Item C18 C.18
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe � Ffi� ��`"1 Mayor Sylvia Murphy,District 5
The Florida Keys Mayor Pro TernDanny Kolhage,District I
�pw° Michelle Coldiron,District 2
gym, , EM"Kfaµ Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: C.18
Agenda Item Summary #6029
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
no
AGENDA ITEM WORDING: Approval of Avigation Easements and Property Owner Noise
Insulation Agreements for sixty-five (65) participating units at Key West by the Sea for the Key
West International Airport Noise Insulation Program (NIP) Building C Construction Project. All
project costs to be funded with FAA Grant 37-59 (90%) and Passenger Facility Charge 417 (10%).
ITEM BACKGROUND: This agenda item is for the approval of Avigation Easements and
Property Owner Noise Insulation Agreements for sixty-five(65) condo units at Key West by the Sea,
as shown in the attached list, for the Key West International Airport Noise Insulation Program (NIP)
Construction at Key West by the Sea(KWBTS) Building C. 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.
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-approved Noise Insulation
Program. Qualification is based on the FAA-approved 14 CFR Part 150 Noise Compatibility
Program and associated Noise Exposure Map, and pursuant to AIP Handbook Appendix R and other
related federal requirements.
Four (4) bids were received at the bid opening held May 1, 2019, and staff is recommending
approval of the bid from DEC Contracting Group, Inc.
PREVIOUS RELEVANT BOCC ACTION: On February 20, 2019, the BOCC granted approval
to advertise for bids and the bid opening held May 1, 2019.
September 18, 2019 concurrent BOCC Agenda requests:
1. Ratification and approval of FAA Grant 12-0037-059-2019;
2. Award of bid/contract to DEC Contracting Group, Inc.; and
3. Approve PSO 45 with THC for construction management & administration, and preparation of
final bid documents and bid process.
Packet Pg. 383
C.18
CONTRACT/AGREEMENT CHANGES:
new agreements
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
4KWBTS Bldg C NIP Owner Participation
AV EASEMENTS C102-C112
AV EASEMENTS C113-C124
AV EASEMENTS C201-C209
AV EASEMENTS C212-C224
AV EASEMENTS C301-012
AV EASEMENTS C313-024
POA C102-C112
POA C113-C124
POA C201-C209
POA C212-C224
POA C301-012
POA C313-024
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No.
Additional Details:
n/a
REVIEWED BY:
Packet Pg. 384
C.18
Richard Strickland Completed 08/30/2019 1:24 PM
Pedro Mercado Completed 08/30/2019 1:28 PM
Budget and Finance Completed 09/03/2019 8:55 AM
Maria Slavik Completed 09/03/2019 10:00 AM
Kathy Peters Completed 09/03/2019 11:02 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
Packet Pg. 385
Key West by the Sea C.18.a
Building C, 65 Units
Bldg. Unit Property Owner(s)
C 102 John & Heather Bowns
C 103 Robert Elliott, III & Janis Elliott
C 104 Barbara Dower& Michael Dower
C 105 Ross & Barbara Nea le
C
C 106 Anne Sweeney E
C 107 Barry &Audrey Greenhill U)
C 108 George & Barbara Yewell
C 109 Catherine D. Riddell C/O The Brown Family Trust
C 110 Gerry Bernat (George Bernat >
C 111 Daniel & Kimberly Meadows 06
C 112 Randal & Elizabeth McDonald <
C 113 Denver R. & Mary Alice S. Owens IL
C 114 Bruce Troutman & Karen Lane U
Cb
22
C 116 Michael & Nicole Wahl ren
C 117 Linda Bryant C/O Liz Reschke LO
C 118 Christopher& Carol Horvath
C 119 Sherman M. Bywater
C 120 Monica Munoz
C 121 Lila Jo Miller
°2
C 122 Martin & Sharon Lehmann
C 123 James & Cheryl Zanello CIL
C 124 Michelle Mor ante 3
C 201 William & Hanna Schenck
C 202 James Shoultz
C 203 Michael & Julie Bonner
C 204 Scott & Charity Maurer
C 1 205 KathyDonohue
C 206 Joseph & Donna Schaefer
C 207 James Newbury &Albert Romano
C 207S Steven Liberatore 0
C 208 Carl & Patti McMackin
C 209 Jannoula & Gus Arvanitis
C 212 Albert Romano
C 213 James & Susan McDermott
C 214 Bridget Stefan & Geert Kausch
C 215 Robert & Christine Lurski
Packet Pg. 386
Key West by the Sea C.18.a
Building C, 65 Units
Bldg. Unit Property Owner(s)
C 216 John & Barbara O'Leary
C 217 Roy & Phyllis Bell
C 217S Beth Dobos
C 1 218 Joseph Martinet
C 220 Dorothy Schwartz C/O Jeff Schwartz E
C 221 Mary S. Petersen U)
C 222 Paul & Lucille Heuton
C 223 Gary Williams
C 224 Spicer&Associates LTD C/O K. Neil Spicer >
C 301 Woody & Claudette Taylor 06
JA
C 302 Michael Boehme & Wendx Allen
�s
C 304 Richard Vaillant
C 305 Tony Bucz nski &Anne Gera e
C 306 Mae Kaplan McMahan
C 307 Richard & Marjorie Hallberg
C 307S Patricia Shoaf
C 308 Timoth T ran
C
°2
C 311 Franco Brizzi
C 312 Todd & Joie Rolf Switzer
C 313 Joanne Teixeira 3
C 314 Bernard Charles & Mukhtar Sall
C 315 John & Barbara O'Leary
C 316 Thomas & Karen Blackman
C 317 Doris Biedermann
Am III III III I III III III III III III III 1111;
C 318 Wilfredo Melendez, Jr.
0 ,
C 320 Ronald Sullivan & Paul Hardin 0
C 322 Noreen Collins
C 323 William & Ma Carlin Porter
C 324 Wilma Partners C/O A. Roger Wi le
Declined Participation
Packet Pg. 387
Pre ared By and Return To:
Heather P. Faubert C.18.b
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this ay of n
20 , by"JOHN LEE BOWNS & HEATHER M. BOWNS", hereinafter referre to as"the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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:
�s
Unit 102-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C102"
Ir-
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C102) Page 1 of 4
Packet Pg. 388
C.18.b
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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 Intemational Airport NIP—Avigation Easement(Unit#C102) Page 2 of 4
Packet Pg. 389
C.18.b
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C102) Page 3 of 4
Packet Pg. 390
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPER OWNER: PROP OWNER:
ignature Signatu
J ( /Z I k
P it nted Na a Printed Name
Date Date
STATE OF F r I C
COUNTY OF DA- C17E' 0
The foregoing instrument was acknowledged before me this a day of , 20 M
by i �_� >
Property Owner Name(s) 06
AExpis
1g]
idaMy CommissiootaryPublic Signature istion 02
cm
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
r!5
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
PROVE A O EY ,`
Key West International Airport NIP—Avigation Easement(Unit#C102) PEDR J.MERCA Page 4 of 4
ASS
: I Packet Pg. 391
C.18.b
Pre ared IS and ReturnTq:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of E
20 by"ROBERT W. ELLIOTT, III &JANIS ELLIOTT SONLEY", hereina er referred to U)
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY w
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
06
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:
�s
Condominium Unit 103-C, 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, Page 370, as amended from time to time, of the Public Records of
Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C103"
Ir-
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C103) ------- � � ��� Page 1 of 4
Packet Pg. 392
C.18.b
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 U)
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. >
JA
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 W
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—Avi ation Easement(U � ������ — � � � � ��� �� � _ o
g (Unit#C103) Page 2 of 4
Packet Pg. 393
C.18.b
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 U)
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.
a�
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 JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 W
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.
---- . . .. ... ........... n _... _ m......._
Key West International Airport NIP—Avigation Easement(Unit#C103) Page 3 of 4
Packet Pg. 394
C.18.b
This Easement Agreement is executed as of the date first above written.
__......................................................... . .. ... ...., ..—m .................
PROP� TY T
Signature1�j)ap4, %
�Q l �10 qA
®
Printed Name �rin
4ed Name �
Date Date
E
STATE OF
M
COUNTY OF _ �"
The foregoing instrument was acknowledged before me this of 20 ,,,,�,�,
by /
Property Owner Name(s)
_........� .. -
O
My Commission Expires: ��„� (L
dry ' is Si nat ire
....... ........ — ..- �
_....... _ .._.. _..........__.... ._.......... ...
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: z
era
WITNESSES: MAYOR:
_..... cv
..............
Signature _..............................................................®..........................................................................._............._......................._.................� .._.._...._
Signature
__. __......... - cv
Printed Name
Printed Name
Signature
Date.... ............._....._..........__ .....................................................................................................................
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20_.............._
by ....... ... ................... ........................_. ........®........
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
_....._...... .__..............._._...—......................_.._........... My Commission Expires:
Notary Public Signature
_,.,_.. ................................._._ ......... _..m........ m .._..,_..._ m..,.
�y
E COU O NEY ���
ED A
.,_. .
Ke West International
�. .,..,. _�w... . . _......... -.. ��.�w..,. -_ `.. ...... gym. °": '•��''...."�-�,,...............
_._.__,_..w
y Airport NIP—Avigation Easement(Unit#C103) PE Page 4bj 4
,a� NT UNTY ATTORNEY
Date Packet Pg. 395
C.18.b
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this m1_ day of � ' E Cs .. / 61`e� �
20 S , by"BARBARA M. DOWER & MICHAEL DOWER", hereinafter referred to as"the U)
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY W
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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 No. 104-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, FL. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C104"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C104) Page 1 of 4
Packet Pg. 396
C.18.b
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 U)
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. >
JA
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
Cb
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 LO
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#C104) Page 2 of 4
Packet Pg. 397
C.18.b
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 U)
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.
a�
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 JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 i
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. U
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 W
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 W
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.
Key West International Airport NIP—Avigation Easement(Unit#C104) Page 3 of 4
Packet Pg. 398
C.18.b
This Easement Agreement is executed as of the date first above written.
P PERTY OWNER PROPERTY OW R•
i n ture g Signature
Name Printed Name
Date Date
STATE OF ,. '�" ". '.
COUNTY OF , `)-L"'.' M
r-
The foregoing instrument was acknowledged before me this ` day of�m. L�, .w"" ,(XJ,° 20
�. w� � ". . <
b . n. ��
Property Owner Names) 06
BAFt0AR/ �,;' ^"aF? :i Y
FJL.c ry ue
, , My Commis napi
a ubl,cSignature
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name a�
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 120
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
Key West International Airport NIP—Avigation Easement(Unit#Cl GM) ee 4 of 4
.—
i
,",•� ��w ,,„,,�,, Packet Pg. 399
Prepared By and Return To:
Heather P. Faubert C.18.b
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"ROSS L. NEAGLEY& BARBARA G. NEAGLEY", hereinafter referred to as"the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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:
�s
Unit 105-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C105"
Ir-
�s
N
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C105) Page 1 of 4
Packet Pg.400
C.18.b
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 E
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.
a�
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 �s
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 LO
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 W
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#C105) Page 2 of 4
Packet Pg.401
C.18.b
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C105) Page 3 of 4
Packet Pg.402
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPEIRPTY, OWNER PR ERTY OWNER:
Signa ture i ature
` ..
Printed Name Printed Name
l
Date Date
STATE OF t �- �C�1
COUNTY OF 1 TM U)
The foregoing instrument was acknowledged before me this day of , 20 1
Property Owner-Name(s) 06
rrq:
lic State of Ftond
s Wallacer 'IMy Commission Expires: +�c siion GG 25380:taryPublic Signature or Expi /2112021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
OE ATTO .N „„, ^„„„
P70VED
Key West International Airport NIP—Avigation Easement(Unit#C105) n" Page 4 of 4
Date Packet Pg.403
Prepared By and Return To: C.18.b
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
wwv.,
20 �� by "ANNE SWEENEY", hereinafter referred to as
of ; ,
THIS EASEMENT AGREEMENT is entered into this
s the Property Owner, m favor of
the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
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:
�s
Unit No. 106-C, CORAL BAY GARDENS 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, Page 370, et. seq. and exhibits thereof and the
Condominium Plans and recorded in Graphics Book #1, of the Public Records of Monroe County, LO
Florida.
N
also identified as street address: "2601 S. Roosevelt Blvd., Unit C106" Ir-
�s
N
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"). W
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#C106) Page 1 of 4
Packet Pg.404
C.18.b
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.
0
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport cu
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.
JA
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
LO
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
Key West International Airport NIP—Avigation Easement(Unit#C106) Page 2 of 4
Packet Pg.405
C.18.b
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 E
arising under this Agreement, or to recover damages by reason of any alleged breach of Cu
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 2
incurred in connection therewith, including appellate action.
a�
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.
�s
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
LO
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 0
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.
Key West International Airport NIP—Avigation Easement(Unit#C106) Page 3 of 4
Packet Pg.406
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPERTY WNER: PROPERTY OWNER:
jiv
----�"i
Signal fre Signature
Printed Name Printed Name
Date Date
STATE OF
0
COUNTY OF_ ( U)
c
The foregoing instrument was acknowledged before me this day of \ , 20
by >
Property Owner Names) 06
JA
Notary Public State of Florida
My Commission Expi Jessica L Wallace
tary Public signature c y i on 53602
/211 021 a.3
cm
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature �g j
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ED
�
Key West International Airport NIP—Avigation Easement(Unit#C106) EBCA age 4 of 4
Date- 6 �"� �
Packet Pg.407
Prepared By and Return To: C.18.b
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this ay of GOIN
20_�___ by "BARRY TELSER GREENHILL & AUDREY GAIL GREENHILL", hereihbfter
referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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:
IL
Unit No. 107-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C107"
Ir-
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C107) Page 1 of 4
Packet Pg.408
C.18.b
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C107) Page 2 of 4
Packet Pg.409
C.18.b
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 C
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C107) Page 3 of 4
Packet Pg.410
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROP12
E TY OWNER-
Signature Signature
Barry T.Greenhill Audrey G.Greenhill
Printed Name Printed Name
1/7/2019 V7/2019 `�y
Date Date ••••��t1 p�9% v�
STATE OF N°j J'y �'� yam''. m ss
COUNTY OF .... * =o Rf — U)
,�•
The foregoing instrument was acknowledged before me this day of
by BarryT. Greenhill Audrey G. Greenhill
Property Owner Name(s 06
)
.....,�,��N, �w....�7 ,� 4�i„ „rc,.��,:' 2';"... ��� a'� V� r'
My Commission Expires: «
Notary Public Signature U
MONROE COUNTY BOARD OF COUNTY
LO
WITNESSES: MAYOR:
Signature
Signature U
cv
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE A ANEY
IJOVE S� RM
Kev West International Airport NIP—Avigation Easement(Unit#C107) ASSISTA UNTY A RN Page 4 of 4
Date _ L ( Packet Pg.411
Prepared By and Return To: C.18.b
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of �J
20 , by"BARBARA L. YEWELL & GEORGE O. YEWELL, JR.", hereinafter referred to E
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: <
06
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:
IL
Condominium Unit No. 108-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the Fn
Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended
from time to time, and the Condominium Plans as recorded in Graphics Book 1, of the Public
LO
Records of Monroe County, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C108" Ir-
�s
N
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"). W
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#C108) Page i oof 5
Packet Pg.412
C.18.b
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 cu
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.
JA
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 LO
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
Key West International Airport NIP—Avigation Easement(Unit#C108) Page 2 of 5
Packet Pg.413
C.18.b
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 E
arising under this Agreement, or to recover damages by reason of any alleged breach of Cu
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. M
a�
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.
�s
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
LO
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 0
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.
Key West International Airport NIP—Avigation Easement(Unit#C108) Page 3 of 5
Packet Pg.414
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER:
Slgna re Si nature
�W.. .... ..Z A 14ALL
Printed Name Printed Name
1 -7 / 19
Date Date
STATE OF Ic l _ 0
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20
by - -_C ll.Z 106
Property Owner Name(s) U)
Notary P.bfi.State of Florida
My Commission Pr4
Jessica L Wallace
tary Public Signature c y Comi ion 25302
Expires0 /21/ 01
6-3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Ir-
Ir-
Signature U
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
P OVE ORM �
AS 1S
Key West Interr national Airport NIP—Avigation Easement(Unit#C108) J.MERCADO Page 4 t�f
. k
"" Packet Pg.415
C.18.b
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thi day of
20J'� , by"CATHERINE D. RIDDELL, AS TRUSTEE OF THE BROWN FAMILY TRUST", U)
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�
RECITALS: JA
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:
Condominium Unit 109-C, CORAL BAY GARDENS 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, Page 370, as amended from time to LO
time,and the Condominium Plans as recorded in Graphics Book#1,of the Public Records of Monroe
County, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C109"
�s
Ir-
N
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").
(n
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#C109) Page 1 of 4
Packet Pg.416
C.18.b
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. E
U)
cu
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.
JA
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 LO
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
Key West International Airport NIP—Avigation Easement(Unit#C109) Page 2 of 4
Packet Pg.417
C.18.b
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.
C
0
5. Should either party hereto or any of their successors or assigns in interest retain E
counsel to enforce any of the provisions herein or protect its interest in any matter M
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 JA
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 LO
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 W
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 E
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(Unit#C109) Page 3 of 4
Packet Pg.418
This Easement Agreement is executed as of the date first above written.
PRjQPERTYOWNER- PROPERTY OWNER:
-e
911"ture Signature
( IL P'r/n P
Printed Name Printed Name
Z)Cce'fn�er—' "-)o ,
Date Date
k
04 E w OF 0
U)
cu
COUNTY OF?tX4—VN W
The foregoing instrument was acknowledged before me this day of C 0 k5
by aAl2
06
Property Owner Name(s) ug
0
My Commission Expires: (L
Notary Public Signature
(L
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: z
LO
WITNESSES: MAYOR:
C14
Signature
Signature
Printed Name C14
Printed Name
Signature z
W
2
Date W
Printed Name
W
STATE OF FLORIDA >
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20— E
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
WE C%t A iRN 01
ORMI
P OVE
Key West International Airport NIP—Avigation Easement(Unit#C109) A" e' Pa",
g
PEDR J.MERCADO (' 2 of 4
Packet Pg.419
Date—,--- !7 , I
Prepared By and Return To:
Heather P. Faubert C.18.b
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 11day of
20 l Iby"GEORGE J. BERNAT", hereinafter referred to as"the Property Owner," in favor E
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
corporate, hereinafter referred to as "BOCC."
RECITALS: >
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit No. 110-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C110"
Ir-
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C110) Page 1 of 4
Packet Pg.420
C.18.b
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C110) Page 2 of 4
Packet Pg.421
C.18.b
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C110) Page 3 of 4
Packet Pg.422
C.18.b
This Easement Agreement is executed as of the date first above written.
PROP RTY OWNS PROPERTY OWNER:
Signature Signature
�.„ c—k .
Printed Name Printed Name
Date Date
STATE OF
COUNTY OF [� ..�1 . U)
The foregoing instrument was acknowledged before me this day of ..
r .. q 20 I
by
Property Owner Name(s) 06
Notary Public State m!Florida
ota�Public natur OA My Commission E ife Jessica L WeUaceSignature c: My t's►rnmisdian aG 253802
�iw E a5/2112021 g,
------ cc
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: I
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ED AS
y p .��9a e� � ) ASSt�ANT NTY A 'RE 9 "4 of 4
Key West International Airport NIP-Avi anon Easement Unit#C110 Pa e
ate__-, F 2 / Packet Pg.423
rre area t2v ana Keturn i o:
Heather P. Faubert C.18.b
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20J C , by"DANIEL V. MEADOWS & KIMBERLY R. MEADOWS", hereinafter referred to E
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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') JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit 111-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, FL.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C111"
N
Ir-
�s
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 W
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
Key West International Airport NIP-Avigation Easement(Unit#C111) Page 1 of 4
Packet Pg.424
C.18.b
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject <
Property through the NI P,the receipt and adequacy of which is hereby acknowledged by both
a.
parties, and in consideration and incorporation into this Avigation Easement of the recitals U
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 LO
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 W
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#C111) Page 2 of 4
Packet Pg.425
C.18.b
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 4)
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(Unit#C111) Page 3 of 4
Packet Pg.426
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPE TY OWNER:
I M- 51e-�
&atureSignature
d, ®� S
Printed Name Printed Name
I i / 1-7
Date Date
STATE OF Eur
COUNTY OF U)
M
The foregoing instrument was acknowledged before me this day of , 20
LM
by-:
1 1 ll uk ` >
Property Owner Name(s) 06
us
ey�� i�State®fi Florid.
My Commissio Jessi' L la
;ta#Public Signature QP fy"ViL
W) y ommistion GG 253 02
E 05/21/2021 t 3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
M E N
APWN ED A
Key West International Airport NIP-Avigation Easement(Unit#C111) Page 4 of 4
J,51' `" ° AUNTY Arr N
^te � Packet Pg.427
NIP Assistant Project LManage C.18.b Heather P. Faubert
r
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"RANDAL SCOTT MCDONALD & ELIZABETH KAY MCDONALD", Wereinafter E
referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." W
RECITALS: >
06
A. The Property Owner is the fee simple titleholder to certain real property("the Property') JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit No. 112-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C112"
N
Ir-
�s
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 W
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
Key West International Airport NIP-Avigation Easement(Unit#C112) Page 1 of 4
Packet Pg.428
C.18.b
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.
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport E
Improvement Program Handbook. U)
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject JA
Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both
a.
parties, and in consideration and incorporation into this Avigation Easement of the recitals U
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 LO
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 W
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#C112) Page 2 of 4
Packet Pg.429
C.18.b
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, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C112) Page 3 of 4
Packet Pg.430
C.18.b
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY O N E R:
UPI
Signature Signature
Printed Name Printed Name
Date Date
STATE OF of °'
COUNTY OF U)
cu
The foregoing instrument was acknowledged before me this day of (6 , 20
by_ a 1
Property Owner Name(s) 06
Nw
Nary Public ofFlorida
My Commission Jess' L llIL
tary Public Signature ` ExpiComm res ist 2 5
MONROE COUNTY BOARD OF COUNTY COMMIS
WITNESSES: MAYOR: iO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
RNEY
Key West International Airport NIP-Avigation Easement(Unit#C112) age 4 of 4
—
ASSIST D M � �R �A RN7 Packet Pg.431
(7ate�„�,,, E
C.18.c
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this J. day of ka 20
E
20_fi , by "DENVER R. OWENS & MARY ALICE S. OWENS", hereinafter referred to as U)
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY W
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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: IL
U
Condominium Unit No. 113-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C113"
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C113) Page 1 of 4
Packet Pg.432
C.18.c
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 7
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 U)
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. >
JA
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 LO
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#C113) Page 2 of 4
Packet Pg.433
C.18.c
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 E
arising under this Agreement, or to recover damages by reason of any alleged breach of U)
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. M
a�
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 beJA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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. U
(n
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 W
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.
Key West International Airport NIP—Avigation Easement(Unit#C113) Page 3 of 4
Packet Pg.434
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
Printed Name Printed Narfe
14
Date Date I U)
STATE OF TLoQihiA 0
U)
COUNTY OF MOA Rot
The foregoing instrument was acknowledged before'me this Ll day of _V'eU1 t Q VLA 20
by M 01 CU
Property Owner Name(s) 06
Notary Public State of Florida
AJA& UMy Commission Expire Jessica L WallaceIL
otary Public Signature gc My Commistlon GG 253802
p� Expires O5/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20_
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
,WRNEY
pOVE AM
y p g ( ) ,t� a 4 of 4
Key West International Airport NIP—Avi ation Easement Unit#C113 e d`2�^�� P
T OUNTYA, RN
ate-_,, � Packet Pg.435
Prepared 13Y and Keturn I o:
Heather P. Faubert C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of J " V'
20 , by"BRUCE D. TROUTMAN & KAREN J. LANGE", hereinafter referre o as"the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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') JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit No. 114-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C114"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C114) Page 1 of 4
Packet Pg.436
C.18.c
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.
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport E
Improvement Program Handbook.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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 W
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#C114) Page 2 of 4
Packet Pg.437
C.18.c
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C114) Page 3 of 4
Packet Pg.438
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER-
Sign ture d Signature
v LLS l r ,�n v ✓�
Printed Name Printed Name
l
Date Date
STATE OF bC t
COUNTY OF as
The foregoing instrument was acknowledged before me this day of , 20 l
by-- >
Property Owner Name(s) 06
Noterl putlic State Floridassita ?�
allace
My Commissio J y commission
ion G 253.60
IL
Lffitary Public Signature Expires 0512112021
MONROE COUNTY BOARD OF COUNTY COMMIS
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ED
Key West International Airport NIP—Avigation Easement(Unit#C114) Ash O J:„ Pag E 4
PEDR ER GA h1l�i�
at �..�.�.m
Packet Pg.439
� ,
r1 V1Jd1 VU CV d11U RUIUIII 1 V.
Heather P. Faubert C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 2�"day ofYJ
20 by"MICHAEL A. WAHLGREN & NICOLE A. WALGREN", hereinafter referred to E
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: >
06
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 116-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C116"
N
�s
B. The BOCC is the owner and operatorof 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 <
p g pay for the installation of
improvements and modifications to the Property Owner's Property necessary to reduce W
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
Key West International Airport NIP—Avigation Easement(Unit#C116) Page 1 of 4
Packet Pg.440
C.18.c
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.
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport E
Improvement Program Handbook. U)
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject JA
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 �s
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 LO
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 W
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#C116) Page 2 of 4
Packet Pg.441
C.18.c
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, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C116) Page 3 of 4
Packet Pg.442
This Easement Agreement is executed as of the date first above written.
PRO PE PR ER OWNER:
Signature Signatur73
e
a-�1,t'�-
Printed Name Printed Name
110il --------I
Date Date
STATE OF Tlof-dg
E
COUNTY OF--taLU 0
-a2e, U)
M
W
The -J foregoing instrument was acknowledged before me this day of 20 a�- C)k�1 �1 M
by M
Property Owner Name(s)
OP Notary Public State of Florida 0
My Commissio Jessica L Wallace
otary Public Signature y Commistion G
�- M
Wf) Expires 05/21/202G 2536021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR:
Signature
C14
Signature
Printed Name
Printed Name
z
Signature W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 20
by <
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
E COU RN
OVE
40 A
Key West International Airport NIP-Avigation Easement(Unit#C1 16) 4 of 4
N. TAT UN7 XTO 7 Packet Pg.443
Date
Prepared By and Return To: C.18.c
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT
"HEIRS DEVISEES into
ESTATE OF ERNEST err w 0
« Y YANT", E
Y H
hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD W
OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as
"BOCC."
a�
RECITALS:
JA
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:
Condominium Unit No. 117-C, CORAL BAY GARDENS 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, Page 370, as amended LO
from time to time, of the Public Records of Monroe County, Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C117"
�s
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 W
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#C117) Page 1 of 4
Packet Pg.444
C.18.c
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 M
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.
JA
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 LO
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. W
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
Key West International Airport NIP—Avigation Easement(Unit#C117) Page 2 of 4
Packet Pg.445
C.18.c
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 0
counsel to enforce any of the provisions herein or protect its interest in any matter 0
arising under this Agreement, or to recover damages by reason of any alleged breach of M
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
JA
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.
�s
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 LO
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 W
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.
Key West International Airport NIP—Avigation Easement(Unit#C117) Page 3 of 4
Packet Pg.446
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
, �. .. � �
Signature Signature
Print d Named' t, v,
W, -ten Printed Name
Date Date
STATE OF
COUNTY OF Q �* .. as
M
The foregoing Instrument was acknowledged before me this day of 20 I
a®
by
Property„yw
Owner Name(s) 06
V►Y Notary Public State of Florida
Notary Public Signature Jamie Nicole Kli 230052 IL
man
My Commission Expire My Commission Gn man
g a w� Expires 06/19/2022 l 3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: in
Signature
Signature
Printed Name
Printed Name U
Signature
Date
Printed Name W
STATE OF FLORIDA >
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Notary Public Signature My Commission Expires:
01" NROE CO A N
N
61-
Key West International Airport NIP—Avigation Easement(Unit#C117) ge 4 of 4
PEDR J.MERC .,
ASSCT RN
Date„ b Packet Pg.447
Pre ared B and Return To. C.18.c
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
20 f b CHRISTOPHER CHARLES HORVATH & CAROz
THIS EASEMENT AGREEMENT is entered into this ® day of � dry '
y L LEE HORVATH", 0
hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD W
OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as
"BOCC."
a�
RECITALS: JA
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:
Condominium Unit 118-C, CORAL BAY GARDENS 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, Page 370, as amended from time to LO
time, of the Public Records of Monroe County, Florida.
N
also identified as street address: "2601 S. Roosevelt Blvd., Unit C118"
�s
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 E
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#C118) Page 1 of 4
Packet Pg.448
C.18.c
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. 0
0
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport W
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.
06
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: IL
1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all LO
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 �s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C118) Page 2 of 4
Packet Pg.449
C.18.c
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.
U)
C
5. Should either party hereto or any of their successors or assigns in interest retain E
counsel to enforce any of the provisions herein or protect its interest in any matter U)
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 JA
party or that party's legal representative drafted such provision. This Agreement shall be
a.
interpreted and construed according to the laws of the State of Florida. U
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 LO
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 W
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.
Key West International Airport NIP—Avigation Easement(Unit#C118) Page 3 of 4
Packet Pg.450
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signa ure
Printed Name Printed Name
y t4° I
Date Date
STATE OF E
COUNTY OF ; M
The foregoing instrument was acknowledged before me this day of� 20
b
06
Property Owner Name(s)
IL
My Comrt)ission Expires:
No ary Public Signatp
IL
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date "
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE E
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
NROE U A RN
7
Y P 9 ( ) �. e a � ,
Key West International Airport NIP—Avi ation Easement Unit#C118 �41WUXNVR,
—PVIWof 4
ASS1Al'T "Rh EY Packet Pg.451
C.18.c
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
U)
THIS EASEMENT
by GREGORY S. WILSONe as PERSONAL red into this day of E
2019 REPRESENTATIV of the ESTATE
OF SHERMAN MCVEIGH BYWATER, DECEASED", 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.
A. The Property Owner is the fee simple titleholder to certain real property ("the Property") U
located in Monroe County, Florida, more particularly described as follows: Cb
Condominium Unit 119-C, CORAL BAY GARDEN 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, Page 370, as amended from time to LO
time, of the Public Records of Monroe County, Florida.
N
also identified as street address: "2601 S. Roosevelt Blvd., Unit C119" �?
�s
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 p 9 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 E
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#C119) Page 1 of 4
Packet Pg.452
C.18.c
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 E
accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport
Improvement Program Handbook.
a�
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth. JA
IL
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:
LO
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 (n
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easement.
(n
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 W
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
KeyWest International Airport NIP _mmm_ ........ _.. .,.. _.......... _A,,,. ..........
p —Avigation Easement(Unit#C119) Page 2 of 4
Packet Pg.453
C.18.c
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.
0
5. Should either party hereto or any of their successors or assigns in interest retain U)
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.
JA
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 LO
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 (n
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 W
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.
kWlk st Inter..._ --al" i p�.. .—1P 9- s'e-. ...(.., e .._-..-.'.. ..., .......
.. .. _...... .. .,..Page 3 of 4....,w.
y national Air ort NIP-Aw ation Easement Unit#C119
Packet Pg.454
C.18.c
This Easement Agreement is executed as of the date first above written.
..__. ........ .._ ._........_. _ ........._.... . � � �. _......�
PROPERTY OWNER: PROPERTY OWNER:
� Re resentative oft e � i natoure
Si n re reg ry on,as Per onal
_.._ _
Estate of herman McVeigh Bywater,Deceased)
Printed Nae
Printed Name
888
Date Date
U)
STATE OF_
COUNTY OF o
The foregoing instrument was acknowledged before me this iiay of m �, ' 20
b (" _
" .. Prop ys ��a�.
y�mm .G re . a� l G'4
.'Ya.. O
e ow ner Name
) � � -"u ,
e,^
Not ubl Si nature .. My Commission Expir co
ry' g " _ . .. _ LNOTAFtYPUBLIC
co
_.,..,_ _. , _ ..o..�� _ �...._m._.m... _ E F FLORIDA �
F.xph+ee 1/11/2020
�. r. _.... .. .�. m........... �dd .� _._m�.�.w m.�......_... .., �ni'm ..�
LO
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
�s
Signature
�... � �.. .�..... .�
Si gnature , ..,...�_A,.,... .
Printed Name . ...�...,�.................... �
Printed Name. w._........
Signature
.. ... . ��_.
Printed Name - Date >
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of_ _ _ , 20
bY. .� ��
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
_�,iary,..�u611 g._,..-.r..__.._,,.. ... ...��..m..__................................ � My Commission Expires:
Nola Public Si nature
_ee... . ....,..�,.. ._..._..w a. ,..._ .........,_ _A....�,
IF �«
_ _ l.. . ..
Key West International Airport NIP. ..Aviga. � . ._19) . . � PE ....� o ........_...
lion Easement(Unit#C119) Page 4 of 4
D J.
1ST ATTO
d N Packet Pg.455
not& E�„b2 R
Prepared By and Return To: C.18.c
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this _ day of
20 , b "MONICA L. MUNOZ" hereinafter referred to as"the Property Owner,"in favor of
Y N Y 0
the ONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
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: IL
U
Condominium Unit No. 120-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C120"
N
�s
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").
W
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
Key West International Airport NIP—Avigation Easement(Unit#C120) Page 1 of 4
Packet Pg.456
C.18.c
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.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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. �s
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 �s
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#C120) Page 2 of 4
Packet Pg.457
C.18.c
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 6
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C120) Page 3 of 4
Packet Pg.458
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
Mop,( (YI
Printed Name Printed Name
Date Date
STATEOF
COUNTY OF ( U)
M
c
The foregoing instrument was acknowledged before me this ay of , 20
b C�f11 CSC 1��1 <
Property Owner Name(s) 06
Notary Public State of Florida
My Commission it Jessica L Wallace IL
My commiscon GG 253602
otary Public Signature or Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature gj
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
P FOW
Key West International Airport NIP-Avigation Easement(Unit#C120) 'm Page 4 of 4
Packet Pg.459
HeatheeP.BFaube Return 70: C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
.. � ��
THIS EASEMENT AGREEMENT is entered into this S;4—_ day of ,
20 , by"LILA JO MILLER", hereinafter referred to as"the Property Owner," in favo of the E
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
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: IL
U
Condominium Unit No. 121-C, CORAL BAY GARDENS 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, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C121"
N
�s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C121) Page 1 of 4
Packet Pg.460
C.18.c
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C121) Page 2 of 4
Packet Pg.461
C.18.c
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C121) Page 3 of 4
Packet Pg.462
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
/elf
Printed Name Printed Name
Date Date
STATE OF
0
COUNTY OF _ « U)
c
The foregoing instrument was acknowledged before me this day of , 20
by 1� l� C'
Property Owner Name(s) 06
#0 Notary PuWie State of Florida
My Commissio Jessica L Wallace IL
;=lary Public Signature rAc ECo'S �G2G 253602 g,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE CD
OVE
Key West International Airport NIP-Avigation Easement(Unit#C121) S A T OU AM N Page 4 of 4
te-..—�.,� mm Packet Pg.463
Prepared By and Return To:
Heather P. Faubert C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THI EASEMENT AGREEMENT is entered into this _ day of
20M, by"MARTIN E. LEHMANN & SHARON S. LEHMANN", hereinafter referrM to as
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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") JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit No. 122-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C122"
N
�s
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 W
interior noise levels at least 5 d6 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
Key West International Airport NIP—Avigation Easement(Unit#C122) Page 1 of 4
Packet Pg.464
C.18.c
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
JA
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
LO
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#C122) Page 2 of 4
Packet Pg.465
C.18.c
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C122) Page 3 of 4
Packet Pg.466
C.18.c
This Easement Agreement is executed as of the date first above written.
PR PERTY OWNE PROPERTY OWNER:
/ -Signature Signature
AAR ii d L, l �,4 -L) 5
Printed Name Printed Name
1
z v�//-� ()� 10 19
Date Date
ff
STATE OF I()Y"I �,
COUNTY OF M U)
c
The foregoing instrument was acknowledged before me this day of C\l) J , 20
by
Property Owner Name(s) 06
�►�" Notary Public State of Florida
Jessica L Wallace
My Commission E if>�s. My Commislion GG 253602
tary Public Signature a w Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
i
�..e..
Key West International Airport NIP—Avigation Easement(Unit#C122) ASSIS R EY Page 4 of 4
ate`'' i
� —. I Packet Pg.467
yrel2area tsy and Keturn i o:
Heather P. Faubert C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this y da of LL r
20+thMONROE
by CHERYL L. ZANELLO , hereinafter referred
to as the Property Owner," in favor �
of COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
corporate, hereinafter referred to as "BOCC."
RECITALS: >
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 123-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C123"
N
�s
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 <
p g pay for the installation of
improvements and modifications to the Property Owner's Property necessary to reduce W
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
Key West International Airport NIP—Avigation Easement(Unit#C123) Page 1 of 4
Packet Pg.468
C.18.c
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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#C123) � Page 2 of 4
Packet Pg.469
C.18.c
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, U)
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. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C123) Page 3 of 4
Packet Pg.470
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Si nature Signature
Printed Printed Name
Date Date
STATE OF
COUNTY OF U)
M
The foregoing instrument was acknowledged before me this day of 2ola
by l l >
Property Owner Name(s) 06
NOMY Public State of Florida
f Jessica L Wallace
My Commissi s' My commislion GG 253602
IL
JaU�PubrA�ignature Explres 0512112021
or U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
COU, ITTRINLY
ED ,
Key West International Airport NIP—Avigation Easement(Unit#C123) ASSIS,,, UNIX "TO EY Page 4 of 4
Date ) _r
Packet Pg.471
Prepared tiy and Keturn I o:
Heather P. Faubert C.18.c
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thisV day of
20 by "MICHELLE MORGANTE", hereinafter referred to as "the Property Ow her," in E
favorof the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic U)
and corporate, hereinafter referred to as "BOCC."
RECITALS: >
06
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
IL
Condominium Unit No. 124-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C124"
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C124) Page 1 of 4
Packet Pg.472
C.18.c
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.
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 botha.
parties, and in consideration and incorporation into this Avigation Easement of the recitals U
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 LO
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 W
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#C124) Page 2 of 4
Packet Pg.473
C.18.c
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, U)
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. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C124) Page 3 of 4
Packet Pg.474
C.18.c
This Easement Agreement is executed as of the date first above written.
PROPER OWNER: PROPERTY OWNER:
" Ul(r' f,"AAA
Signatu B Signature
a j(
Printed Name M 04--ko, Printed Name
Date Date
STATE OF C) t
COUNTY OF U)
cu
The foregoing instrument
was acknowledged before me this day of �N 'ofsk �Lwali� l ~ 0
by 1 ,. ' ( 1`� IA
r less
Property Owner Name(s) or Expkes 05121/206
m w U8
et State of Florida
My Commission E i s o���253802IL
;a�Pubric Signature
x g 1 21 i s
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
M
Key West International Airport NIP—Avigation Easement(Unit#C124) � ,� � Pale 4 of 4
71
27
Date . -, ,o� Packet Pg.475
Prepared By and Return To:
Heather P. Faubert C.18.d
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 by"WILLIAM D. SCHENCK JR. & HANNA SCHENCK", hereinafter referred to as E
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
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:
�s
Condominium Unit 201-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, FL. i
also identified as street address: "2601 S. Roosevelt Blvd., Unit C201"
N
�s
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C201) Page 1 of 4
Packet Pg.476
C.18.d
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 0
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject U)
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 LO
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. �s
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 �s
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#C201) Page 2 of 4
Packet Pg.477
C.18.d
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 or1he 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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 �s
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 0
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(Unit#C201) Page 3 of 4
Packet Pg.478
This Easement Agreement is executed as of the date first above written.
�R PE 0 NE P7E'1 OWN
nature S igna e
t
7-A
Printed Name Printed Name
Date Date
STATE OF Duda E
0
COUNTY OF U)
M
W
A
The foregoing instrument was acknowledged before me this ay of 20—L::j
2M
Y-N >
Property Owner Name(s) 06
Florida
Notary Public state or
F'Ojj 0
J, L Walla
My Commission Expires: Jessica L Wallace IL
Expires
GG 253602
0 1
'Ou
fjotary Public Signature Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR:
Signature
C14
Signature
Printed Name Q
C14
Printed Name
z
Signature W
2
W
Date
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 120
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
-----------------
E op"
Key West International Airport NIP—Avigation Easement(Unit#C201) Gouwy RN Page 4 of 4
ate— Packet Pg.479
Prepared Ry and Return To:
Heather P. Faubert C.18.d
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 4C day of
20 , by"2601 ROOSEVELT LLC", hereinafter referred to as"the Property er,"in favor
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
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:
�s
Condominium Unit 202-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium,
together with an undivided interest in the common elements, according to the Declaration of Fn
Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: 112601 S. Roosevelt Blvd., Unit C202"
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C202) � Page 1 of 4
Packet Pg.480
C.18.d
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C202) Page 2 of 4
Packet Pg.481
C.18.d
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit C202) Page 3 of
Packet Pg.482
This Easement Agreement is executed as of the date first above written.
PLOP TY OWN PROPERTY OWNER:
S' natur Signature
Printed Name Printed Name
Date 7 Date
STATE OF TIOr-tid C1
E
0
COUNTY OF (n
M
W
The foreg ' g instrument was acknowledged before me this L)"day of 20
2
by EC(15 >
Property Owner Name(s)
Notary Public State of Florida
My Commissio Jessica L Wallace 0
V
My Commistion GG 253602 IL
Expires 05121/2021 Vary Public Signature or
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR:
Signature
Signature C14
Printed Name
C14
Printed Name
z
Signature W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 20—
by <
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
NROE AITORNEW"',
E
�FORM
'0
Key West International Airport NIP-Avigation Easement(Unit#C202) PED) 0 J.MERCAD(')____-r1 Page 4 of 4
-.7
T I
ASSIQS�' -00VNW A
271V Packet Pg.483
Pre eared By and Return To.
Heather P. Faubert C.18.d
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
r.r ,
THIS EASEMENT AGREEMENT is entered into this ay of ; mUXYLI
20 a , by "MICHAEL H. BONNER & JULIA BONNER", hereinafter referred 1,d as "the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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: IL
U
Condominium Unit 203-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C203"
N
�s
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C203) Page 1 of 4
Packet Pg.484
C.18.d
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C203) Page 2 of 4
Packet Pg.485
C.18.d
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C203) Page 3 of 4
Packet Pg.486
C.18.d
This Easement Agreement is executed as of the date first above written.
PROPRTY OWNER: PROPERTY OW R:
Signatul` ure
Printed Name Printed Name
Date ' Date
. us
dd
STATE OF i t
0
COUNTY OF MWT U)
The foregoing instrument was acknowledged before me this I day of , 20
by
_� �_� .
�_ ,
Property Owner Name(s) 06
. uy
Notary Public State of Florida
L
My Commissio A*�e * a 7- COL
ot�Publricnature OP KPIFOS 2112021 U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
PE
Key West International Airport NIP-Avigation Easement(Unit#C203) ASSISTANT UNTY-. E "-" age 4 of 4
s
to .._,. Packet Pg.487
Prepared By and Return To_:
Heather P. Faubert C.18.d
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this ay of
20 1 q, by "SCOTT D. MAURER & CHARITY MAURER", hereinafter referred to as "the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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:
�s
Condominium Unit No. 204-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C204"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C204) Page 1 of 4
Packet Pg.488
C.18.d
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C204) Page 2 of 4
Packet Pg.489
C.18.d
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit C204) Page 3 of
Packet Pg.490
C.18.d
This Easement Agree e � executed as of the date first above written.
Z ,
PROPEL
PROPERTY OWNER:
71
Si natutrs " Signature
'ey c_ N,(C
Printed Name Printed Name
Date Date `
STATE OF l 1p ldG..
COUNTY OF (in M2— U)
The foregoing instrument was acknowledged before me this day of 20a
by `1 � �. ' .
� .��,.�.._ � �t' ..� Property Owner'� �.� �
Name(s) 06
ov EyryULU M Commissioessica L is State of Floriday Wallacetary Public Signature y Commislion GG 253602xpires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
P OVED FRM
EDP — _...Pa.
Key West International Airport NIP—Avigation Easement(Unit#C204) * U Page 4 of 4
t __..� �
Packet Pg.491
Pre ared BXand Return To. C.18.d
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION
Key West International Airport
NoiseInsulation Program
THIS EASEMENT AGREEMENT is entered into this r7 day of 3- °"112 y
by J ., MORLEY D. E
1 ", hereinafter referred to as M
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
Condominium Unit No. 205-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium according to the Declaration of Condominium thereof, recorded in Official Records
Book 589, Pages 370 et al., of the Public Records of Monroe County, Florida, together with all LO
appurtenances thereto, including an undivided .4849% interest in the common elements of said
Condominium as set forth in the Declaration thereof.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C205" s
N
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"). �s
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 0
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#C205) Page 1 of 4
Packet Pg.492
C.18.d
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.
0
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airportcu
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.
06
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 LO
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 s
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.
KeyWest International Airport NIP—Avi ation �����������������������...........................� �rp g .,_o Easement(Unit#C205) Page 2 of 4
Packet Pg.493
C.18.d
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, W
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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 beJA
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 LO
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 s
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 W
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 E
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.
.................................. �..� tititi � m �m . ...m.. _ mw „ , ... ..... .,.
Key West International Airport NIP—Avigation Easement(Unit#C205) Page 3 of 4
Packet Pg.494
C.18.d
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
....
�ure Sig
nature °Signat ... .
mre �° Printed Name
4Date Da
Kyle W.Adams
STATE OF !i®t`a��r� Notary Public E
COUNTY OF r`1 r-S Mate of Florida U)
My Comm. Expires 10/24/2020 W
Commission No.GG 41567
The foregoing instrument was acknowledged before me this ay o of 20
by—K44--�ba���� .............
Pro06
perty Owner Name(s)
Noeaiure `m_"' .. _ My Commission Expires: IL
w 0_ .._.............................................. _ .� . .-
.._......._............_._..�_. �.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: z
LO
WITNESSES: MAYOR:
Signature
....................._. cv
Signature U
Printed Nam®
cv
._
Printed Name ""
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE E
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
Nota _..Signa—gn.�..t.._turee.................._.._..._ My Commission Expires:
ry Public
- m-- ...... ....... .......................
��� ANE
PP OVED FRM
PEDRO �..
...�....._..... .......
Key West International Airport NIP—Avigation Easement(Unit#C205) Y Page 4 of 4
Tate . Packet Pg.495
Prepared By and Return To:
Heather P. Faubert C.18.d
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 by"JOSEPH SCHAEFER & DONNA SCHAEFER", hereinafter referred teas"the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
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:
�s
Condominium Unit No. 206-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C206"
N
�s
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C206) Page 1 of 4
Packet Pg.496
C.18.d
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 E
Improvement Program Handbook. M
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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. �s
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 �s
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#C206) Page 2 of 4
Packet Pg.497
C.18.d
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C206) Page 3 of 4
Packet Pg.498
C.18.d
This Easement Agreement is executed as of the date first above written.
PROPERTY.OWNE .. r PR
OPERTY OWNER:
'k 11-0-9 LVA
Signature � � �m ,n ..igrature
Printed NTed
Printed Name
Date Date
STATE OF �..��'�Il(�
E
COUNTY OF �" �.Or)�U
M
The foregoing instrument was acknowledged before me this day of JAWLnf-u. , 20 Cc
P _ > . >
by Pon n
f Property Owner Name(s)
I oV a Notary Public State of Fbride 0
IL
ota Publi d� My Commissioi' Jessica L Wallace
ry c Signature +�c My Commistion GG 253602
Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature
U
Printed Name
cv
U
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ONANEY
PpOV® m FORM
Key West International Airport NIP—Avigation Easement(unit#C206) Page 4 of 4
AS$, T 'COUNT �
Date�„ ,F
'" Packet Pg.499
Prepared By and Return To: C.18.d
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
.,
THIS EASEMENT AGREEMENT is entered into this day of a
20 , by"ALBERT R. ROMANO & JAMES T. NEWBURY", hereinafter referred 16 as"the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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:
�s
Condominium Unit No. 207-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C207"
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C207) Page 1 of
Packet Pg. 500
C.18.d
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject <
Property through the NI P,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
LO
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#C207) Page 2 of.5`
Packet Pg. 501
C.18.d
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C207) Page 3 of
Packet Pg. 502
C.18.d
This Easement Agreement is executed as of the date first above written.
PR RTY/„ PROPERTY OWNER:
- .�e. _.°...
Signature Signature
Printed Name Printed Name
Date Date
STATE OF I OC 1 C
COUNTY OF MQD U)
c
The foregoing instrument was acknowledged before me this day of . 20jq
by >
Property Owner Name(s) 06
ilwf)
Notary Public State of Florida
y M Commission Ex Jessica L Wallacetary PublicSignature My Commislion GG 253602Expires 05/21/2021 U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: .
Signature
Signature
Printed Name
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
E COUNTY PINEY
Key West International Airport NIP—Avigation Easement(Unit#C207) ST DR'" "J' MF
�j'(y q" "' Page 4 of
ASSI RN
Packet Pg. 503
...
C.18.d
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signatur
4-
Printed Name Printed Name
Date Date
STATE OF
COUNTY OF U)
The foregoing instrument was acknowledged before me this day of ° 20
Property ner Name(s)
� s88
�aryPubfic`
IL
,"ZL-
s na My Commi sion Expires:Sig ture ICOL.E FROST public�State of Connecticut
My Commission Expires July 31,2019
------
MONROE COUNTYI I NER :
WITNESSES: MAYOR: LO
_...._.. _... �. .�
Signature
Signature
Printed Name .__...._.
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
U RNEY
AAERC
'keyj �_... �W—.�. ...h� ............... ........��a.� .mm
West nternat oonal Airport NIP—Avigation Easement(Unit#C207) ASSISTANT hy cFage 5of v"
Date d
Packet Pg. 504
Prepared By and Return To: C.18.d
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this1-6-�da-yof �
20—a, by "STEVEN COLBETT LIBERATORE", hereinafter referred to as "the Koperty 0
Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a W
body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
Condominium Unit No. 207 S-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C207S"
N
�s
B. The BOCC is the owner and operatorof 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
Key West International Airport NIP—Avigation Easement(Unit#C207S) Page 1of 4
Packet Pg. 505
C.18.d
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 0
Improvement Program Handbook. W
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth. >
JA
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 LO
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 s
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#C207S) Page 2 of 4
Packet Pg. 506
C.18.d
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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 beJA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 E
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(Unit#C207S) Page 3 of 4
Packet Pg. 507
C.18.d
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
v
Signature Signature
Printed Name Printed Name
l m,,2
Date Date
STATE OF
EO`c�IC�
n 0
COUNTY OF 'lO� M
1
The foregoing instrument was acknowledged before me this day of Q rut 20
by3tq-epajL 06Property Owner Name(s)
Notary Public State of Florida
My Commiss R Jessi' L Walla
tary Public Signature c My Commison GG 253602 U
Expires 05/2112021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: .
Signature
Signature U
Printed Name cy
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONRO
The foregoing instrument was acknowledged before me this day of 0
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE RNEY
�µ.
Key West International Airport NIP—Avigation Easement(Unit#C20 P MF: RCADO Page 4 of 4
ASSt�A[ COUNTY �RN
Packet Pg. 508
.. .
Prepared By and Return To: C.18.d
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this Aay of
20�, by"CARL H. MCMACKIN & PATRICIA L. MCMACKIN", hereinafter re rred to as 0
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
�s
Condominium Unit No. 208-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C208"
N
�s
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
desires to make properties that, through interior noise exposure testing, are determined �s
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
Key West International Airport NIP—Avigation Easement(Unit#C208) Page 1 of 4
Packet Pg. 509
C.18.d
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 0
Improvement Program Handbook. W
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
JA
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 LO
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. W
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#C208) Page 2 of 4
Packet Pg. 510
C.18.d
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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 beJA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 E
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(Unit#C208) Page 3 of 4
Packet Pg. 511
Prepared By and Return To: C.18.d
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 by "CONSTANTINOS ARVANITIS & JANNOULA ARVANITIS", herVinafter
referred to as"the Property Owner," in favorof the MONROE COUNTY BOARD OF COUNTY U)
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:
�s
Condominium Unit No. 209-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a
condominium, together with an undivided interest in the common elements, according to the Fn
Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C209"
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C209) Page 1 of 4
Packet Pg. 512
C.18.d
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 E
Improvement Program Handbook.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C209) Page 2 of 4
Packet Pg. 513
C.18.d
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C209) Page 3 of 4
Packet Pg. 514
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
/III .ot
-&. &Ay" 41 —
Signature Signature
XJ^
Aintedl2N/aame Printed Name
/ 2 ?i*
Date Date 1
STATE OF
E
COUNTY OF 0
U)
M
W
The foregoing instrument was acknowledged before me this—a�day of 0
by >
Property Owner Name(s) <
06
U)
Notary Pudic State of Horde
My Commission E Jessica L Wallace 0
o4tary Public Signature My CommisMon GG 253602 IL
y Expires 05/21/2021
................MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: IL
WITNESSES: MAYOR: LO
Signature C)
Q
Signature C14
Printed Name
C14
Printed Name
Signature z
W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20— E
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
N ECO ' "IINEY
%A
Key West International Airport NIP-Avigation Easement(Unit#C209) ASSISTANT 00UNTY ATTORNEY
Packet Pg. 515
Prepared By and Return To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
SI
THIS EASEMENT AGREEMENT is entered into this2-�'dayof �' ...,
20 by"ALBERT R. ROMANO", hereinafter referred to as"the Property Owner,14fii favor E
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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: IL
U
Unit No. 212-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, AND THE
Condominium Plans as recorded in Graphics Book #1, of the Public Records of Monroe County,
LO
Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C212"
�s
N
Ir-
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#C212) Page 1 of 4
Packet Pg. 516
C.18.e
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.
0
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport cu
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.
JA
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 LO
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
Key West International Airport NIP—Avigation Easement(Unit#C212) Page 2 of 4
Packet Pg. 517
C.18.e
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 0
counsel to enforce any of the provisions herein or protect its interest in any matter E
arising under this Agreement, or to recover damages by reason of any alleged breach of Cu
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
JA
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.
�s
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 LO
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 �s
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 �s
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 0
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.
Key West International Airport NIP—Avigation Easement(Unit#C212) Page 3 of 4
Packet Pg. 518
C.18.e
This Easeme em nt is executed as of the date first above written.
P O E O -R: PROPERTY OWNER:
e
Signature Signature
Printed Name Printed Name
Date Date
STATE OF Y"1 , o
COUNTY OF c
The foregoing instrument was acknowledged before me this day of lan N 20 2
by <
Property Owner Name(s) 06
t�
Notary Public State of Florida
My Comissi es' Jest LWallace
IL
N tary Public Signature Expires Co 5/ 120211 253002
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature td
Printed Name
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature _.
�.. B E coulA RNE ,
OVE
e
Key West International Airport NIP—Avigation Easement(Unit#C212) ASSRSvTAId CO11� TTt7 EY Page 4 of 4
Y ,. e
Date_.�, P - I Packet Pg. 519
Pre2ared By and Return To: C.18.e
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this _ da of
o
20 , by"JAMES T. MCDERMOTT & SUSAN M. MCDERMOTT", hereinafter referred to
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: 06
JA
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:
�s
Unit No. 213-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C213"
N
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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
Key West International Airport NIP Avigation Easement(Unit#C213) Page 1 of 4
Packet Pg. 520
C.18.e
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.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
JA
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 LO
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. �s
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 �s
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#C213) Page 2 of 4
Packet Pg. 521
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C213) Page 3 of 4
Packet Pg. 522
C.18.e
This Easement Agreement is ex ted as of the date first above written.
P O ERTY O PR ERTY OWNE
�1
Sig a re Signature
Pr n ed ame Printed Name
Date Date
STATE OF �[(
I 0
COUNTY OF t " OIO U)
w
c
The foregoing instrument was acknowledged before me this day of 9 , 20 j
byp
Property Owner Name(s) 06
�,V' Notary Public State of Florida
M U owl M Commission r� Jessica Wallace
y My CommisAion GG 253602
4J6"taryPublic Signature pia Expires 05/21/2021 t3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature g,
cv
Printed Name
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
C U AINEY
' P
ww�
PMERCADO
Key West International Airport NIP-Avigation Easement(Unit#C213) *' --Page-4 6f4
- Packet Pg. 523
C.18.e
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this day of t E
20�,by"BRIDGET STEFAN&GEERT KAUSCH", hereinafter referred to as"the Property M
Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a
body politic and corporate, hereinafter referred to as "BOCC." c
a�
RECITALS: 06
rA
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:
Condominium Unit 214-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, FL. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C214"
ed
ed
�s
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 W
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 E
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
Key West International Airport NIP—Avigation Easement(Unit#C214) Pagel of 4
Packet Pg. 524
C.18.e
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.
0
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport M
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.
JA
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
a.
Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both U
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 LO
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 W
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 . —A iga .. �m n......... .. ....� � ,n... ..m_ �a_ge.__.—
emational Airport NIP—Avigation Easement(Unit#C214) Page 2 of 4
Packet Pg. 525
C.18.e
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.
7
5. Should either party hereto or any of their successors or assigns in interest retain 0
counsel to enforce any of the provisions herein or protect its interest in any matter 0
arising under this Agreement, or to recover damages by reason of any alleged breach of M
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.
a�
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 JA
interpreted and construed according to the laws of the State of Florida.
�s
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 LO
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. U
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 W
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 W
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.
Key West International Airport NIP—Avigation Easement(Unit#C214) Page 3 of 4
Packet Pg. 526
C.18.e
This Easement Agreement is executed as of the date first above written.
PROP .RTY OWNER; PROPERTY OWNER:
nature e Signature
O UT 11
Printed me
a ..
Printed Nape �
Date UaW 7
STATE OFA&_ F rrs a}* U)
COUNTY OF ®F '`O
The foregoing instrument was acknowledged before me this day of 1 20
by S06
Property Owner Name(s) ?�
Y �3
M Commission fires:
No'Tgry Public Signature
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
rO
WITNESSES: MAYOR:
Signature
Signature
Printed Name
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE CO RNEY
PP OVIE RM
Key West International Airport NIP—Avigation Easement(Unit#C214) PEDRO .MERCA P of 4
y
C M NEY
Date
Packet Pg. 527
Prepared By and Return To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THI ASEMENT AGREEMENT is entered into this day of
20 , by"ROBERT B. LURSKI & CHRISTINE M. LURSKI", hereinafter referred to the E
Property Owner," in favor of the MONROE COUNTY BOARD OF INTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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: IL
U
Apartment Unit known as No. 215-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C215"
N
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C215) Page 1 of 4
Packet Pg. 528
C.18.e
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 E
Improvement Program Handbook.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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. �s
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 �s
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#C215) Page 2 of 4
Packet Pg. 529
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C215) Page 3 of 4
Packet Pg. 530
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY, OWNER: PROPERTY OWNIER-
Signafitre Sin ture
pox
P, ,4��I f.�(-- A, /a 7-------------------
Printed Name Printed Name
Date Date '
STATE OF
COUNTY OF - a)
w
The foregoing instrument was acknowled ed before me this day of , 20
b 41
>
y ) c
��.. �.
roperty Owner Name(s) 06
` .. -. , U)
" CIAI...SEAL"°
Commission Expires ENATA PODO EK IL
y dote public-State of Illinois d>Notary Public Signat re M, ,� �.. �Y
Y
IT— MY Commission Expires September 05.20
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature g,
cv
Printed Name -
Printed Name t!)
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
"M ROE NTY EY
v !'�
Key West International Airport NIP-Avigation Easement(Unit#C215) C N R Page 4 of 4
ate , C ��
..� Packet Pg. 531
Prepared By and Return To: C.18.e
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 10o , by"JOHN J. O'LEARY & BARBARA J. O'LEARY", hereinafter referred to as"the 0
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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: IL
U
Cb
Condominium Unit 216-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C216"
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
desires to make properties that, through interior noise exposure testing, are determined �s
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
Key West International Airport NIP—Avigation Easement(Unit#C216) Page 1 of 4
Packet Pg. 532
C.18.e
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 0
Improvement Program Handbook. cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
JA
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 LO
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#C216) Page 2 of 4
Packet Pg. 533
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, M
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 E
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(Unit#C216) Page 3 of 4
Packet Pg. 534
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
ignature Zignatoured9�_
�eNw C7 ` �r-Il ��E
Printed Name Printed N e
�.
Date Date
ROSEMARY A CALABRESE
STATE OF Vii i(q iru q Notary Public
Commonwealth of Virginia E
'@I� ALax ca.r.c1r 1 Q Registration Expires
J n30, M
G i+y My Commission Expires Jun 30,2022
The foregoing instrument was acknowledged before me this day of D= f '0ex , 20 Li
by
Property Owner Name(s) 06
My Commission Expires: L- Bo-.,Da
a.
ry Notary U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature U
cv
Printed Name
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this° day of , 20 0
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE RNEY
4
y
KeyWest International Airport NIP-Avi ation Easement Unit#C216
P 9 ( ) M- TANT '0' TY RNEY Page 4 of 4
Date, Packet Pg. 535
Prepared By and Return To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
ma
THIS EASEMENT AGREEMENT is entered into this day of 6 ,AUOYJI
Own , by "ROY M. BELL & PHYLLIS H. BELL", hereinafter referred to as "t Property E
" in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a U)
body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: <
06
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:
�s
Unit No. 217-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C217"
N
N
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 W
improvements and modifications to the Property Owner's Property necessary to reduce
interior noise levels at least 5 d6 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
Key West International Airport NIP—Avigation Easement(Unit#C217) Page 1 of 4
Packet Pg. 536
C.18.e
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. E
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C217) Page 2 of 4
Packet Pg. 537
C.18.e
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, E
damages and expenses incurred including, but not limited to, attorney's fees and costs U)
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. 06
JA
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 LO
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 bylaw.
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. 0
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(Unit#C217) Page 3 of 4
Packet Pg. 538
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY O R• PROPERTY OWNER:
�m
Sig re _. Signature
13
Printed N e Printed N e
// . Ca 0
Date Date
STATE OF I l
COUNTY OF D iu*` 0
cu
The foregoing instrument was acknowledged before me this IL day of houlo 20 19
b hU 1 , >
yProperty Owner Name(s)
06
U)
Notary PuNic State of Florida
My Commission E °e,4 Jessica L Wallace
IL
otary Public Signature MY E Coo 021G 253602
Alft
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
cv
Signature U
Printed Name td
T-
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
OE COUNTY ATTORNEY
Key West International Airport NIP-Avigation Easement(Unit#C217) ASSI TRNEY Page 4 of 4
t — ,.°- ° - Packet Pg. 539
C.18.e
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this _ da of E
20 I ,by"BETH A. DOBOS", hereinafter referred to as"the Property Owner,"in favor of the M
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and
corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
Condominium Unit 217-SC, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C217S"
N
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") andIr-
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 W
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 E
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
Key West International Airport NIP—Avigation Easement(Unit#C217S) Page 1 of 4
Packet Pg. 540
C.18.e
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 0
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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. �s
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 �s
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#C217S) Page 2 of 4
Packet Pg. 541
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, M
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C217S) Page 3 of 4
Packet Pg. 542
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
------------
Printed Name Printed Name
Date Date
'a►p� RANDALL M REVELL
r Notary Public•State of Florida ds
STATE OF `` Commission#GG 265517 U)
COUNTY OF �1GS "°°FF`" My Comm.Expires Oct 7,2022
o
r �
The foregoing instrument was acknowledged before me this day of a 20
by -- C. CJ
Property Owner Name(s)
y Commission Expires:
tarry Public Signature
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature (�
Printed Name
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 0
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
0 ROE hl CO A iORNEY
P E ORM
Key West International Airport—NIP—Avigation Easement(Unit#C217S) Page`
of 4
E J.MERCADO
ASSI T `
Date— Packet Pg. 543
Prepared By and Return To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this 11 day of
201S_, by"JOSEPH T. MARTINET", hereinafter referred to as"the Property Owner," in favor E
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
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: IL
U
Condominium Unit 218-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C218"
N
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C218) Page 1 of 4
Packet Pg. 544
C.18.e
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 0
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
a�
JA
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 LO
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. �s
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 �s
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#C218) Page 2 of
Packet Pg. 545
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, MO
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
M
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 06
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C218) Page 3 of 4
Packet Pg. 546
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Si ure Signature
Printed Name Printed Name
Date Date
e77
�rt-- ANIELLE POLYA0,ENKO
STATE OFC L1 s8e. aryPuYc-Californ.a E
Los Ange`es County m
COUNTY OF LOS -.� `C Comm ssoaa2217t01 U)
a Ov Comm Exores Oc:7 2021
I;m
The foregoing instrument was acknowledged before me this day of C R , 20
Property Owner Name(s) 06
r�
My Commission Expires: r . -1
Notary Public, ignat U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: `O
Signature
Signature C14
Printed Name
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE COUNTY R
++ vOP�MFE FORM
_ PED
Key West International Airport NIP—Avigation Easement(Unit#C218) I%J F I It L.4 Page 4 of 4
Packet Pg. 547
Prepared By and Return To: C.18.e
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"JEFFREY D. SCHWARTZ & WENDY M. SCHWARTZ", hereinafter referred to 0
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
06
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: IL
U
Cb
Condominium Unit 220-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C220"
N
�s
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
desires to make properties that, through interior noise exposure testing, are determined �s
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
Key West International Airport NIP—Avigation Easement(Unit#C220) Page 1 of 4
Packet Pg. 548
C.18.e
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 0
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
JA
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 LO
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 �s
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#C220) Page 2 of 4
Packet Pg. 549
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 4)
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(Unit#C220) Page 3 of 4
Packet Pg. 550
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPER Y E PROPERTY OWNER:
a Signature
��'��.�
Printed Name Printed Name
Cfl t Q i q
Date Date
STATE OF 'FIOn,da,
0
COUNTY OF M
The foregoing instrument was acknowledged before me this day of r � � 20-M M
by f'1'
Property Owner Name(s) 06
• �' `' COMNW011114021111M
My Commission EE*w0MVAW1%2V2 IL
Notary Public Sig a ure U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Si na re —- - �
cv
Signature U
cv
Printed Name y
Printed Name t!5
Signature
Date t!5
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
7OVED
La
Key West International Airport NIP-Avigation Easement(Unit#C220) - C e 4 of 4
ASSISTANTVN � Packet Pg. 551
Date --
Prep grgill By and Return To.
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
du 7
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"MARY S. PETERSEN", hereinafter referred to as"the Property Owner," in favor E
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
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: IL
U
Condominium Unit 221-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
LID
also identified as street address: 112601 S. Roosevelt Blvd., Unit C221"
N
N
�s
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C221) Page 1 of 4
Packet Pg. 552
C.18.e
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C221) mm Page 2 of 4
Packet Pg. 553
C.18.e
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'waircraft 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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C221) Page 3 of 4
Packet Pg. 554
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNE PROPERTY OWNER:
?n . A -
Signature Signature
^f6 S
Printed Name Printed Name
Date Date
STATE OF - ��-kdQ,
COUNTY OF_ MOD e..��� U)
w
The foregoing instrument was acknowledged before me this day of_ (}t�1�} , 20 1
by aR
Property Owner Name(s) 06
A
�4.. Notary Public state of Florida
. .........AJV4�� My Commission E i Th �eS81ca�Wallace
IL
N tary Public Signature w Ego o i/21202c Zs3sos
n0�
cm
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature ry
Printed Name
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
�AP AO RM
Y �p 9 ( ) ASSI...._..STAId �:O �' Y. �..,�..._. .�9e. of 4
Key West International Airport NIP—Avi ation Easement Unit#C221 Pa
nests 2 Packet Pg. 555
Prepared By and Return To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
s
THIS EASEMENT AGREEMENT is entered into this ID day of t itzur w
20 by "PAUL H. HEUTON & LUCILLE M. HEUTON", hereinafter referred td as "the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
06
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:
IL
Unit No. 222-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C222"
N
N
�s
Ir-
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").
(n
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C222) Page 1 of 4
Packet Pg. 556
C.18.e
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 E
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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( nit#C222) Page 2 of 4
Packet Pg. 557
C.18.e
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C222) Page 3 of 4
Packet Pg. 558
C.18.e
This Easement Agreement is executed as of the date first above written.
WNE PROPERTY OWNER:
� dam
ignature Signa ure
Inted Name Printed Name
-t 0
Date Date
STATE OF
COUNTY OF Ul(-\ Q7 U)
cu
c
The foregoing instrument was acknowledged before me this( day ofdQL()U00 /1 , 20
by 0 L}
Property Owner Name(s) 06
Notary Public State of Florida
if Jessica L Wallace
My Commission Ex eg c My CommisMon GG 253602IL
jNtary!Public�Signature d Expirea 05/21/2027
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
cv
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
y °
Key West International Airport NIP—Avigation Easement(Unit#C222) "'` ge 4 of 4
PEDR J.MERGA
ASSISTjAKTV
to 559 Packet Pg.
Frepared t3y and Keturn To:
Heather P. Faubert C.18.e
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this &day of Q i1 t&u r
20 , by "GARY L. WILLIAMS & DALE B. WILLIAMS", hereinafter referred tofas "the
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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') JA
located in Monroe County, Florida, more particularly described as follows:
IL
Unit No. 223-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together
with an undivided interest in the common elements, according to the Declaration of Condominium Fn
thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C223"
N
N
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C223) Page 1 of 4
Packet Pg. 560
C.18.e
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 E
Improvement Program Handbook. U)
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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 W
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#C223) Page 2 of 4
Packet Pg. 561
C.18.e
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, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C223) Page 3 of 4
Packet Pg. 562
C.18.e
This Easement Agreement is executed as of the date first above written.
jSignre
RTY O R: PROPERTY OWNER:
e Signature
�~ tLL
Printed Name Printed Name
Date 6 Date
STATE OF � �I
COUNTY OF rO 0
M
The foregoing instrument was acknowledged before me this Inayof 1 , 20
by >
Property Owner Name(s)
06
�� Notary Public State of Florida
My Commission Expi sP Jessie L Wall ace
IL tary Public Signature ® � My Commistion GG 253602
M w Expires 05/21/2021
..........
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
cv
Signature U
Printed Name td
T—
cv
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
D
Y Airport g ( ) I w N m Page 4 t4
Key West International Ai ort NIP-Avi ation Easement Unit#C223
ate, __ ,., ....� Packet Pg. 563
Prepared By and Return To. C.18.e
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 • , by"K. NEIL SPICER", hereinafter referred to as"the Property Owner," in avor of the
MOLAR E COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and W
corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
Condominium Unit No. 224-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C224"
N
�s
N
Ir-
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 E
Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement 0
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
Key West International Airport NIP—Avigation Easement(Unit#C224) Page 1 of 4
Packet Pg. 564
C.18.e
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 0
Improvement Program Handbook. M
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
JA
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
Cb
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 LO
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#C224) Page 2 of 4
Packet Pg. 565
C.18.e
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, W
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
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 beJA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 E
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(Unit#C224) Page 3 of 4
Packet Pg. 566
C.18.e
This Easement Agreement is executed as of the date first above written.
PROPER WNER: PROPERTY OWNER:
Signature ""' Signature
".
m -
Printed NaA Printed Name
Date Date
us
STATE OF
COUNTY OF o . . a M
PAR
�pPoO dbp� i flop a
The foregoing instrument was acknowledged before me this d* �'e ® ' , 2C
a
Property Owner Name(s)
,.... , PUB
kid
41
Nota rY ubhc Sil n t re My Commission i � �'
g
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
era
WITNESSES: MAYOR:
Signature
Signature U
cv
Printed Name y
Printed Name t!)
Signature
Date f!5
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
N Y
P OVED RM
PE
Key West International Airport NIP—Avigation Easement(Unit#C224) tl Page 4 of 4
;te .,
"" °" Packet Pg. 567
Pre area tsy ana Keturn i o:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
j
20 , by"BECH VENTURES", hereinafter referred to as"the Property Owner," in favor of E
the by
COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
corporate, hereinafter referred to as "BOCC."
RECITALS: >
A. The Property Owner is the fee simple titleholder to certain real property("the Property') JA
located in Monroe County, Florida, more particularly described as follows:
IL
Unit No. 301-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, and the
Condominium Plans as recorded in Graphics Book #1, of the Public Records of Monroe County,
LO
Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C301"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C301) Page 1 of 4
Packet Pg. 568
C.18.f
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.
U)
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport E
Improvement Program Handbook. U)
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject JA
Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both
a.
parties, and in consideration and incorporation into this Avigation Easement of the recitals U
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 LO
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 W
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 tNIP—Avigation Easement(Unit#C301) Page 2 of 4
Packet Pg. 569
C.18.f
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, U)
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. JA
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 W
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 0
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(Unit#C301) Page 3 of 4
Packet Pg. 570
C.18.f
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROP TY O NER:
Signature Signature
` J'-
(
Printed Name Printed Klame
Date Date
STATE OF
COUNTY OF _ l� U)
The foregoing instrument was acknowledged before me this day of 20
by
Property Owner Name(s) 06
JA
NOW Notary Public State of Florida
My Commission E , Jessica L Wallace
tary Public Signature y�yc My commistion GG 253602 d>
"•e� Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
l �
Key West International Airport NIP—Avigation Easement(Unit#C301) PEDR® P of 4
ASSISTANTr-0 'IN REV
Date------- - , � � Packet Pg. 571
Prepared B and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this °day of
20 , by"MICHAEL H. BOEHME & WENDY L. ALLEN", hereinafter referred o as "the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: <
06
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 302-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C302"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C302) Page 1 of 4
Packet Pg. 572
C.18.f
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 E
Improvement Program Handbook.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C302) Page 2 of 4
Packet Pg. 573
C.18.f
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, Cu
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C302) Page 3 of 4
Packet Pg. 574
This Easement Agreement is executed as of the date first above written.
P1 7 PROPERTY OWNER:
Signat e Signature #
el We r7'/V Alle
Printed N e Printed Name
I 10
Date Date 9
STATE OF
E
COUNTY OF 1 0U)
cu
W
The foregoing instrument was acknowledged before me this (rday of 611( 20 (9
2
by
Property Owner Na?he(s) 06
Or Notary Public State of Florida
s.. Jessita L Wallace 0
My Commistion GG 253602 IL
ry Public Signature I U
My Commissi 11
ota Public Sigr It.- , Expires 05/2112021
V-11 V
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR:
C14
Signature
Signature
Printed Name
Printed Name
z
Signature W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 20
by <
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
NEY
Key West International Airport li�-Avigation Easement(Unit#C302) a of 4
Dat4k— C/ Packet Pg. 575
j ;;;_ I I
Prepared By and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
y ;�
THIS EASEMENT' ICHARD C. VAILLANTte hereinafter referred to as the Property Owner," in
Y r Y , 0
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic U)
and corporate, hereinafter referred to as "BOCC."
RECITALS: <
06
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:
IL
Unit No. 304-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together
with an undivided interest in the common elements, according to the Declaration of Condominium Fn
thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, and the
Condominium Plans recorded in Graphics Book #1, of the Public Records of Monroe County,
LO
Florida.
also identified as street address: "2601 S. Roosevelt Blvd., Unit C304"
�s
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C304) Page 1 of 4
Packet Pg. 576
C.18.f
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 E
Improvement Program Handbook. U)
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C304) Page 2 of 4
Packet Pg. 577
C.18.f
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 E
any provision of this Agreement, the prevailing party shall be entitled to all costs, U)
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 06
interpreted and construed according to the laws of the State of Florida. <
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 0
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(Unit#C304) Page 3 of 4
Packet Pg. 578
C.18.f
This Easement Agreement is executed as of the date first above written.
PRO PROPERTY OWNER:
Sig Signature
All
IV
Printed Name Printed Name
Date f Date
STATE OF ` to 1
0
COUNTY OF U)
�1
The foregoing instrument was acknowledged before me this l day of LOUCk VLA ,
by--- i
Property Owner Name(s) 06
ry Public State of'Florida
144—� w2b--U My Commission J L ally
N t ry Public Signature c y Commission GG 253eo2
Expires 05/21/2021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: .
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of ,
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
"MOE COUMY ATTOR
F.,.
Key West International Airport NIP—Avigation Easement(Unit#C304) � � � **e-4'Sf 4
<n iVT t )�, Packet Pg. 579
Prepared By and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of Jlinuzav
20-J4, by ANTHONY S. BUCZYNSKI &ANNE MARIE GERAGE , hereinafter referred to E
as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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: IL
U
Condominium Unit No. 305-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C305"
N
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C305) Page 1 of 4
Packet Pg. 580
C.18.f
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. E
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C305) Page 2 of 4
Packet Pg. 581
C.18.f
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, E
damages and expenses incurred including, but not limited to, attorney's fees and costs M
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. 06
JA
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
LO
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. 0
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(Unit#C305) Page 3 of 4
Packet Pg. 582
C.18.f
This Easement Agreement is executed as of the date first above written.
PR ERTY OW R: PROP RTY OW ER:
Signature Sig re
Printed Name Printed N me
Date Date
STATE OF fit
0
COUNTY OF L-' U)
The foregoing instrument was acknowledged before me this to,day of (m , 20
by )0-7 i &ems
Property Owner Name(s) 06
J� Notary Public State of Florida
My Commission a e Jessica L WallaceIL
Na(ary Public Signature ' My Cemmist ion GG 253602
�j« Expires 05/2112021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
)" NEY
Key West International Airport NIP—Avigation Easement(Unit#C305) _E�
age 4 of
1' Packet Pg. 583
Pre ared By and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS! ASEMENT AGREEMENT is entered into this day of0J%k-X-C1-:!�A-
e
20 , by"MAE KAPLAN", hereinafter referred to as"the Property Owner," in favor of the E
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
corporate, hereinafter referred to as "BOCC."
RECITALS: >
A. The Property Owner is the fee simple titleholder to certain real property("the Property") JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 306-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C306"
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and U
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 W
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C306) Page 1 of 4
Packet Pg. 584
C.18.f
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NI P,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 LO
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#C306) Page 2 of 4
Packet Pg. 585
C.18.f
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 C
any provision of this Agreement, the prevailing party shall be entitled to all costs, E
damages and expenses incurred including, but not limited to, attorney's fees and costs M
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. 06
JA
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
LO
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. 0
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(Unit#C306) Page 3 of 4
Packet Pg. 586
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
711 MAJ a��
Signature Signature
I A C
yj ahc� w�
Printed Name Printed Name
I/ la ltq
Date Date
STATE OF ElQrt(Ja
E
COUNTY OF (Nlo� U)0
W
The foregoing instrument was acknowledged before me this ay of da )�o 20
d -ILI
by V�ote, EAcKahan
Property Owner Name(s)
us
gO Notary Public State of Florida
J�essida L Wallace 0
'ce
My Commission A y com 5 (102"
My Co mistion GG 253602 IL
re 051211202 1
otary�Publlc Signature ar ExplresM05/2112021
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR:
C14
Signature
Signature
Printed Name
Printed Name
z
Signature W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 20
by <
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
M%bROE COUI ANEY
P OVE RM
ry
Key West International Airport NIP-Avigation Easement(Unit#C306) PEDRO MERCADO Pa f 4
ASSISOTTAMN'T
Date— Packet Pg. 587
Prepared By and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this day of
20 , by "RICHARD C. HALLBERG & MARJORIE JOAN HALL BERG", here after
referred to as"the Property Owner,"in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
06
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:
�s
Apartment Unit known as No. 307-C, CORAL BAY GARDENS 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, Page 370, et. al, and
the Condominium Plans as recorded in Graphics Book #1, as amended from time to time, of the
LO
Public Records of Monroe County, Florida.
N
also identified as street address: "2601 S. Roosevelt Blvd., Unit C307"
�s
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#C307) Pagel oof 4
Packet Pg. 588
C.18.f
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.
0
G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport M
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.
JA
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
LO
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
Key West International Airport NIP-Avigation Easement(Unit#C307) Page 2 of 4
Packet Pg. 589
C.18.f
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 E
arising under this Agreement, or to recover damages by reason of any alleged breach of M
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. M
a�
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.
�s
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 LO
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 0
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.
Key West International Airport NIP—Avigation Easement(Unit#C307) Page 3 of 4
Packet Pg. 590
C.18.f
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
lure Si nature b�y
Printed�Ram s))LPrinted Na/
! U)
Date Date
STATE OF 6LJ4VW1=j6&19i )RE U)
COUNTY OF R i +J
4N cu
The foregoing instrument was acknowledged before me this day of ANUARY 20 /4 .2
by P)CPAqjQ 40JO Mi0njoniff JZgN AC 6Cr?& 06
Property Owner Name(s) 3AMUEL M. SEWALL �
Notary Public-New Hampshire
My Commission Expires December 7,2021
My Commission Expires: g,
Not ublic Sign ure
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA >
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 120
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
TRMpp'��v S
Key West International Airport NIP—Avigation Easement(Unit#C307) r�FDRO J lERCADO Page#
sSISI ANC " YwAf �' l
Date..... Packet Pg. 591
Prepared By and Return To: C.18.f
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT
entered
w.
by "PATRICIA RUTH SHOAFhereinafter referred to as "the
Prope Owner," in 0
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic M
and corporate, hereinafter referred to as "BOCC."
RECITALS:
JA
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: IL
U
Cb
Condominium Unit No. 307SC, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C307S"
N
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
Key West International Airport NIP—Avigation Easement(Unit#C307S) Page 1 of 4
Packet Pg. 592
C.18.f
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.
cu
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
JA
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 LO
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. �s
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.
y International Airport NIP—Avi ation Easement Unit#C307S _ —Key West Internati p 'g ( ) Page 2 of 4
Packet Pg. 593
C.18.f
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 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, 0
damages and expenses incurred including, but not limited to, attorney's fees and costs M
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. 6
JA
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 LO
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 �s
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. E
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..... www... -....- �
—Avigation Easement(Unit#C307S) Page 3 of 4
Packet Pg. 594
C.18.f
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature IFSignature
&4JO!"I C I�L Iii.
Printed Name Printed Name
Date Date
U)
CHRISTOPHER RROCK ROURASSA
STATE OF 1 r /ill r/} NOTARY PUBLIC E
COMMONWEALTH OF VIRGINIA 0
COUNTY OF ®U(�O()F� MY COMMISSION EXPIRES MAR.31,2022 U)
COMMISSION A rigm1
O
The foregoing instrument was acknowledged before me this�Af day of GW1 U a/ / 20
by
Property Owner Name(s) 06
My Commission Expires:rl,#,� / 2 0
Notary Put Ic Signature U
.._...._....._..........___.........._.........
._w......______.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
„P vED
RM
m '
Key West International Airport NIP—Avigation Easement(Unit#C307S) TANT C Uf`TY TORN Y Page 4 of 4
Date_,_—7 _. Packet Pg. 595
Prepared By and Return To: C.18.f
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this LL- day of " �
20 , by"TIMOTHY TYRAN", hereinafter referred to as "the Property Owner, in favor of 0
the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
corporate, hereinafter referred to as "BOCC."
RECITALS:
JA
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: IL
U
Cb
Unit No. 308-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C308"
N
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
Key West International Airport NIP—Avigation Easement(Unit#C308) Page 1 of 4
Packet Pg. 596
C.18.f
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. 0
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the SubjectJA
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 LO
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#C308) Page 2 of 4
Packet Pg. 597
C.18.f
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, 0
damages and expenses incurred including, but not limited to, attorney's fees and costs Cu
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
06
interpreted and construed according to the laws of the State of Florida. U)
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 LO
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. E
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(Unit#C308) Page 3 of 4
Packet Pg. 598
C.18.f
This Easement Agreement is executed as of the date first above written.
PROP',,f TY ER: PROPERTY OWNER:
Signature Signature
Printed Name Printed Name
Date I Date
STATE OF Tlor6a E
COUNTY OF MODGY, M
The foregoing instrument was acknowledged before me this k \ day of \ , 20
by l(��1 LI C �1
Property Owner Name(s) 06
Notary Pu is State of Florida
M Commission JessicaL Walla
N tary Public Signature y E y irres 05/21/20ce IL
ion2 253802
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: z
LO
WITNESSES:
Signature
Signature U
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONRO
The foregoing instrument was acknowledged before me this day of ,
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
0 ROE COU ATTORNk"'
P�OVED OFM
Key West International Airport NIP—Avigation Easement(Unit#C308) """'°"� e 4 got
ASSPEDR J.iV 9;C-A� g
i ..
Packet Pg. 599
I I
Pre ared B and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
U)
THIS EASEMENT AGREEMENT is entered into this _ll day of t)Q A O-1�
20 1 , by "FRANCO LUCIO MARIO ANGELO BRIZZI", hereinafter referred to as "the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS:
06
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: IL
U
Unit No. 311-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, FL. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C311"
�s
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").
(n
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
Key West International Airport NIP—Avigation Easement(Unit#C311) Pagel of 4
n_ cnn
I I
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 E
Improvement Program Handbook.
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual 2
avigation easement, on terms as hereinafter set forth.
a�
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
LO
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#C311) Page 2 of 4
n_ cn�
I I
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of E
any provision of this Agreement, the prevailing party shall be entitled to all costs, MO
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
M
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 06
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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
LO
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 0
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(Unit#C311) Page 3 of 4
I I
This Easement Agreement is executed as of the date first above written.
PROPE OWNE PROPERTY OWNER:
r
Signature / Signature
Printed Name Printed Name
Date Date
STATE OF E
COUNTY OF U)
VA r-
The foregoing instrument was acknowledged before me this day of , 20
Property Owner Na 06
Q�
uu�e � CF2� eed
NO'TAIRES ASSOC"
ommission Expires: IL
Notary Public Signature
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
O E ci n R
P OVE ARM
„
Key West International Airport NIP—Avigation Easement(Unit#C311) � ,�° `
if 6 w °11 "" ftqe 4 of 4
ASSISTAfv
PEDRO J.ME 'CA
Prepared By and Return To:
Heather P. Faubert C.18.f
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this LL d y of v,
20 , by"TODD M. SWITZER&JOIE M. ROLF-SWITZER", hereinafter referred to a "the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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') JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 312-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C312"
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and U
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 W
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C312) Page 1 of 4
Packet Pg. 604
C.18.f
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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. W
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#C312) Page 2 of 4
Packet Pg. 605
C.18.f
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, E
damages and expenses incurred including, but not limited to, attorney's fees and costs U)
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. 06
JA
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 LO
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. 0
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(Unit#C312) Page 3 of 4
Packet Pg. 606
C.18.f
This Easement Agreement is executed as of the date first above written.
TY OWNER: PROPERTY OWNER:
SigKatu Sig ture
.. .,
Printed Oame ame
l /
Date Date
Wl-
STATE OF Ill`
COUNTY OF J 1 U)
M
The foregoing instrument was acknowledged before me this day of 1 , 20
by t 1 t (�
Property Owner Name(s) 06
yr Notary Public state of Florida
My Commission E Ili, Jessica L Wallace
6otary Public Signature c My Commission GG 253602
ja Expires 05/21/2021 f.3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
Key West International Airport NIP—Avigation Easement(Unit#C312) `PEDRJMERCADO age 4 9f
ASSISTAN21
C
Packet Pg. 607
rreparea esV ana Keturn i o:
Heather P. Faubert C.18.g
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this« day of
s
20 by JOANNE D. VANCE a/k/a JOANNE D. TEIXEIRA , hereinafter referred to as E
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
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") JA
located in Monroe County, Florida, more particularly described as follows:
IL
Unit No. 313-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: 112601 S. Roosevelt Blvd., Unit C313"
N
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C313) Page 1 of 4
Packet Pg. 608
C.18.g
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NI P,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 LO
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. W
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#C313) Page 2 of 4
Packet Pg. 609
C.18.g
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 U)
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. 06
JA
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 �s
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 LO
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.
�s
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 W
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. 0
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(Unit#C313) Page 3 of 4
Packet Pg. 610
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Sig rAture I Signature
Printed Name Printed Name
/l l r
Date Date
STATE OF 1
COUNTY OF U)
r-
c
The foregoing instrument was acknowledged before me this day of , 2019
—LLby t \C
Property Owner Name(s) 06
�Signature
Notary Public State of Florida
Jessica L WallaceMy Commission x r My Commi"on GG 253602otary Public klor Expires 05/21/2021 U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
r!5
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
SA Ly
P FVE DA
PEDRO MEP „ w.. , ..
CADO
„
Key West International Airport NIP—Avigation Easement(unit#C313) A ' e Page 4 of 4
Packet Pg. 611
I � I
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of JA r�"' V
20 1` , by"BERNARD PETER CHARLES & MUKHTAR SALL", hereinafter referred to as U)
"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY W
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
�s
Unit No. 314-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: 112601 S. Roosevelt Blvd., Unit C314"
�s
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 �s
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 (n
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C314) Page 1 of 4
n_ c��
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 U)
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.
JA
NOW THEREFORE, for and in consideration of the improvements to be made to the Subject
Property through the NI P,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 LO
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 s
the intent of the parties that all such Airport activity shall be deemed to be included
within the purview of this Easement. s
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#C314) Page 2 of 4
n_ c�o
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 U)
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.
a�
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 U)
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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 is
breadth, such covenant, condition or other provision shall be deemed valid to the extent
of the scope or breadth permitted by law. s
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 �s
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. 0
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(Unit#C314) Page 3 of 4
n__L_L n_ CA A
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PRO � R•
Signature Sign ture
-c kt S ro® L
Printed Name Printed Name
o ® a �!
Date Date e�
STATE OF INKt,L E
COUNTY OF cu
w
r
The foregoing instrument was acknowledged before me this 'Z day of J t,J 20 I
06
egjja liI C�3 � Name(s)
`rotary Puo;ic
CA;apharn 13 ..,. ,,, My Commission Expires: �.> a ,�... C. P� s' .. 0
Notary Public Signature
Clapham
".
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: LO
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
f!5
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ATTORNEYROE COU 16FPPPOVED;Y
Key West International Airport NIP—Avigation Easement(Unit#C314) I4�,� -,. 4'44
P EDR J MER ADO
ASSIS f
Date_ m. r
Prepared By and Return To: C.18.g
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into thisQaj day of �G>'��►)l8
20 , by "JOHN J. O'LEARY & BARBARA J. O'LEARY", hereinafter referred to as "the 0
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY M
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: IL
U
Condominium Unit 315-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C315"
N
�s
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
Key West International Airport NIP—Avigation Easement(Unit#C315) Page 1 of 4
Packet Pg. 616
C.18.g
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 0
Improvement Program Handbook. cu
r_
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
cu
avigation easement, on terms as hereinafter set forth.
U)
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 LO
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. �s
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 �s
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#C315) Page 2 of 4
Packet Pg. 617
C.18.g
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 0
arising under this Agreement, or to recover damages by reason of any alleged breach of 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, M
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 06
JA
interpreted and construed according to the laws of the State of Florida.
a.
7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of U
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 LO
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. �s
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 �s
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 0
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(Unit#C315) Page 3 of 4
Packet Pg. 618
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
S' ature Signature
b ' 1.`
Printed Name Printed N e
Date Date
ROSEMARY A CALABRESE
�Ii( ; Notary Public
STATE OF
Commonwealth of Virginia
Registration No.7613668 0
L OF a i My Commission Expires Jun 30,2022 M
Ci i+y
O
The foregoing instrument was acknowledged before me this day of , 20
by OIL > 6C 1��
Property Owner Name(s) 06
y Commission Expires:
Notary Public Sig t re d>
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
tO
WITNESSES: MAYOR:
Signature
Signature g,
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
VED AS
aµ
KeyWest International Airport NIP—Avi ation Easement Unit#C315 �0 0fi P 9 ( � ASSISTANT.. 1 ��
�. .
Date_,,-- ,��,� ^� �_. Packet Pg. 619
Prepared By and Return To:
Heather P. Faubert C.18.g
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS ASEMENT AGREEMENT is entered into this day of °"
20 , by"THOMAS LEE BLACKMAN & KAREN A N BLACKMAN", hereinafte referred E
to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: >
06
A. The Property Owner is the fee simple titleholder to certain real property("the Property') JA
located in Monroe County, Florida, more particularly described as follows:
�s
Condominium Unit No. 316-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C316"
N
B. The BOCC is the owner and operator of Key West International Airport("the Airport") and U
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 W
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 W
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
Key West International Airport NIP-Avigation Easement(Unit#C316) Page 1 of 4
Packet Pg. 620
C.18.g
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. E
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
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 LO
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#C316) Page 2 of 4
Packet Pg. 621
C.18.g
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 M
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. 06
JA
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 LO
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. 0
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(Unit#C316) Page 3 of 4
Packet Pg. 622
This Easement Agreement is executed as of the date first above written.
PROPJERTY OWNER: MP2ERTY OWNER:
ig ature Signature
'Panted Name Printed Name
Z:/
Date Date
STATE OF
E
4)
COUNTY OF n U)
M
W
r-
0
The foregoing instrument was acknowledged before me this day of —-4 20
...............
1W-Q ' 2M
by Man >
Property Owner Name(s) 06
"Otary Public State Of Florida
Nj My Commission iWp M CicMa L Walla
y ISdiOncGe 253602tay Public Signature X09
0IL 05/21/2021 U
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
z
WITNESSES: MAYOR: LO
Signature C14
Signature
Printed Name
Printed Name
z
Signature W
2
Date W
Printed Name
W
STATE OF FLORIDA
COUNTY OF MONROE
E
The foregoing instrument was acknowledged before me this day of 20—
by <
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
NEY
Key West International Airport NIP-Avigation Easement(Unit#C316) PEDRO *6f 4
I
e Packet Pg. 623
Ddf—,
Prepared By and Return To:
Heather P. Faubert C.18.g
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this flay of
20 by"DORIS BIEDERMANN", hereinafter referred to as"the Property Owner," n favor E
of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and U)
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:
�s
Condominium Unit No. 317-C, CORAL BAY GARDENS 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, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C317"
N
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 W
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C317) Page 1 of 4
Packet Pg. 624
C.18.g
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
Property through the NI P,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
LO
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#C317) Page 2 of 4
Packet Pg. 625
C.18.g
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 U)
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. 06
JA
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 LO
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.
�s
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. 0
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(Unit#C317) Page 3 of 4
Packet Pg. 626
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
Printed Name Printed Name
Date Date
STATE OF TjQf,ido
COUNTY OF U)
c
The foregoing instrument was acknowledged before me this day of , 20
by >
Property Owner Name(s) 06
AN �jessica
otary Public state of Florida ?�
wo t.Wallace
My Commission x� y Comms9ion GG 253802
4tary Public Signature a Expire IL
s 05121 202t
MONROE COUNTY ROAR® OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
Nx E COUNTY ATTORNEY
Key West International Airport NIP—Avigation Easement(Unit#C317) ' TASSA Fill_ Page 4 of 4
Date—,-,- .�....��,,, „�� �� Packet Pg. 627
C.18.g
Pre ared By and Return To.
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of ep r
20_Ll
, by"WILFREDO MELENDEZ JR.", hereinafter referred to as"the Pro�erty Owner," in U)
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic
and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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: IL
Is
Cb
Condominium Unit No. 318-C, CORAL BAY GARDENS 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, Page 370, as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C318"
N
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 W
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 W
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
-_
Key West International Airport NIP—Avigation Easement(Unit#C318) Page 1 of 4 _
Packet Pg. 628
C.18.g
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 E
Improvement Program Handbook. U)
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject JA
Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both
a.
parties, and in consideration and incorporation into this Avigation Easement of the recitals U
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. W
3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors W
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#C318) Page 2 of 4
Packet Pg. 629
C.18.g
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, U)
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. JA
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 LO
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 W
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 W
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder.
0
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(Unit#C318) Page 3 of 4
Packet Pg. 630
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
Printed Name Printed Name
Date Date
STATE OF ! }CC
COUNTY OF W
The foregoing instrument was acknowledged before me this day of w . 20
. °>
Property OwnerName(s) star #1310120 vy
My C0 mro SS6cwr�E'XI'M
7 My Commission Expires/ IL
Notary Public Signature �.� /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: z
LO
WITNESSES: MAYOR:
Signature
Signature g,
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
APROE VEOU ATTORNEY
40
Key West International Airport NIP—Avigation Easement(Unit#C318) /1SSIST J. " RNE °gage�4 of 4
Date M . X 1
Packet Pg. 631
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this �� day of
20 , by"RONALD E. SULLIVAN & PAUL A. HARDING", hereinafter refers to as"the E
Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: <
06
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: IL
U
Unit No. 320-C, CORAL BAY GARDENS 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, Page 370, as amended from time to time, of the
Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C320"
N
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 W
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
Key West International Airport NIP—Avigation Easement(Unit#C320) Page 1 of 4
1 1 `'', Packet Pg. 632
C.18.g
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. E
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
JA
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 LO
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#C320) Page 2 of 4
Packet Pg. 633
C.18.g
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 0
any provision of this Agreement, the prevailing party shall be entitled to all costs, E
damages and expenses incurred including, but not limited to, attorney's fees and costs M
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. 06
JA
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 LO
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 �s
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. 0
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(Unit#C320) �. Page 3 of 4
Packet Pg. 634
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: OWNER
Signature Si atu
lk
Printed Name Printed Name
0 t � °
Date Date
STATE OF 1
COUNTY OF U)
g g day of 20
The for oln Instrument was acknowledged before met Is
L; 1ic
"w
Property Owner Name(s)
e�
Notary Public State of Florida My Commissio �s�ca L Wallace
MY Comml"on GG 253602 g,
a n Explre�05'121*/2021
MONOE COUNTY BOAR® OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ROE CO A�FAINE
PF v AM
Key West International Airport NIP—Avigation Easement(Unit#C320) "' Page 4 of 4
ate .... . . . „ _ Packet Pg. 635
Prepared By and Return To: C.18.g
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"JOHN J. COLLINS", hereinafter referred to as the Property Owner, in favor of
the by
COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and M
corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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: IL
U
Apartment Unit known as No. 322-C, CORAL BAY GARDENS 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, Page 370,as amended
from time to time, of the Public Records of Monroe County, Florida. LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C322"
N
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
Key West International Airport NIP—Avigation Easement(Unit#C322) Page 1 of 4
Packet Pg. 636
C.18.g
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
cu
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
JA
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 LO
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. �s
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#C322) Page 2 of 4
Packet Pg. 637
C.18.g
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 U)
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. 06
JA
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 �s
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 LO
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.
�s
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 W
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 W
in interest to the BOCC shall be entitled to all of the benefits running to the BOCC
hereunder. 0
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(Unit#C322) Page 3 of 4
Packet Pg. 638
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Signature Signature
Printed Name Printed Name
Date Date
STATE OF ( C1
0
COUNTY OF U)
c
The foregoing instrument w s acknowledged before me this day of , 20
27,
by 1 r >
Property Owner Name(s) 06
00 Notary Public State of Florida
My Commission 00AT; Jessica L Wallace IL
t ry Public Signature E Co is ti 02G 253602
a.
MONOE COUNTY SOAR® OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
RM
Key West International Airport NIP—A igation Easement(Unit#C322) C _P _4.Qf4"
STAty A SI.�.�.
ate .' Packet Pg. 639
Prepared By and Return To:
H%„,,,ather P. Faubert C.18.g
NIP Apsistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this day of
20 , by"WILLIAM M. PORTER & MARY CARLI�, VORTER", hereinafter refe ed to as E
°the roperty Owner," infavor of the MONROE COUNTY BOARD OF COUNTY U)
COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC."
RECITALS: 06
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:
IL
Condominium Unit 323-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium,
together with an undivided interest in the common elements, according to the Declaration of Fn
Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida.
LO
also identified as street address: "2601 S. Roosevelt Blvd., Unit C323"
N
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 W
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 W
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
Key West International Airport NIP-Avigation Easement(Unit#C323) Page 1 of 4
U
Packet Pg. 640
C.18.g
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. E
U)
cu
H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual
avigation easement, on terms as hereinafter set forth.
a�
NOW THEREFORE,for and in consideration of the improvements to be made to the Subject
JA
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
LO
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#C323) Page 2 of 4
Packet Pg. 641
C.18.g
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, E
damages and expenses incurred including, but not limited to, attorney's fees and costs M
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. 06
JA
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
LO
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. 0
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(Unit#C323) Page 3 of 4
Packet Pg. 642
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OW ER�) PROPERTY N ..............-
Sign ur Signature
VC31
Printed Name Printed Name
Date Date
STATE OF ( d
E
COUNTY OF_ to
c
The foregoing instrument was acknowledged before me thisk day of , 20
-19
by----- - l 1
Property Owner Name(s) 06
�` us
r Notary Public State of Florida
My Commissio Jess' L alla
c y C istion G 253602 IL
o ary Public Signature Expires 05/21/2021 �3
opy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
WITNESSES: MAYOR: to
Signature
Signature
Printed Name
Printed Name
Signature
Date W
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
ATTORNEYONROE CO I�
,
Key West International Airport NIP—Avigation Easement(Unit#C323) """ ""' ERCA .. . Page 4 t
I.�T.. t f ..rc_..,
Packet PgASS . 643
Date
C.18.g
Prepared By and Return To:
Heather P. Faubert
NIP Assistant Project Manager
THC, Inc.
710 Dacula Rd., Suite 4A#315
Dacula, GA 30019
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this ;104ay of ,E , 0
20 , by "WILMA PARTNERS, LP", hereinafter referred to as "the Property Owner," in M
favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic
and corporate, hereinafter referred to as "BOCC."
a�
RECITALS:
JA
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:
Condominium Unit 324-C, CORAL BAY GARDENS 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, Page 370, as amended from time to
time, of the Public Records of Monroe County, Florida. LO
also identified as street address: 112601 S. Roosevelt Blvd., Unit C324"
�s
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 W
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 E
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
Key West International Airport NIP—Avigation Easement(Unit#C324) Page 1 of 4
Packet Pg. 644
C.18.g
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 M
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. >
JA
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 LO
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 W
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#C324) Page 2 of 4
Packet Pg. 645
C.18.g
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 E
arising under this Agreement, or to recover damages by reason of any alleged breach of U)
any provision of this Agreement, the prevailing party shall be entitled to all costs, ILU
damages and expenses incurred including, but not limited to, attorney's fees and costs
incurred in connection therewith, including appellate action.
a�
6. No provision of this Agreement is to be interpreted for or against any party because that
parry or that party's legal representative drafted such provision. This Agreement shall be JA
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
�s
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 LO
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 ILU
portion thereof becomes subject to operation, management or administration by a party ILU
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 ILU
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. E
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(Unit#C324) Page 3 of 4
Packet Pg. 646
C.18.g
This Easement Agreement is executed as of the date first above written.
PROPERTY OWNER: PROPERTY OWNER:
Wilma Partners,pL.P.
B JC d kit
Signature Signature
b 0 6&Z I GL
Printed Name Trustee of 1996 IrrevocablLyrinted Name
ru gar , General
tiler n r, wilmarPartnerg, Date
STATE OF 0
COUNTY OF P-S T!l uRC-LAli 3) �
'
"� 0.dl u!., The foregoing instrument was acknowledged before me this day of 209
a�
by06
Property Owner Name(s) uy
COMMONWEALTHNOTARIAL SEAL SYLVANIA
c2 Carla J.Payer,Notary Public
My Commission mrftreensburg,Westmoreland County
Notary Public Signature 8,2020.M
2
. y Commission Expires Nov,
6-3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
LO
WITNESSES: MAYOR:
Signature
Signature
Printed Name
Printed Name
r!5
Signature
Date
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 20
by
as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate.
My Commission Expires:
Notary Public Signature
Jr,M N E ATT 'ANEY
AP' ROVE IBM
Key West International Airport NIP—Avigation Easement(Unit#C324) PEDRO $�ERCADO Page�t4
T _.....
pate_ Packet Pg. 647