HomeMy WebLinkAboutDocumentation_Regular_Tab 19_9/9/2021Agenda Item #19.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 09 2021
Staff Contact: Doug Chambers, Director of Department: Public Works
Public Works
WF-
Approve Donation Agreement for Banyan Tree Maintenance
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Donation Agreement for Banyan Tree Maintenance
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Please review for approval the Donation Agreement for Banyan Tree Maintenance
2021 Banyan Tree Maintenance Agreement
August 2021 Banyan Tree Maintenance Donation Memo
Page 240 of 250
Agenda Item #19.
VILLAGE OF TEQUESTA
DONATION AGREEMENT FOR
BANYAN TREE MAINTENANCE
THIS AGREEMENT FOR BANYAN TREE MAINTENANCE is entered into
and effective this lSf day of 1 2021 (the "Effective Date'), by and between the
VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of
the State of Florida, hereinafter the "Village"; and Paul Wittmann, a man in his individual capacity
with an address of 25 Bay Harbor Road, Tequesta, Florida 33469, hereinafter the "Donor" and
collectively with the Village, the "Parties'.
RECITALS
WHEREAS, the Village of Tequesta owns and maintains a banyan tree located at the
intersection of Point Drive and Bay Harbor Road within the Village (the "Tree'); and
WHEREAS, the Village pays for regular maintenance ol'the Tree, performed three to four
times per year, at a cost of approximately $8,000 annually; and
WHEREAS, the Donor appreciates the beauty of this tree and wishes to support the
Village in its maintenance activities; and
WHEREAS, the Donor desires to donate to the Village money for the trimming and
maintenance of the Tree. and the Village desires to accept same from the Donor (the "Donation');
and
WHEREAS, the Parties desire to set forth the terms and conditions of the Donation in this
Aureement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties hereby agree as follows:
1. The Donation: The Donor agrees to donate to the Village. and the Village agrees
to accept 1rom the Donor, S 10,000 to pay for trimm ing and maintenance of the Tree. This Donation
is made in accordance with Village Resolution No. 59-19 which is hereby incorporated by
reference. In providing the Donation. the Donor shall satisfy all applicable federal, state, and local
laws and regulations.
2. Use of the Donation: The Village agrees to use the Donation for the regular
maintenance of the "free. ']'his will include but not be limited to exams by an Arborist, trimming.
Page 1
Page 241 of 250
Agenda Item #19.
pruning, and subsequent debris removal and cleanup, consistent with the maintenance activities
that the Village has performed in the past or otherwise as recommended by an Arborist.
3. Choice of Law and Venue: This Agreement shall be governed and construed in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regard to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES:
ATTEST:
Lori McWilliams, MMC
Village Clerk
Paul Wittmann
4Byl4WVittm(Wa�nn, in his individual capacity
VILLAGE OF TEQUESTA
By: Frank D'Ambra, Mayor
Pa-e 2
(Seal)
Page 242 of 250
Agenda Item #19.
Village
345 Tequesta Drive
Tequesta, FL 33469
Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
Subject: Banyan Tree Maintenance Donation
Date: August 24, 2021
561-768-0700
www.tequesta.org
The following agenda references an offer to donate funds to help maintain the
Banyan Tree on Point Drive.
The Village of Tequesta owns and maintains the Banyan Tree on Point Drive.
Several times each year, the Public Works Department schedules trimming based on an
arborists assessment and recommendations.
I received an email from Village Resident Paul Wittmann, who expressed his appreciation for
the beauty of the Banyan Tree and offered to contribute $10,000 to maintain the tree in Fiscal
Year 2022.
The Public Works Department expends $8,000-$10,000 annually in order to maintain the tree.
It is at the Village Council's discretion to accept this generous offer from Mr. Wittmann.
Douglas Chambers
Director
Department of Public Works
Vice -Mayor Kyle Stone
Council Member Bruce Prince
Mayor Frank D'Ambra, III Council Member Laurie Brandon
Council Member Molly Young
Village Manager Jeremy Allen
Page 243 of 250