HomeMy WebLinkAboutAgreement_General_07/27/2000 Return to:
Prepared by:
JOHN C. RANDOLPH Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, Florida 33402 -3475
GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That ROBERT ALBEE, individually and as Personal Representative of the ESTATE OF
ROBERT G. ALBEE, first party, for and in consideration of the sum of Ten Dollars ($10.00), or
other valuable considerations, received from or on behalf of the VILLAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, a Florida municipal corporation, second party, the receipt whereof
is hereby acknowledged,
(Wherever used herein the terms "first party" and "second party" shall include singular
and plural, heirs, legal representatives, and assigns of individuals, and the successor and
assigns of corporations, wherever the context so admits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and
from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums
of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which said first party ever had, now has, or which any personal
representative, successor, heir or assign of said first party, hereafter can, shall or may have, against
any second party, for, upon or by reason of any matter, cause or thing whatsoever, from the
beginning of the world to the date of these presents, and more particularly relating to Village of
Tequesta Water Department Account Number 2198510165.
IN WITNESS WHEREOF, the said first party has caused these presents to be executed this
7 day of T U - Y , 2000.
Signed, sealed and delivered
in the presence of:
Witness Robert Albee, Individually and as
Personal Representative of the
Estate of Robert G. Albee
Print Name
W ess
.t/�(/ f c � • �,,� � L.C./ /9 � S
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared ROBERT
ALBEE, individually and as Personal Representative of the Estate of Robert G. Albee, to me known
to be the person described in the foregoing instrument and that she acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforesaid this day
of , 2000.
Notary Public
(SEAL) My commission expires:
Personally nown v
y P w Keith W Meisel
Produced Identification * *MY Commission CC863354
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Type �'4 „ Expires August 20, 2003
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J ONES? Flagler Center Tower, Suite 1100 Mailing Address
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J OHNSTON 505 South Fla uler Drive Post Office Box 3475
West Palm Beach, Florida 33401 West Palm Beach, Florida 33402-3475
& STL TD
BS PA
I L " X. Telephone (561) 659-3000 Facsimile (561) 832-1454
Attorneys and Counselors
John C. Randolph, Esq. . . .....
Direct Dial: (561) 650-0458
E-mail: jrandolph@jones-foster.com
S L3
July 19, 2000 VIA FAX: 575-6203
Ms. Joann Manganiello
Acting Village ManagerNillage Clerk
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta
Robert G. Albee - Water Account 2198510165
Our File No. 13153.1
Dear Joann:
I am writing to you in regard to a letter of June 9, 2000, from Mf].\ Albee regarding the account
referenced above.
Mr. Albee, through his attorney, advises that he will accept the refund of $183.00 plus interest due
on same in resolution of the dispute he has with the Village as stated in his letter of June 9th. I
compute principal and interest as being $252.38 if paid in full by August 1, 2000. 1 am copying
Keith Meisel, the attorney for the Albee Estate, with this letter and ask that he confirm that amount.
In exchange for the check, I will ask that we receive a release from Mr. Albee and the Estate which
I will prepare and forward to Mr. Meisel for signature.
Please forward a check in the above referenced amount to me made payable to the Estate of Robert
6. Albee, whereupon 1 will de same to Mr. Meisel in exchange for the release. By copy of this
letter to Mr. Meisel I am asking that he contact me to advise me of his acceptance of this proposal.
Sincerely,
JONES, FO ER, JOHNSTON & STUBBS, P.A.
John C. Randolph
JCR/ssrn
Enclosure
cc: Keith W. Meisel, Esquire
Via Fax: 842-1375
,
Estate of Robert G Albee
PO Box 933 • Jupiter, FL 33468
June 9, 2000
Attorney for the Village of Tequesta
Tequesta Water Department
Tequesta, FL 33469
Re: Account Number x,198510165
Water Department Staff and Town Attorney,
This letter shall serve as notice of my demand for the repayment of monies that I was
forced through coersion to pay on 11/15/96 by the Tequesta Water Department to cover
the unpaid Final Water Bill of a former tenant who resided at 11965 Jasmine Dr,
Tequesta. The specific demands, threats and ultimatums made by management at the
Tequesta Water Department were for me to pay the former tenant's overdue Final Bill, or
water service would be disconnected from the new tenants, and a lien would be placed
against the rental property until the bill was paid.
This action unfairly and illegally ext6 ted money from me to cover water utility costs
incurred by someone else. Indeed, I *As actually blamed and accused by the management
at the water department of not collecting enough deposit money to cover their water bill
when I rented the house.
For several months after the former tenants had moved out, I was repeatedly told that I
had to pay their bill, and informed of the consequences if the bill was not paid, because
that was `the law in Tequesta'! I resisted and insisted that it was not my responsibility but
ratherthel enant's responsibility-to ask,.fop-anymonnection or disconnection of service. I
never contracted for water service in Tequesta. After numerous veiled and blatant threats,
verbally and in writing, by the Tequesta Water Department, and a communication from
the law firm representing the Village (which presented me with a copy of the Village
Codes pertaining to the water service), I was actually and effectively blackmailed me into
paying off the former tenants final water bill.
I felt that my first responsibility was to my new tenants, who would have had to move if
their water service was disconnected.
It is the responsibility of the Village of Tequesta Water Department to collect their own
deposits from occupants of rental units, not the landlord; and to cut off service to the
delinquent occupants in a timely manner instead of allowing past due bills to mount
month after month.
According to Florida statutory law, the Village Codes relevant here are unconstitutional
on their face. Florida Statute 180.135 clearly and specifically states:
Utility services; refusal or discontinuance of service for nonpayment of service
charges by former occupant of rental unit prohibited; unpaid service charges of
former occupant not to be basis for lien against rental property, .. .
The Village of Tequesta and it's Water Department have damaged me financially by
purposely extorting money from me and threatening me with illegal remedies. These
actions and Codes are inherently unconstitutional, but still exist and continue to be
enforced as written Codes for the Village of Tequesta.
As such, I hereby demand back my original payment of $183. plus 12% interest for 43
months Nov 1996 -June 2000, ($275.65), with treble damages for a total of $826.94, as
compensation for the unfair, illegal and strong -armed tactics used against me.
This compensation shall be paid within 30 days of the date of this letter.
Additionally, I expect the following conditions to be met.
All illegal Codes used by the Village to enforce its water utility laws shall be rewritten to
comply with and adhere to Florida's Constitution.
The Village of Tequesta shall examine it's records to seek out and contact other landlords
who have been damaged by the illegal Codes of Tequesta, and repay them for their
losses.
If payment is not received within 30 days of the date of this letter, I shall obtain legal
representation and seek legal remedies including punitive damages, an injunction of
Village codes and Class Action against the Village of Tequesta in Court.
Payment shall be made out and mailed to:
Estate of Robert G Albee
PO Box 933
Jupiter, FL 33468
Only Cashier's Check or Bank Draft will be accepted
Thank you
Robert Albee, PR