PHONE NO. ______________________________
INITIAL AUTHORIZATION AGREEMENT
SOUND INSULATION PROGRAM
The parties to this Agreement are the Homeowner ("Homeowner")
and the County of Oakland, a Michigan Constitutional Corporation, ("County"). The
Homeowner has legal title to real property and improvement located at
________________________ ("Premises"). The County is the operator of Oakland
County International Airport ("Airport") and administers the Sound Insulation Formatted: Not Highlight
IN AS MUCH as the County desires to decrease aircraft-
generated noise levels in homes in the immediate Airport vicinity; and
IN AS MUCH as the Homeowner desires to do the same;
The parties agree as follows:
The following words and expressions when printed with the first letter capitalized
as shown herein, whether used in the singular or plural, possessive or non-
possessive, and/or either within or without quotation marks, shall be defined and
interpreted as follows:
1. “Claims” means any alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgements,
deficiencies, liability, penalties, litigation, costs, and expenses, including, but not
limited to, reimbursement for reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, amounts paid in settlement, and/or
other amounts or liabilities of any kind which are imposed on, incurred by, or
asserted against the county, or for which the county may become legally and/or
contractually obligated to pay or defend against, whether direct, indirect or
consequential, whether based upon any alleged violation of the federal or the state
constitution, any federal or state statute, rule, regulation, or any alleged violation of
federal or state common law, whether any such claims are brought in law or equity,
tort, contract, or otherwise, and/or whether commenced or threatened.
2. “County” means the County of Oakland, a Municipal and
Constitutional Corporation, its departments, divisions, authorities, boards,
committees, and “County Agent” as defined below.
3. “County Agent” means all elected and appointed officials,
directors, board members, council members, commissioners, employees,
volunteers, representatives, and/or any such persons’ successors (whether such
person act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them. “County
Agent” shall also include any person who was a “County Agent” anytime during the
term of this Contract but, for any reason, is no longer employed, appointed, or
elected and serving as an Agent.
4. Review and Meeting Attendance. Homeowner shall review all
written materials regarding the Program prepared by the County and shall attend all
meetings affecting the Homeowner's participation in the Program.
5. Eligibility Requirements. Homeowner must meet the eligibility
requirements for the Program:
A. Your home must be located in the 65 DNL (or greater) area
identified on the (Part 150 date, NCP approval dateFebruary 26, 1999?) Noise Formatted: Not Highlight
B. Your home must have been constructed before (Part 150
date, NCP approval date?).October 1, 1998.
C. You must hold title to your property or have a beneficial
interest in a trust holding title that gives you the authority to make modifications
to your residence and sign the avigation easement. The program staff will conduct
a title search to verify that you hold the title to your residence.
D. If your property is held in a trust in which you have beneficial
interest and authority to make modifications to your property, you must submit a
copy of the portion of your trust agreement in which you are given this authority.
6. County Access. Homeowner shall permit the County, its
employees, agents, and contractors access to all rooms on the Premises for
purposes of inspecting, measuring, and otherwise undertaking any actions
necessary for gathering information to develop a Scope of Work for the installation
of noise-reducing materials and equipment ("Preliminary Work") or for performing
field audits. The Homeowner shall schedule the time for the Preliminary Work with
the County. Homeowner shall make reasonable efforts to make all portions of the
Premises accessible to the County, its employees, agents, and contractors.
Rooms that are not made accessible will not be considered for sound insulation
7. Scope of Work. Based on the information obtained from the
Preliminary Work, a Scope of Work for installing noise-reducing materials and
equipment shall be prepared by the County or its agents.
8. Scope of Work Acceptance. The Homeowner and the County
shall agree on the Scope of Work prior to contracting for the work. The County may
require that the Homeowner accept a package of modifications sufficient to meet
minimum noise reduction goals in order to participate in the Program. If the County
and Homeowner fail to agree upon the final Scope of Work within three (3) working
days following document preparation, Homeowner shall be deemed to have
withdrawn from the Program.
9. Repair of Premises. The County reserves the right to require
Homeowner to repair or remedy any condition on the Premises that might affect the
installation or effectiveness of sound insulation measures prior to the solicitation of
bids. These conditions may include building code compliance, hazardous materials
or other issues. If Homeowner fails to repair such condition within a reasonable
specified time, Homeowner shall be deemed to have withdrawn from the Program.
10. Execution of Documents. After the Homeowner and the
County have agreed to the Scope of Work, the Homeowner shall attend a meeting
with the County, at which time Homeowner shall execute 1) a Final Approval
Authorization Agreement; 2) an Avigation Easement; and 3) other documents as
required. If for any reason, the Homeowner declines to execute the documents,
Homeowner shall be deemed to have withdrawn from the Program.
11. Bidding/Contract Award. Following the execution of
documents, the County will solicit bids for the work, and enter into a contract for the
work, based on the lowest acceptable bid.
12. Hold Harmless. Homeowner agrees that the County, its
Commission, officers, employees, agents, and consultants ("County") shall not be
liable and further waives all claims for expenses and damages, for any injury
(including death) to any person or for damage to any property sustained, or alleged
to have been sustained, as a result of or in connection with any work undertaken as
part of the Program.
Homeowner shall hold the County harmless from all liability and expense in
connection with all claims, suits and actions brought against the County, by any
person or entity as a result of or on account of actual or alleged injuries (including
death), or damages to any persons, entities, and/or property received or sustained,
or alleged to have been received or sustained, in connection with or as a result of
any work undertaken as part of the Program, except where such injuries, deaths, or
damages are caused by the sole negligence of the County; provided that where
such injuries, deaths, or damages arise from the concurrent negligence of the
County and Homeowner, Homeowner's obligations herein to the County are limited
to the extent of Homeowner's negligence. Nothing herein shall be construed as a
waiver of any governmental immunity that has been provided to the County by
statute or by court decisions.
13. Warranties. Warranties of product manufacture and contractor
workmanship which accrue to the County by virtue of the contracts it has entered
for work at the Homeowner's premises, will be assigned to the Homeowner upon
completion of the work. The County does not warrant the manner or quality of any
work undertaken or materials supplied. The County also does not warrant that the
Homeowner will experience any specific reduction in the noise levels within the
premises as a result of any work undertaken as part of the program.
14. Cooperation. Homeowner agrees to cooperate fully with the
County during this program (and to insure the cooperation of tenants, if any). If
Homeowner fails to cooperate or falsifies or modifies any County documents, then
Homeowner will be withdrawn from the Program.
15. Withdrawal. Homeowner or the County may withdraw from
the Program at any time during the term of this Agreement upon written notice to
the other party. The effective date of withdrawl shall be clearly stated in the written
notice. If the Homeowner requests a postponement before signing the Final
Approval Agreement, Homeowner remains eligible to re-enter the Program at a
later date. If a Homeowner withdraws after contract bids have been advertised, the
County will hold the Homeowner and the Homeowner agrees to be responsible for
expenses incurred, by the County, on behalf of the Homeowner.
16. Term. This Agreement shall begin on the date below and shall
terminate at the signing of the Final Agreement, or withdrawal from the Program by
the Homeowner or the County.
17. Special Power of Attorney. If more than one person
holds a share of the title to the Premises, a Special Power of Attorney may be
signed by one or more title holders which shall designate one person to act on
behalf of the others during all phases of the Program.
18. Governing Laws/Consent to Jurisdiction and Venue.
This Contract shall be governed, interpreted, and enforced by the laws of the
State of Michigan. Except as otherwise required by law or court rule, any action
brought to enforce, interpret, or decide any Claim arising under or related to this
Contract shall be brought in the Sixth Judicial Circuit Court of the State of
Michigan, the 50th District Court of the State of Michigan, or the United States
District Court for the Eastern District of Michigan, Southern Division, as dictated
by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above. The choice of forum set
forth above shall not be deemed to preclude the enforcement of any judgement
obtained in such forum or taking action under this Contract to enforce such
judgement in any appropriate jurisdiction.
19. Entire Agreement. This is the entire Agreement between the
County and the Homeowner, and shall not be changed or modified without a written
DATED this day of , 200__________
COUNTY OF OAKLAND HOMEOWNER(S)
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Karl Randall Formatted: Tab stops: 0.25", Left
Manager of Aviation
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