhibit C (3009 Flagler Ave) Page 23 of 32 1, window removal and acoustic window installation, 2, door removal and acoustic door installation 3, removal-ofportable"through-wall"A- C-units-and-the-infill ing-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 %: 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 HFPA 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. F. 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 the 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 Norse Insulation Agreement Exhibit C (3009 Hagler Ave) Palle 24 of 32 DEFICIENCY HOLD HARMLESS AGREEMENT W 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 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit D - Property Owner Noise Insulation Agreement (3009 r lagler Ave) Page 25 of 32 T 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 darnage, 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, WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature A� Printed Name Signature 4(-PAAhLA� Printed Name 1:161,101 �ignaffi�ure S-C C, '5- - Printed Name Date PROPERTY OWNER #2 `�7§ign'ature Printed Name /0 - 1`1?1-6)�' 4"kf"' Date Exhibit D - Property Owner Noise Insulation Agreement (3009 Flagler Ave) Page 26 of 32 VENTILATION MOLD HARMLESS AGREEMENT Exhibit E 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 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels, The Property Owner 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 Property Owner 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 (3009 Flagler Ave) Page 27 of 32 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. WITNESSES: Signature 'M% ('4� �'k I ��'rt's Printed Name Signature Printed Name WITNESSES: V Sign'ature Printed Name Signature Printed Name It] MOATITET, 1-4M.1 �T—1 g n �at u r-e Ar 10 fy 5�' .0 r C5 Printed Name 9 2 Date Vzt*U�ek I LAM Signature Printed Name I, "q — f Date Property Owner Noise Insulation Agreement Exhibit E (3009 Flagler Ave) Page 26 of 32 WOOD -FRAMED HOUSE AGREEMENT Exhibit F - Property Owner Noise Insulation -Agreement I . 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 November 30 2.025. If the Property Owner fails to provide the report by the stated deadline, their house will be excluded from construction in Group 2. 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, Meader, 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 organisms in wood framing bond the rough opening (which would include the King Stud, Cripple Studs, Top Plate, Bottom Plate, and other adjacent wall framing, as Property Owner Noise Insulation Agreement Exhibit F (3009 Flagler Ave) Page 29 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written, WITNESSES: Signature Printed Name Signature knted Name WITNESSES: q- Signature Printed Name Sig naturd Printed Name PROPERTY OWNER #1 Signk—ure 0, >�- Printed Name Date PROPERTY OWNER #2 ignature ! I Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (3009 Flagler Ave) Page 31 of 32 ho"A" Slugs Ile W WWI,, KmgY ud Olg"mid ' as, carlbe wnhgwed Yams P mu (Jkges, . .. . ....... m [11all, tit ------- Property Owner Noise insulation Agreement Exhibit F (3009 Flag/er Ave) Page 32 of 32 Address: 3041 Flagler Ave Name(s): Meives 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 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 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 1 of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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 asjeweiry, coins, guns, antiques, heirlooms, etc.) shall be removed and stored in rooms where the Program construction will not be occurring. Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 2 of 32 (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. (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: Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Norse Insulation Agreement (3041 Flagler Ave) Page 4 of 32 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, 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 conform ancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformancelperformancelissues. 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 Property Owner Noise Insulation Agreement (3041 Flagler Ave) Page 5 of 32 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; (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 Buildinq 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 R324, Smoke Alarms. The code section can be found at: hops://codes. iccsafe.org/content/FLRC2023P 1 /chapter-3-buildincy plan ning#FLRC2023P1 Pt03 Ch03 SecR324. 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 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 6 of 32 code section can be found at: htt s://codes,iccsafe.or /content/FLRC2023Pl/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 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 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 Property Owner Noise Insulation Agreement. (3041 Hagler Ave) Page 7 of 32 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. 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 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 8 of 32 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 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 Property Owner !Norse Insulation Agreement (3041 Flagler Ave) Page 9 of 32 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 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 their 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. Wood -framed Houses, The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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 Property Owner Noise Insulation Agreement (3041 Flagler Ave) Page 11 of 32 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. 39. 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 40. General Conditions. a. Governina 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. Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 12 of 32 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 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 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 13 of 32 of disability; 1 g) Monroe County Code Chapter 14, Article 11, 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 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 112.323, 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. Property Owner Noise Insulation Agreement (3041 Hagler Ave) Page 14 of 32 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. 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 Property Owner Norse Insulation Agreement (3041 ✓ lagler Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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, 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. Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 16 of 32 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 (3041 Flagler Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: Sigfiafure Dw"' (� ct ' r Printed X n re Printed Name WITN SES: �K ig ature A�ax-e-i-- d rimed Name 2 (A 0-j� Signature Printed Name PROPERTY OWNER #1 'Sfg' -e Printed Name , Date PROPERTY OWNER #2 ,,Lzf,�OZ4-- 06-nature Printed Name Date Property Owner Noise Insulation Agreement (3041 Flagler Ave) . Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK MAYOR / CHAIRMAN: By: as Deputy Clerk Signature Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Property Owner Noise Insulation Agreement (3041 FlaglerAve) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY 1111lo w1 To Property Owner Noise Insulation Agreement Lot 7, Block 3, as recorded in Florida. Lime Grove Subdivision No. 1, according to the plat thereof Plat Book 2, Page 22, Public Records of Monroe County, Property Owner Noise Insulation Agreement Exhibit A (3041 Flagler Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment Summary for: 3041 ELAGLER AVE - .MEIVES Existing Exterior Wall Construction 0 Concrete Block. 0 Wood Frame Doors & Windows Acoustical Exteriior Windows & moors (See Floor Plan and Window I Door Schedules) Mechanical & Electrical © New Ductless Air Conditioning System(s) —APARTMENT ONLY 0 New Whole (House [ducted AC System 0 Electrical Panel Replacement Miscellaneous © New Gyp Board Pilasters and/orSpffits- (See Pre -Work requirement below) I:1 New Air Conditioning Closet- (See Pre -Work requirement below) 0 Remove and tnfill Thru Wall AG Units PropertyOwner Pre -Work Requirements © NIP Work scope requires that the Property Owner installs Smoke Alarms to meet Florida Building Code Section R314r 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: Severe Deficiency Found — See Pre -Existing Deficiency Report: for additional information. Property Owner Noise Insulation Agreement Exhibit 8 (3041 Flagler Ave) Page 21 of 32 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 units) 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 Existinq (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 (3041 r=laglerAve) Page 22 of32 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 R324. 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 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: Property Owner Norse Insulation Agreement Exhibit C (3044 Hagler Ave) Page 23 of 32 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 Reguiirements. 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 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 the 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 (3041 FlaglerAve) Page 24 of 32 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 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 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit D - Property Owner Noise Insulation Agreement (3041 Hagler Ave) Page 25 of 32 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 9 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. WITNESSES - Signature V&Iilo �+ C��A- ESSES: signature Printed Nam. Signature Printed Nake PROPER WNE #1 Signat v 114 c L:e-(Z�Kv Printed Name ///J '/ Date PROPERTY OWNER #2 L ((I'" — nature ,MAIL M Fl t1 Printed Name /l Date Exhibit D - Property Owner Noise Insulation Agreement (3041 Flagler Ave) Page 26 of 32 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 Property Owner 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 (3041 Flagler Ave) Page 27 of 32 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. WITNESSES: f)044C Sf nature Printed Name WIT ESSES: ignature rinted Name Signature P(/V(E �� '/ Printed N me PROPERTY OWNER #1 vrintea Name Date PROPERTY OWNER #2 15�e_ 4/ — nature __ J'1,K1C ,jfi/ etyey � Printed Name Date Property Owner Noise Insulation Agreement Exhibit E (3041 Flagler Ave) Page 28 of 32 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 November „30, 2025. If the Property Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 2. 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 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 Properly Owner Noise Insulation Agreement Exhibit F (3041 Flagler Ave) Page 29 of 32 illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. The Property Owner hereby agree that the terms and provisions of this Exhibit Fshall 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 (3041 Flagler Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: ignature Printe`Warne Signature r Printed Name WITNESSES: Signature ev Printed Name Printed Name PROPERTY OWNER #9 Si natu e "a ,AC Printed Nam Date PROPERTY OWNER #2 nature &1 41 Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (3041 Flagler Ave) Page 31 of 32 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Wall Framing Terminology Crlppla studs Sheathing Double Double Crlppla studs lap plate r King stud Kin#stud Y'�`~-�—lackstud lieadaf Header (assembly Can ba L ' Jack stud eonRguredvarious waysdepending on stmiural and thermal Rough requirements) cpanmg(R0) Boltomplateculoul atdnermughopenings Rough oponlna (RB) Jack stud Kmgslud Single nrdouble laugh811 (double tough slll p royldes solld substrate tar " +' Irlminstallattcpl Cdpplestuds agalttlsllack$ are oplicnal SheaN% X � u= Cripple stud `— Bottom plate Property Owner Noise Insulation Agreement Exhibit F (3041 FlaglerAve) Page 32 of 32 Address: 2816 Staples Ave Name(s): Anderson 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"). WIT NESSETH: 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 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 1 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 Property Owner Noise Insulation Agreement (2616 Staples Ave) Page 1 of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 2 of 32 (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. (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: Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Norse Insulation Agreement (2816 Staples Ave) Page 4 of 32 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, 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 5 of 32 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; (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-Existinq 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 R324, Smoke Alarms. The code section can be found at: htt s://codes.iccsafe.or /content/FLRC2023P1/cha ter-3-buildin - planning#FLRC2023P1 Pt03 Ch03�SecR324. 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 providedwith a barrier complying with Section R4501.17.1, Residential Swimming Barrier Requirement. The Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 6 of 32 code section can be found at: https://codes.iccsafe.org/content/FLRC2023P1/chapter-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 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 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 7 of 32 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. 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 Gable 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 8 of 32 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 special flood hazard equals or exceeds 50 percent of the building's market value (excluding the land value). a. Determination of a Buildin '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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 9 of 32 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 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. 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. 36. 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. 37. 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. 38. 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 11 of 32 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. 39. 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 40. 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. Bindinq 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. Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 12 of 32 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 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 VIl 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 Property Owner Noise Insulation Agreement (2016 Staples Ave) Page 13 of 32 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 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 112.323, 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. Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 14 of 32 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. 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 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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 suchofficers, 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 12y 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. Property Owner Norse Insulation Agreement (2816 Staples Ave) Page 16 of 32 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 (2816 Staples Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Aareement as of the date last below written. WITNESSES: 1-t Signature Printed Name PROPERTY OWNER #1 `Signature Printed Name SignatL',k,,----" Date Printed Name WITNESSES: PROPERTY OWNER #2 Signature Signature Printed Name M 1WET0111110 Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK 0 as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Signature Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 13, Square 2, Lime Grove Subdivision No. 2, according to the Plat thereof as recorded in Plat Book 2, Page 26 of the Public Records of Monroe County, Florida. Property owner Noise Insulation Agreement Exhibit (2816 Staples Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP Treatment umrna�ry for: 816 STAPLES AVE. — ANQER ON. Existing Exterior' all Construction 0 Concrete Block 0 Wood Frame Doors & Windows Acoustical Exterior windows & Doers (See Floor Plan and Window / Door Schedules) Mechanical &'Electrical 0 New lDuctless Air Conditioning System(s) — FRONT DEN ROOM [].New Whole House Ducted AC System 0 Electrical ipanel Replacement Miscellaneous El New Gyp Board Pilasters and/or Soffits - (See Pre -Work. requirement below) D New Air Conditioning Closet- (See Pre -Work requirement. below) M. Remove and Infill Thru wall AC units Property Owner Pre-'hd brk Requirements 0 NIP Work Scope requires that the Property Owner installs Smoke Alarms to .me.et Florida BuildingCode Section R314, Smoke Alarms. 0 Existing Swimrming Pool (Property Owner is required to instaill exit alarms or Pool Alarms to meet Florida Building Cade Section'it45D1.17, Residential Swimming Barrier Requirerttaent 0 Additional Pre -Work Items) Required of unit Owner: Property Owner Noise Insulation Agreement Exhibit B (2816 Staples Ave) Page 21 of 32 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 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 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 (2816 Staples Ave) Page 22 of 32 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 R324. 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 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: Property Owner Noise Insulation Agreement Exhibit C (2816 staples Ave) Page 23 of 32 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 I 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 wails 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 (2816 Staples Ave) Page 24 of 32 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 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 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 L 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit b - Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 25 of 32 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. T SSE PROPERTY OWNER #1 Signature "'Signature Printed Name Sig re,., �o Printed Name WITNESSES: Signature Printed Name Signature Printed Name Printed Name / 0 / Date [=[01:24:4 Signature Printed Name IM Exhibit D - Property Owner Noise Insulation Agreement (2816 Staples Ave) Page 26 of 32 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 Property Owner 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 (2816 Staples Ave) Page 27 of 32 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. WITKSSE Signature Printed Name Sign Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER #1 Signature Printed Name Date l;M*j;1lq3 Signature Printed Name Date Property Owner Noise Insulation Agreement Exhibit E (2816 Staples Ave) Page 28 of 32 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 November.30, 2025. If the Property Owner fails to provide the report by the stated deadline their house will be excluded from construction in Group 2. 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 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 Property Owner Norse Insulation Agreement Exhibit P (2816 Staples Ave) Page 29 of 32 illustrated in Attachment A) .may not be an eligible cost and therefore may not be included in the Program Improvements. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 (2616 Staples Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: W :N Signature glignature OL&r Laq�s Printed Name WITNESSES: M= Printed Name Signature Printed Name Printed Name Date PROPERTY OWNER #2 Signature Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (2816 Staples Ave) Page 31 of 32 Attachment A we Exhibit F Property Owner Noise Insulation Agreement Property Owner Noise Insulation Agreement Exhibit F (2816 Staples Ave) Page 32 of 32 Address: 2820 Staples Ave Name(s): Swann 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 1 of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Impedin_g 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. Property Owner Noise Insulation Agreement (2820 staples Ave) Page 2 of 32 (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. (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. Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 4 of 32 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, 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 conform ancelperformance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conform ancelperformance/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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 5 of 32 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; (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 R324, Smoke Alarms. The code section can be found at: https://codes.iccsafe.org/content/FLRC2023P1 /chapter-3-building- lannin #FLRC2023P1 Pt03 Ch03 SecR324. 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 6 of 32 code section can be found at: https://codes.iocsafe.org/content/FLRC2023Pl/chapter-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 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 7 of 32 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. 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 timelyfashion 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 8 of 32 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 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 9 of 32 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 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Norse Insulation Agreement (2820 Staples Ave) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. Sale of Propel. 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. 36. 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. 37. 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 if is the Property Owner's responsibility to ensure such payment is made in order to "clear" the title to the Property. 38. 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 Property Owner Norse Insulation Agreement (2820 Staples Ave) Page 9 i of 32 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. 39. 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 40. 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. Property Owner Norse Insulation Agreement (2820 Staples Ave) Page 12 of 32 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 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 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 Property owner Noise Insulation Agreement (2820 Staples Ave) Page 13 of 32 of disability; 14) 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 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 112.323, 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. Property Owner Noise Insulation Agreement (2620 Staples Ave) Page 14 of 32 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. 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 Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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 far waiver. 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. Property Owner Norse Insulation Agreement (2820 Staples Ave) Page 16 of 32 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 (2820 Staples Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: I 9-ignature -96A- Printed Name atu Printed Name WITNESSES: Signature MEMO; "n - PROPERTY OWNER #1 Signature Printed Name Date 1i :to] OAM9��. � Signature FM 111 V-3*7 ilk F a"" MR Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK M as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: ' _ 2/2/26 Signature Property owner Noise Insulation Agreement (2820 Staples Ave) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 12, Block 2, Lime Grove Subdivision No, 2, according to the Plat thereof recorded in Plat Book 2, Page 26, of the Public Records of Monroe County, Florida. Property Owner Noise Insulation Agreement Exhibit A (2820 Staples Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B 1.It7 Property Owner Noise Insulation Agreement Group I NIP Treatment Summary for: 2820 STAPLES AVE. — SWAN Existing Exterior Wal-1-Construction L7 Concrete Block Wood Frame Doors & windows Acoustical Exterior Windows & Doors (See Floor Plan and Window / Door Schedules) Mechanical & Electrical 0 New Ductless Air Conditioning System(s) 11 New Whole House Ducted AC System 0 Electrical Panel Replacement Miscellaneous El New Gyp Board Pilasters and/or Soffits - (See Pre -Work requirement below) 0 New Air Conditioning Closet- (Secs Pre -Work requirement below) D Remove and Invfill Thru wall AC Units Property Owner Pre -Work Requirements 0 NJ Work Scope requires that the Property Owner installs Smoke.Alarrms to meet Florida Building Code Section R314, Smoke Alarms. NExisting Swimming Pool (Property. Owner is required to install exit alarms or Pool Alarms to meet Florida Building Code Section R4503..17, Residential S%Wjmming Barrier R+eguirrement) Q Additional Pre -Work Item(s) Required of unit Owner: Property Owner Noise Insulation Agreement Exhibit S (2820 Staples Ave) Page 21 of 32 PROGRAM POLICY STATEMENTS 0.111 -IME« 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 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, I ines (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 (2820 Staples Ave) Page 22 of 32 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 R324. 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 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: Property Owner Noise Insulation Agreement Exhibit C (2820 Staples Ave) Page 23 of 32 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 AGM > 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 (2820 Staples Ave) Page 24 of 32 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 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 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit D - Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 25 of 32 7. The undersigned acknowledge and agree that all of the release and hold harmless and indernnity 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. WITNESSES: Signature Printed Name ignature Printed Name WITNESSES: Signature Signature Printed Name Signature Printed Name Date PROPERTY OWNER #2 Signature IMI IMIT SION M Exhibit D - Property Owner Noise Insulation Agreement (2820 Staples Ave) Page 26 of 32 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 Property Owner 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 I 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 (2820 Staples Ave) Page 27 of 32 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. WITNESSES: --- r,\ -1--- � d4u"n'Ab-4 Sighature I - Printed Name 1gnature Printed Name WITNESSES: Signature Printed Name Signature Printed Name Signature Printed Name A-Aww Date PROPERTY OWNER #2 Signature Printed Name Property Owner Noise Insulation Agreement Exhibit E (2820 Staples Ave) Page 28 of 32 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 November 3, _ 2025. If the Property Owner fails to provide the report by the stated - 0z,. r , deadline their house will be excluded from construction in Group 2. 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 AttachmentA) 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 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 Property Owner Noise Insulation Agreement Exhibit F (2820 Staples Ave) Page 29 of 32 illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 (2820 Staples Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: CI-1 aldf? Si nature Printed Name -,"Signature Printed Name VAI 11 CNI I - Signature Printed Name Signature Printed Name PROPERTY OWNER #1 \N Printed Name \-- '-� Date PROPERTY OWNER #2 Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (2820 Staples Ave) Page 31 of 32 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Property Owner Noise Insulation Agreement Exhibit ✓= (2820 Staples Ave) Page 32 of 32 Address: 2824 Staples Ave Name(s): Laswell 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 1 of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Property Owner Norse Insulation Agreement (2824 Staples Ave) Page 2 of 32 (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. (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. S. 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: Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Noise lnsula(ion Agreement (2824 Staples Ave) Page 4 of 32 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, 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 5 of 32 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; (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 Buildinq 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 R324, Smoke Alarms. The code section can be found at: hft s://codes.iccsafe.or /content/FLRC2023PI/cha ter-3-buiIdin -- tanninFLRC2023P1 Pt03 Ch03 SecR324. 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 6 of 32 code section can be found at: https://codes.iccsafe.or_q/content/FLRC2023P1/chapter-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 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 7 of 32 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. 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 8 of 32 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 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 9 of 32 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 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 35. 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. 36. 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. 37. 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. 38. Authority to Execute on Behalf of County. By Resolution No. 111-20041 duly motioned and passed at a lawfully announced public meeting, the Board of County Properly Owner Noise Insulation Agreement (2824 Staples Ave) Page 11 of 32 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. 39. 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 40. 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. Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 12 of 32 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 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 VI I 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 VI11 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 Property Owner Norse Insulation Agreement (2824 Staples Ave) Page 13 of 32 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 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 112.323, 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. Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 14 of 32 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. 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 Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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, 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. Property Owner Norse Insulation Agreement (2824 Staples Ave) Page 16 of 32 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 (2824 Staples Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: PROPERTY OWNER #1 Printed Name nature .1-117 f�<�A q Printed Name WITNESSES: Signature ev R -ELLd�etq- Printed Name rgrf6iure Printed Name 9M Printed Name Date ; I Z, [a] a *17 1 JQ 11560"W F; 4 �-M Signature Pfinted Name Date Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK In as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Signature Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 11, Block 2, Lime Grove Subdivision No. 2, according to the Plat thereof recorded in Plat Book 2, Page 26, of the Public Records of Monroe County, Florida. Property Owner Norse Insulation Agreement Exhibit A (2824 Staples Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group 1 NIP" Treatment Summary for: 2824 STAPLES -- LASW ELL Existing Exterior wall Construction I® Concrete Block aWood Frame Floors & windows Acoustical Exterior windows & Doors (See Floor Plan and winder /floor Schedules) Mechanical & Electrical New Ductless ,fir Conditioning Systems) ❑ New whale House Ducted AC System 0 El,ectrical Panel Replacement Miscellaneous 0 New Gyp Board Pilasters and/or Soffits - (See Pre -Work. requirement below) ❑ New Air Conditioning Closet- (See Pre -Work requirement below) LJ Remorse and Infill Thru wall AC Units Property Owner Pre -Work ork Requirements M 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) M Additional Pre -Work Item(s) Required of Unit Owner: Property Owner Norse Insulation Agreement Exhibit 8 (2824 Staples Ave) Page 21 of 32 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 ConditionerUnits — 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 (2824 Staples Ave) Page 22 of 32 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 R324. 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: I. 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 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: Property Owner Noise Insulation Agreement Exhibit C (2824 Staples Ave) Page 23 of 32 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 < 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 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 (2824 Staples Ave) Page 24 of 32 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 Property Owner 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit b - Property Owner Nolse Msulation Agreement (2824 Staples Ave) Page 25 of 32 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 frorn 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. & 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. r ITNESSES: 8ignature Printed Name gnature Printed Name LIB 19' al Signature �A� e- r Printed Name ature Printed Name Signat re Printed Name Mrz PROPERTY OWNER #2 J- Signature ate Exhibit D - Property Owner Noise Insulation Agreement (2824 Staples Ave) Page 26 of 32 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E �•7 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 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 (2824 Staples Ave) Page 27 of 32 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. WITNESSES: Signature Printed Name 846-ature [NMI rEreli! WITNESSES: igg n at u �re Printed Name �Irinted Name I :j zt0j.", COS Printed Name Date 9M= Printed Name Date Property Owner Noise Insulation Agreement Exhibit E (2824 Staples Ave) Page 28 of 32 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 November 30, 2025. If the Property Owner fails to provide the report by the state_ d deadline their house will be excluded from construction in Group 2. 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 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 Property Owner Noise Insulation Agreement Exhibit F (2624 Staples Ave) Page 29 of 32 illustrated in Attachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. The Property Owner hereby agree that the terms and provisions of this Exhibit Fshail 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 (2824 Staples Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: 8ignature". Printed Name ure ),:-- 0-V Printed 11ane WITNESSES: ig n at -6'Vr Printed Name Signature IZ-VAtQ - ::FC29 =L) Prinfed Name :j :161:2 Printed Name Date Signature eelr-e'�—wed- Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (2824 Staples Ave) Page 31 of 32 Attachment A To Exhibit F . Property Owner Noise Insulation Agreement Wall Framing Terminology Property Owner Noise Insulation Agreement Exhibit F (2824 Staples Ave) Page 32 of 32 Address: 2828 Staples Ave Name(s): Perkins 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"). WIT NESSETH: 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 1 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page l of 32 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 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. Property Owner Noise Insulation Agreement (2628 Staples Ave) Page 2 of 32 (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. (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: Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 3 of 32 (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (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. Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 4 of 32 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, 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 copios 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 5 of 32 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; (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 Buildinq 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 R324, Smoke Alarms. The code section can be found at: a ................... pter_3-building- https:I/codes,iccsafe.org/conten�IFLRC2023P1/ca h„., .. tannin #FLRC2023P1 Pt03 Ch03 SecR324. 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 R4501.1 T.1, Residential Swimming Barrier Requirement. The Property Owner Norse Insulation Agreement (2828 Staples Ave) . Page 6 of 32 code section can be found at: https://codes.iccsafe.orglcontent/FLRC2023Pl/chapter-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 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 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 7 of 32 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. 22. Design and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 andlor upon not less than twenty-four (24) hours advance notice (via NIP email andlor 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 andlor 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 8 of 32 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 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 Property Owner Norse Insulation Agreement (2828 Staples Ave) Page 9 of 32 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 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 their 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. Wood -framed Houses. The Property Owner will be required to sign Exhibit F (Wood -framed House Agreement) which apprises the Property Owner of the limitations of the County's liability and obligations and the overall limitations of the program in the event Structural Wood Deficiencies resulting from an active moisture leak and/or wood destroying insects or organisms are found and the additional obligations imputed on Property Owner in such event. 31. 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 Property Owner Norse Insulation Agreement (2628 Staples Ave) Page 10 of 32 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. 32. 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. 33. 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 involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 34. 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. 36. 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. 36. 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. 37. 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. 38. 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 19 of 32 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. 39. 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 40. General Conditions. a. Governinq 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. v (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. Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 12 of 32 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 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 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 Property Owner Noise Insulation Agreement (2628 Staples Ave) Page 13 of 32 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 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. 1. 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 112.323, 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. Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 14 of 32 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. 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 Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 15 of 32 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 AT MONROE COUNTY ATTORNEYS OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty- fl.gov, (305) 292-3470. 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. 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, 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. Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 16 of 32 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 (2628 Staples Ave) Page 17 of 32 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the date last below written. WITNESSES: Signature Printed Name M= Prinlied Name WITNESSES: Signature Printed Name Signature Printed Name Printed Name '4 C 6) j Date PROPERTY OWNER #2 Printed Name Date Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 18 of 32 MONROE COUNTY BOARD OF COUNTY COMMISSIONS (Seal) Attest: KEVIN MADOK, CLERK as Deputy Clerk MAYOR / CHAIRMAN: Date: Monroe County Attorney Approved as to Form Pedro Mercado Assistant County Attorney Date: 2/2/26 Signature Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 19 of 32 LEGAL DESCRIPTION OF PROPERTY Exhibit A To Property Owner Noise Insulation Agreement Lot 10, Block 2, Lime Grove Subdivision No. 2, according to the plat thereof as recorded in Plat Book 2, Page 26, Public Records of Monroe County, Florida. property Owner Norse Insulation Agreement Exhibit A (2828 Staples Ave) Page 20 of 32 PROGRAM IMPROVEMENTS Exhibit B To Property Owner Noise Insulation Agreement Group I NIP Treatment urr ma!ry for: 2928 STAPLES AVE. — PERKINS Existing iExterior wall -Construction 0 Concrete Block 0 Wood Frame Doors &Windows Acoustical Exterior Windows & Doors (see Flour (Plan and Window / Door Schedules) Mechanical .& 'Electrical M New Ductless Air Conditioning System(s) El New Whole House Ducted AC System 0 Electrical Panel Replacement Miscellaneous El New Gyp Board Pilasters and/or Soffits - (see Pre -Work requirement below) ❑ New Air Conditioning Closet- (See Pre -Work requirement below) Remove and infi'll Thru Wall AC Units. Pr: operty Owner Pre -Work Requirements 11 NIP Work scope requires that the iPropertyr 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 torrreet Florida Building Cade Section IR4501.17, Residential Swimming'Barder Requirement.) D Additional Pre -Work Items) Required of Unit Owner: Property Owner Noise Insulation Agreement Exhibit B (2828 Staples Ave) Page 21 of 32 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 "Throu h-Wall / Throu h-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 Norse Insulation Agreement Exhibit C (2828 Staples Ave) Page 22 of 32 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 R324. 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 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 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: Property Owner Noise Insulation Agreement Exhibit C (2828 staples Ave) Page 23 of 32 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 Reg 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 %: 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 (2828 Staples Ave) Page 24 of 32 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 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 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 Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner 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 Property Owner 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 Property Owner 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 Property Owner 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 Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. Exhibit D - Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 25 of 32 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 d,qtt- 1;4qt ht-Inw writtt-n WITNESSES: n Signature Printed Name ignature Printed Name Iffif k Oki I* Rl Signature EM747,411 "11 - Signature Printed Nam wffc a &grtature MAXk V. A- O'k Printed Name () 14 Date PROPERTY OWNER #2 Signature Printed Name 71M Exhibit D - Property Owner Noise Insulation Agreement (2828 Staples Ave) Page 26 of 32 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' Property Owner 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 Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner, The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner 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 Property Owner 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 (2828 Staples Ave) Page 27 of 32 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. WITNESSES: Sig n afu re Printed Name nature Printed Name WITNESSES: Signature Printed Name PROPTOWNER #1 , Sig Na re S P4- Printed Name ac-7' Date PROPERTY OWNER #2 Signature Printed Name Signature Date Printed Name Property Owner Noise Insulation Agreement Exhibit E (2828 Staples Ave) Page 28 of 32 WOOD -FRAMED HOUSE AGREEMENT Exhibit F lZ7 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. copy p _. ., , provided to the NIP Management Team prior to co o the written report be November 30, 2025. If the Property Owner fails to provide the report by the stated deadline, their house will be excluded from construction in Group 2. 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 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 Property Owner Noise Insulation Agreement Exhibit F (2828 Staples Ave) Page 29 of 32 illustrated in Affachment A) may not be an eligible cost and therefore may not be included in the Program Improvements. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 1.2. The Property Owner hereby agree that the terms and provisions of this ExhibitFshall 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 (2828 Staples Ave) Page 30 of 32 IN WITNESS WHEREOF, the Property Owner(s) has executed this Agreement as of the date last below written. WITNESSES: �ignature L-Vaoner P Printed Name signature ited Vame WITNESSES: Signature Printed Name Signature NUMMOMP. 1=1 - :j 091:2 4�114 VASIVITR4 1:1M.1 M fiIN 4- dc N, " k ,,- S Printed Name -7, -L(j Date i 1:2001:243VVITAL114 Printed Name Date Property Owner Noise Insulation Agreement Exhibit F (2828 Staples Ave) Page 31 of 32 Attachment A To Exhibit F Property Owner Noise Insulation Agreement Orippla duds gouhle tap pieta Header —� fassemhly aea ha ` configured various waYsdepemiingon Mucturaland thermal requirements} Wall Framing Terminology ''� Sheathing King stud --Jack stud Gtlppiostuds jt/ �� �� I Kigstud Header . I Jaokstud Rough aponing (RR) Bottom piate Output aldnarronghopenings Jack stud �� � Ktngstud 51ng1a nrdouhlo lough sill (double rouuhsl➢ providas solid suhshato for Idm instaliatlon) i b Cdl Property Owner Noise Insulation Agreement Exhibit F (2828 Staples Ave) Page 32 of 32