HomeMy WebLinkAboutDocumentation_Regular_Tab 07_4/9/2026 Agenda Item V.
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - Apr 09 2026
Staff Contact: Doug Chambers, Director of Public Department: Public Works
Works
Consider Approval of Point Drive Banyan Tree Maintenance Donation and Village of Tequesta
Donation Agreement for Tree Maintenance
Since 2021, Mr. Paul Wittmann has generously provided annual donations to support the
maintenance of the landmark Banyan Tree located near Bay Harbor Road. Mr. Wittmann has
continued this tradition and has submitted a voluntary donation in the amount of $5,000 to assist the
Village with ongoing care and preservation of this historic community landmark. Staff recommends
acceptance of this donation and expresses appreciation for Mr. Wittmann's continued generosity and
commitment to the Village.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION:
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
COMMENTS/EXPLANATION ON SELECTIONThis is a donation request
Staff recommends acceptance of this donation in the amount of$5,000
Banyan Tree Donation Agreement
Exhibit A The Wittmann's Donation Letter
Page 242 of 1201
Agenda Item #7.
VILLAGE OF TEQUESTA DONATION AGREEMENT
FOR TREE MAINTENANCE
THIS AGREEMENT for tree maintenance donation is entered into and
effective this day of March, 2026 (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 & Paula Wittmann, a married
couple whose address is 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 piece of land at the
intersection of Bay Harbor Road and Point Drive within the Village which land contains a
banyan tree; and
WHEREAS, the Donors Paul & Paula Wittman wish to voluntarily contribute funds
to the Village to support the general maintenance and care of the banyan tree located on
the Village land; and
WHEREAS, the Donor desires to donate to the Village $5,000.00 for this purpose
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 Five Thousand Dollars ($5,000.00) and as more
particularly described in Exhibit "A" attached hereto. In providing the Donation, the Donor
shall satisfy all applicable federal, state, and local laws and regulations.
2 Value of Donation: The Parties agree that a reasonable estimate of the total
value of the donation is an amount not to exceed Five Thousand Dollars ($5,000.00) as
more fully described and set forth in Exhibit "A". If the Donor elects to claim tax benefits
associated with the Donation, the Village agrees, upon request, to provide Donor
reasonable written verification of the Village's receipt of the Donation and the value
thereof. The Village makes no representations, warranties or guarantees relating to the
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Page 243 of 1201
Agenda Item #7.
tax implications of such Donation.
3. Maintenance and Inspection: The Village intends to use these funds to
support maintenance of the tree including but limited to (1) trimming and pruning, (2)
health maintenance, (3) other related arboriculturai activities at the site. The Village
however shall retain full discretion regarding the timing, location, prioritization, feasibility
and manner of any such activities. Acceptance of this donation does not create any
contractual obligation requiring the Village to perform any specific tree care or tree
maintenance activities. Such activities, if performed, will be at the Village's sole discretion.
This agreement does not obligate the Village to continue tree maintenance activities for
any specific duration nor to expend any additional public funds for tree maintenance
activities. All actions taken by the Village related to trees or public lands shall remain
subject to the Village's governmental authority, policies, and budgetary decisions.
4 No Agency or Partnership: Nothing in this agreement shall be deemed to
create a partnership, join venture, or any agency relationship between the parties.
a 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.
6. Binding Effect: This Agreement is binding on the Village, the Donor, and
their respective successors, assigns, and legal representatives.
7. Assignments: This Agreement shall not be assigned without the express
written consent of both Parties
& Notices: Notice as required in the Agreement shall be considered sufficient
when sent by certified mail or hand delivered to the Parties during regular business hours at
the following addresses:
Village Donor
Village of Tequesta Paul and Paula Wittman
345 Tequesta Drive 25 Bay Harbor Road
Tequesta, FL 33469 Jupiter, Florida, 33469
Attn: Jeremy Allen, Village Manager
9. Entire Agreement:, This three (3) page Agreement and Exhibit "A"
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Page 244 of 1201
Agenda Item #7.
constitute the e n ire ag reeme rat between the Parties, no modification shall be made to this
g reennent u Iles such modification is in writing, agreed to by both Parties and attached
hereto as a n ad d end urn to th is Ag r-ee rye rat.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
Page 3 below, on the date and year first above written.
WITNESSES-,
r. a of Wittman --
auIa Wittman
VILLAGE OF T EQU ET
ATTEST, B : Molly o un g a Mayor
(Seal)
Lori McWilliams,
Village le rk
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Page 245 of 1201
Agenda Item #7. Exhibit A
December 1.9, 2025
Dea r May-o r an d M e rnbers of the V1 I Iage Cc u ncil,
Please accept this letter as con fi rmo do n of ou r dons loon to the Village of T-equesta i n the amount of
5x000_
This donation is made vallu n to rily a nd Litho ut cc nditic n, and is t'nie ded to find rice the maintena rice of
the Banyan Aree rear Bay Harbor Road,
It is ou r please re to support the V1 I Iage of Teq uesta+ and we a pp re-cute the Opportunity to cc ntri bate to
the cornmun'ity.
Resne u ky submitted,
z
Paul and Paula Witt rya n n
25 Bay Harbor Road
Jupiter, FL 33469
Page 246 of 1201