09/27/2017 EasementIaivap 2143778 11/15/2017 11:409H
Prepared By and Return To : Filed 8 Recorded in Official Records of
11014ROE COUNTY KEVIN MADOK
Heather P. Faubert
NIP Assistant Project Manager 1 1,,E :.5/2017 11 :40AM
THC, Inc. DEED DOC STAPIP CL: Krys $0.713
3300 Breckinridge Blvd., Suite 200
Duluth, GA 30096 1:I431.113 :2143778
1c11M 21379 1 968
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this °� / day of Fepr -= , 20 /7, by
"MICHELLE KEEVAN HALPERN REVOCABLE TRUST ", hereinafter referred to as "the
Homeowner," infavorof the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body
politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
A. The Homeowner is the fee simple titleholder to certain real property ( "the Property') located in
Monroe County, Florida, more particularly described as follows:
LT 35 KW AMENDED PLAT OF RIVIERA SHORES FIRST ADDN PB5 -88 OR412- 286/87 OR637-
514 OR902 -682 OR1524- 1058/59 OR1524- 1060/63 OR2545- 1915D/C
also identified as street address: "1717 Jamaica Drive "
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 Homeowner's Property necessary to reduce interior noise levels at least 5
dB and to bring the average interior noise level below 45 dB 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 Homeowner desires to participate in the NIP and has entered into a Homeowner Noise
Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the
Homeowner 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 45 dB in accordance
with Federal Aviation Administration policy.
F. The Homeowner fully understands that the NIP eligibility could change at some future time, but
is currently based on the 2093 Existing Condition Noise Exposure Map accepted by the Federal
Aviation Administration ( "the FAA ") on December 19, 2013.
Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 1 of 4
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G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport
Improvement Program 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
Homeowner and the BOCC agree as follows:
The Homeowner on behalf of the Homeowner 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 run to the benefit of the BOCC or its successor in interest as owner and operator of the
Airport.
3. The Homeowner on behalf of the Homeowner, 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 Homeowner 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.
4. This Easement expressly excludes and reserves to the Homeowner and to the Homeowner'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
Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 2 of 4
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 running to the BOCC hereunder.
9. The Homeowner agrees that the Homeowner 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.
This Easement Agreement is executed as of the date first above written.
HOMEOWNER:
Signature
Printed Name
Date
STATE OF T rr Cn
COUNTY OF M()mf'
JESSICA L STEINBACH
i MY COMMISSION #FF100068
EXPIRES May 21, 2017
(407) 398.0153 FloridallotaryService.com
The foregoing instrument was acknowledged before me this -- day of Ff b mc w u 20_a
by M l nnn P � u cn
Homeowner Name(s)
M-,/ 7-410 NO/ I
t Public Signature
I)actl 2143778
I:Ik.li 21379 1 970
My Commission Expires: MO (4 Zl 1 20 1
Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 3 of 4
HOMEOWNER:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSE
Signature
Printed Name
Signature /�
I u �, �1 c ls,
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
MA
• �.� ��� _ `fy; tea`.?
r .
" 114117
George Neugent
Printed Name
September 27. 2017 0g °6, AP1'ty� Ol
Date / /
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The foregoing instrument was acknowledged before me this day of
by G—je- NCA&16"1-
as Mayor of the Monroe County Board of County Commissioners, a body politic
My Commission
Notary Public Signature
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19O1WR0E COUIVTY
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PAMELAG. HANCOCK
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Key West International Airport NIP - Avigation Easement (1717 Jamaica Drive) Page 4 of 4