11-29-2001 Letter from Seacoast Utility AuthoritySeacoast Utility Authority
EXECUTIVE OFFICE
November 29, 2001
Mr. Pete Pimentel, Executive Director
Northern Palm Beach County Improvement District
357 Hiatt Drive
Palm Beach Gardens, Florida 33418
Re: Harbour Isles Indemnity Agreement
Dear Mr. Pimentel:
Mailing Address:
P.O. Box 109602
Palm Beach Gardens,
Florida 33410 -9602
i Via/
We understand that Northern Palm Beach County Improvement District ( "Northern") is
considering accepting ownership and maintenance responsibilities for certain roadways,
bridges, and appurtenances in Harbour Isles. In reviewing related documents, Northern has
expressed concern that the Indemnity Agreement ( "Agreement ") recorded at ORB 12171,
Page 912 grants Seacoast legal authority to remove the bridges at will, without notice or
recourse to the owner. Recognizing and respecting Northern's reservations, the Seacoast
Utility Authority Board has authorized this letter on its behalf.
While the Agreement does indeed provide Seacoast that authority, it is most difficult to
envision how doing so would be in Seacoast's interest under normal circumstances. The
gravity sewer mains beneath both bridges are ductile iron pipes installed through larger
ductile iron casing. Should Seacoast need to repair or replace these mains, the preferred
approach would be to excavate on both sides of the bridge and pull the main through the
casing. However, it is possible that at some point more drastic measures might be required.
Traffic maintenance and- public notice are integral components of Seacoast's field
maintenance activities. As a public service agency, we have established an enviable track
record of coordinating such activities with affected residents and agencies. Removing or
intentionally obstructing the Harbour Isles bridges would clearly inconvenience Seacoast
customers seeking ingress and egress. As such, you may be assured that doing so would be
far from a favored option.
Northern has requested that Seacoast commit to providing advance notice before removing
either bridge. Further, should Seacoast deem it necessary to remove either bridge, Northern
seeks the right to compel consideration of alternatives before such removal is accomplished.
While Seacoast will make no such commitments, we value Northern's perspective and will be
pleased to seriously consider these requests in appropriate circumstances.
In closing, we note that this issue arises as the direct and proximate result of decisions made
by the project developer. First, though alternate designs not requiring an indemnification
were reviewed, the developer decided upon this extraordinary approach, fully aware of the
consequences. The developer then took the unusual step of reserving the roadways to himself
4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174
Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839
Mr. Peter Pimentel, Executive Director
November 29, 2001
Page —2-
by plat, perhaps knowing that Northern would not accept them subject to the indemnity
agreement.
As we discussed, there are alternate approaches to addressing this problem, such as Northern
offering the developer or property owners association a maintenance agreement rather than
taking title to the roadways. We trust that Northern has explored all these avenues before
asking Seacoast, another public agency, to assume additional liability or responsibility
occasioned by the developer's acts.
I hope that this letter clearly outlines our intentions. If you require additional information,
please do not hesitate to call me.
Sincerely,
SEACOAST UTILITY AUTHORITY
Gail F. Nelson, Chair
cc SUA Board
Rim Bishop
Bruce Gregg