Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 7/20/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval for the Mayor to sign the Avigation Easements for the Noise Insulation Program fa
the Key West International Airport.
ITEM BACKGROUND: Each phase of the NIP has 50 to 60 homeowners participating, The Avigation Easement is one 0
the required documents for each participating homeowner. Rather than bringing the Easements to the BOeC individually,
we wish to have the Mayor execute as the easements are completed by each homeowner.
PREVIOUS RELEVANT soce ACTION: Approval to submit PFC Application # 4,7/1/00, # 5,1/2/01, # 6,3/20102,
# 7, 2/19/03, # 8, 10/15103, and # 9, 8/18/04,
CONTRACT/AGREEMENT CHANGES: Standard Avigation Easement for the NIP Program
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: NIA
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: NIA
REVENUE PRODUCING: No
AMOUNT PER MONTH !YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing NIA
Risk Management N/A
AIRPORT DIRECTOR APPROVAL
~
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
Ibev
APB
AVIGATION EASEMENT
Key West International Airport
Noise Insulation Program
THIS EASEMENT AGREEMENT is entered into this _ day of " by
, hereinafter referred to as "the Homeowner," in favor of 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:
also identified as street address:
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 soce 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).
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.
January 9, 2001
Page 1 of 5
AVIGATION EASEMENT
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 anyone 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 anyone 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 shalf 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
interest to the BOCC shall be entitled to all of the benefits running to the soce
hereunder.
January 9, 2001
Page 2 of 5
AVIGATION EASEMENT
H, IT the maximum applicable nOise level as projected on the Year 2003 NOise I::.xposure
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 COUNTY COMMISSIONERS
By:
Mayor
"BOCC"
"HOMEOWNER"
STATE OF FLORIDA
COUNTY OF MON ROE
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.
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MON ROE
The foregoing instrument was acknowledged before me this _day of
,_by
Homeowner
Notary Public
My Commission Expires:
EY
January 9, 2001
Page 3 of 5
AVIGATION EASEMENT
MORTGAGEE CONSENT
MORTGAGE COMPANY ("Mortgagee"), is the owner and holder of (
mortgage lien upon the property described in the foregoing easement ("the Property"
pursuant to a mortgage recorded in Official Records Book _' Page _. Public Record:
of Monroe County, Florida. Mortgagee hereby consents to subjecting the Property to thE
terms and provisions of the foregoing easement.
Witnesses:
MORTGAGE COMPANY
By:
Signature of Witness
As its:
Print Name of Witness
Signature of Witness
Print Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
by as of MORTGAGE COMPANY, or
behalf of the corporation. He/She is personally known to me or has producec
as identification and did not take an oath. If no type of identification is indicated,
the above-named person is personally known to me.
Signature of Notary Public
Print Name of Notary Public
I am a Notary Public of the State of
My Commission Expires on
January 9, 2001
Page 4 of 5
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