HomeMy WebLinkAboutDocumentation_Regular_Tab 04_1/8/2026 Agenda Item #4.
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - Jan 08 2026
Staff Contact: Allyson Felsburg Department: Utilities
Consider Approval of an Amendment to the Florida Department of Environmental Protection (FDEP)
Tequesta Park Lease (Lease No. 4505)
SUMMARY: A
The Utilities Department (UD) recommends approval of an amendment to the current FDEP Tequesta
Park Lease (Lease No. 4505), executed in 2005 with a 50-year term. The amendment is needed to
clearly and expressly authorize the Village's three (3) surficial aquifer (SA) potable well sites located
within Tequesta Park, and to align the lease language with current operational and permitting
requirements.
Lease No. 3628 (the prior Tequesta Park lease) included a sublease authorizing the Village's three
(3) existing potable supply surficial wells. In 2005 a new lease was executed, and the sublease was
not carried over to the new lease. In April 2025 UD staff was coordinating the survey and relocation of
gopher tortoises at SA Well 19 in anticipation of the well replacement and discovered that the Village
no longer had the authorization to own and operate the wells on the park property. At this time staff
began coordinating lease amendment with FDEP to include the required language necessary to
maintain the wells.
The prior sublease contained consumption limits that are inconsistent with current South Florida
Water Management District (SFWMD) limits and included construction restrictions that would have
limited the Village's ability to upgrade the wells. Although any well upgrades are currently on hold until
the Water Treatment Master Plan is completed by Kimley-Horn (to determine whether further
investment in the wells is warranted), the Village still needs to amend the current FDEP lease (Lease
No. 4505) so the Village has clear, current authorization to operate and maintain the existing wells.
To address this issue and avoid future uncertainty, staff recommends approval of a lease amendment
that (1) explicitly authorizes the three (3) surficial potable wells and related appurtenances within
Tequesta Park; and (2) ties well operation to the Village's applicable South Florida Water
Management District (SFWMD) Water Use Permit (WUP) conditions rather than fixed extraction
limits, to maintain operational continuity while ensuring protection of the surficial aquifer.
The full FDEP Tequesta Park lease can be viewed by contacting the Utilities Department at
561-768-0459.
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.
Page 119 of 572
Agenda Item #4.
BUDGET INFORMAJION: J--j
BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
FUNDING SOURCES: N/A IS THIS A PIGGYBACK:
❑ Yes ❑X N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑X N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTIONApproval of Amendment
XTTACHMENTS:
1) FDEP Tequesta Park Lease Amendment
Page 120 of 572
Agenda Item #4.
This instrument prepared by:
Jay Sircy
Department of Environmental Protection
Bureau of Public Land Administration
Division of State Lands
3900 Commonwealth Blvd.MS 130
Tallahassee,Florida 32399-3000
Action No. 5103 8
ATL 1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
AMENDMENT NUMBER ONE TO LEASE NUMBER 4505
THIS LEASE AMENDMENT is entered into this day of , 20 , by and between the
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
hereinafter referred to as"LESSOR"and the VILLAGE OF TEQUESTA,a Florida municipal corporation,hereinafter referred
to as"LESSEE";
WITNESSETH:
WHEREAS, LESSOR, by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the
use and benefit of the State of Florida; and
WHEREAS,on July 26,2005,LESSOR and LESSEE entered into Lease Number 4505 (the"lease"); and
WHEREAS,LESSOR and LESSEE desire to amend the lease to modify the purpose.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto
agree as follows.
1. Paragraph 4 of the lease is hereby revised,replaced,and superseded in its entirety by the following:
4. PURPOSE: LESSEE shall manage the leased premises only for the conservation and protection of natural and
historical resources and for resource based public outdoor activities and education which are compatible with
the conservation and protection of these public lands, as set fourth in subsection 259.032(9), Florida Statutes, along
with other related uses necessary for the accomplishment of this purpose as designated in the Management Plan
required by Paragraph 8 of this lease and to install, operate, maintain and replace potable public water wells. The
Lessee shall be limited to installing a maximum of three (3) potable water wells within the leased premises in
accordance with any applicable consumptive use permit issued by a water management district.
Page 121 of 572
Agenda Item #4.
2. It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of Lease Number 4505,
except as amended,shall remain unchanged and in full force and effect and the same are hereby ratified,approved and confirmed
by LESSOR and LESSEE as of the date of this amendment.
3. It is understood and agreed by LESSOR and LESSEE that this Amendment Number one to Lease Number 4505 is
hereby binding upon the parties hereto and their successors and assigns.
4. This lease amendment may be executed by electronic signature,which shall be considered as an original signature for
all purposes and shall have the same force and effect as an original signature. without limitation,"electronic signature" shall
include faxed versions of an original signature or electronically scanned and transmitted versions(e.g.,via pdf)of an original
signature.
[Remainder of page intentionally left blank;Signature page follows]
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Page 2 of 3 Amendment one to Lease 4505
Page 122 of 572
Agenda Item #4.
1N WITNESS WHEREOF,the parties have caused this Lease Amendment to be executed on the day and year first
above written.
"LESSOR"' "'LESSEE'S
BOARD of TRUSTEES of THE INTERNAL VILLAGE OF TE UESTA,a Florida municipal
IMPROVEMENT TRUST FUND OF THE STATE corporation
F FLORIDA
(SEAL) (SEAL)
BY- BY:
Brad Richardson,hardson, Chief,Bureau of Public Land Molly Young,tayD�
Administration, Division of State Lands, State of
Florida Department of Environmental Protection, a
agent for and on behalf ofthe Board of Trustees of the ��,,,,,,►►`"t, la "',ff',,,,{,,,
Internal Improvement Trust Fund of'the State of
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Page 3 of 03 Amendment One to Lease 4505
Page 123 of 572