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09/19/2018 Easement ��N� G3/ couRr0011 ,,pe." .... Kevin Madok, CPA i 'I • • � .. ' p 0 ..: _� Clerk of the Circuit Court & Comptroller — Monroe County, Florida 1 '‘,' , ,,;; , ;:;e1.- -- ,`',: 0 1 DATE: October 11, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hanco c41gI .C. SUBJECT: September 19 BOCC Meeting Attached is an electronic copy of Item C12, Avigation Easements and Property Owner Noise Insulation Agreements for thirty-two participating units at Key West by the Sea for the Key West International Airport Noise Insulation Program Building B, Floors 3 -6 Construction Project, for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305- 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145 Prepared By and Return To: DoeN 2190202 10/11/2018 2: 09PM HeatherP.Faubert Filed & Recorded in Official Records of NIP Assistant Project Manager MONROE COUNTY KEVIN MADOK THC, Inc. 710 Dacula Rd., Suite 4A #315 30i11i2038 2:09PM Dacula, GA 30019 DEED DOC STAMP CL: Brit $0.70 • AVIGATION EASEMENT • Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this L day of M 2018, by "MATTHEW R. CARLSON & DEREK L. SHUCK ", 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: As To An Easement Interest Unit No. 306 -B, Gulfstream Tower Of KEY WEST BY THE SEA, a Condominium, Together With An Undivided Interest In The Common Elements, According To The Declaration Of Condominium Thereof, Recorded In Official Records Book 589 At Page 370 Of The Public Records Of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit B306" 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. Key West International Airport NIP — Avigation Easement (Unit #B306) Page 1 of 4 Doe! 2190202 BkN 2931 PgN 826 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 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 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 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. Key West International Airport NIP — Avigation Easement (Unit #B306) Page 2 of 4 Doc! 2190202 Bk! 2931 P9! 827 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. 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. Doc 2190202 Bk0 2931 PgI$ 828 Key West International Airport NIP — Avigation Easement (Unit #B306) Page 3 of 4 DocA 2190202 Bkq 2931 POI 829 This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: P_ • • ERTY . • R: `7 /z C---2----_--- I Signature SI':Ur'ure M wrr) -llr'w 4- CAv-t,) -) Def-EIL L. S>-1uc)c. Printed Name Printed Name M l 2_618 M 1'r'i , 2-o1 Date Dat 'n p ' `: _ ENSO STATE OF 1 h / , C , � `^ `� MARY C LADE J /� - ,„} Notary FubOrmI ig COUNTY OF f -eh n y` -3* MY Ctainisslara rgoO . ` . The foregoing instrument was acknowledged before me this i `J day of M , 20 kr b ff 1+1h €LU g^ 06( C?iQ D( 1_, ShUielc., . Property Owner Name(s) .. My Commission Expires: ( Si s� ot:ry Pu Tic Signature / LJ 1 � MONROE COUNTY BOARD OF COU MIS V NERS: a W NESSEtE dip.. .. , ,...c., - C.) . W*4 f - - ;.—: - '7 7--2 rd, i % o © S1,anature r, S j 3 ted Nam ( David c G e_, `t.a,_ .4oe -a Printed Name Signature e5oGC 4rp o✓e- 't/l io 3 Date . Printed Name i � Re J h . ,, l A- , ' •1 t-. • STATE OF FLORIDA COUNTY OF MONROE ASSISTA ' •r NTV ATTORNEY CO / p Date QQ v The foregoing instrument was acknowledged before me this day of �trt 20 ! y by Da✓i cJ )'iGe. as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. yLV n - PAMEIAG.HAN ' A.r +n� ri"' (�` i "`--, ��'� Pq � My COMMISSION FF 9 42° / My Commission Expires: ,*, ' * ExpRES:Feb N '�� ' Signature I' a, Pub% Notary Public Signa u e ;, ; o-,, Bond�dTNuNoba�Y Key West International Airport NIP — Avigation Easement (Unit #13306) Page 4 of 4 MONROE COUNTY OFFICIAL RECORDS