Loading...
HomeMy WebLinkAboutAgreement_General_4/9/2026_Paul and Paula Wittman VILLAGE OF TEQUESTA DONATION AGREEMENT FOR TREE MAINTENANCE THIS AGREEMENT for tree maintenance donation is entered into and effective this day of 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 l 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 1 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 arboricultural 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. 5. 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. & 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 8. 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" 2 constitute the entire agreement between the Parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both Parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on Page 3 below, on the date and year first above written. WITNESSES: aul Wittman a la Wittman VILLAGE OF TEQUESTA ATTEST: ,,,J,,1111,,,,0y Molly Y ng, Mayor "pF T E Q,,. &,,.,, ,, o dal) Lori McWilliams, MMC 9-4 Village Clerk n"ninuu�nmn"" 3 Exhibit A December 19, 2025 Dear Mayor and Members of the Village Council, Please accept this letter as confirmation of our donation to the Village of Tequesta in the amount of $5,000. This donation is made voluntarily and without condition, and is intended to finance the maintenance of the Banyan tree near Bay Harbor Road. It is our pleasure to support the Village of Tequesta, and we appreciate the opportunity to contribute to the community. Respe u submitted, Paul and Paula Wittmann 2S Bay Harbor Road Jupiter, FL 33469