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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