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07/20/2005 Easement — Doe% 1540682 09/12/2005 11:10AM Filed & Recorded in off icia j(OLHAGE aThis instrument was prepared by: MONROE COUNTY DANNY L. Heather P.Faubert, Asst.NIP Manager DEED09/12/2005 ii:10AM $0 70 THC,Inc. DEED DOC STAMP 10 PW 2180 Satellite Blvd., Suite 160 Duluth,GA 30097 -------- Deco 1540682�% '159 'Bk% 2150 p AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this CAay of_ 2005, by RUTH A. YARBER, hereinafter referred to as "the Homeowner," in favor o the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Homeowner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: KW AMENDED PLAT OF RIVIERA SHORES—FIRST ADDN PB5-88 LOT 21 OR569- 974 also identified as street address: 1616 BAHAMA DRIVE B. The BOCC is the owner and operator of Key West International Airport ("the Airport"). C. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other valuable considerations, the receipt and adequacy of which is hereby acknowledged by both parties, the Homeowner and the BOCC agree as follows: 1. The Homeowner on behalf of the Homeowner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the Property. The use of the easement shall include the right to generate and emit noise, and to cause other effects as may be associated with aircraft landing and taking off at the Airport. This easement shall apply to all such aircraft activity at the Airport, with a maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached), 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 so long as the noise level does not exceed the referenced maximum (Year 2003 Noise Exposure Map, Without Program Implementation). Page 1 of 4 Doeq 1540682 BIOS 2150 PO 760 2. This easement shall be perpetual in nature and shall bind and run with the title to the Property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Homeowner on behalf of the Homeowner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorneys fees or causes of action of every kind or nature for which the Homeowner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of normal Airport operations or normal aircraft activities and noise levels related to or generated by normal 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 normal operation of the Airport or of aircraft landing or taking off at the Airport. 4. 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, attorneys fees and costs incurred in connection therewith, including appellate action. 5. 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. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. 7. 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 Page 2 of 4 Doc 1540682 Bkq 2150 Pgq 761 successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 8. If the maximum applicable noise level as projected on the Year 2003 Noise Exposure Map, Without Program Implementation (see attached) is exceeded, then the BOCC will, upon simple demand in writing from the Homeowner, cancel this Agreement from the public records. This Easement Agreement is executed as of the date first above written. Witnesses: MONROE COUNTY BOARD OF COU)23. TY COMMISSIONERS BY: if/oi;.. d/oi% w or "BOCC" "HOMEOWNER" STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this IA day of if7a. Z. '( by DiAl a H.Sprie as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. G7°-w"-54" Notary Public My C mrt iocir n FNER`,-o ll,19:1,1_ PAMELA G.HANCOCK I� -*. ::: MY COMMISSION b LD i56075 ' EXPIRES:Feb 7 2008 STATE OF FLORIDA ,' COUNTY OF MONROE '�ljg�'��- Bonded Tin Notary Public Undenntteta he foregoing instrument was acknowledged before me this day of 4i6LAbs-by Hom nerd \\\\ B�glh��i Notary lic v6obby ed90 MissloN •� �'� My C ission Expires: /ylan4 &, ace' ch 2,?0o�'0 • .. y • u,• a *• �_ tr.o J. 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