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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 4_4/26/1994 rsh. VILLAGE OF TEQUESTA DEPARTMENT OF COMMUNITY DEVELOPMENT - ft;• Post Office Box 3273 • 357 Tequesta Drive ; �'�� , I Tcquesta,Florida 33469-0273 • (407) 575-6220 sa; ,,° Fax: (407) 575-6203 cou$ MEMORANDUM : TO: Thomas G. Bradford, Village. Manager FROM: Scott D. Ladd, Building Official DATE: April 21, 1994 SUBJECT: Current Status Regarding Condition of Eastwinds. Circle Concrete Roadway. Tom, please find attached the following documents pertaining to the above referenced subject: 1. Status report/Chronological record dated September 7, 1993. 2. Letter from W. Richard Staudinger, P. E. to Gary Preston dated September 7, 1993. 3. Letter from the Village Manager to the Village Attorney dated September 13, 1993. 4. Letter from the Village Attorney to Scott Ladd dated January 25, 1994. • 5. Letter from the Village Attorney to Scott Ladd dated March 15, 1994. 6. Letter from the Village Attorney to H. David Kelley, Jr. , P. E. dated march 15. 1994. The matter is currently in the hands of the Village Attorney who is researching and examining this issue and who will eventually give us a recommendation on how to proceed to address the failing concrete roadway. Recycled Paper VILLAGE OF TEQUESTA FILE COPY DEPARTMENT OF COMMUNITY DEVELOPMENT t '11 ' Post.(IIIice Box 1271 • 357 Tequesta Drive y + Tequesta. Florida 334(9.0273 • (407) 575-6220 s Fax. (407, 575-620.; ; CH row., MEMORANDUM : • TO: Thomas G. Bradford, Villaae Manager , FROM: Scott D. Ladd, Building Official /"/�04 DATE: September 7, 1993 SUBJECT: Status Report Regarding Condition of Eastwinds Circle Concrete Roadway. Tom, as you are aware, the concrete roadway at Eastwinds Circle has been deteriorating for some time now. Per your request, I have researched the' Eastwinds Landing Subdivision files in order to set forth a chronological record of certain events concerning the approval, permitting, inspection and final acceptance of the infrastructure at Eastwinds Landing. Chronological Record: 1. September, October & November, 1988: Review of proposed design plans and record plat by one of the Village' s Consulting Engineers, H. David Kelley, Jr. , P. E. , P. L. S. , of Executive Management & Engineering Consultants, Inc. ( Developers Engineer of Record was Peter Aquart, P. E. , of Lindahl, Browning, Ferrari & Hellstrom, Inc. , of Jupiter, FL) . See' Exhibits "A", "B" & "C". 2. December 20, 1988: Village Council grants approval of the preliminary and final plat for Eastwinds Landing. See Exhibit "D". • 3. February 14, 1989: Developers engineers submit engineered drawings for a concrete paving alternate for Eastwinds Circle. See Exhibit "E". 4. February 17, 1989: Building Department sends the engineered drawings for the concrete paving . alternate to H. David Kelley, P. E. , P. L. S. , for review on behalf of the Village. See Exhibit "F". 5. March 6, 1989: H. David Kelley, P. E. , P. L. S. , sends results of his review of the concrete paving alternate to Scott D. Ladd, Building Official, identifying three areas of concern, including a concern regarding the design criteria for the concrete roadway. See Exhibit "G". • • • Rec'cled Paper 6. March 27, 1989: Response letter from Peter Aquart, F. E. , Developers Engineer of Record, wherein Mr. Aquart disagrees with Mr. Kelley' s concern regarding the design for the proposed concrete roadway. See Exhibit "H". NOTE: The proposed concrete roadway design met the "minimum" FDOT specs as called for by the Village. Mr. Kelley offered what now appears to be • an appropriate upgrading for ' the design of the concrete roadway but the Engineer of Record . stoo.d by his minimum FDOT design. The suggested upgrading by Mr. Kelley was a . recommendation and not mandatory or binding upon the Engineer of Record. In retrospect, it may well be that this difference of opinion with regard to the concrete paving design was the starting point of what ultimately followed with the deterioration of the concrete roadway. 7. May 10, 1989: Approval letter from Paul F. Brienza, P. E. , Director of Engineering Services, Loxahatchee River Environmental Control District ( ENCON) , approving the design of the sanitary • sewer system under the proposed concrete roadway at Eastwinds Landing. See Exhibit "I". • 8. June 14, 1989: Permit issued to Dickerson Florida, Inc. for the installation of the concrete road and the underground utilities. See Exhibit "J". 9. July 10 - September 7, 1989: . Building Department files indicate that a field representative of the Engineer of Record' s firm performed 15 field inspections at Eastwinds Landing while the underground utilities were being installed. 10. January 9, 1990: A letter of transmittal to Building Inspector George Silvers from Mary C. Dwan of Lindahl, Browning, Ferrari & Hellstrom, Inc. , included five concrete pavement test reports. See Exhibit "K". • • 11. May 25, 1990: Letter from Peter Aquart, P. E. , Engineer of Record, certifying that the paving, grading, drainage, water distribution and sewer collection system have been completed in substantial compliance with the approved plans and specs for Eastwinds Landing. See Exhibit "L". 12. June 25, 1990: Interoffice memo from Don Zimmerman to Richard Staudinger, P. E. , of Gee & Jenson, indicating that a semi-final review ( field inspection) has been..perf ormed at Eastwinds Landing and listing 14 discrepancies that needed to be corrected. See Exhibit "M". • NOTE: Gee & Jenson was requested by the Village to perform the semi-final and final reviews . for compliance with Village requirements as H. David Kelley, •P. E. , P. L. S. , had moved to California due to his father becoming seriously ill. - 2 - 13. June 26, 1990: Memo from Steven A. Kennedy, Deputy Building • Official , to Scott D. Ladd, Building Official , indicating an amended list of discrepancies as a result of the semi-final inspection performed June 21, 1990. Mr. Kennedy' s list is slightly different from Don Zimmerman' s because they looked for different items for compliance. See Exhibit "N". 14. July 9, 1990: Received a letter from Mary C. Dwan of Lindahl , Browning. Ferrari - & Hellstrom, Inc. , acknowledging the results of the June 9, 1990 semi-final inspection and indicating that compliance with the list of discrepancies would be forthcoming. See Exhibit "0". 15. August 7, 1990: Letter to the Developer of Eastwinds Landing from Scott D. Ladd asking for payment of the invoice from Gee & Jenson for their semi-final review. See Exhibit "P". 16. August 24, 1990: Letter to Steven Kennedy, Deputy Building Official, from Richard Staudinger, P. E. , of Gee & Jenson, indicating that a final field inspection was conducted at Eastwinds Landing and that all items from the semi-final discrepancy list dated June 21. 1990 were reviewed. This letter serves as the Village engineers final approval of the protect. See Exhibit "Q". 17. October 29. . 1990: Letter, from Scott D. Ladd to Developers representative requesting payment for Gee & Jenson' s invoice for the final inspection of Eastwinds Landing. See Exhibit "R". 18. October 31, 1990: Letter to Scott D. Ladd, Building Official. from Robert A. . Schaeffer. Developers representative, requesting that the Village of -Tequesta formally accept Eastwinds Landing Subdivision. See Exhibit "S". 19. November 2, 1990: Letter from Thomas G. Bradford, Village Manager. to Robert A. Schaeffer, Developers representative, accepting the publicly . dedicated road right-of-way within ' Eastwinds Landing known as Eastwinds Circle. See Exhibit "T". 20. November 21, 1990: First permit issued for the construction of a single-family dwelling unit in Eastwinds Landing. At this time the concrete roadway was in satisfactory condition. 21. November 2, 1991: One year warranty on the infrastructure at Eastwinds Landing Subdivision expires. It seems apparent that due to a lack of . use the concrete roadway is still in satisfactory condition, keeping in mind that only one house has been built with only one family actually living in the Subdivision. - 3 - • 22. July, 1, 1992: Second permit issued for the construction of a single-family dwelling unit . A period of 19 months elapses before the second home receives a building permit in the Subdivision. 23. July. 1, 1992 - August 10, 1993: Seven permits are issued for new single-family dwelling units within Eastwinds Landing Subdivision and, most likely due to the daily trafficking of heavy construction related vehicles and equipment on Eastwinds Landing, the concrete roadway begins to rapidly deteriorate. 24. March 31, 1993: Meeting at Eastwinds Landing with Richard Staudinger, P. E. , Gary Preston, Public Works Director and Scott D. Ladd, Building Official, to inspect the degradation of the concrete pavement at Eastwinds Circle and to have Mr. Staudinger report back to Gary Preston on his professional opinion as to what might be going wrong with the roadway and his recommendations as to how to properly repair the road. As of this date, Mr. Staudinger has not responded back to the Village. One of the suggestions that came out of this field inspection was to ask ENCON to investigate their sewer system to determine if possible leakage and/or line breaks in the sewer system might be causing the concrete road breakup. A subsequent phone call from Paul Br ienza., P. E. , of ENCON, stated that a thorough investigation of their sewer system showed no leaks present and no sand entering the sewer lines thereby concluding that ENCON' s sewer system was not the cause of the concrete roadway deterioration. Tom, this brings us up to date on the historical chronology regarding Eastwinds Landing. If Gary Preston or myself can be of further assistance with regard to this matter, please let us know. Also, per your request, we will videotape Eastwinds Landing for use at an upcoming Public Works Committee meeting. SDL: 7 mm Attch. . cc: Gary Preston FILE COPY ��, •� r,�x . �" GEE &JENSON 11 4t •gineers-Architects-Planners,Inc. , r •< " s r '}y.",li +.' One Harvard Circle Z h�c ,�//r F±� � ;s � , V` West Palm Beach,FL 33409 • r ,�? • 3= r t y '" Telephone(407)683 3301 September 7, 1993 sfru r �, �. � ,�1,pfi 4 *t.`,.. Fax(407)686-7446 FJ \-1*51 ,1_ o f .:, �'' k+/O' Er' •:/ l Tr. � C� "+ .4'frs M�' rQ7FRj. Mr. Gary Preston, Director � r1.. Public Works & Recreation .:- ti •a ` Village of Tequesta 357 Tequesta Drive �,�,� ��; _ P.O. Box 3273 'A DT; ) $' M.4r F , T+ i �.'t�f .4 t1� Tequesta, FL 33469 *y�}3 �. :,, � ' f . r,e6r"` t" , S)4 Re: Eastwind Landings k tsgl' ? 1 .yC r 5 'y is t. ,r ?s�pl�'��'Yi h,�JS.T,}✓�r ._ y ? y'`1+ .. 1 tY n! ry > . Dear Gary, This letter is sent as a follow up to several field trips and conversations we have had with Scott Ladd and yourself concerning the condition of the cracked concrete roads at the Eastwind Landing subdivision. This is a subdivision which was constructed between 1988 and 1990. Gee & Jenson did not review the developers design plans nor did they inspect the construction of the roadways for the Village. The sanitary sewer system is owned and was inspected by Encon (Loxahatchee River Environmental Control District). Subsequent to the sign off and certification of the subdivision improvements by the developer's engineer, and a final inspection of the roadways and drainage, by Gee & Jenson and the Village, Encon found problems with the sanitary sewer lines and connections to manholes which required the contractor to come in and do repairs during the one (1)-year warranty period. Subsequent to that there were additional concerns by Encon. None of the follow up repairs including those during the warranty period were inspected by the Village or Gee & Jenson. Earlier this year I contacted, Paul Williams, the inspector at Encon and requested that he verify whether or not additional problems are occurring with the sanitary sewer system at Eastwind Landings. He indicated that at the present time there appear to be no problems, as no sand or debris is being picked up in the sanitary sewer lines indicating any leakage. From our field observation it appears that the primary problems with the roadways cracking at this point is due to heavy overloading of the subdivision streets by trucks delivering construction equipment including roof tile, concrete and sod, during the construction of homes. This can be evidenced by the location of the problems adjacent to homes under construction or recently completed and the lack of problems in the culdesac area where heavy construction equipment and trucks are not parked or loaded and unloaded. • I will be happy to discuss this matter with you or.with the Public Works Committee, should additional questions or details be necessary concerning the condition of the roadways in Eastwind Landings. Ve t rs, �Cl . Ri d St udinger, P.E. WRS:jer . 93004.40/110 c: Scott Ladd Tom Bradford (..-7f:�,J'' - VILLAGE OF TEQUESTA FILE COPY �, I.,� 1 (I1ti.:• U ' i?7i 157leglir.sLi I)rivr /• I 1� Ir,lut ...I, ( lunkl.l + i•:h'I U;ii • 13117l SiS won :cl *:44 if 9d y Sep ember 13 , 1993 � ? John C. Randolph, Esq. Jones , Foster, Johnston & Stubbs, P .A. P .O. Box 3475 West Palm Beach, Florida 33402-3475 RE: Eastwinds Circle; Status Report Dear Skip: By now, I am sure you know that the Building Official has been reviewing the condition of Eastwinds Circle, a concrete road within the public right-of-way serving the subdivision known as Eastwinds Landing. After passage of the warranty period and upon the commencement of home construction, the road began to deteriorate rapidly. There are severe cracks throughout this roadway. The Building Official has videotaped the same and can accompany you to the site for first hand inspection, if needed. Ultimately, the public is going to look to the Village to repair this road. Obviously, we do not feel that this road was constructed or designed to meet Village standards. We need your advice and guidance as to the appropriate action necessary to recoup all or a portion of the costs of properly fixing or rebuilding this road, whichever is appropriate. Mr. Ladd and/or the applicable consulting engineers can provide you with all the information that you may need to properly investigate this matter. Attached is a chronological report prepared by the Building Official for your review in this matter. Please review the matter with the Building Official and provide him with the necessary instructions to properly proceed in this manner. Please keep me periodically apprised on this issue. • FILE COPY JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAMER CENTER TOWER 505 SOUTH FLAGLER DRIVE - ELEVENTH FLOOR r.t'• LARRY B.ALEXANDER JOHN BLAIR McCRACKEN P.O. BOX 3475 , HENRY F.LILIENTHAL STEPHEN J.AUCAMP SCOTT L.McMULLEN WEST PALM BEACH,FLORIDA 33402-3475 1902-1982 TRACEY BIAGIOTTI • JOHN C.RANDOLPH JOYCE A.CONWAY JOHN C.RAU (407) W E50-3000 HARRY ABON JOHNSTON 1895.1983 MARGARET L COOPER ANDREW ROSS FAX:(407)832-1454 �QI EDWARD DIAZ STEVEN J.ROTHMAN 1.0 R.BRUCE JONES REBECCA G.DOANE PETER A.SACHS A 1'a 2 1904•19843 CHRISTOPHER S.DUKE 0.CULVER SMITH M 66V SCOTT G.HAWKINS SIDNEY A.STUBBS.JR. 'VILLAGE'-' o� PAUL C.WOLFE LAG THORNTON M.HENRY ALLEN R.TOMLINSON c� 1933-1991 PETERS. .EINFE JOHNS. P.MPER WALS i-cntESTA RETIRED MICHAEL B.KLEINFELD MICHAEL P.WAVER WRITER'S DIRECT UNE: >�C1 LJ 1!1 WIUJAM A.FOSTER T.KRANZ H.ADAMS WEAVER G. • • • ��D V- �E� OF COUNSEL COU V L MOR C UNSEL • • January 25, 1994 • Scott D. Ladd, C.B.O. Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Eastwinds Circle Our File No. 13153.1 • • Dear Scott: We have reviewed all of the materials that you and Tom Bradford have provided us regarding the conditions of the Eastwinds Circle concrete roadway. As you know, the one year warranty on the infrastructure at Eastwinds Landing subdivision expired in November, 1991. At that time the concrete ' roadway appeared to be in satisfactory condition as only one house had been built with only one family actually living in the - subdivision. - It was not. until July 1992 that seven permits were issued for single family homes within Eastwinds Landing subdivision and the roadway then began to deteriorate. Although the one year :warranty on the infrastructure has .expired,:-:.- the Village may be able to recoup all or a portion of the -cost of properly fixing or rebuilding the road. The contractor/developer can be liable to non-privity owners based on negligence and/or breach of implied warranty. A contractor/developer owes a general duty to those who could foreseeably. be harmed to use reasonable care in the performance of the. work. - Further, ,.an .implied warranty._ of fitness and 'merchantabi'lity'_exists independent,:of:' a statute :or ' . any intention on the part of the;.developer orcontractor to create. it. The=-implied warranty 'extends to�subistantal compliance`with - plans and specifications,_ ,,compliance with applicable building, codas=,=arid=fitness and merchantability. Major:_defects may entitle the non-privity owner to damages to remedy or repair the defects. Scott D. Ladd, C.B.O. January 25, 1994. Page 2 We note from the materials provided that the developer's design plan for the roadway was questioned by the Village's consulting engineer, David Kelley, of Sheremeta Associates, in March 1989 before the road was constructed. The developer's engineer, Lindahl, Browning, called for 6" - 3,000 .psi unreinforced concrete pavement. The Village's consulting engineer, David Kelley, _ recommended the use of Class II, 3,400 psi concrete. Mr. Kelley recommended an upgrade from the "minimum" FDOT specs. The engineer of record stood by his minimum FDOT design. In retrospect, it may be that the concrete paving design is the reason for the deterioration of the roadway. The Village hired Gee &Jenson to perform the semi-final reviews for compliance with Village requirements as David Kelley had moved to California. Gee & Jenson prepared a list of discrepancies as a result of the semi- final inspection and the final inspection, but none of the items included the concrete roadway. Ultimately, Gee & Jenson found everything to be in order. Richard Staudinger, P.E. , of Gee & Jenson, addressed a memo to Gary Preston dated September 7, 1993, wherein he concludes that the primary problem with the roadway's cracking is due to heavy overloading of the subdivision streets by trucks delivering construction equipment including roof tile, concrete and sod, during the construction of homes. Mr. Staudinger said that this is evidenced by the location of the problems adjacent to homes under construction or recently completed and the lack of problems in the cul de sac area where heavy construction equipment and trucks are not parked, loaded or unloaded. Gee & Jenson points out that they did not review the developer's design plans, nor did they inspect construction of the roadways during the construction process. Mr. Staudinger concludes that the problem with the roadway is not due to any leakage from the sanitary sewer lines. In order to provide further advice in regard to how to proceed with this matter, we need to have more information regarding the contracts and discussions as related to the design specifications .. for the roadway. John Trimper from this office will be contacting you to discuss this matter in more detail. Sincere , C. rRandolph JCR/ssm JONES . FOSTER , JOHNSTON & STUBBS . P . A . 2( FILE COPY P. JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR T P.O. BOX 3475 },p l 1 HENRI% LILIENTHAL '_ARRY B.ALEXANDER JOHN BLAIR MCCRACKEN ' ` 3 •'� , ,17.2 I992 .� STEPHEN J.AUCAMP SCOTT L.MCMULLEN WEST PALM BEACH,FLORIDA 33402-3475 /. }u ...'..'t-' • TRACEY BIAGIOTTI JOHN C.RANDOLPH / HARRY ALLSON JOHNSTON JOYCE A.CONWAY JOHN C.RAU (407)850-3000 I// MARGARET L.COOPER ANDREW ROSS FAX (407)832-1454 Iegsl9e3 EDWARD DIAZ STEVEN J.ROTHMAN R.BRUCE JONES REBECCA G.DOANE •PETER A.SACHS I L' ]a I37d-1see CHRISTOPHER S.DUKE D.CULVER SMITH III I , `AA. n j LJ a+0 � I SCOTT G.HAWKINS SIDNEY A.STUBBS,JR. PAULC.WOLFE THORNTON M.HENRY ALLEN R.TOMLINSON - _ 3-I991 PETER S.HOLTON JOHN S.TRIMPER ` •. .- .. 1�1- TIRED MARK B.KLEINFELD MICHAEL P.WALSH WRITER'S DIRECT LINE: ^ - WIL A.FOSTER MICHAEL T.KRANZ H.ADAMS WEAVER _ ''•I J �T� . -_' 1 F COUNSEL FT. L. AMIN FLANAGAN • March ' 15, 1994 • Mr. Scott D. Ladd, C.B.O. Building Official Village of Tequesta P.O. Box 3273 Tequesta, Fla. 33469-0273 Re: Eastwinds Circle Our File No. : 13153.1 Dear Mr. Ladd: . I apologize for not responding to you in written form sooner than this. However, please don't take my silence as a sign of inactivity. We discussed the fact that I would attempt to locate H. David Kelley, P.E. , who prepared a design criteria for the concrete roadway in 1989 on behalf of • the Village. The developer's engineer, Lindahl, Browning, called for 6" - 3,000 psi unreinforced concrete pavement. Mr. Kelly recommended an upgrade from the "minimum" FDO specs and the use of Class II, 3,400 psi. Lindahl, Browning stood by the minimum DOT design. • I have been able to locate David Kelley at his current employment with CCO Consultants in Ft. Lauderdale, Florida. I have furnished Mr. Kelley with a copy of your status report regarding the condition of Eastwinds Circle. Once David Kelley has had an opportunity to review this document, he will get back to me and we will discuss..-whether or not the specifications are the reason for the current...problems_w4th the roadway. - f • " s Mr. Scott D. Ladd, C.B.O. March 15, 1994 Page 2 I will keep you apprised of any new development or information. Very truly yours, JONES OSTE , J NSTON & S ► BB' , P. . JOHN TRIMPER JST: lh\ladd.le JONES , FOSTER . JOHNSTON & STUBBS . P . A . FILE • JONES, FOSTER, JOHNSTON & Ttiftivi , P. A. • ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER V"`yr- 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR LARRY B ALE%ANGER JOHN GLAIR MCCRACKCN P.O. BOX 3475 • ;HENRY F.LILIENTHAL STEPHEN J AUCAMP SCOTT L.McMULLEN WEST PALM BEACH,FLORIDA 33402-3475 '"1 ,1 1902.1982 TRACEY BIAGIOTTI JOHN C.RANDOLPH H RRY ALLISON JOHNSTOH C FAX JOYCE A CONWAY JOHN C.RAU (407)859-3000 MARGARET L.COOPER ANDREW ROSS 18951983 :(407)832-1454 -r EDWARD OIAZ STEVEN J.ROTHMAN - �. � - �c'.'-� R.BRUCE JONES REBECCA G.DOANE PETER A.SACHS 1904.1988 CHRISTOPHER S.DUKE D CULVER SMITH M SCOTT G.HAWKINS SIDNEY A.STUBBS,JR. •� PAUL C.WOLFE THORNTON M.HENRY ALLEN R.TOMLINSON '- ,ff 1933.1991 PETER S.HOLTON JOHN S.TAMPER MARK B.KLEINFELD MICHAEL P.WALSH WRITER'S DIRECT LINE: RED wIwAE RETIA.RED FOSTER MICHAEL T.KRANZ H.ADAMS WEAVER OF COUNSEL L MARTIN FLANAGAN March 15, 1994 WORK PRODUCT PRIVILEGED H. David Kelley, Jr. , P.E. 7310 West Lake Drive • West Palm Beach, Florida 33406-6722 Re: Eastwinds Circle Concrete Roadway Tequesta, Florida ' Dear Mr. Kelley: This follows our telephone conversation of last week, wherein I talked to you regarding the concrete roadway at Eastwinds Circle in Tequesta, Florida. Back in 1989 the Village of. Tequesta retained you to prepare a design criteria for the concrete roadway. I am enclosing a package of documents relative to this matter that will presumably refresh your recollection regarding your prior involvement. . Eastwinds Circle is experiencing significant cracking. Richard Staudinger, P.E. of Gee and Jensen, has written a memo dated September 7, 1993, wherein he concludes that the primary problem with the roadway's cracking is due to heavy overloading of the streets by trucks delivering construction equipment including roof tile, concrete and sod. However, the memo does not indicate • why the construction equipment and vehicles has actually caused an overloading. I note with interest that you recommended the use of Class II, 3,400 psi concrete in 1989 before the road was constructed. The developer's engineer, Lindahl, Browning, called for 6"- - 3,000 psi unreinforced concrete pavement. The engineer stood by his recommendation for the minimum FDOT design. In retrospect, it certainly appears that perhaps the specification is the reason for. the current deterioration of the roadway. H. David Kelley, Jr. , P.E. March 15, 1994 Page 2 The Village of Tequesta has asked me to look at this matter to determine what rights and responsibilities may apply. It is my feeling that we should first examine whether the developer's design criteria is the culprit. • Please feel free to contact me so that we can determine where we can go from here. I look forward to consulting with you on this matter. Very truly yours, JONES, FO TER JOHNSTON & BBS, - S N S. TRIMPER / JST:lh\kelley. le ✓ cc: Scott Ladd (privileged work product) • JONES , FOSTER , JOHNSTON & S T U B B S , P . A .