09/27/2017 EasementPrepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
3300 Brbckinridge Blvd., Suite 200
Duluth, GA 30096
Iaaiai :2146516 12/07/2017 11:39CIM r
Filed $ Recorded in Official Records of
1 CDUNTY KEVIN MADOK
:21
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AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 17 day of Fe b - ,201 - 7,
by "JOHN M. KUHAR & RITA M. KUHAR", 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:
UNIT 204 -B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR602 -679 OR885-
1950L /E PROB NO 92- 10 -CP -13 OR1206- 471 /73GRDNSHP OR1331- 2148149 OR1441 -770
OR2336- 485D /C
also identified as street address: "2601 S. Roosevelt Blvd., Unit 20413"
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 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 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 45 dB in accordance with Federal Aviation Administration policy.
F. The Property Owner fully understands that the NIP eligibility could change at some future time,
but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the
Key West International Airport NIP — Avigation Easement (Unit #20413) Page 1 of 4
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Federal Aviation Administration ( "the FAA ") on December 19, 2013.
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 ofwhich 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:
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 run 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.
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.
Key West International Airport NIP — Avigation Easement (Unit #2046) Page 2 of 4
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, 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 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.
This Easement Agreement is executed as of the date first above written.
PROPEJRAY OWN R: PRTIRTY OWNER:
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Sig i r 1 Signa ur
I u,�tCc r� J
Printed Name Printed Name
a- I_] -J6
Date
STATE OF 0
COUNTY OF
The foregoing instrument was �acknowledged / beef re me this day of
Y
Date
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Property Owner Name(s)
Notary Public Signature
My Commissoon
Key West International Airport NIP — Avigation Easement (Unit #204B)
y C--,r �Y , 20�
AU l l l l l t l l / /ry��
MICHAEL HENDRICKS
NOTARY PUBLIC
�G STATE OF OHIO
Comm. Expires
01 , 20111
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: AY Signature
Ef �Z1� V- gnature
Printed Name ��
Signature
Sovi i u /J
Printed Name
George Neugent
Printed Name
Septtember 27, 2017 (6occ.APPRoJAL DAr
Date //
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2 9te^ day of , 20
by � e Ne-k 9 en
J 1j
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
g t--� My Commission Expires:
Notary Public Signature
1110IVR01' j-OUIVY
0r.j'ICIAI.. RECORDS
Key West International Airport NIP — Avigation Easement (Unit #20413)
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