HomeMy WebLinkAboutAgreement_Water Service_09/30/1977 ®®
CORQETT, WHITE,
MEDAVIS ANI) ASHTON, PA.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in Qhj, County and Local Goaenonent Law
MEMORANDUM
TO: Utility Department Director Couzzo
CC: Deputy Director edy
FROM: Attorney Davis
DATE: March 3 201.x"
RE: Water Service Agreement with Wesley W. Oldham (Harbor Road North)
In 1977, Wesley W. Oldham provided for the installation of the water main from U.S. Highway 1
east along Harbor Road North, in the Jupiter Heights subdivision, to his residence. Pursuant to
correspondence from the Village of Tequesta Water Department, Mr. Oldham was responsible
for providing a variety of items associated with the proper installation, including the provision of
engineering plans, obtaining permits and other approvals, completing necessary testing and
obtaining engineering certifications, deeding the water main to the Village, and paying certain
fees and charges to the Village.
In exchange, it was agreed that all other properties abutting the water main would be required to
pay Mr. Oldham for their pro rata share of the water main installation. It was further agreed that
the Village of Tequesta Water Department would not connect any other property to the water
main until Mr. Oldham had advised that he had been paid and authorized the connection. This
letter was signed by the then Superintendent of the Water Department, Mr. James W. Worth. A
copy of this letter is attached hereto as Exhibit "A ".
Between 1985 and 2007, various adjacent properties have apparently paid the contemplated
fees to Mr. Oldham and have been connected to the water main. Copies of correspondence
between Mr. Oldham and the Village are attached hereto as Exhibit "B ".
In 1985, it appears that the Water Service Agreement was intended to be further memorialized,
including a formula for determining actual cost to be paid by any adjacent property for approval
to connect to the water main. Although this document was executed by Mr. Oldham, there is no
actual evidence of a fully executed copy with the Village's execution as well. Regardless, the
Village of Tequesta Utility Department advised Mr. Oldham in a letter dated January 6, 2003,
that it "is following the agreement pertaining to Harbor Road North" and specifically indicating
that no water service would be provided to properties on harbor Road North adjacent to the
water main until such time as Mr. Oldham advises the Village in writing that he has been
appropriately reimbursed for that pro rata share of the water main installation. This letter was
signed by the then Public Services Supervisor, Mr. Russell K. White. A copy of the Water
Service Agreement is attached hereto as Exhibit "C ". A copy of the January 6, 2003 letter is
attached hereto as Exhibit "D ".
Based on the foregoing, it is my opinion that the Village of Tequesta should continue to honor
the terms of the original understanding with Mr. Oldham as memorialized in the 1977 letter,
revised in the 1985 agreement, and acknowledged in the 2003 letter.
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)k. Wesley Oldham
September 30, 1977
Page ..2..
S. The following Village of Taquesta mazer Department charges and
leas will have to be p"d to the Water Department prior to Install-
atlas of water service:
(a) $400. Capitol laprovemont C harges for each 5/8" x 3/4" meter
or equiveleat thereof.
(b) $125. meter installation for 518" x 3/4" meter. (larger size
motors era greeter cost).
(ee) $24. security deposit for 5 /9" x 3/4" mater (larger size
motor* require larger deposit).
(Total for 514 x 3/4" Motor Install is $549.90)
hor the benefit and Information of the vaeUmv properties abutting the
water main, you should advise as of the amoaat to'be paid to you by each property
as their pro -rata Share of the installetion. The property on State Road 5
(U.S. sighway No, x) should not be ioeluded sloca there is as axistieg water main
on the highway,
p o questa Voter Departnsat will agree not to salve any
inatallatioa to the water main until we receive your written apprmal.
Inclosed is a rough sketch of the proposed Installation for your
iuforaatioa es to what will be required for approxal.
Yours very truly,
WILL Go OF T2QMTA
WATER DEPAATMW
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NORTH RAIN St"". rLORIa► 33400
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village of Togmt R
P.o. Hoot 3313
To"sta, FL 33458
Deer Mr. riot
Pimm nod 0=1xmd a. cm of the x*vised water service ag m m
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Pabragry 24. 1f88
Village of Teiiwsta
P, 0• OM 3474
x'4gwsla, FL 33456
Rat Mater 8e,rv40e Along U. S. Highway One intersecting
With Hamou r Road Mortb
To Whoa it fty Concern,
Please be a,9viodd that !f. Charles Trapani boa paid all
necessary (*"for the above retalrenced Mater line.
i hereby issue tbie v�.tten ebtitiaatioin that the
aano'eot ion of the pre"r ty at 5480 Narbomr Road yMth,
Lot 17, Block 2, 3{lpiter ih3ahte, (aerbour mead 1Qortb)
to the Village water system is aDpraved.
2t yon sboald bttve MY questions regarding this matter,
places feel free to aent"t one at in office (746 - 7429).
Thank you for your cooperet On on thin matter.
estlp,
• Trastae
8 O E Agreement
ca, Charles Trapani
WHOjd
state at r1crida
County of pain Beach
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tO and subscribed to before IIIQ lbia 24t R ^ d3Y`
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July 26, 1993
Village of Tequesta
P. 0. Box 3474
Tequesta, PL 33456
RR3 WATER SBANICB FOR HARBAR ROAD NORM
To Mhom it May Concern:
Please be advised that Joseph Robert Coschi.gnano and
F Blla CoaChigb"o, most the regairements to connect .
to the Tequelsta water system per the water service
agreement.
This will serve you as written notification that
Lot 4, Block 8. (formerly Sykes property), Jupiter
Rights. has approval to tie into the T"Mesta water
system. pay,Nnt was received fV= Sykes during the
original installation.
Ce a ,
al Oldham,- Trustee
ac: P Ts. Parsons
s osd B. Sykes
Joseph & Pay Cosebignaso
file
State of Florida;
County of Palm Beacha ss
Sworn to and subscribed to before me by Nesley N. Qidham,
this 26th day of July, 1993.
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notary to as or t e tat*
of r c n rida
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Mvff � R, FL
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M>I MORANDUM
TO: Ms. Marilyn Gordon
FROM: Weley W. Oldham, Tfvstee
DATE July 17, 2007
RD LOT 1 HARBOR ROAD NORTH
Water savice agmemal with the VdIsge of Taluata
Amount owed from July 3, 1986 to July 8, 2007 for the tie-in release with the Village of -
�*F fl epsc 43
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Thank Youl
WWO;djg
Cc: John Braoedall
Taal Paraon
Village of Tequesta Utilities Dept.
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Exin'lit
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WATER SPAIC$ AGREEMENT
THIS AGREEMSWT, made this day of , 1985,
between WESLEY W. OLDHAM, as Trustee, hareinaf ter referred to as
OLDHAM, and VILLAGE OF TEQUESTA, hereinafter referred to as
THQUESTA.
WITUX8811TRi
WHEREAS, TEQURSTA has extended water lines and service along
U.S. Highway One intersecting with Harbour Road Worth, and
WHEREAS, there is no water service to the properties located
on Harbour Road North, and
WHEREAS, OLDHAM is a property owner on Harbour Road north
and desires to obtain waster service from TEQUESTA, and
WHEREAS,. OLDHAM has agreed to act as Trustee for other
property owners located on Harbour Road North, to -wits JOHN
BROEDELL, SALFORD SYSIS and PAUL PARSONS, and
WHEREAS, OLDHAM and the aforementioned property owners have
prepaid the cost of installation of a water line connecting into
the TEQUESTA line on U.S. Highway One and running the entire
length of Barbour Road North, and
WHEREAS, as a result, water service is now or will be turned
over to THQUBSTA to become a part of their water system, and '
WHEREAS, OLDHAM wishes to make arrangements with TSQUESTA to
secure reimbursement for the costs extended to provide such water
service to Harbour Road North properties.
NOW, THEREFORE, in consideration of the sums advanced by
OLDHAM and of the dedication of said water line to TEQUBSTA and
TEQSESTA's acceptance thereof, it is agreed as follows
I. Any property located on Harbour Road Worth to be !
connected into the TEQUBSTA water system, except that which is
Presently owned by the individuals $et forth above, shall pay as
a connection fee the sum of $27.50 per each fact fronting on
Harbour Road North. Commencing July 8, 1986, that sum shall be
increased by 100, and by 100 on the 8th day of July of each year
thereafter. NO connections will be approved until said
connection, fee has been paid in full.
2. All connection fees will be paid directly to OLDHAM, as
Trustee, by each applicant for a connection. No money for said
connection fee will be delivered to or accepted by TEQUES'TA.
3. For purposes of computing the per front foot charges,
each request for a connection shall be accompanied by an original
survey showing the front property line dimension, and a copy of
tae appliant's recorded deed to the property.
4. OLDHAM will provide TEQUESTA with written notification
that the connection has been paid for and that the connection of
the property to the village water system i approved, whereupon
TEQUESTA shall make the connection.
5. In tha event that TEQUEST?, is compelled as a matter of
law to provide connections in accordance with the terzts at
variance with the provisions of this agreement, it may do so
without any liability to OLDHAM or the other property owners for
who OLDHAM acts as Trustee. If legal action is necessitated as a
result of TEQJESTA having to comply with the terms of this
a;reement, OLDHAM saves, defends and "holds TEQUE5 A harmless in
regard to sane.
n'. TEQUZSTA agrees that upon acceptance of the dedication
of said line all maintenance responsibilities rest with TEQUESTA
as part of The Village of Tequesta Mater System.
SIGNED AND EXECUTED on the data first. above witten.
We _ey W. Ol ham, Trustee
I
VILLAG'1� OF 'TEQUESTA
By
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EX.�ubit ,� 1
VILLAGE OF TEQUEM
PON Offia Ow 9474.136 &WIp ROW
• Tsqauk ) PArids W40 -0474 • (561) .375o6234 } f (� AM 0 , 1uu,
RX 061 573-W5
6,20b Ste' VLAFAX & US MAIL
Ivir Wt" Aim
1312 CeeLene
Suke IA
Juow, Florida 33455
D3Mr Why
'Peie corresyomidocaae is to v * diet d w Ted IMUs UqwlDvW b Mowft Roy
qpsmmw p of to flubw Rand Nordr. When a cuW= requests w8W a YWO an
Hmem Rand Nato, we do mgt aim eetvi m =4 wo xoae w o fetter Am you son 64 yam,
bamboo aei 11 s pd rar dis appopiSte portion of dre water main kMbdM
Wyoulays myr quad= clod" to thiswouadr. pkMIW aft to Cali no.
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TILLAGE OF TEQUESTA
UTILITIES DEPARTMENT
P. G. Box 3474; 136 BridpRoad '
Tequitata rL 33469 -0474 • ($61) 573-6234
YAX: (561) 575 - 6745 )
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please Immildiately noSty us try telephone and return the originsi talseepy to Its at tha sd•erees aaCvt vla the Milled
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