HomeMy WebLinkAboutAgreement_General_12/8/2022_Paul WittmannVILLAGE OF TEQUESTA
DONATION AGREEMENT FOR
BANYAN TREE MAINTENANCE
THIS AGR- 'MENT FOR BANYAN TREE MAINTENANCE is entered into
and effective this day of 19C - , 2022 (the "EfTective 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 Witimann, a man in his individual capacity
with an address of 25 Bay Harbor Road, Tequesta, Florida 33469, hereinafter the "Donor" and
collectively Mth 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 of 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
Agreement.
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 from the Donor, $101.000 to pay for trimming 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: I he Village agrees to use the Donation for the regular
maintenance of the Tree. This will include but nut be limited to exams by an Arborist, trimming.
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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 La«• 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:
Lon Lori McWilliams, MMC
Village Clerk
Paul Wittmann
B :Paul Wittmann, in his individual capacity
VILLAGE OF TEQUESTA
By: Molly You g, Slayor
-Mal) F�
SEAL
INCORPORATED
4.19nQ
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