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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />the City of Vero Beach, Indian River County, and the Federal Aviation Administration, the
<br />GRANTOR, for itself, its successors and assigns, does hereby grant, bargain, sell, alien, convey,
<br />confirm, transfer and set over unto GRANTEE, its successors and assigns, for the use and benefit of
<br />the public, including any and all officers, employees, representatives, agents, tenants, licensees,
<br />guests and invitees of GRANTEE, and persons, firms, corporations, and entities operating aircraft to
<br />or from the Airport, a perpetual and assignable easement and right-of-way over and across the
<br />Property pursuant to the following terms, covenants and conditions:
<br />1. Adoption of Predicate. The foregoing clauses are hereby adopted and incorporated herein
<br />as part of the basis for this Easement.
<br />2. Airspace. The Easement and right-of-way herein granted shall be through and within that
<br />airspace located directly over, above, and across the Property (hereinafter "Airspace"). The
<br />Easement and right-of-way shall be appurtenant to and for the benefit of the Airport, including any
<br />additions thereto wherever located, hereafter made by GRANTEE, its successors or assigns.
<br />3. Passage of Aircraft. The Easement and right-of-way granted herein shall be for the free
<br />and unobstructed passage of aircraft in and through the Airspace, together with the right to cause in
<br />the Airspace and its vicinity such noise, vibrations, fumes, deposits of dust or other particulate
<br />matter, fuel particles, interference with sleep and communication, psychological, emotional, or
<br />physical distress, and any and all other effects as may be inherent in or alleged to be incident to or
<br />caused by the operation of such aircraft, now known or hereinafter used, for navigation or flight in
<br />the Airspace and its vicinity and for use of the Airspace for landing on, taking off from, and
<br />maneuvering about or in the vicinity of the Airport, provided such operation complies with all
<br />applicable federal and state laws and regulations concerning operation of aircraft and use of the
<br />Airport. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in
<br />existence or hereafter manufactured and developed, to include, but not limited to, jet aircraft,
<br />propeller driven aircraft, civil aircraft, military aircraft, commercial aircraft, helicopters and all types
<br />of aircraft or vehicles now in existence or hereafter developed, regardless of existing or future noise
<br />levels, for the purpose of transporting persons or property through the air, by whoever owned or
<br />operated.
<br />4. Restrictions on Structures and Improvements. GRANTOR, for itself and its successors
<br />and assigns, does hereby expressly agree to restrict the height of structures, objects of natural growth
<br />and other obstructions of any kind or nature whatsoever on the Property to a height of not more than
<br />one hundred (100) feet above ground level or the height permitted under applicable laws and
<br />regulations, whichever is lower. GRANTOR, for itself and its successors and assigns, does hereby
<br />agree that they will not hereafter erect or construct, permit the erection or construction of, growth of,
<br />create, or permit or suffer to remain upon the Property, in the Airspace, or in the Airport Runway
<br />Protection Zone, any structure, facility, improvement, or natural growth, that is or might be a hazard
<br />to aviation or which might create glare, misleading lights, smoke, fumes, dust, or which attracts or
<br />results in a concentration of birds. The restrictions contained in this Easement shall not be construed
<br />to limit the construction of any structure or improvement on the Property that is otherwise in
<br />compliance with the terms of this Easement and all applicable development conditions, zoning
<br />ordinances, laws, and regulations of or imposed by the City of Vero Beach or any other
<br />governmental entity or agency having jurisdiction regarding such construction.
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