Council Meeting Agen.. - Wellington

1. CALL TO ORDER 

REGULAR MEETING OF THE 

WELLINGTON VILLAGE COUNCIL 

2. PLEDGE OF ALLEGIANCE 

3. INVOCATION 

TO BE ANNOUNCED 

4. APPROVAL OF AGENDA 

5. PRESENTATIONS AND PROCLAMATIONS 

Bob Margolis, Mayor 

Howard K. Coates, Jr., Vice Mayor 

Matt Willhite, Councilman 

Anne Gerwig, Councilwoman 

John Greene, Councilman 

Wellington City Hall 

12300 Forest Hill Boulevard 

Wellington, Florida 

TUESDAY, DECEMBER 11, 2012 

7:00 PM 

A. PROCLAMATION RECOGNIZING THE INTERNATIONAL POLO CLUB FOR HOSTING 

THE USA FIELD HOCKEY ASSOCIATION NATIONAL HOCKEY FESTIVAL 

Recognition of the International Polo Club for hosting the USA Field Hockey Association 

National Hockey Festival from November 22nd through 25th, 2012. 

B. PRESENTATION BY THE FIREFIGHTERS BENEVOLENT ASSOCIATION OF 

PROCEEDS FROM THE JEFF ANNAS MEMORIAL FIREFIGHTERS 5K RUN TO LITTLE 

SMILES OF FLORIDA 

Presentation by the Firefighters Benevolent Association of a $6,000 check representing 

proceeds from the 5th Annual Jeff Annas Memorial Firefighters 5K Run to Little Smiles of 

Florida.

Wellington Council Meeting December 11, 2012 Page 2 of 606 

6. CONSENT AGENDA 

A. MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF SEPTEMBER 26, 

2012 AND OCTOBER 9, 2012 

Council review and approval of the Minutes of the Regular Wellington Council Meetings of 

September 26, 2012 and October 9, 2012. 

B. AUTHORIZATION TO AWARD A CONTRACT FOR THE IMPROVEMENTS TO THE 

AQUATICS BUILDING 

Authorization to award a contract to Eagle Enterprises, Inc. in the amount of $39,256.00 for 

the improvements to the aquatics building. 

C. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH INNOVATIVE METERING 

SOLUTIONS, INC. FOR WATER METERS AND COMPONENTS 

Authorization to enter into an agreement with Innovative Metering Solutions for the purchase 

of meters, parts and equipment manufactured by Badger Meter Company, not to exceed 

$140,000 for FY 2013. 

D. AUTHORIZATION TO AWARD CONTRACTS TO PROVIDE LANDSCAPE 

MAINTENANCE SERVICES TO FACILITIES, LIFT STATIONS AND WELL SITES 

THROUGHOUT WELLINGTON 

Authorization to award contracts to provide Landscape Maintenance Services to Facilities, 

Lift Stations and Well Sites throughout Wellington. 

E. APPROVAL OF A MAINTENANCE AND SUPPORT AGREEMENT FOR BROADBAND 

MESH SINGLE RADIO ROUTERS 

Approval of a maintenance and support agreement for broadband mesh single radio routers 

with Tropos Networks, Inc. in the amount of $42,226.60. 

F. AUTHORIZATION TO AWARD THE CONTRACT FOR THE PURCHASE AND DELIVERY 

OF A VALVE MAINTENANCE TRAILER AND APPROVAL OF ASSOCIATED BUDGET 

AMENDMENT #2013-002 

Authorization to award a contract to E.H. Wacks for the purchase and delivery of a valve 

maintenance trailer in the amount of $50,727.50 and allow staff to make the appropriate 

budget revisions. 

G. RESOLUTION R2012-78 (APPROVAL OF AMENDMENT NO.6 TO THE 

NEIGHBORHOOD STABILIZATION PROGRAM1 (NSP1) GRANT AGREEMENT) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AMENDMENT 

NO. 6 TO THE AGREEMENT WITH PALM BEACH COUNTY FOR THE PURPOSE OF 

RECEIVING A GRANT UNDER THE PROVISIONS OF THE NEIGHBORHOOD 

STABILIZATION GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE.


Approval of R2012-78 authorizing Amendment No. 6 to NSP1 Grant Agreement (the 

Agreement) between Wellington and Palm Beach County amending the expiration date to 

the Agreement and giving Wellington additional options in regards to the disposal of the 

homes. 

H. RESOLUTION R2012-79 (CHEDDAR'S AT WELLINGTON PLAT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND 

APPROVING THE CHEDDAR'S AT WELLINGTON PLAT FOR A 5.45 ACRE PARCEL 

LYING IN SECTION 12, TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF 

WELLINGTON, PALM BEACH COUNTY, FLORIDA, BEING A REPLAT OF A PORTION 

OF TRACT 1, BLOCK 18, PALM BEACH FARMS COMPANY PLAT NO. 3., AS 

RECORDED IN PLAT BOOK 2, PAGES 45-54, PUBLIC RECORDS OF PALM BEACH 

COUNTY, FLORIDA. 

Approval of Resolution R2012-79 accepting and approving the Cheddar's at Wellington Plat. 

7. PUBLIC HEARINGS 

A. INTENT TO CONTINUE USING THE UNIFORM METHOD OF COLLECTING NON-AD 

VALOREM ASSESSMENTS FOR WELLINGTON, FLORIDA AND ACME IMPROVEMENT 

DISTRICT 

(A) RESOLUTION R2012-73: A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

EXPRESSING THE INTENT OF WELLINGTON TO CONTINUE TO USE THE UNIFORM 

METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED 

AND PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE 

NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS AND SETTING FORTH 

THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN WELLINGTON'S 

JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE LEVY 

OF WELLINGTON NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN 

EFFECTIVE DATE. 

(B) RESOLUTION NO. AC2012-08: A RESOLUTION OF THE BOARD OF SUPERVISORS 

OF THE ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT OF THE 

DISTRICT TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD 

VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, 

FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD 

VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE 

REAL PROPERTY WITHIN THE DISTRICT'S JURISDICTIONAL BOUNDARIES THAT 

MAY OR SHALL BE SUBJECT TO THE LEVY OF DISTRICT NON-AD VALOREM 

ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE. 

Approval of: 

(a) Resolution No. R2012-73 for Wellington and (b) Resolution AC2012-08 for the Acme 

Improvement District for the intent to continue to use the Uniform Method of Collecting Non- 

Ad Valorem Assessments.


B. RESOLUTION R2012-68 (WELLINGTON POLO PRESERVE) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE MASTER 

PLAN AMENDMENT FOR PETITION 2012-029 MPA6, ALSO KNOWN AS WELLINGTON 

POLO PRESERVE LOCATED WITHIN SECTION 34 (PART OF ORANGE POINT PUD), 

NOT INCLUDING THE SOUTHWEST 51.70 ACRES KNOWN AS IROQUOIS FARM, AS 

DESCRIBED MORE PARTICULARY HEREIN, TO DELINEATE THE MASTER PLAN INTO 

THREE (3) PARCELS, CONSISTING OF ONE HUNDRED AND FOURTEEN (114) 

RESIDENTAL UNITS, AND PROVIDE FOR TWO (2) ADDITIONAL ACCESS POINTS 

ALONG 130TH AVENUE SOUTH AND ONE (1) ADDITIONAL ACCESS POINT ALONG 

50TH STREET SOUTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 

OF LAWS IN CONFLICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 

PURPOSES. 

Approval of Resolution 2012-68 for a Master Plan Amendment to Wellington Polo Preserve 

which will create three (3) additional access points and separate the properties into three (3) 

parcels containing a total of 114 lots. 

8. REGULAR AGENDA 

A. ORDINANCE 2012-21 (REAL PROPERTY MORTGAGE REGISTRATION) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO 

MORTGAGED REAL PROPERTY; AMENDING THE CODE OF ORDINANCES OF 

WELLINGTON, FLORIDA BY ENACTING CHAPTER 72, “REAL PROPERTY 

MORTGAGE REGISTRATION”; PROVIDING PURPOSE, INTENT, DEFINITIONS, AND 

APPLICABILITY, REQUIRING MORTGAGEE REGISTRATION RELATING TO REAL 

PROPERTY MORTGAGES IN DEFAULT; PROVIDING FOR THE FORM OF 

REGISTRATION; REQUIRING MAINTENANCE OF CERTAIN REAL PROPERTY BY 

MORTGAGEES, PROVIDING SECURITY REQUIREMENTS; PROHIBITING 

OBSTRUCTION OF CODE ENFORCEMENT OFFICERS; PROVIDING FOR IMMUNITY OF 

CODE ENFORCEMENT OFFICERS; PROVIDING FOR ADDITIONAL MAINTENANCE 

AND SECURITY REQUIREMENTS; PROVIDING SUPPLEMENTAL AUTHORITY; 

PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 

PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING AN EFFECTIVE 

DATE; AND PROVIDING AN ADOPTION SCHEDULE. 

Approve an amendment to the Code of Ordinances creating Chapter 72 Sections 1 through 

12; to establish "Real Property Mortgage Registration" for the purpose of protecting 

neighborhoods from blight as a result of inadequate maintenance and security due to 

properties in foreclosure. 

B. CONSIDERATION OF A PROPOSED SETTLEMENT AGREEMENT ON EQUESTRIAN 

VILLAGE 

Wellington Equestrian Partners LLC is proposing a settlement agreement that will allow the 

use of the Equestrian Village property and may end litigation at least from WEP. Staff is 

seeking a Council decision.


C. DIRECTION TO THE MANAGER REGARDING THE PROVISION OF LEGAL SERVICES 

Staff is seeking direction to the Manager to negotiate for interim legal representation. 

9. PUBLIC FORUM 

10. ATTORNEY’S REPORT 

11. MANAGER’S REPORT & UPDATES 

12. COUNCIL REPORTS 

13. ADJOURNMENT 

NOTICE 

If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting, you will need 

a record of the proceedings, and you may need to ensure that a verbatim record of the proceedings is made, which record includes the 

testimony and evidence upon which the appeal is to be based. (The above notice is required by State Law. Anyone desiring a verbatim 

transcript shall have the responsibility, at his own cost, to arrange for the transcript). 

Pursuant to the provision of the Americans With Disabilities Act: any person requiring special accommodations to participate in these 

meetings, because of a disability or physical impairment, should contact the Village Manager’s Office (561) 791-4000 at least five calendar 

days prior to the Hearing.

5. A 



AGENDA ITEM SUMMARY 

AGENDA ITEM NAME: PROCLAMATION RECOGNIZING THE INTERNATIONAL POLO CLUB 

FOR HOSTING THE USA FIELD HOCKEY ASSOCIATION NATIONAL HOCKEY FESTIVAL 

ACTION REQUESTED: Discussion Approval 

BUDGET AMENDMENT 

REQUIRED: Yes No See Below 

PUBLIC HEARING: Yes No QUASI-JUDICIAL 

FIRST READING 

SECOND READING 

REQUEST: Recognition of the International Polo Club for hosting the USA Field Hockey 

Association National Hockey Festival from November 22 nd through 25 th , 2012. 

EXPLANATION: The National Hockey Festival is the world’s largest field hockey event with 196 

teams competing and more than 8,000 athletes and spectators in attendance. Between November 

22 nd and 25 th , the International Polo Club hosted the 2012 USA Field Hockey Association National 

Hockey Festival. A proclamation recognizing them for hosting the festival is attached. 

LEGAL SUFFICIENCY: Yes 

FISCAL IMPACT: N/A 

VILLAGE GOAL: Protecting our Investment 

RECOMMENDATION: Recognition of the International Polo Club for hosting the USA Field Hockey 

Association National Hockey Festival from November 22 nd through 25 th , 2012.


A PROCLAMATION OF WELLINGTON, 

FLORIDA’S COUNCIL RECOGNIZING THE 

INTERNATIONAL POLO CLUB FOR HOSTING 

THE 2012 NATIONAL HOCKEY FESTIVAL 

WHEREAS, the International Polo Club hosted the USA 

Field Hockey Association National Hockey Festival from 

November 22 – 25, 2012 and will also be hosting the upcoming 2013 

Festival; and 

WHEREAS, the National Hockey Festival is the world’s 

largest amateur field hockey event with 196 teams competing for 

titles in men’s and women’s divisions. More than 8,000 athletes 

and spectators from across the United States, Canada, Europe and 

the Caribbean were in attendance; and 

WHEREAS, the National Hockey Festival is the largest 

sporting event to be held in Palm Beach County and is expected to 

generate more than $9 million dollars in visitor spending; and 

WHEREAS, the International Polo Club is commended for 

hosting the festival and the economic impact it had on local 

businesses within Wellington and throughout the County. 

NOW, THEREFORE, the Village Council of Wellington, 

Florida hereby recognizes the International Polo Club for hosting 

the 2012 International Field Hockey Association National Hockey 

Festival and the upcoming 2013 National Hockey Festival. 

IN WITNESS THEREOF, I have hereunto set my hand and 

cause the Seal of the Village of Wellington to be affixed this 11 th day 

of December, 2012. 

ATTEST: WELLINGTON, FLORIDA 

BY:_______________________________ BY:__________________________________ 

Awilda Rodriguez, Village Clerk Bob Margolis, Mayor

5. B 




AGENDA ITEM NAME: PRESENTATION BY THE FIREFIGHTERS BENEVOLENT 

ASSOCIATION OF PROCEEDS FROM THE JEFF ANNAS MEMORIAL FIREFIGHTERS 5K RUN 

TO LITTLE SMILES OF FLORIDA 





FIRST READING 


REQUEST: Presentation by the Firefighters Benevolent Association of a $6,000 check representing 

proceeds from the 5th Annual Jeff Annas Memorial Firefighters 5K Run to Little Smiles of Florida. 

EXPLANATION: The Palm Beach County Firefighters organized and presented the 5 th Jeff Annas 

Memorial Firefighters 5K Run on September 15, 2012. 

In the race’s short history, approximately $50,000 has been raised for local charities and $16,000 

has gone toward scholarships via the Jeff Annas Memorial Scholarship Fund. Several of the 

participants have been Wellington residents. 

The Firefighters Benevolent Association and District Chief Richard Ellis will present a check in the 

amount of $6,000 representing the proceeds from this year’s race to Scott Anderson representing 

Little Smiles of Florida. 



VILLAGE GOAL: Responsive Government 

RECOMMENDATION: Presentation by the Firefighters Benevolent Association of a $6,000 check 

representing proceeds from the 5 th Annual Jeff Annas Memorial Firefighters 5K Run to Little Smiles 

of Florida.

6. A 




AGENDA ITEM NAME: MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETINGS OF 

SEPTEMBER 26, 2012 AND OCTOBER 9, 2012 





FIRST READING 


REQUEST: Council review and approval of the Minutes of the Regular Wellington Council Meetings 

of September 26, 2012 and October 9, 2012. 

EXPLANATION: Attached for Council’s review and approval are the Minutes of the Regular 

Wellington Council meetings of September 26, 2012 and October 9, 2012. 




RECOMMENDATION: Council review and approval of the Minutes of the Regular Wellington 

Council Meetings of September 26, 2012 and October 9, 2012.


MINUTES 


WELLINGTON COUNCIL 


12300 Forest Hill Blvd. 

Wellington, Florida 33414 

Wednesday, September 26, 2012 

7:00 p.m. 

Pursuant to the foregoing notice, a Regular Meeting of the Wellington Council was held on 

Wednesday, September 26, 2012 commencing at 7:00 p.m. at Wellington City Hall, 12300 Forest Hill 

Boulevard, Wellington, FL 33414. 

Council Members present: Bob Margolis, Mayor; Howard K. Coates, Jr., Vice Mayor; Matt Willhite, 

Councilman; Anne Gerwig, Councilwoman; and John, Councilman. 

Advisors to the Council: Paul Schofield, Manager; Jeffrey S. Kurtz, Esq., Attorney; Awilda Rodriguez, 

Clerk; John Bonde, Deputy Manager; Francine Ramaglia, Assistant Manager; and Jim Barnes, 

Director of Operations. 

1. CALL TO ORDER – Mayor Margolis called the meeting to order at 7:00 p.m. 

2. PLEDGE OF ALLEGIANCE – Mayor Margolis led the Pledge of Allegiance. 

3. INVOCATION – Councilwoman Gerwig delivered the Invocation that was prepared by Pastor 

Tom Amburgey, First Baptist Church, Greenacres, FL. 


Mr. Schofield presented the approval of the agenda noting the following changes: (1) move Consent 

Agenda item 6L - Resolution R2012-62 (A1A Tennis Request for Recovery of Costs) to item 8E on the 

Regular Agenda; and (2) add Approval of the Contract for Mr. Craig Bachove to Provide Financial 

Expert Services to the Selection Committee to item 8D - Approve Selection of a Financial Expert and 

Timeline for Annual Auditing Services RFP#084-12/Ed. 

A motion was made by Vice Mayor Coates, seconded by Councilman Willhite, and 

unanimously passed (5-0) approving the agenda as amended. 


Mr. Schofield indicated there were no presentations or proclamations. 

1



A. MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JANUARY 31, 

2012 THROUGH FEBRUARY 2, 2012 

B. AUTHORIZATION TO UTILIZE A CITY OF OCALA CONTRACT WITH INFOSEND, INC. 

FOR UTILITY BILL PRINTING AND MAILING SERVICES 

C. AUTHORIZATION TO RENEW CONTRACT WITH PORT CONSOLIDATED FOR THE 

PURCHASE AND DELIVERY OF GASOLINE AND DIESEL FUEL 

D. AUTHORIZATION TO RENEW THE SENIOR TRANSPORTATION PROGRAM SERVICES 

CONTRACT 

E. AUTHORIZATION TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF THE 

50TH STREET SOUTH (WEST) ROAD IMPROVEMENT PROJECT 

F. AUTHORIZATION TO AWARD A CONTRACT FOR THE CONSTRUCTION OF 50TH 

STREET SOUTH (EAST) ROAD IMPROVEMENTS PROJECT 

G. AUTHORIZATION TO AWARD A CONTRACT FOR STRIBLING WAY LANDSCAPE AND 

IRRIGATION IMPROVEMENTS 

H. AUTHORIZATION TO RENEW THE CONTRACT FOR LANDSCAPE MAINTENANCE 

SERVICES OF ALL PARKS VILLAGE-WIDE 

I. AUTHORIZATION TO UTILIZE PRICING BASED ON THE TOWN OF CARY, NORTH 

CAROLINA CONTRACT WITH SCHAEFER SYSTEMS INTERNATIONAL, INC. FOR THE 

PURCHASE OF WHEELED TRASH CONTAINERS 

J. RESOLUTION NO. R2012-57 (APPROVAL OF ANNUAL LISTING OF 

PROCLAMATIONS): A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

AUTHORIZING THE MAYOR TO EXECUTE CERTAIN PROCLAMATIONS FOR FISCAL 

YEAR 2012/2013 AND PROVIDING AN EFFECTIVE DATE. 

K. RESOLUTION R2012-56 (RENEWAL OF THE INTERLOCAL AGREEMENT WITH PALM 

BEACH COUNTY TO PROVIDE PARATRANSIT SERVICES): A RESOLUTION OF 

WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR 

AND CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH 

COUNTY TO PROVIDE TRANSPORTATION SERVICES FROM OCTOBER 1, 2012 

THROUGH SEPTEMBER 30, 2013; AND PROVIDING AN EFFECTIVE DATE. 

L. RESOLUTION R2012-62 (A1A TENNIS REQUEST FOR RECOVERY OF COSTS): A 

RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL DENYING A1A TENNIS, LLC’S 

REQUEST FOR BID PREPARATION COSTS RELATED TO THEIR RESPONSE TO RFP 

#084-12/ED – TENNIS CENTER MANAGEMENT AND MAINTENANCE SERVICES; AND 

PROVIDING AN EFFECTIVE DATE. (MOVED TO ITEM 8E ON THE REGULAR AGENDA) 

Mr. Schofield presented the Consent Agenda and indicated staff was recommending approval. He 

also mentioned there was a discussion at Agenda Review regarding the verbatim minutes. He stated 

he spoke to Councilman Willhite about this and mentioned a memorandum was being prepared to 

clarify the minutes. 


unanimously passed (5-0) approving the Consent Agenda as amended. 


A. SECOND BUDGET HEARING PROPOSED FISCAL YEAR 2012-2013 BUDGET AND 

CAPITAL IMPROVEMENT ELEMENT 

2


Mr. Schofield introduced the agenda item noting that there were two related resolutions. He indicated 

Ms. Rodriguez would read the resolutions by title and Ms. McIlveen was there to make the 

presentation. 

A. RESOLUTION NO. R2012-63 (MILLAGE RATE): A RESOLUTION OF WELLINGTON, 

FLORIDA’S COUNCIL ADOPTING THE TAX LEVY AND MILLAGE RATE FOR 

WELLINGTON FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012, AND 

ENDING SEPTEMBER 30, 2013; AND PROVIDING AN EFFECTIVE DATE. 

B. RESOLUTION NO. 2012-64 (BUDGET): A RESOLUTION OF WELLINGTON, 

FLORIDA’S COUNCIL ADOPTING A BUDGET FOR WELLINGTON FOR THE FISCAL 

YEAR COMMENCING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; 

REVIEWING THE FIVE-YEAR CAPITAL IMPROVEMENT SCHEDULE IN ACCORDANCE 

WITH THE CAPITAL IMPROVEMENT ELEMENTS OF WELLINGTON’S 

COMPREHENSIVE PLAN; PROVIDING AN UPDATE OF THE FIVE-YEAR CAPITAL 

IMPROVEMENT SCHEDULE OF THE CAPITAL IMPROVEMENT ELEMENT; AND 

PROVIDING FOR AN EFFECTIVE DATE. 

Ms. McIlveen explained that this was the final budget adoption for the 2012/2013 budget and clarified 

it was not just the adoption of the millage rate as was done in the past, but the actual adoption of the 

governmental budget. She indicated the last time Council met, they adopted a preliminary tax rate of 

2.5 mils. She also indicated that previously on August 14, 2012, they adopted the budget for ACME 

which includes Surface Water Management and Utilities at no change from last year. She noted that 

to date, they have not made any changes to the tax rates or assessments for the previous three 

years. 

Vice Mayor Coates stated he was pushing for the 2.48 millage rate at the last meeting because that 

was staff’s recommendation. He also thought there was some discussion at the first hearing among 

Council that if they approved a 2.5 millage rate, they would not be locked into that rate and could still 

approve a millage rate of 2.48 at the adoption hearing. Vice Mayor Coates asked Ms. McIlveen if 

anything had occurred or changed over the past two weeks that changed staff’s original opinion of the 

recommended 2.48 millage rate as opposed to 2.5. Ms. McIlveen responded stating since the last 

meeting, staff and management met with the department directors, and they started looking at some 

of the expenses anticipated for repairs and infrastructure improvements needed not just due to the 

tropical storm. She said they were also looking at some of the bids that came in, in terms of the 

asphalt prices and some items coming up for the 2013 budget. She stated they were proposing to 

take the $330,000 they were gaining, not just from last year to this year, but from adopting the 2.5 

millage rate, and asking that it be reserved for road maintenance and infrastructure improvements. 

Vice Mayor Coates understood that and said it indicated to him that staff had done exactly what he 

expected them to do which was go back and find a way to spend the money we’re approving. Vice 

Mayor Coates then reiterated his question and asked if anything had changed in the past two weeks 

that would put staff in a position where they could not recommend the 2.48, but needed to 

recommend a millage rate of 2.5. Ms. McIlveen explained that nothing had changed in the last two 

weeks, but they reflected back and the 2.5 millage would allow them to do some of things that needed 

to be done. 

Councilwoman Gerwig wanted to know if it was actually 2.47, with 2.48 being the rollback rate. Ms. 

McIlveen explained 2.47 is their original recommendation, 2.5 is the same as last year, and 2.48 is the 

rollback rate. 

3


Councilman Greene indicated he doesn’t favor tax increases and essentially by holding the millage 

rate at 2.5, it’s a tax increase. He said they talked about the numbers and the increase would be 

$6.00 per household. Councilman Greene didn’t disagree with Vice Mayor Coates about staff finding 

a way to spend the money, but thinks their approach is to put it in reserve and hold onto it. 

Councilman Greene asked Mr. Schofield if it was pay now or pay later and if the $330,000 would go 

into a reserve account or be spent next year. Mr. Schofield explained it would not be his 

recommendation for it to go into long-term reserves. He indicated the amount that’s different is 

$330,000, and about $120,000 of that is the actual tax increase and the balance of that is the value of 

new construction. He said that they were looking at about $120,000 over and above what would have 

been collected absent new construction. In answer to Vice Mayor Coates’ question, Mr. Schofield 

indicated that they could live with 2.47 and were prepared to do that; however, what has changed in 

relation to preparing the budget were the impacts of Tropical Storm Isaac. He indicated they identified 

what could be approximately $5 million to $10 million, and those numbers could actually be more 

based on what needs done. He noted there was one specific project he would earmark money 

towards right now. He explained they had a significant problem during Isaac where the C8 canal 

crosses Forest Hill Blvd, there are two 54” culverts under the road that were put in when it was 

designed only to drain the area north of Pierson Road. He stated now that they have picked up the 

four linear miles beyond that those culverts need to be augmented and the cost of that is about 

$300,000. Mr. Schofield said that’s where he would earmark the money because he would not 

suggest putting it in a capital reserve other than for roadway and drainage projects. Mr. Schofield 

indicated Vice Mayor Coates was correct that staff will find what they believe is an appropriate and 

necessary way to spend that money although those improvements would have to be done, and for the 

most part the repairs and improvements will not be budgeted as most of them have not been identified 

that closely yet. He pointed out that those improvements would either be paid for now or later; the 

difference is they are probably a little cheaper now. 

Councilman Greene said that they have a “rainy day fund” for incidents from storms, and asked what 

they have done previously in terms of planning. Mr. Schofield responded stating they have a disaster 

fund in the amount of about $3 million. He pointed out that Council approved a $500,000 transfer out 

of that fund. He said they identified about $680,000 outside normal budgetary purposes. He 

indicated there would be no federal reimbursement as FEMA did not declare Florida a disaster area, 

and stated they didn’t know what they would be getting from our insurance company, but the 

improvements have to be done. Mr. Schofield stated that some of the improvements can be seen, i.e., 

there are patches on Forest Hill Blvd where the pavement separated. Mr. Schofield explained they do 

a minimum 5-year capital planning and have a 20-year capital plan for the roadway, drainage system, 

and utility system. He noted the capital planning was changing based on the storm. He also 

indicated that no every repair that was going to be done as a result of Tropical Storm Isaac will be 

something they will request additional funds for because there are some projects in the funded 

category that they will recommend reallocating monies for. 

Councilman Greene asked if it would put a strain on Wellington as a municipality if the 2.47 millage 

was adopted. He wondered if there was any financial impact based on the needs as a community for 

next year. In response, Mr. Schofield stated that staff recommended and said they could live with a 

budget based on 2.47 mills. He reminded Council that Florida has tax caps pointing out that is where 

he and Vice Mayor Coates argues every single year, today’s rate based on tomorrow’s needs. He 

explained that under Florida’s current law, municipal revenues can increase by the same amount as 

the rate of growth and per capita personal income plus the value of new construction. Per capita 

personal income over the last 40 years has increased about 80% and the rate of inflation over the 

same period is about 180%. He reiterated that, in this budget year, it will not particularly hurt them, 

but it would have impacts in later years. 

4


Councilman Willhite stated the only thing that has changed in the last two weeks was the area not 

being declared a federal disaster. He pointed out that Wellington could not get back the $500,000 

that was just moved out of that rainy day fund that was budgeted at $3 million and was now $2.5 

million. He noted other municipalities like Boynton Beach increased their millage rate by 5% and Lake 

Worth had to tap their reserves to balance their budget. He indicated Wellington was not going into its 

reserves, except for the $500,000 out of the rainy day fund. Councilman Willhite explained they had a 

lengthy discussion at the Agenda Review, and believed they would have ongoing lengthy discussions 

about the impacts of Tropical Storm Isaac and the things being associated with it. He stated that they 

could put the culvert off for another two years or until the next storm comes, or it could be done now 

with essentially a $2.00/year increase on the residents. Councilman Willhite pointed out that there are 

twelve amendments on the November ballot that could have long-term effects on budget’s ability to 

collect money. For instance, there could be a 5% maximum cap on non-homesteaded residents, 

whereas now it can go up to 10%, so that could be a loss in revenue in the future for the Village. The 

spouses of the military first responders could get another $25,000. Councilman Willhite stated that he 

knows they could live with probably $70 million if staff recommended a low enough budget and they 

wanted to go down to about 2.3, but it’s what they think the residents deserve and Council as 

residents want for this Village. He wondered when they were going to start budgeting for and working 

on Hurricane Isaac. He said if one culvert can help them start to get to that point, he thought the 

burden was on them to do that. Councilman Willhite stated he has talked about decreasing travel and 

transportation for employees, and putting it in the most important areas like Customer Service and 

Public Works. He mentioned Mr. Schofield said $5-$10 million, however; Councilman Willhite 

reiterated what he had said at the Agenda Review that it would take $10-$15 million to start doing 

improvements from Hurricane Isaac based on what needs to be done. He indicated that the picture of 

a Mercedes on South Shore wasn’t on every newscast around this county for no reason; it was 

because it is a severely low area that will take a significant amount of money and improvement. He 

also indicated Forest Hill Blvd at The Island will probably need a bridge over Forest Hill instead of the 

culvert that is there which will be a significant amount of money. He said there were some others 

repairs that they had talked about that will need to be done. Councilman Willhite explained he was 

not saying let’s put it off for another Council or another day, but that they should start working on it 

now. He said that significant events have occurred since staff proposed the 2.47 millage rate in July. 

He noted staff showed Council some of the problems and reiterated that they need to start working on 

them. Councilman Willhite indicated he would support whatever the majority of Council supports, but 

thinks the burden is on them to start working on it for the safety and concern of our residents and 

visitors. He said he was happy with supporting the staff’s recommendation of 2.5. 

Councilwoman Gerwig asked about the statement of not getting the $500,000 back; however, she 

asked if it was correct that insurance reimbursement was not yet know. Mr. Schofield stated that was 

correct. She then asked if Wellington’s insurance was independent of FEMA. Mr. Schofield stated 

that was also correct. Councilwoman Gerwig indicated they may or may not get that money back. 

For clarification, Ms. McIlveen explained that many of the things that they estimated they were 

spending for are not insured assets; the insurance will not reimburse for overtime, roadways, or 

culverts. Councilwoman Gerwig stated she understood; however, she didn’t want people to think the 

Village didn’t have some protection besides FEMA coming in. She indicted they the Village has a 

storm fund, she was okay if they had to use the funds from that fund to make the repairs. 

Councilwoman Gerwig explained the reason why she voted with Vice Mayor Coates two weeks ago. 

She said her family household income was 40% of what it was four years. She felt it’s time to constrict 

and get a little tighter. Councilwoman Gerwig pointed out that the tax cap is there if it is needed in the 

future, and if things improve, then they can take it from their residents in the future. Councilwoman 

Gerwig noted this is a tax increase even though 2.5 mils is the same millage rate as last year. She 

said she calculated her personal property taxes and it was a $10.65 tax increase from 2.5 to 2.47. 

5


She stated at this time we have to live within our means even if it’s $130,000 more. She reiterated 

that if the Village has a storm fund, this is what it is to be used for. Councilwoman Gerwig indicated 

she supported Vice Mayor Coates’ desire to tighten this up. 

Vice Mayor Coates wanted to echo Councilwoman Gerwig’s statements. He indicated the reason why 

they have reserves is so they can be used to deal with whatever events the reserves are established 

for. He didn’t think it was appropriate to not use the reserve, and then not using it as a justification for 

passing what effectively would be a tax increase. He felt that if they have the reserves then they were 

obligated to use them. Vice Mayor Coates said the reason all these tax amendments being pursued 

by the public is because there is a general lack of support and disgust that people have throughout 

Florida when they start looking at their elected officials and how they handle taxes. He said the reality 

is Council has been presented a budget with a recommended 2.47 mils and the Village Manager said 

numerous times they are fine with, yet despite the recommendations, Council was going to increase it 

to 2.5 because of what they may want done to do in the future. He also said whether the millage rate 

was the same as it was last year was irrelevant to him. He explained that this is still an increase on 

the residents. Vice Mayor Coates indicated the properties have been decimated over the last several 

years as some neighborhoods are down by almost 50% in value, so he was not in favor of the Village 

wanting to get our portion when they were now for the first time seeing a little increase. He noted he 

would not support lowering the millage if the Village Manager was telling him that 2.47 would be a 

strain and they would be in jeopardy. Vice Mayor Coates stated he had tremendous respect for Ms. 

McIlveen who recommended 2.47, and the Village Manager was telling him he is fine with 2.47, and 

then he wasn’t going to second guess that. He said that he was going with staff’s recommendation 

and thought Council needed to decrease the millage rate to 2.47. He asked if 2.47 was a slight 

increase in taxable revenue. Ms. McIlveen explained that at 2.48 there would be a slight increase. 

Councilman Willhite wanted to clarify not one of the twelve amendments is initiative driven by the 

citizens as they were all brought forward by the state legislature. Councilwoman Gerwig asked how 

they get placed on the ballot. Councilman Willhite stated the state legislature has the ability to place 

items on the ballot and have put all twelve amendments on the ballot. Vice Mayor Coates indicated 

he didn’t think it was fair to say they were not citizen driven. He said he understood what Councilman 

Willhite was saying, but hoped the elected legislature reacted to the interests of citizens. Councilman 

Willhite stated the legislators are following the wishes of someone but the amendments were not 

citizen driven. 

Public Hearing 

A motion was made by Councilwoman Gerwig, seconded by Vice Mayor Coates, and 

unanimously passed (5-0) to open the Public Hearing. 

1. Neil Williams. Mr. Williams stated that he was present because he saw that once again there was 

going to be an increase in his taxes which have risen every year since he lived here. He concurred 

with Vice Mayor Coates and Councilwoman Gerwig that the taxes should be raised if they need to 

be. He explained he has several businesses and has had to figure out different ways to make it 

through these past 2-4 years. He noted that his income has dropped drastically, but knows how to 

make things work out for him; however, Mr. Williams believed they were not yet through the 

roughest times and it was not the right time to start taxing the residents. He indicated that even if 

he wanted to move from Wellington, he couldn’t because his house was probably worth half the 

price. He said he likes Wellington, but he doesn’t want to be overtaxed. Mr. Williams explained 

the Village need to find a way to budget just as he does in his business noting that he can’t push 

everything on his clients because they will leave. He said this is how he wanted Council to look at 

this. Mr. Williams wanted Council to cut costs by getting bids from other sources out of state and 

6


out of Palm Beach County noting that he went north of Palm Beach County and got quality work 

done. He was of the opinion that they can’t just keep passing increases even if it is only $10.00 

which may be okay for some, but not for others. He said his daughter came to him the other day 

asking for $2.00, and he wondered where he was going to get it. He indicated everything was 

going up as his electric, water, food and taxes were increasing. He asked Council to think about 

it, and to stay within the budget of 2.47. 

A motion was made by Councilwoman Gerwig, seconded by Councilman Greene, and 

unanimously passed (5-0) to close the Public Hearing. 

Councilman Greene stated he was looking at the budget line items; they do plan for capital 

improvement and disasters, and put money into reserves. He indicated he supported 2.5 mils at the 

first reading because he wanted to make sure they were not locked into a millage rate and had the 

right to make any adjustments or changes they thought necessary. He voiced his support of the 

original recommendation from staff of 2.47, and was not in favor of the 2.5 millage rate. 

A motion was made by Vice Mayor Coates, seconded by Councilwoman Gerwig, and 

unanimously passed (5-0) to approve Resolution No. R2012-63 (Millage Rate) at the original 

recommended millage rate of 2.47. 

Ms. McIlveen read the following disclaimer: The proposed millage rate of 2.47 mils for the 

governmental budget, including the Acme improvement District, funds a 0.83 percent operating 

increase over the prior year; however, it is a 0.42 decrease from the roll back rate of 2.4803 mills. 

The rollback rate is the rate which applied to this year’s total assessed valuation of $5.42 billion yields 

the same ad valorem tax revenues, or $12.8 million, as last year. Adopting the lower proposed rate of 

2.47 mills generates $12.7 million or a decrease of approximately $34,000 from last year. 

Mr. Schofield indicated that was the first of two resolutions and now Council had to approve the 

resolution that adopted the actual budget for FY 2012 ending September 30, 2013, renewing the fiveyear 

capital improvement schedule. 


unanimously passed (5-0) to approve Resolution No. R2012-64 (Budget) as written. 


A. RESOLUTION NO. R2012-58 (COUNCIL MEETING SCHEDULE): A RESOLUTION OF 

WELLINGTON, FLORIDA'S COUNCIL ADOPTING A SCHEDULE FOR REGULAR 

COUNCIL MEETINGS FOR 2012/2013 AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the Agenda item. Mayor Margolis asked Council if they had any changes to 

the proposed Council Meeting schedule and none were expressed. 

A motion was made by Vice Mayor Coates, seconded by Councilman Greene, and 

unanimously passed (5-0) to approve Resolution No. R2012-58 (Council Meeting Schedule) as 

presented. 

B. HAZARD MITIGATION GRANT AWARD - WELLINGTON COMMUNITY CENTER: A 

RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AUTHORZING THE VILLAGE 

MANAGER TO EXECUTE HAZARD MITIGATION GRANT PROGRAM CONTRACT 

#1785-32-R BETWEEN WELLINGTON AND THE FLORIDA DIVISION OF EMERGENCY 

7


MANAGEMENT TO PROVIDE GRANT FUNDS FOR THE INSTALLATION OF IMPACT 

DOORS AND WINDOWS IN THE NEW WELLINGTON COMMUNITY CENTER; AND 

PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the Agenda item. He indicated Ms. Rodriguez would read the resolution by 

title and Mr. Bonde was there to present it and answer questions. 

Mr. Bonde explained this was a hazard mitigation grant offered by the federal government to provide 

mitigation which means they are hardening the building for storms. He said the amount funded under 

this contract is a proposed $250,000. Mr. Bonde stated that they planned to make this fit with 

whatever Council’s direction is in regard to the renovation or replacement of the Community Center. 

Vice Mayor Coates thought they voted previously that it was not going to be a renovation, but new 

construction. Mr. Bonde stated that was correct and explained he put “or”, but it is a replacement. 

Mr. Schofield indicated the work had to be finished by the end of 2015 or they wouldn’t get the money. 

Vice Mayor Coates asked if they were comfortable with everything they had in place right now so as 

long as Council acted quickly and promptly that 2015 would be doable. Mr. Bonde responded 

affirmatively. 

Councilman Greene asked if the building had to be constructed. Mr. Bonde explained that it had to be 

under contract. 

Councilwoman Gerwig stated that would give them some breathing room noting that the planning 

process has not been a simple one because they were trying to make the building the best possible 

and one that works for everyone. She said that was why this process had slowed down; however, 

they have a deadline now to be under contract, which should be doable on this time schedule as she 

believed they were almost ready for programming. Mr. Schofield indicated the programming was 

done. He said Council was doing the traditional design/bid/build, and they are ready to go out for the 

design contract at this time. Mr. Kurtz noted it would be on the October 9 th Agenda for Council to 

determine the CDR fee as well as determine and affirm they want to be the Selection Committee. 

A motion was made by Vice Mayor Coates, seconded by Councilman Greene, and 

unanimously passed (5-0) to approve Hazard Mitigation Grant Award as presented 

Councilman Willhite asked if Council had to vote to accept money. Mr. Schofield responded stating, 

in this case, they had to vote. Mr. Bonde indicated it was a contract. Mr. Kurtz added that it was on 

Council’s Regular Agenda because they had to give the public the opportunity to comment, but didn’t 

necessary have to hold a Public Hearing. 

C. ORDINANCE NO. 2012-22 (COUNCIL EXPENSE ALLOWANCE): AN ORDINANCE OF 

WELLINGTON, FLORIDA'S COUNCIL AMENDING CHAPTER 2 “ADMINISTRATION”, 

ARTICLE II “COUNCIL”, SECTION 2-43 “EXPENSE ALLOWANCE OF COUNCIL 

MEMBERS EFFECTIVE APRIL 1, 2004” TO CLARIFY AND GIVE EFFECT TO THE 

INTENT OF THE ORIGINAL ORDINANCE WHICH WAS TO TREAT THE “EXPENSE 

ALLOWANCE” AS REGULAR INCOME AND TO MAKE SUCH TREATMENT 

RETROACTIVE TO APRIL 1, 2004; PROVIDING FOR THE REPEAL OF ORDINANCES 

IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION; 

PROVIDING FOR AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the Agenda item. He indicated Ms. Rodriguez would read the resolution by 

title and he would provide a brief explanation. 

8


Mr. Schofield said that he wanted to make it absolutely clear that Council was not getting paid one 

penny more as a result of this. He said Council’s payment comes in two forms: salary and expense 

allowance. He explained the original ordinance was adopted, but they have always treated the 

expense allowance as income as it is recorded as income on their W-2’s and taxes are withheld from 

it. Mr. Schofield further explained when they originally adopted this ordinance, Wellington had its own 

pension plan and this was included, but there have been two changes: The first and most significant 

change is that they have had an issue with FRS rules about how it is treated and need to classify it all 

as salary. The other issue is there is a Commission on Ethics opinion as it relates to Boynton Beach’s 

expense allowance, which is similar. Mr. Schofield said that to come into compliance with the 

Commission on Ethics and FRS, staff wanted to consolidate them into one item that is salary. He 

reiterated the salaries of the Council members were staying exactly the same, and they were making 

the change for administrative purposes to comply with state laws and to address the new ethics rules 

for Palm Beach County. 

Vice Mayor Coates stated he asked at the Agenda Review for some indication as to where the 

Council members stood with respect to the other municipalities and wondered if that was done. Mr. 

Schofield responded stated he was unable to get that done for tonight, but indicated they were in the 

$9,000/year range which is low. 


unanimously passed (5-0) to approve Ordinance No. 2012-22 (Council Expense Allowance) as 

presented. 

D. APPROVE SELECTION OF A FINANCIAL EXPERT AND TIMELINE FOR ANNUAL 

AUDITING SERVICES RFP#084-12/ED AND APPROVE CONTRACT FOR MR. CRAIG 

BACHOVE TO PROVIDE FINANCIAL EXPERT SERVICES TO THE SELECTION 

COMMITTEE 

Mr. Schofield introduced the Agenda item, which is to approve the selection of a financial expert and 

timeline for annual auditing services as well as to approve the contract for that expert, Mr. Bachove, at 

an hourly rate of $200/hr. He indicated they expected those expenses to run in the $5,000 to $6,000 

range with it absolutely not exceeding $10,000. Mr. Schofield pointed out, in this case, there are no 

staff costs associated with Mr. Bachove sitting on the Selection Committee and that his hourly rate is 

consistent with other experts. Mr. Schofield also explained this is something he would normally 

approve and authorize, but since Mr. Bachove serves on a Village committee it requires Council’s 

approval. 

A motion was made by Vice Mayor Coates, seconded by Councilman Greene, and passed (4-1) 

with Councilwoman Gerwig dissenting to approve Mr. Bachove as the financial expert and the 

timeline for auditing services. 

Mr. Kurtz said that a separate motion to approve the schedule that was outlined. Mr. Schofield 

indicated that clarification as need that it was included in the motion. 

Vice Mayor Coates said that he had intended to include that in the motion. 

Councilman Willhite asked what would happen if they had a conflict since they hadn’t looked over the 

dates. Mr. Schofield stated they needed to move forward with the RFPs, and the dates could be 

changed based on the availability of the Selection Committee as it’s a general timeline. Councilman 

Willhite indicated when they last talked about posting the RFP, they determined Council would sit as 

9


the Selection Committee and Mr. Bachove would be there, but they never got to scheduling until it 

came up in this agenda. Councilwoman Gerwig directed Councilman Willhite that on page 914 all 

future dates were to be decided and the other dates had already taken place. Councilman Willhite 

stated he understood and was wondering about the timeline the attorney represented indicated it had 

specific dates and if they had the ability to make a change. Mr. Kurtz stated Council always has the 

ability to change the dates, but Mr. Bachove would need to the schedule in order for them to make 

tentative plans. He indicated they had a schedule of September 26 th which was today and then 

October 8 th and October 23 rd they are planning to meet as a Selection Committee. 

E. RESOLUTION R2012-62 (A1A TENNIS REQUEST FOR RECOVERY OF COSTS): A 

RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL DENYING A1A TENNIS, LLC’S 

REQUEST FOR BID PREPARATION COSTS RELATED TO THEIR RESPONSE TO RFP 

#084-12/ED – TENNIS CENTER MANAGEMENT AND MAINTENANCE SERVICES; AND 

PROVIDING AN EFFECTIVE DATE. (MOVED FROM ITEM 6L ON THE COSENT 

AGENDA) 

Mr. Schofield introduced the Agenda item and indicated staff’s recommendation was denial of the 

resolution requesting reimbursement. 

Mr. Kurtz explained there was a request made on behalf of A1A Tennis that they reimbursed for costs, 

and the letter from Ms. Cohen included an itemization or a chart of those costs totaling $8,292.50. He 

said the basis of the recovery of costs, according to the letter, is basically a promissory estoppel 

argument which is a situation where one party has made a promise and the other has relied on that 

promise. The two cases cited by Ms. Cohen were the City of Cape Coral vs. Water Services of 

America and Royal American Development, Inc. vs. the City of Jacksonville. 

Mr. Kurtz indicated the Cape Coral case was a situation where the bidder had been told by the city 

they didn’t have to be a licensed contractor under Chapter 489 in order to participate in the bidding. 

At the time of the contract award, however, it was determined they did have to be a licensed 

contractor in order to bid. So even though they were a lower bidder than the licensed contractor, they 

ended up in a situation where they were determined not to be the responsive bidder. The Court 

decided the city’s decision that they not be a responsive bidder was correct and they were not 

awarded the contract, but the Court said the city told them they didn’t have to be a licensed contractor 

which left them with two choices: they could have either become a licensed contractor or they would 

not have participated in the bidding process. So in those circumstances, there was a promise or an 

expectation that they would be able to participate and costs were awarded. 

In the other case, Royal American vs. City of Jacksonville, Mr. Kurtz said it involved a situation where 

there was a HUD program and an apparent #1 bidder. City staff asked the bidder if they could help 

them finish some things related to the grant since they were going to get the contract anyway. When 

it came to the City Council, they decided not to proceed with the project despite the fact Royal 

American had actually done work. The Court said they would not get the contract, but were entitled to 

their costs for doing work and preparing a bid for something that wasn’t done because they had been 

led on. 

Mr. Kurtz noted, in this case, there was no such promise. He felt the case law is pretty clear and the 

mere fact that you post an RFP does not constitute a promise to the bidders that you are going to do 

anything. He said that the bid documents clearly indicate that Council retains the right to reject all 

bids, which is the end result of what Council did. Mr. Kurtz stated that for those reason, they didn’t 

think there was a basis for recovery. He further stated that Ms. Cohen was present, and Council may 

want to give her an opportunity to speak on the issue. 

10


Ms. Cohen thanked Council for giving her the opportunity to speak. She stated this case was a bit 

different because the RFP included certain criteria that had to be followed, and it stated the rules, 

ordinances and resolutions of this Council would be applied. Ms. Cohen said staff, as they apparently 

do in many cases, contacted A1A and asked if they were interested in submitting a bid. A1A looked 

at the RFP and decided they would do it. Ms. Cohen said that she had indicated in her letter, they 

invested time, money and energy. She explained this was not a situation in which Council or a 

Selection Committee received all of the bids and decided none of them were good enough, or that 

Council decided they were going to reject it and do something else. She said this was difference 

because this was a case in which A1A successfully challenged the notice of intent to award. She 

indicated Mr. Kurtz was correct in the Cape Coral case where the Court said you’re not entitled to 

fees, but you’re entitled to loss profits which she agreed with. Ms. Cohen said that they were not 

seeking those things, but were seeking only the costs incurred by A1A for the actual preparation of 

the bid. She explained that she would agree that perhaps costs wouldn’t be appropriate in this case if 

they were in a situation where all the bids were submitted and none of them were appropriate or 

Council just had a change of mind at that time, but that wasn’t the case here. She said they were 

there because A1A in good faith relied upon the RFP, and prepared a bid that went through the entire 

process and expended time. She noted they realized the procedures weren’t followed and the 

process in their view was flawed. Ms. Cohen recognized that not all Council agreed with that, but as a 

Council collectively they decided they were going to sustain the appeal, and under those 

circumstances, she felt it was unfair not to award A1A its costs. She indicated not every unsuccessful 

bidder would be entitled to costs, only A1A, because only A1A appealed and had the appeal 

sustained. She thought that under the circumstances of this particular case, estoppel is completely 

appropriate. She said estoppel is an equitable remedy and it can be applied whenever justice 

requires and, in this case, justice requires they be compensated for the time and costs incurred by 

them in this process. Ms. Cohen requested that Council grant the request. 

With respect to a successful protestor being entitled to recoup costs, Mr. Kurtz stated there was no 

case law to that effect. He cautioned Council that if they award costs to them, there were two other 

companies that went through the same process and expended dollars in response to the RFP which 

is what they were seeking. 

Councilman Greene stated they reached out to A1A originally when the RFP was coming up and 

asked if that was a courtesy call or did the Village actually invite them or strongly suggest they 

participate in this bid. In response, Mr. DeLaVega explained staff typically advertises the bids, places 

legal ads in the Palm Beach Post, and posts all the bids on Demand Star, but in addition they go back 

to see who bid on the project previously, whether it be three years ago or five years ago. In this 

particular case, they contacted all three bidders. Councilman Greene wanted to affirm it was more of 

a courtesy than a requirement. Mr. DeLaVega stated it was not a requirement, but staff was obviously 

trying to generate as many bids as possible. He said there were several other places where they 

advertise, but they do reach out to previous bidders. Councilman Greene asked what language, if it’s 

not included now, needs to be added to the RFP. He indicated in his work it has always been 

assumed, unless specified, all bids submitted were at the bidder’s expense, unless they were being 

asked to submit something or paid a proposal fee. He wondered if there was situation where 

Wellington paid for proposals or requests. Mr. DeLaVega responded negatively. Councilman Greene 

asked if there was language in the RFP’s. Mr. Kurtz indicated there was no language explicitly saying 

you will not recover costs, and it has been suggested this language be added from now on, but the 

absence of that language does not mean the opposite is true or that a bidder is entitled to monies. 

Vice Mayor Coates questioned if the RFP documents say the bid will be subject to or the RFP will be 

handled in accordance with the Village ordinances, regulations and code. Mr. DeLaVega responded 

11


that he believed they did. Vice Mayor Coates asked Mr. Kurtz if that was a representation. Mr. Kurtz 

indicated it was not a promise to an individual bidder, and the case law is pretty clear on that. Vice 

Mayor Coates wondered how Mr. Kurtz could make that statement if an individual bidder relies on that 

representation. Mr. Kurtz explained you can say every bidder relies on it, but the reliance that’s 

required for promissory estoppel is specific, and is not just a general promise or a general indication. 

He said that’s why one of the cases talked about circumstances where the bidder was told they didn’t 

have to be a licensed contractor and then that was the basis for them being disqualified. In the other 

case, the bidder actually hadn’t been awarded the contract yet, but they were asked to finalize some 

work to get the HUD grant. He said that the Council then said which was their right that they were 

going to reject all the bids. Both bidders said they were entitled to some compensation under these 

circumstances as one bidder was led to believe they would be awarded the contract and, in the Cape 

Coral case, they believed they would be able to participate in the bidding process. Mr. Kurtz 

explained, in this case, there is just have a general statement of invitation. He indicated the caveat in 

all instances was that Council and the Village retained the right to reject all bids which is what was 

done here. 

Vice Mayor Coates stated that he did not care to debate the legalities, but said he disagreed with Mr. 

Kurtz’ opinion as the Cape Coral case award was for the bid preparation cost and not for the work 

they did. Mr. Kurtz indicated in the Cape Coral case the bidder was told they didn’t have to be a 

licensed contractor, and then they were rejected on the basis of not being a licensed contractor. He 

noted the promise there was the bidder could participate even though they were not a licensed 

contractor, and the Court said the bidder was induced to participate and it took away their opportunity 

to actually become a licensed contractor or associate with a licensed contractor. Vice Mayor Coates 

asked what the promise was in the Royal American case. Mr. Kurtz indicated the promise there was 

the bidder was told they were apparently the low bidder and would be awarded the contract, so they 

should help to finalize the grant and get it secured. 

Councilwoman Gerwig asked Mr. DeLeVega what the motivation was in reaching out to the other two 

bidders. Mr. DeLaVega indicated the motivation was strictly to generate interest in the bid. 

Councilwoman Gerwig questioned why they would want to generate interest in the bid. She said their 

point was that it was good for Wellington to have more bidders for more competition, but they were 

very explicit in trying to make this process less political. Councilwoman Gerwig said that Mr. 

DeLaVega had the Purchasing Manual in his hand as did everyone else. She said that if they did not 

think that the Parks and Recreation Committee could have served as the Selection Committee, he 

could have advised them at that time and explained he did not think that was a good idea. 

Councilwoman Gerwig explained she was arguing for why they agreed with the protest because she 

did not agree with the protest. She felt the motivation to agree with the protest was politically 

motivated and that the last Council did something inappropriate. She said she didn’t think it was fair 

for this Council to pay someone’s fees just because they had some grandstanding going on. She 

indicated she didn’t agree with the protest not because she didn’t think they were a good company, 

but she felt it was done legally. She agreed with Mr. Kurtz’ opinion when he stated it wasn’t exactly 

normal, but it was legal. She disagreed with the majority of the Council that said it wasn’t legal, it was 

done wrong. Councilwoman Gerwig believed this was another example of where they could get 

themselves painted into a corner. 

Mr. Schofield explained one of the reasons they reached out to the bidders was because the last time 

the tennis contract was considered, they received specific direction from prior Council to invite those 

bidders back. He said that in light of that, it was a directed courtesy. 

Vice Mayor Coates wanted to address Councilwoman Gerwig’s assertion that the position on the 

appeal was politically motivated because he said he could assure her it was not. She responded 

12


stating it wouldn’t be in his case. Vice Mayor Coates stated he was in favor of the Parks and 

Recreation Advisor Board making the decision because it would take out the politics at the Council 

level as they had discussed. When he recognized Council had violated its own rules, he indicated 

that wasn’t politically motivated as he was in favor of the process that occurred but thought there was 

a problem in that process. Councilwoman Gerwig stated she didn’t disagree there was a problem, 

she just didn’t think it met the level of illegality which she thought they should have met or not honored 

the protest. 

Councilman Willhite questioned how the $65.00/hr. was estimated. Ms. Cohen explained that was the 

hourly rate A1A charges for giving lessons. Councilman Willhite asked if they would have been giving 

lessons when they were here at 9:00 p.m. or 10:00 p.m. Ms. Cohen stated it was the value of their 

time. Councilman Willhite indicated A1A feels they should be reimbursed for preparation of the RFP, 

but the last two meetings involved no preparation at all as they were strictly here to try to be awarded 

this. Ms. Cohen stated she believed they should be compensated for the cost incurred in the RFP 

process as well as having to point out to Council there were some errors in the procedure and in 

compliance with the manual. She felt that because of that they are entitled to recover all that. Ms. 

Cohen added that in the Cape Coral case the city did reserve, as was done in this case, the right to 

reject all bids, and even in spite of that, the Court said they were entitled to cost. Ms. Cohen was of 

the opinion that under the circumstances of this particular case the costs are appropriate. 

Councilman Willhite asked Mr. Kurtz about the previous bids Council had thrown out without 

reimbursing anybody for anything and wondered if this would set a precedence where the bidders 

could come back asking for the same thing because Council has rejected multiple bids. He indicated 

they only had one bidder a couple weeks ago for the K-Park property and didn’t feel it was appropriate 

at the time, whether it was politically driven or not, so they discarded it. He questioned if the bidder 

for K-Park could come back and ask for costs. Councilwoman Gerwig then asked if they had to first 

protest. Mr. Kurtz stated the basis of this case was not the protest, but was promissory estoppel. 

Councilman Willhite again questioned if Council were to award this case, could previous bidders come 

back to ask for costs, too or was there a timeframe or any precedence set on this. In response, Mr. 

Kurtz stated that he wouldn’t anticipate that happening. He said there was no explicit timeframe for 

this, but he could probably distinguish a number of things. He thought the most immediate concern 

Council would have is Mr. Cheatham and the Mirzaheh people because they went through exactly the 

same process. Councilman Willhite said he was concerned with the idea of someone not being 

awarded a contract. He stated another concern was if the system or process would be tainted in the 

future, whether A1A bids or not. Councilman Willhite didn’t think Council has done anything wrong as 

they have thrown out other bids, and he didn’t think they should start the precedent of reimbursing 

contractors who openly and willingly bid and aren’t awarded. He indicated Council hasn’t done this in 

the past, and he felt it kept the system clean. 

Vice Mayor Coates was of the opinion that they did do something wrong as they induced the bidders 

to participate in a process that was tainted from the beginning when Council erroneously put in a 

Selection Committee for which there was no requisite vote at the Village Council Meeting. He didn’t 

know how they could escape that Council has not done something wrong here and that to him it is 

why this would not be a precedent setting situation where every failed bidder could seek 

reimbursement. He said there has to be something they’re pointing to that was done wrong and, in 

his opinion, that fact exists here. Vice Mayor Coates didn’t think long-term it would be a big issue 

because ultimately it comes back before Council to decide whether factual circumstances exist, such 

that cost of bid preparation should be reimbursed. He said, in general, he was not in favor of doing 

this and didn’t think he could compare the situation to where they reject all bids because they decide 

to take a different policy direction as they do that all the time. He indicated K-Park was a perfect 

example where Council didn’t like what they had and decided from a policy standpoint to reject them 

13


all. Vice Mayor Coates explained the difference in this case was they weren’t rejecting them because 

someone had said Council did something wrong and they weren’t given their just due in terms of the 

process. In the appeal presented by Ms. Cohen for her client, she had valid reasons that were upheld 

by this Council as to the selection process. He reiterated it was not something he was in favor of 

generally, but he thought where the Council is shown to have made a mistake or shown to have 

misrepresented the RFP that is subject to and in compliance with Wellington’s rules and regulations, 

and people have spent money and it subsequently turned out that Wellington didn’t honor their 

representation. He thought the very least Council should be doing was reimbursing big preparation 

costs in that instance. Vice Mayor Coates didn’t think it was an estoppel, and reiterated that it wasn’t 

the first time he and Mr. Kurtz had disagreed on their legal interpretation. Although he and Mr. Kurtz 

agree on many occasions, he thought the bidders relied upon the actual representation that the RFP 

would comply with Council’s rules and ordinances. He was of the opinion they were entitled to rely on 

it and because the representation turned out to be false, he didn’t know how Council couldn’t give 

some due consideration of the request that was being made. 

Councilwoman Gerwig pointed out Vice Mayor Coates said the fact exists that Wellington’s process 

was wrong and the majority opinion was that the process was wrong, but she stated that doesn’t 

make it a fact. She wanted to preserve that she did not agree with this. She said just because she 

was in the minority, as it was a 4 to1 vote, it didn’t make her wrong, but makes her opinion the 

minority opinion. 

Councilman Willhite asked if Council voted to reimburse A1A Tennis, would they have the 

responsibility of reimbursing Mr. Cheatham or the other company should they request it. Mr. Kurtz 

thought each of these cases would have to be decided on its own merits, but felt someone could 

make a logical argument to that extent. Councilman Willhite wondered what would happen if their rate 

was $100/hr. He didn’t think Council did anything wrong with Mr. Cheatham who was awarded the 

bid, but he also didn’t know why they wouldn’t be allowed the same as A1A and that was where he 

thought they would be setting the precedent. He said it’s either all bidders on this, which then is not a 

precedent, or it’s just this one, but there is potentially more than one. Vice Mayor Coates stated if you 

don’t appeal, you waive your rights, and there was only one appeal. Councilman Willhite asked why a 

bidder would appeal if they won. Vice Mayor Coates felt that a bidder would still waive his rights if 

they didn’t appeal, and there was only one party who appealed. Councilman Willhite questioned if the 

winning bidder would appeal because they were still subject to the same process. Vice Mayor Coates 

stated Mr. Cheatham still won his contract which has been renewed for two years, so he doesn’t know 

how Mr. Cheatham could say he lost by the process. Vice Mayor Coates explained the answer to 

Councilman Willhite’s question was that the difference between Ms. Cohen’s client and the others is 

A1A Tennis appealed. He felt that if you don’t appeal, you don’t have the right to be asserting the 

process failed at that point. He said had Ms. Cohen not appealed, he would not have supported and 

prevailed on the appeal; he wouldn’t be in support of the position that was being asserted tonight. Mr. 

Kurtz indicated it gets more complicated than that. For example, Mersda as the third bidder would not 

have been in a position to protest just based on the fact that they were the third bidder, but under Vice 

Mayor Coates’ theory they were equally harmed, but they would not have had standing to appeal. 

Vice Mayor Coates questioned why they couldn’t appeal on the selection process. Mr. Kurtz stated 

they would have to be in the number two position. Councilwoman Gerwig asked why number three 

could not protest. Mr. Kurtz indicated they couldn’t protest because they were not entitled to the 

award. 

A motion was made by Councilman Greene, seconded by Councilman Willhite, and passed (4- 

1) with Vice Mayor Coates dissenting approving Resolution No. R2012-62 denying A1A Tennis 

Request for Recovery of Costs. 

14



1. Alexander Domb, 10633 Versailles Blvd. He also indicated that his office was located at 11199 

Polo Club Road, Suite 1, in Wellington. He announced that he was the President of the 

Wellington Chamber of Commerce who he was representing. He understood there was a 

distribution of a letter and an application process for the businesses that are within the PUDs that 

are within 300 feet of residences that are required to meet the 6.8-2 requirement of closing at 

11:00 p.m. and not opening prior to 6:00 a.m. He said, unfortunately, the problem associated with 

the applications that had been distributed that day, in some cases by code enforcement; require a 

Development Review Order Amendment application and that application fee is $3,000. In addition 

to the application itself, it requires every applicant to fill out the history relating to all development 

orders on the property. He stated they were familiar with that, but it requires an absolute 

delineation of every order otherwise the applicant might be liable under 5.1.15 for 

misrepresentation of material fact, which means these businesses will be required to retain an 

attorney or a land use planning expert in order to fill out these applications which will then cost 

them thousands of dollars. Mr. Domb indicated they were at $3,000, plus attorney fees and it 

would be between 4-6 months in the process for someone like Ultima Fitness, to open at 5:00 a.m. 

instead of 6:00 a.m. so that people can work-out as well as for some other businesses. He stated 

they were asking Council to look at any other process, maybe under Chapter 30 under variances, 

to address this issue so that these 13 businesses, and a list he believe will continue to grow, will 

not be economically harmed by being caught in this particular trap. He requested that Council try 

to find another alternative to going through the development review process. 


MR. KURTZ: Mr. Kurtz presented the following report: 

Mediation is scheduled for the Equestrian Village matters on Friday, October 5, 2012 at 9:00 

a.m. Mr. Schofield and Mr. Kurtz will attend the mediation and Councilman Willhite will be a 

part of the mediation. Mr. Schofield and Mr. Kurtz will meet with Council, including 

Councilman Willhite, individually prior to the mediation. He noted that Kathy Adler will 

schedule those appointments in the next week. 

Councilwoman Gerwig asked what the point was in meeting with them individually because she said 

they didn’t know what the mediation was going to be. Mr. Kurtz indicated they would talk to each 

member of Council about the issues in order to get their viewpoint with respect to where the latitude is 

between the various parties so they can hopefully craft a settlement that would be acceptable to the 

majority of Council. Councilwoman Gerwig stated she didn’t know how they could do that before they 

knew what the other party was agreeable to. Mr. Kurtz explained that part of going into mediation was 

to try to ascertain the best you can what your client’s desire is which was the reason for the individual 

meetings. He said the dynamics of mediation are so they would at least have some sense as to 

whether things would be palatable and have a chance of moving forward. Mr. Kurtz noted 

Councilman Willhite will have an advantage in that he gets to vote in the matter, but he will have a 

disadvantage because he won’t know what the rest of Council said individually. Councilwoman 

Gerwig asked Mr. Kurtz what he meant by that statement and if Councilman Willhite was going to 

speak for them. Mr. Kurtz explained that ultimately when the matter comes before Council, both 

Councilwoman Gerwig and Councilman Willhite will be voting along with the rest of Council. 


MR. SCHOFIELD: Mr. Schofield presented the following report: 

15


The next Regular Council Meeting will be held on Tuesday, October 9, 2012 at 7:00 p.m. in the 

Council Chambers. 

Wellington’s Offices will be open for business on Columbus Day, Monday, October 8, 2012. 


COUNCILWOMAN GERWIG: Councilwoman Gerwig presented the following report: 

She acknowledged that Yom Kippur, the Day of Atonement, ended at sundown which was why 

the meeting started later. She stated she knew this was the most religious holy day for their 

Jewish residents, and she was probably remiss in not adding that to the prayer Mr. Amburgey 

prepared for them. 

With regard to the Dunkin Donuts site, she indicated that they came before Council requesting 

extended hours with prepared plan. She questioned why their CO was being held up. Mr. 

Schofield explained that they have traffic issues which were being worked on. Councilwoman 

Gerwig asked if Dunkin Donuts had done what was required because they brought in a traffic 

plan and explained what they wanted to do. She said Council agreed to their traffic plan, so 

she wanted to make sure nothing onerous was being added just because everybody in town 

wants a Dunkin Donut. She said the place was being mobbed, and questioned if that was 

something they should be punished for. Councilwoman Gerwig stated if they’re following the 

traffic standards Council required, she didn’t see how Council could leave them hanging while 

changes are planned if that was the case. Mr. Schofield explained they were not changing 

their plans for them. He said they relied on the traffic data Dunkin Donuts prepared and that 

data was not representative of the operating condition, but they are nearly to the point of 

resolving it. 

VICE MAYOR COATES: Vice Mayor Coates presented the following report: 

He wanted to reiterate what they talked about at the Agenda Review Meeting on Monday 

regarding his desire that staff be proactive in addressing the drainage issues in the equestrian 

preserve due to Hurricane Isaac. Vice Mayor Coates said he would like Mr. Schofield to be 

prepared to report back to Council in the near future on his discussions with the South Florida 

Water Management District regarding having a protocol in place that recognizes certain 

predefined emergencies that would allow the south pump to be opened without the delay the 

Village experienced during Isaac. Vice Mayor Coates said he was not going to let the issue go 

and wants to know the district’s position, because he thought there is a problem with drainage 

in that area. He said he has heard the positions regarding how much rain occurred, but he is 

left with the nagging feeling that the Village’s system which they thought would work, doesn’t 

quite work. He said it was something he wanted to address and told Mr. Bonde he would take 

the Drainage 101 course. Mr. Bonde indicated that was on his schedule. Mr. Schofield stated 

South Florida Water Management District was aware it would become a heated topic as they 

have already started that discussion. 

COUNCILMAN GREENE: Councilman Greene presented the following report: 

He stated he needed a little clarification from Mr. Schofield. He said at the last meeting when 

they talked about the hours of operation for businesses and sending information out, it was his 

understanding it would be a survey to determine exactly who was in what PUD and what their 

hours of operation were. He indicated he had talked to several people, and it did not sound 

like they were surveyed, but rather that they had to come into compliance or else. 

Mr. Schofield explained no one received a notice of violation, but instead a courtesy notice was sent 

which basically provided the existing regulation which outlined the hours. It further indicated to the 

16


business that it appeared they were in conflict with those hours, and provided them with several 

options: (1) come in conflict with the hours; or (2) apply for the extension, and they have 30 days in 

which to make a decision. If they chose to apply, then Wellington would suspend enforcement. Mr. 

Schofield indicated they all anticipated there would be a certain amount of discomfort associated with 

this and that Council could reasonably expect staff to come back to them with an alternative on how to 

process them all together so that it would reduce costs. Mr. Schofield said that once staff is told to 

enforce the ordinance the way it is written admitting that neither Palm Beach County prior to 

incorporation nor Wellington was ever strict about enforcing the 11:00 p.m. closing time, but once they 

are there they have an obligation to notify the businesses. He indicated none of them received 

notices to appear as they were basically notices of noncompliance. Mr. Schofield explained they were 

worded in a way that complies with the State law as required which is why they sound as stern as 

they did. He stated at the moment they are in the process of just telling them there is an issue and 

giving them some options, and the options were required under the law for notification. 

Councilman Greene asked if the Village selected certain businesses they felt were not in compliance. 

Mr. Schofield stated they looked at the businesses in the Wellington PUD and the Landings at 

Wellington PUD that were within 300 feet of residential units that were operating outside of those 

hours, and every business they identified received the notice. 

Councilman Greene stated based on their conversations, he was under the impression this would be 

more of a fact finding or more of a survey. He asked if code enforcement was going out and issuing 

violations until Council has a handle on this or what direction they were taking. Mr. Schofield 

explained they had started hearing from some of the businesses. He said one business that opened 

at 5:45 a.m. was adjusting their time, and would now open at 6:00 a.m., because they don’t want to go 

through the process. The others are either going to decide to operate in compliance with the code 

established hours or apply for extended hours, or the Village was going to propose a modification of 

the code to allow businesses to operate the way they traditionally have. Mr. Schofield further stated, 

at this point, they are two weeks from when the decision was made, they have gone out to do the 

basic fact finding, and they have sent the notices out. He said Council had some policy decisions to 

make, which the staff would be bringing back to them. 

Councilman Greene stated the gentleman who was talking about his business tonight was concerned 

about a $10.00 tax increase which he understood and supported. However, when they were now 

asking businesses to spend $3,000 to be part of an application, Councilman Greene thought that in 

these tough economic times it was not very responsible of Council and this Village to put that burden 

on business owners. He indicated he does not want to create an unfair advantage for anyone or a 

competitive disadvantage, but in his opinion the best way to remedy this and treat everyone fairly was 

to review the ordinance. Mr. Schofield responded stating that may be in fact the way he wanted to go, 

but it’s hard to come back with a policy decision until they know what the businesses want to do. He 

reiterated they are here based on a decision that happened two weeks, so they have some time and 

will come back to Council with recommended modifications or courses of actions. Councilman 

Greene stated some businesses are obviously stronger financially and to comply they will complete 

the application and pay $3,000 while other businesses may not financially be able to do that. Mr. 

Schofield indicated they would consider that as they haven’t had enough time to get it all in front of 

Council. 

Councilwoman Gerwig asked where the fairness was in all that. She said that The Grille had to pay 

the $3,000 fee to come before Council as did Dunkin Donuts. She said she has a problem with saying 

if your business is more viable and you can afford the $3,000 fee you are in one category, but if you 

are not, you are then in another. She thought they needed to treat everyone the same which she felt 

at this point hadn’t been done. Councilwoman Gerwig stated they asked Dunkin Donuts to come in 

17


and ask for extended hours, give us their plans, and tell us how they were going to handle it. She 

said they did the same for The Grille as they asked them how they were going to handle the noise and 

they paid the fees. At this point, she didn’t see any other way then for Council to apply that same 

standard to everyone since it has been applied to these two businesses. 

Councilman Greene indicated it has opened their eyes, not just to this Council, but to the community 

that they need to look at the policies and the ordinances they have on the books. He said if this 

ordinance was written 30 years ago when this Village had maybe 20,000 people and not nearly the 

number of businesses and there wasn’t development around these businesses, then perhaps it was 

appropriate to look at them. He said that when you start changing the demographics and the 

economic environment these businesses are operating in, that may be part of the policy review, and 

whether these fees were fair. He reiterated he didn’t want to create a burden for any business or 

create a competitive advantage for other businesses that may be financially stronger. He indicated if 

they wanted to treat everyone the same way, then they should do that, but he thought Council needs 

to get a handle on this before sending out the message they are anti-business. 

Vice Mayor Coates stated he had expressed a very significant concern that was where they were 

going. He said he certainly was not in favor of requiring businesses to come in with $3,000 

applications. He thought the way to address it uniformly and maybe avoid this would be to change the 

ordinance, but Mr. Kurtz would have to determine if they could accomplish it this way. Vice Mayor 

Coates indicated if the ordinance is changed, then he didn’t think they would need to have the 

individuals come in, complete individual applications, or pay the fee. Mr. Kurtz stated that was correct 

if they eliminated the requirement or if that was the end result of the ordinance. Vice Mayor Coates 

noted the ordinance would be applicable to everyone to that everyone would be treated fairly because 

it’s the same law that applies, and maybe that’s the way to approach it from a policy standpoint. He 

stated they clearly have a problem as the ordinance now has closing hours that are not practical for 

some of Wellington’s businesses and may be outdated. He said he would welcome an opportunity to 

look at the ordinance to try to find something that works for the business community, yet also protects 

the residential areas so that there is a balance. 

Mayor Margolis voice his agreement. He thought Council has to revisit the ordinance, which was his 

expectation two weeks ago. He had heard through some residents that day about what was going on 

with regards to the $3,000 application fees and what the Village was doing. He was surprised to hear 

about it because he didn’t see anything in the Weekly Issues Report or anything in an administrative 

transmittal, and this was the first time he had heard about it from the Village staff. Mayor Margolis 

recalled years ago looking at the hours of operation and closing times, but they were a different 

Village at that time. He thought in fairness to everybody, as he certainly didn’t want to ask business 

owners to pay an additional fee based on their income, staff will bring back a policy decision with 

regards to closings. 

Mr. Kurtz asked if Council wanted this put on an agenda with the possibility of suspending 

enforcement of all hours of operation associated with the ordinance regardless of whether or not an 

order was in place. 

Vice Mayor Coates stated he thought that would be fine, but his question would be how does that 

affect The Grille because Council made a specific decision regarding them and did not approve their 

requested extended hours. Mr. Kurtz explained if Council was going to examine the ordinance, they 

should suspend enforcement of the ordinance during the period of time in which Council decides 

whether or not they want to change the ordinance or leave it in place so these businesses don’t hire 

people to start processing their applications within the time period that has been requested. He 

thought it only made sense that they would not enforce the limited hours of operation on those 

18


businesses that have already received an order. He explained that if somebody was currently 

operating to 2:00 a.m. or 3:00 a.m., and they get an order saying they can operate until 12:00 

midnight, it doesn’t seem logical for them to be in a worse position because they got an order. 

Councilman Greene indicated they never enforced the ordinance the way it stands anyway so they 

should just suspend enforcement. 

Vice Mayor Coates noted they should be careful how long they are talking about as he thought they 

needed an ordinance in place that adds uniformity, but he didn’t want to have an open-ended 

suspension on the enforcement of operating hours. 

Mr. Schofield stated the letter they sent out gives the businesses 30 days to advise the Village as to 

what action they were planning to take. He suggested staff come back to Council with a set of 

recommended policies at the first meeting in October and, based on that, Council could provide them 

with policy direction and would not need to make a decision on whether to suspend hours of 

enforcement until they had more information. Mr. Schofield indicated they had been preparing the 

budget and some other things, but they will be ready for Council and he will meet with everyone 

before the Agenda Review and Workshop on October 8, 2012. 

Councilwoman Gerwig stated a letter needed to go out before then saying there is a suspension while 

Council was making a determination because the businesses could be hiring professionals to help 

them which would be an expense incurred by them. 

Mr. Schofield stated he would send a follow-up letter advising them the Village was in the process of 

drafting policies and that he would like to hear from each of them as to their operating hours. He 

suspected no matter what Council ultimately does, they could not make everybody happy so the best 

they could do was to come up with a policy that best balances the needs of the business communities 

against the residential communities. 

Councilman Greene reported that he had attended the Mayor’s Literacy Luncheon. He stated 

this was a group of young men and women who come from all over the country to dedicate a 

year of their lives as part of the AmeriCorps group. He explained everybody is familiar with the 

Peace Corps where men and women go overseas and help other countries and other families 

in those communities, but AmeriCorps, with a large contingency in Palm Beach County, 

operates in different municipalities and they essentially live in the environment, or in poverty in 

many cases, as they promote literacy and do great work. He said he was very impressed and 

proud that as a county, they embrace this gift from these kids. He indicated his position now, 

after the luncheon, is to be the liaison for the Village of Wellington so he will reach out to the 

Education Committee and continue to move forward with the initiatives of the Literacy Coalition 

of Palm Beach County who is building a new facility. Councilman Greene noted they were 

really doing a lot to help these kids in reading. He said some of the statistics they highlighted 

were mind boggling. He mentioned they talked about families and the growth of development 

in academics for their kids, as kids from the middle class are better in terms of an economic 

upbringing. He noted there were 13 books per one child in those households as the kids 

approached kindergarten, but in the lower income families it’s one book for 13 children, so 

there is a strong push to make sure these kids have an equal opportunity as they approach 

kindergarten. Councilman Greene expressed education is key for everybody in this country, in 

this county, and this Village. He stated they are very fortunate as Wellington is a beautiful 

community with a lot of wealth, but there is another side and they need to reach out to those 

families to have the same opportunity for an education. He said that he was looking forward to 

being the liaison and working with the Education Committee. 

19


COUNCILMAN WILLHITE: Councilman Willhite presented the following report: 

He asked Mr. Schofield about an issue they brought up last year that hadn’t been addressed 

as they needed to start talking about RV’s in the equestrian area. He indicated the ordinance 

should be brought back to Council to develop something because at this point they don’t have 

one in place. 

Mr. Schofield stated, based on Council’s last direction, there is strict enforcement of the ordinance the 

way it is written. He said they would be happy to address it and bring it back to them sometime in 

early November so they are doing it early enough in the equestrian season that it would have an 

impact. Councilwoman Gerwig asked if it needed to go to the Equestrian Preserve Committee. 

Councilman Willhite said he just wanted to get it going, but that it should go to the Equestrian 

Preserve Committee. Councilwoman Gerwig then asked if it should start with the Equestrian 

Preserve Committee. Councilman Willhite stated staff could make some recommendations, the 

Equestrian Preserve Committee could make some recommendations, and some Council members 

had their own recommendations. Mr. Schofield indicated they would get to the Equestrian Preserve 

Committee, but wanted Council to understand there is strict enforcement of the rule the way it is 

written based on the last correction. Vice Mayor Coates asked if it was the same as last season. Mr. 

Schofield stated that was correct as they actually started that enforcement the last equestrian season. 

Councilman Willhite questioned when and what has been put together for the Senior Task 

Force. Mr. Schofield stated he did not have that answer, but would get it for him. Councilman 

Willhite stated he would like to get them convened and talking a bit. 

He said the Jet Ordinance hasn’t come back to Council as they talked about it and staff was 

going to come up with something. 

Mr. Schofield stated they had prepared an ordinance and that he would meet with Councilman Willhite 

in the next day or so. Councilman Willhite indicated he had some people asking him about it and 

thought the issue was with their bylaws and their comfort level regarding this. 

He indicated he spoke to Mr. Schofield about Wellington’s current lobbyist wanting to resign. 

He explained they currently use a lobbyist in Tallahassee for some issues that come in front of 

them. He thought Council needed to start looking at a replacement or paying a fee for a 

lobbyist to represent them in Tallahassee. He wanted Council to start thinking about that or at 

least know about what the lobbyists do or could do for them. Councilman Willhite indicated the 

grant for $250,000 was only for some windows, but these people go out looking for these 

grants, bring them back to Council to say yes or no, and then they work on securing them to 

bring that money to this Village. 

Councilman Willhite stated as they had discussed the Wellington Community Center on 

Monday, they had received a proposal discussing an idea to relocate the tennis facility. He 

wanted Council to start thinking, talking, and sharing thoughts and ideas to get this going. He 

said he knew they all want to build a Community Center, but the questions were what is the 

facility going to look like, where is it going to be built, and what is the overall direction. He 

indicated these things needed to be decided before they start posting an RFP for a design-bidbuild 

project that hasn’t been defined. Councilman Willhite thought maybe they needed to 

have a workshop to decide or an agenda item to discuss where they are and what they want to 

do. 

Councilman Greene agreed with Councilman Willhite that Council needed to make some decisions on 

what they are doing with the Community Center. He thought, as they had discussed previously, until 

20


they decide whether the tennis center is staying where it is or changing, he doesn’t see any point in 

sending out an RFP and going through the process if there is no footprint to work with. Councilman 

Greene asked if staff was going to give Council some additional sites. Mr. Schofield stated they 

received several suggestions and staff was at their pleasure at this point. He said they would try to 

schedule a workshop, but they needed some direction. He indicated the programming was done and 

that Council had some decisions to make to move forward. Councilman Greene stated the first logical 

step was to determine if the tennis site was staying or moving offsite. Vice Mayor Coates said the big 

issue for him was adequate parking for the facilities because he thought there is a parking problem 

based on what he has seen at some of the major events. Councilman Greene questioned if he was 

talking about if the tennis center remained here. Vice Mayor Coates indicated if they expanded the 

programming and use of the Community Center, they would probably need more parking. 

Councilman Greene stated that was what he was basically saying that they needed to figure out what 

would be on this site versus what would be at a different site, and maybe everything remains here. 

Vice Mayor Coates asked if they were trying to make that decision independently. Councilman 

Greene reiterated he didn’t know how they could move forward with the Community Center, in terms 

of what that construction would look like, until they decided what was going to happen with the tennis 

facility. 

Councilwoman Gerwig stated she needed some hard dollar values on how much it was going to cost, 

and she knew staff was supposed to bring that together. Mr. Schofield suggested staff get together 

with Council to schedule a workshop on this because it would take several hours of discussion and 

Council needs more data than they presently have. Councilman Willhite indicated the data would 

include the current maintenance of the tennis center, what it would be in the next couple years, and 

what the 5-year plan is for replacement, and then it would be the cost of parking and relocation. He 

said a lot of variables needed to be discussed, i.e., do they have to acquire property or do they use 

Village owned property. He noted they all could envision a Community Center, but they needed to 

make all these decisions before reaching the RFP point. Councilman Greene stated that was his 

point as well. 

He wished Happy New Year to Mayor Margolis and to the Jewish residents of our community. 

MAYOR MARGOLIS: Mayor Margolis presented the following report: 

He indicated to Mr. Schofield they needed to talk about K-Park sooner rather than later as he 

was starting to get calls regarding K-Park, whole K-Park, parts of K-Park, and the 5 acres in 

front. He said he knew it was put out for RFP and they received one bid. He thought if they 

held a workshop, they could add that as well as another workshop item. Mr. Schofield stated 

that had to be done when Council discusses the Tennis Center. Mayor Margolis concurred. 


There being no further business to come before Council, the meeting was adjourned at 8:40 p.m. 

Approved: 

_____________________________ 


_____________________________ 

Awilda Rodriguez, Clerk 

21



WELLINGTON COUNCIL 


12300 Forest Hill Blvd. 


Tuesday, October 9, 2012 

7:00 p.m. 

Pursuant to the foregoing notice, a Regular Meeting of the Wellington Council was held on Tuesday, 

October 9, 2012 commencing at 7:00 p.m. at Wellington City Hall, 12300 Forest Hill Boulevard, 

Wellington, FL 33414. 

Council Members present: Bob Margolis, Mayor; Howard K. Coates, Jr., Vice Mayor; Matt Willhite, 

Councilman; Anne Gerwig, Councilwoman; and John Greene , Councilman. 

Advisors to the Council: Paul Schofield, Manager; Jeffrey S. Kurtz, Esq., Attorney; Awilda Rodriguez, 

Clerk; John Bonde, Deputy Manager; Francine Ramaglia, Assistant Manager; and Jim Barnes, 

Director of Operations. 

1. CALL TO ORDER – Mayor Margolis called the meeting to order at 7:00 p.m. 

2. PLEDGE OF ALLEGIANCE – Mayor Margolis led the Pledge of Allegiance. 

3. INVOCATION – Deacon Al Payne delivered the Invocation. 


Mr. Schofield presented the approval of the agenda and indicated staff recommended approval of the 

agenda as presented. 

A motion was made by Councilman Willhite, seconded by Councilwoman Gerwig, and 

unanimously passed (5-0) approving the Agenda as presented. 


Mr. Schofield indicated there were no presentations or proclamations. 


A. MINUTES OF THE REGULAR WELLINGTON COUNCIL MEETING OF JUNE 26, 2012 

B. AUTHORIZATION TO UTILIZE PRICING BASED ON A SOUTHEAST FLORIDA CO-OP 

CONTRACT WITH MULTIPLE VENDORS, FOR THE PURCHASE AND DELIVERY OF 

SODIUM HYPOCHLORITE 

C. AUTHORIZATION TO UTILIZE EXISTING CONTRACT FOR VARIOUS ROADWAY 

STRIPING AND PAVEMENT MARKING PROJECTS 

D. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH SYMBIONT SERVICE 

CORP. FOR THE PURCHASE OF POOL HEATERS FOR THE AQUATICS COMPLEX 

POOL 

Mr. Schofield presented the Consent Agenda for approval. 

1


A motion was made by Councilman Willhite, seconded by Councilman Greene, and 

unanimously passed (5-0) approving the Consent Agenda as presented. 


A. RESOLUTION NO. R2012-60 (WELLINGTON ELDER CARE DEVELOPMENT ORDER 

AMENDMENT): A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING 

A DEVELOPMENT ORDER AMENDMENT (PETITION NUMBER 2012-30 DOA 2) TO 

AMEND CONDITIONS OF RESOLUTION NUMBER NO. R2010–19 TO ALLOW A TYPE 

2(B) CONGREGATE LIVING FACILITY FOR SENIOR HOUSING WITH A MAXIMUM OF 

21 RESIDENTS FOR CERTAIN PROPERTY KNOWN AS WELLINGTON ELDER CARE 1, 

TOTALING 0.32 ACRES, MORE OR LESS, LOCATED AT 14093, 14095, 14097 AND 

14099 LILY COURT, AS MORE SPECIFICALLY DESCRIBED HEREIN; PROVIDING A 

CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN 


Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Mr. Schofield 

noted this was a quasi-judicial hearing and indicated Mr. Kurtz would administer an oath, Council 

needed to disclose ex-parte communications, and Mr. Stillings would make a brief presentation per 

staff. 

Mr. Kurtz noted item 7B – Resolution No. R2012-11 (Palomino Executive Park Master Plan 

Amendment) and item 7D – Ordinance No. 2012-11 (Wellington Charter School Development Order 

Amendment) were also quasi-judicial hearings. 

At this time, Mr. Kurtz administered the oath to everyone who was there to speak on any of these 

items. He asked these people to identify themselves and indicate if they had been sworn in prior to 

them speaking. 

Ex-Parte Communications 

Councilman Greene: Councilman Greene disclosed, specific to this item, he has not had 

communication. But previously and related to this item, he had met with the applicant, his 

representatives, and received communication from the public. 

Councilman Willhite: Councilman Willhite disclosed that he met with the applicant, staff and 

received correspondence from the public in relation to this item. 

Mayor Margolis: Mayor Margolis disclosed that he met with the applicant and staff previously and 

received correspondence from the public, but not on the agenda item being presented. 

Vice Mayor Coates: Vice Mayor Coates disclosed that he had no ex-parte communications with 

respect to this specific agenda item, but he has had meetings and discussions with the applicant 

regarding previous presentations to Council. 

Councilwoman Gerwig: Councilwoman Gerwig disclosed that she had met with the applicant 

previously, but has not since then. 

Mayor Margolis called upon Mr. Flinchum to speak. 

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Mr. Flinchum explained this was a request for the Wellington Elder Care and indicated Council has 

some history with this as it was approved as a Type 2 facility on April 13, 2010 for 14 residents. At 

that time, he said the condition was added that it was for senior residents only as there was some 

concern about the type of facility that was going to be there. He indicated it was located on the culde-sac 

of Lily Court on the west side of Greenview Shores Blvd. He noted when the facility came 

through for the recent zoning text amendment, they looked at the ACHA standards and upgraded 

those to what they wanted to have here in Wellington, and it was reviewed for those new standards 

which were adopted on July 10, 2012. He said the facility meets the single room occupancy, double 

room occupancy, the number of bathrooms required per resident and staff, and exceeds common 

area and lot area. He also said they have shift requirements for staffing and for a flexible room used 

for short-term assisted additional care. He mentioned they had a minimum distance to fire rescue and 

to the hospital. Mr. Flinchum indicated they also had a parking requirement. He explained the 

parking came up at the Planning, Zoning & Adjustment Board (PZAB) meeting as there was a concern 

that parking may be exceeded at certain times. He said the facility does regulate the number of 

visitors and encourages carpooling. He noted there was a shed delivered in a flatbed truck that 

blocked the cul-de-sac at one time, and a resident raised an objection at the PZAB meeting. He 

described the facility as two duplexes with four, three bedroom units for a total of 12 bedrooms that 

had been converted and will continue to be converted for up to 21 residents. Mr. Flinchum stated 

staff’s recommendation was for approval and Ms. Glas-Castro was present to address any questions. 

Mayor Margolis asked Council for questions of Mr. Flinchum. 

Vice Mayor Coates questioned if there was any separation requirement issue when it was originally 

approved as a Type 2 facility a year or two ago. Mr. Flinchum stated the Type 2 was approved April 

13, 2010. Vice Mayor Coates asked if there was a separation requirement applicable at that time. 

Mr. Flinchum indicated the separations had not changed as the state requires 1,000 feet from another 

CLF. Vice Mayor Coates stated he was talking about from single-family to multi-family. Mr. Flinchum 

explained from the structure to the proposed CLF to a single-family boundary, if it’s greater than 500 

feet it’s permitted, if it’s less than 500 feet it needs to come to Council for conditional use approval. 

Vice Mayor Coates questioned if Council approved that in 2010 notwithstanding it was within the 500 

feet of single-family residences. Mr. Flinchum indicated it was approved to allow it as a conditional 

use because it was under the 500 foot requirement from single families. Vice Mayor Coates 

understood, but he wanted to be clear they addressed the separation issue two years ago and 

Council did not have an issue with it at that point in time. Mr. Flinchum said that was correct. 

Councilwoman Gerwig asked if the 500 feet is what triggered it to come before Council. Mr. Flinchum 

stated it was the trigger. She indicated that was why Council decided on it last time for a conditional 

use and asked if there was anything else about it at that time. Mr. Flinchum indicated there wasn’t 

and stated the fact that it was a conditional use that gave them the ability to put the condition that it 

only be for 14 senior residents at the time. 

Councilman Greene stated they had a discussion the previous day and obviously they had been down 

this path recently on some other issues, but he understood there was another similar application 

before staff and it was also within that 500 foot separation. He asked Mr. Stillings if the other 

application was related to this because he wanted to be proactive as they were going to find 

themselves addressing these separation issues time and time again, and thought they need to look at 

the ordinance once again to ensure they are being consistent. Mr. Stillings indicated there had been 

another application filed, and originally it was going to be for a Type 2B for seniors up to 21. He noted 

Ms. Glas-Castro was the agent for that one as well. He explained it had been recently amended for 

14 residents and it is going to have the same separation requirement. He said it was a little different 

because there was a canal separation and it was located near where Goldenrod Road was closed. 

3


Councilman Greene stated it might be irrelevant to tonight’s conversation for this particular item, but if 

it’s been addressed with previous Council he just wanted to make sure. Mr. Stillings indicated this 

one was about 350 feet and the other one was about 400 feet, and Council would probably see it in 

about two months if it gets certified. 

Councilman Willhite stated the reason this was in front of Council was a specific variance to a new 

zoning classification as the facility used to be zoned as a Type 2 and now it is zoned as a Type 2B. 

Mr. Flinchum indicated the Zoning Text Amendment recently created this Type 2B specifically for 

senior housing that allows additional residents, from 14 to 21. Councilman Willhite said that was 

correct and it was in front of them again for a variance to the new zoning classification of Type 2B. 

Mr. Flinchum noted it still required the same relief from the 500 foot minimum. Councilman Willhite 

understood and explained it was back in front of Council now on this specific agenda item, because it 

is in a different category than it previously was, it needed a variance of under 500 feet at a Type 2, 

and now it’s a Type 2B requiring a variance to this specific item. Mr. Flinchum stated that was correct. 

Mr. Kurtz wanted to clarify it wasn’t technically a variance, but it was a conditional use issue. 

Councilman Willhite thought most people would say it’s a variance to the code that’s in place for the 

500 foot separation. Mr. Flinchum indicated they didn’t amend the separation from single families 

when the Zoning Text Amendment came through. 

Councilwoman Gerwig asked if it could have been approved without Council if it was the new zone 

and an allowable separation. Mr. Flinchum indicated if the facility met the 500 feet, it would be a 

permitted use. Mr. Kurtz explained this CLF is a Type 2B requiring a conditional use application that 

must come before Council because of the number of residents and, in addition, there is the 500 foot 

requirement that can only be waived or excused by Council. Vice Mayor Coates asked if he was 

saying Council would always see these types. Mr. Kurtz stated that was correct and, unless they 

changed the ordinance further, they will always see this Type 2B classification. Councilman Greene 

asked if that included anything inside the 500 foot separation. Mr. Kurtz indicated, regardless of 

whether the facility meets all the separation requirements or not, it is simply an order for Council to 

ascertain that that they meet all the associated conditions. Mr. Schofield noted they might not 

necessarily see a 14 bed unit, but facilities with more than 14 beds are conditional uses, and Council 

has to see them to do a site specific approval. 

Councilman Willhite asked if they saw 7 or 14 bed units. Mr. Schofield stated up to 14 beds they 

shouldn’t be seeing them. Councilman Willhite then questioned why they needed to see the 21 bed 

units, if they created it and approved it, as long as it’s over the 500 foot requirement. Mr. Schofield 

explained the evaluation standard was for permissible use, but this was beyond what they would 

normally have in those neighborhoods. He said it provides Council the opportunity to review it and 

apply conditions to it to mitigate the additional impacts that would be caused by those seven 

additional residents. Councilman Willhite asked if they enforced any conditions on this one. Mr. 

Schofield indicated this one had the limitation that one of the rooms had to be reserved for critical 

care. Councilwoman Gerwig stated the parking requirement and visitation was part of their 

conditions. Mr. Flinchum noted that when the Zoning Text Amendment was adopted, they raised the 

bar for a lot of the requirements and this meets all of them for parking, for square footages, for shifts, 

and for staff. Mr. Kurtz indicated there were eight conditions listed in the proposed resolution and on 

page 164 of 838 is where the conditions become amended. 

Mayor Margolis called upon Ms. Glas-Castro to speak. 

Ms. Kim Glas-Castro introduced herself and stated she was there on behalf of Wellington Elder Care, 

R&R, LLC. She indicated Ricardo and Rosa Gutierrez, the owners and administrators of Wellington 

Elder Care, were there this evening to help answer any operational questions. She noted they 

4


brought out several neighbors as well, so they could provide direct testimony on their experience as a 

Wellington Elder Care neighbor. Ms. Glas-Castro showed a diagram of the property located on a culde-sac 

on Lily Court. She stated it used to be two duplexes for a total of four units, each unit being 

three bedrooms and two baths, for a total of twelve bedrooms and eight bathrooms. She indicated 

when this was approved in 2010 for a Type 2A, it was approved to house 14 senior residents within 

those twelve bedrooms and eight bathrooms. With this proposal, they are proposing to increase the 

residency to 21 senior residents. She explained they will be adding a bedroom by removing a kitchen, 

as they don’t need four kitchens. This will give them thirteen bedrooms, five singles and eight double- 

occupancy. Ms. Glas-Castro noted they all comply with the new criteria established, which is stricter 

than the ACHA standards for minimum square footage of the bedrooms. In addition, she said, there 

will be a privacy room, additional care room or hospice room set aside and would not typically be used 

for a resident. She noted it may be used for storage or staff, but it would be used when additional 

privacy is needed for care of a resident. She indicated this residence would be licensed for no more 

than 21 senior residents. 

Councilman Willhite thought the discussion was that it didn’t have to be a specific room. So if there 

was already a single occupancy room available for a resident that needed additional care or extended 

care, they would stay in the room and not have to be moved. Ms. Glas-Castro said that was part of 

their request to allow that flexibility, so they don’t have to move someone into that room if that level of 

privacy is already provided. Councilman Greene noted they needed to have a dedicated room 

available for a single resident who required special care. Vice Mayor Coates also stated they did not 

want a room to be designated as “the room.” 

Ms. Glas-Castro explained the surrounding area was all multi-family, and to the left were the singlefamily 

residents. She said you can’t drive to the single-family residents from Lilly Court or from 

Periwinkle as you would have to drive out onto Greenview Shores and up to the next street. So 

between Wellington Elder Care and the single-family area, while linearly it is less than 500 feet, you 

have three multi-family structures, plus a road, before the first single-family property. She indicated, 

that was part of the basis why it originally received conditional use approval for a waiver of the 

distance separation requirement. She also showed pictures of the facility’s outside façade as it 

typically looks. 

Ms. Glas-Castro indicated Wellington Elder Care was there tonight because they see a demand for 

additional housing needs for seniors as they have a waiting list. She said they have the capacity 

today to house seven additional residents without doing major interior renovations, and they are able 

to comply with the ACHA and Village criteria for Type 2Bs including location and structural criteria, 

with the exception being the 500 foot distance separation from single-family residents. She noted Mr. 

Flinchum had already reviewed the Village criteria and showed they were in compliance with 

everything, except for the single family distance requirement. Included in the Village criteria, said 

staffing levels are greater than those required by the State and Wellington Elder Care commits to 

adhering to those staffing requirements. She showed the floor plan illustrating there would be a total 

of thirteen bedrooms, plus the additional flexible room, so fourteen bedrooms were possible with the 

possibility for a total of twenty-two beds, although it would be limited to 21 residents by the 

development order and the ACHA license. She indicated the Village also increased the requirement 

for the common area under air-conditioned space to 50 square feet per resident and that this facility 

would exceed that requirement. She showed the designated flexible room for privacy that was 

obtained by converting one of the former kitchen areas. She reviewed their typical staff schedule with 

a minimum of four staff members during the day and two staff members at night, which is now part of 

the Village’s code. She also reviewed a typical daily routine for the residents with their day starting at 

7:00 a.m. and ending between 7:00 p.m. and 9:00 p.m. She said, while it’s a requirement of the 

Village that they be at least 65 years of age, most of the Wellington Elder Care residents are in their 

5


80’s if not older. She showed pictures of their common dining and activity rooms as they live as a 

family, a single social network. She also showed pictures of their social activities, living 

room/common area, dining room, typical bedroom, and backyard. 

At the Planning Board meeting, Ms. Glas-Castro said, a neighbor who is the property owner of a multifamily 

rental apartment across the cul-de-sac, but not a resident, commented he had concerns about 

the parking if it increased to 21 residents. She showed a typical day of parking at Wellington Elder 

Care with eight parking spaces, which comply with the Village’s code. She also showed parking 

across the street at one of the multi-family rentals, looking down Lily Court at the multi-family rentals 

and their parking situation, and across the cul-de-sac there was furniture being delivered on one 

particular day. She indicated Wellington Elder Care has never had to regulate visitation, but with 21 

residents they may need to do that especially on holidays. She demonstrated how they were able to 

work out a block schedule so family members could come at different times and not overload the 

parking facilities. Ms. Glas-Castro stated they were there to answer any questions from Council, and 

she would like the opportunity to address any questions or comments from the public. 

Councilman Greene stated he had an opportunity to visit the facility, meet with the owner or the 

applicant in this case, and meet his staff. He thanked the applicant personally for his cooperation in 

moving this process forward. He thought it demonstrates a real intent when somebody comes before 

Council and staff in a way that makes it easy for them to do their job. He said the feedback they 

received from the community, as they have been copied on a number of e-mails, showed tremendous 

support from residents. Councilman Greene was excited about supporting the applicant and thought 

as they moved forward with this facility, the applicant would be willing to work with them to address 

any issues. He stated he would support this item and wished the applicant the best of luck. 




Vice Mayor Coates called the names of the individuals who indicated they wished to speak on this 

item. 

1. Sara Kublin, 3778 Old Lighthouse Circle, Wellington. Ms. Kublin said she is resident and a 

physical therapist that provides therapy to many of the residents at Wellington Elder Care. 

She spoke of the wonder care that the residents receive at the facility. With regard to parking, 

she explained that she has gone to the facility at different times during the day, evenings and 

on weekends, and has never had an issue with parking. She believed there is a need in this 

community for places where elders can be safe and treated with dignity, and that Wellington 

Elder Care is that place. She hoped the community would support them. 

2. Antonio Borges, 2384 Seaford Drive, Wellington. Mr. Borges stated that Wellington Elder 

Care is a wonderful facility. 

3. Stephen Mish, 1330 Primrose Lane, Wellington. Mr. Mish said when he received the letter in 

the mail; however, he thought the facility didn’t yet exist and they were just starting it. He said 

that after hearing what the facility is doing, he agreed with what they were proposing and the 

direction they were going. His concern was if facilities such as halfway houses, etc. were 

going to be popping up in the rental communities noting the increase amount of crime in some 

of those neighborhoods. 

Councilwoman Gerwig indicated they had discussed that concern in the first hearing of the Zoning 

Text Amendment change, and she felt they addressed it. Mr. Mish stated he has been a resident 

6


there since 2003 and this was the first he heard of it. Councilwoman Gerwig said Council did hear a 

Zoning Text Amendment that wasn’t for this specific site, but they don’t allow many. She noted the 

site for 14 residents has been before Council, and they have found it to be a very good neighbor. 

Councilman Greene said in case there is any concern of these popping up all over the multi-family 

developments, there is a separation requirement. He said that Council had discussed about the 350 

or 500 foot from multi-family to single-family, but from a type 2B CLF to another type 2 CLF there is a 

1000 foot separation, so you will not be seeing a tremendous amount of these facilities throughout the 

Village. 

Vice Mayor Coates read the remaining comment cards from the public for the record. 

1. Armando Trujillo. Mr. Trujillo indicated his support. 

2. Carlton Mack. Mr. Mack indicated his support. 

3. Stephen Korbelak. Mr. Korbelak indicated his support. 

4. Armando Diaz. Mr. Diaz indicated his support. 

5. Rodolfo Yares. Mr. Yares indicated his support. 

6. Eduardo Moya. Mr. Moya indicated his support. 

7. David Samore. Mr. Samore indicated his support. He noted that his mother-in-law is at the facility, 

and that the owners and facility are fabulous. 


unanimously passed (5-0) to close Public Hearing. 

Councilman Willhite asked if the facility was precluding residents from having vehicles. Ms. Glas- 

Castro stated that was correct as residents would not keep private vehicles. He questioned if the 

facility had transportation for the residents, where that vehicle would park, and if it would be stationed 

there all the time or only on site for transportation times. She said they had a facility vehicle, like an 

SUV, and its parking spot would be labeled as administration parking. He then wondered if they 

would need nine parking spaces. She indicated they included it in the staff count. Councilman 

Willhite counted four staff members, the facility vehicle, and then one spot for every 7 residents. Ms. 

Glas-Castro noted they had eight spaces. He said so if you take three off, then you’re down to five, 

and you have four maximum staff on at a time. She stated they are required to have four, and they 

have parking reduction strategies as they have employees who carpool and, with the facility SUV, 

they can shuttle employees over to the site so they don’t have their employee vehicles parked there. 

Councilman Willhite hoped it is not common practice for therapy or other outside care to take place on 

holidays, because they will limit the number of spaces. Ms. Glas-Castro said the administrators were 

fully aware of that. 

A motion was made by Councilman Greene, seconded by Vice Mayor Coates, and 

unanimously passed (5-0) approving Resolution No. R2012-60 (Wellington Elder Care 

Development Order Amendment) as presented. 

B. RESOLUTION NO. R2012-11 (PALOMINO EXECUTIVE PARK MASTER PLAN 

AMENDMENT): A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING 

THE MASTER PLAN AMENDMENT FOR PETITION NUMBER 2011- 40 MPA 2, ALSO 

KNOWN AS PALOMINO EXECUTIVE PARK, A PARCEL OF LAND, TOTALING 12.15 

ACRES, MORE OR LESS, LOCATED APPROXIMATELY ONE MILE NORTH OF LAKE 

WORTH ROAD ON THE WEST SIDE OF STATE ROAD 7, AS MORE SPECIFICALLY 

DESCRIBED HEREIN, TO ALLOW 112,400 SQUARE FEET OF PROFESSIONAL / 

MEDICAL OFFICE WITH A MAXIMUM 112,400 SQUARE FEET OF MEDICAL OFFICE; 

7


PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND 


Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. 

Mr. Flinchum indicated this was item 7B and a master plan amendment. He pointed out the staff 

report started on page 224 and the conditions were on page 240. He noted Council had heard the 

presentation on this project several times. He explained it was a request to add roughly 2,400 sq. ft. 

to a previously approved 110,000 sq. ft. professional medical office located on the west side of State 

Road 7. Mr. Flinchum mentioned the majority of the discussion had been about a proposed signal at 

the State Road 7 and Palomino Drive intersection. He said the addition would be on the east side and 

that it was for a cancer treatment facility. 

Mr. Kurtz indicated this was a quasi-judicial hearing and asked Council to disclose their ex-parte 

communications with respect to this item. 


Councilman Greene: Councilman Greene disclosed he had no conversations with the applicant, but 

had discussions internally, at public meetings, and with staff and Council. 

Councilman Willhite: Councilman Willhite disclosed he had communications with staff and at their 

meetings. 

Mayor Margolis: Mayor Margolis disclosed he had communications with staff and at their meetings. 

Vice Mayor Coates: Vice Mayor Coates disclosed he had ex-parte communications with staff and 

with the representative of Palomino Park. 

Councilwoman Gerwig: Councilwoman Gerwig disclosed she had not spoken to anyone about this, 

besides at their standard staff meetings and the presentation. 

Mr. Donaldson Hearing introduced himself and stated he was with the firm of Cotleur & Hearing. He 

indicated he was there on behalf of Dr. Ravi Patel, who is the owner of the CyberKnife building. He 

noted Dr. Patel was actually treating cancer this evening, but his business manager, Mr. Chris 

Radcliffe, was there to answer any questions. Mr. Hearing explained the one story CyberKnife 

building was located right at the intersection of State Road 7 and Palomino Drive. He said Dr. Patel’s 

desire was to expand his building to accommodate a nuclear accelerator that required 2,400 sq. ft. in 

order to provide all the concrete screening. He stated it would not generate traffic because it is a 

large piece of machinery. He indicated Dr. Patel had been working on this project for over a year and 

wants to expand his practice to continue to meet the needs of the western community. He noted that 

Dr. Patel is not only a leader in the industry of oncology and radiation, but he has some of the latest 

technology available. Mr. Hearing had personal testimony from one of his office workers whose 

husband died of melanoma cancer about a year ago. Dr. Patel and Mr. Radcliffe would send people 

to her home to bring her husband for treatment at CyberKnife, when the ambulances would not. He 

said that showed they are truly serving the needs of the residents here. Mr. Hearing indicated Dr. 

Patel was part of the 110,000 sq. ft. center, which represents about 2% of the overall center including 

the expansion. He stated the Village had asked Dr. Patel to participate in the sharing of the traffic 

signal and that Dr. Patel and Mr. Radcliffe were in full agreement to participate not only for the 

expansion, but for his entire 10,000 sq. ft. He noted Dr. Patel and Mr. Radcliffe have worked to try to 

gain the support of the remaining 100,000 sq. ft.; however, the POA was not in support of that 

8


request. He mentioned Mr. Chuck Edgar was there as counsel for the POA and would speak on their 

behalf. Mr. Hearing stated Dr. Patel’s portion was about 11% of what would have been assessed to 

Palomino Park, so it’s a significant amount of money that he is willing to pay. He informed everyone 

he was on a very “short leash” and only had the ability to agree on behalf of Dr. Patel relative to his 

expansion and his agreement to participate in his fair share. He reiterated Dr. Patel was willing to 

participate up to his fair share, which is a fairly substantial amount for what would ultimately be 12,500 

sq. ft., as the 2,400 sq. ft. expansion could not take on the burden of the entire $98,000-$100,000 of 

additional impact. On behalf of Dr. Patel, Mr. Hearing requested Council revise condition 6 to only 

obligate him for his 12,500 sq. ft. 

Councilwoman Gerwig asked if it was actually 112,000 sq. ft. Mr. Hearing indicated Dr. Patel’s square 

footage was only 12,500 and that in total Palomino was 112,000 sq. ft. He stated it has cost Dr. Patel 

a lot of money to operate a small business in the Village as Dr. Patel has spent over $30,000 up to 

this point and over a year’s worth of time to get here, $16,000 of which was being paid directly to the 

Village for staff time and application fees. He said that alone was over $10/sq. ft. of the building 

before Dr. Patel even starts construction, and he is agreeing to pay the additional $10,000-$15,000 for 

the traffic light. Mr. Hearing asked Council to support Dr. Patel’s petition and thanked them for their 

patience, time and consideration in deliberating. 

Vice Mayor Coates questioned if it was correct that Dr. Patel voted against this issue when it was 

brought before the POA. Mr. Hearing explained he could only tell Council what Dr. Patel had 

represented to him. He said Dr. Patel was strongly in favor of the traffic light, but there wasn’t 

unanimous support from the rest of the Board. He reminded everyone that Dr. Patel represents the 

entire POA and has fiduciary responsibility to everybody, and because there was not unanimity 

among the other members of the Board to support the traffic light, Dr. Patel did vote no at that 

particular meeting in the interest of unanimity. Mr. Hearing pointed out that behind the scenes Dr. 

Patel has tried to lobby for the light. Vice Mayor Coates wanted to make sure he was clear and asked 

if Dr. Patel was a voting member. Mr. Hearing stated Dr. Patel was there as a voting member 

representing all the constituents of Palomino Park. Vice Mayor Coates then asked if he was there as 

a Board Member. Mr. Hearing indicated Dr. Patel was there as a Board Member, not as an individual. 

He stated Mr. Radcliff and Dr. Patel want to keep their facility in Wellington and don’t want to move. 

Mr. Hearing said he was willing to pay his fair share even though his friends may not be willing to pay. 

Vice Mayor Coates said he understood, but was confused why when the issue went to the POA, Dr. 

Patel would vote no when he knows Council has indicated they want the full $98,000 paid and have 

been pushing for the light which he supports. Mr. Hearing said he couldn’t speak for Dr. Patel, but it’s 

like bipartisanship when you’re trying to work with everybody, you’re trying to build consensus, and 

there wasn’t support. Mr. Hearing said he wasn’t sitting in the room, but he was sure it happens here 

on Council when one of member may not agree and everyone else does so they vote in the interest of 

unanimity. Mr. Hearing believed this was the case and stated Mr. Radcliffe could speak to that 

because he works directly for Dr. Patel. 

Councilwoman Gerwig emphasized that Council didn’t vote to assess this or make a decision. She 

stated it has been a discussion point with Council wanting the light. She indicated she never wanted 

them to pay all of it and understood why they thought they shouldn’t have to since they got a release. 

Councilwoman Gerwig wanted to make sure the discussion was never finalized. Vice Mayor Coates 

agreed there wasn’t a vote, but indicated if anyone was watching Council meeting, it would show that 

there was the consensus of Council to have the full amount paid. Councilwoman Gerwig stated she 

was there the whole time, but had a different opinion. 

Mr. Radcliffe introduced himself and stated he worked for South Florida Radiation Oncology with Dr. 

Ravi Patel. He indicated they were looking to build a small expansion onto their facility to add a linear 

9


accelerator, but it wouldn’t add any traffic to the area itself. He stated they have two other 

accelerators and wanted to add a third so it would be easier and timelier to treat all the patients so 

they wouldn’t have to wait in line. Mr. Radcliffe said a traffic light would definitely benefit not only 

them, but the entire facility as well as anyone trying to get through the area, especially if they needed 

to make a U-turn. 

Vice Mayor Coates stated they all agreed with Mr. Radcliffe, but the unfortunate part was finding a 

way to make it fair to everybody in that particular area as that has been what they are struggling with. 

He stated he had no issue with the 2,400 sq. ft. expansion which is why most of the discussion has 

been about the light. Mr. Radcliff stated South Florida Radiation Oncology was absolutely willing to 

pay their fair share based on their 12,000 sq. ft., including the possible expansion. Vice Mayor 

Coates asked Mr. Radcliffe if Dr. Patel was the property owner when the light requirement was 

actually still active with respect to that development. Mr. Radcliffe responded affirmatively. Vice 

Mayor Coates questioned how the waiver came about from the County. He wondered if there was a 

lapse or period of time when there was no need for the light and it automatically expired or if it was 

supposed to be indefinite and then at some point the County just withdrew the requirement. Mr. 

Hearing stated it had a definitive time, but that Mr. Chuck Edgar could discuss that in more detail. 

Councilman Willhite also questioned why Dr. Patel voted against this if he was so supportive of the 

light. He said he hated to speculate that he was hoping to play some kind of hardball to say they 

weren’t going to pay since the POA had been released from the requirement. Councilman Willhite 

said he was speaking specifically to the applicant who says we’re not opposed to paying our fair 

share, yet they vote against it. Councilman Willhite said that particularly points to the question if you 

support it, why didn’t you say to the partners or representatives “this will benefit my business; 

therefore, I am willing to pay and am voting to support this.” Councilman Willhite said he understood 

Dr. Patel has a fiduciary responsibility to everybody, but he believed that when you are directly 

involved and know you will financially gain from it, that you would waive the interests of others who 

didn’t want to pay for your personal interest or benefit your business. He further stated that he 

appreciated Mr. Hearing coming forward and stating Dr. Patel voted against it since that has been the 

discussion from the very beginning. He thought Mr. Hearing and other representatives know his 

immediate concern with any of the developments in this area is the traffic light. Councilman Willhite 

said that regardless of whether Council voted on it or not, the traffic light was very important to them. 

He said they weren’t worried about the bricks and mortar just who would be paying $400,000 to cover 

a traffic light needed in the area. Councilman Willhite wanted to hear from Mr. Edgar to hear how the 

POA voted and the underlying description of the rescindment. 

Mr. Hearing thought Mr. Edgar would provide a good prospective. At the same time, he said he 

knows how important the light is and, as a developer and real estate expert, he thought it would 

increase value, but he had to ask Council to also look at the request before them which was for 2,400 

sq. ft. He said the request is a gnat or an ant; however Council was reaching for a giant. Mr. Hearing 

further stated that if Council was not able to get that giant, then he asked them to take what Dr. Patel 

could give them, at least 11%-12%. He said if Council requested 13%, he was sure he could squeeze 

Dr. Patel’s hand and tell him to give the 13% because is what this petition was about. 

Councilman Greene said that Mr. Radcliffe articulated several of the concerns they have all discussed 

publicly. He stated Mr. Radcliffe just mentioned they will have another piece of equipment that will 

increase capacity which will drive more traffic to the facility. Mr. Radcliff clarified it would not increase 

capacity as it would just alleviate the amount of congestion they already have inside the facility. He 

said it would be easier and timelier for treating patients; however, they would still be treating the same 

number. Instead of having 20 patients on each machine, he said they will have 12 on each machine. 

Councilman Greene believed the practice is an asset to this community and was grateful Dr. Patel 

10


and a number of offices in that complex have chosen Wellington to practice. He wanted to work 

together with them, but one of the concerns was coming in and out of that facility. He said Mr. 

Radcliffe articulated very clearly there were traffic concerns, so a traffic light would benefit each and 

every doctor and practice inside the complex. Councilman Greene stated he had some other 

questions, but wanted to hear from the POA. Mr. Radcliff indicated the real traffic was 441 and not 

the few people coming in and out of the facility. Councilman Greene pointed out that the people 

would still be coming in and out onto 441. 

Mr. Chuck Edgar introduced himself and stated he represented the Property Owners Association. He 

thought a little history was in order and explained that when the development was originally approved, 

there was a condition relating to the traffic signal similar to the one later imposed, but that was 

overlooked. He noted that he had not been involved so he couldn’t tell them exactly why or by whom. 

but when they came back to request approval for the property to go from 50% medical to 100% 

medical, and established with the support of staff they had sufficient parking and sufficient trips 

available and otherwise met all requirements, staff and Council then re-imposed the traffic signal 

condition. Mr. Edgar stated the when that was done was they had to notify Palm Beach County 

Traffic Engineering when the last certificate (noting a correction if the Staff Report) showing 

completion was issued which had already happened. He said that County then had two years in 

which to make a determination as to whether or not a signal was warranted at that intersection. The 

two years passed, and they did not make that determination and, therefore, the condition evaporated. 

Mr. Edgar stated he didn’t recall them ever receiving any kind of waiver or letter, but that it just went 

away. He explained that where they current stood was that there is no requirement that Palomino 

Park POA had to contribute anything for a traffic signal. 

Secondly, Mr. Edgar explained there was now a new condition that he had only seen that morning. He 

again provided some history and stated that when they came back for the 100% medical, they were 

also asked to agree to a cross access easement that would allow Wellington Parc to the south to 

bridge over the Lake Worth Drainage District canal and share the entryway. He indicated that was to 

be done pursuant to an easement that was recorded by a stated date and a form approved by the 

Village Attorney. He stated the easement provides they share in the cost of constructing the entryway 

and its ongoing maintenance and their proportionate share is as determined by the Village Engineer. 

Mr. Edgar noted that was a recorded document and is the status quo today so that was one reason 

Dr. Patel voted against this. He said there was no nexus between what Dr. Patel wants and the 

balance of the park’s obligation because there is no obligation. 

Mr. Edgar asked Council to look at this request standing alone. He said there was more to a quasijudicial 

proceeding than just swearing people in, and he that he knew Council didn’t want to be told 

how to make a decision, but it should be based on the facts, expert opinion, and the application in and 

of itself. He said that once you go beyond that and start trying to impose financial obligations on 

neighbors then you are legislating and that’s not what this is about. He noted the staff report 

mentions the Versailles PUD benefits, but they have an association and were not being asked to 

contribute. Mr. Edgar indicated they were not here to talk about whether or not the light was needed 

or would be useful. He said the issue was if a 2,400 sq. ft. expansion justified a traffic signal. Mr. 

Edgar stated Dr. Patel heard these arguments during a board meeting, and as a board member, he 

decided his duty was to put the interest of the association as a whole ahead of his own. He was sure 

that was a decision Dr. Patel didn’t want to make, but he had made the right one. At this point, Mr. 

Edgar said he would be happy to answer any questions. 

Councilman Greene asked how many voting members there were on the active POA. In response, 

Mr. Edgar explained that there were three voting members, one per each building. 

11


Councilman Willhite questioned how the Versailles neighborhood would benefit from a traffic light. Mr. 

Edgar stated he would have to ask Mr. Flinchum since it was in the staff report. Mr. Flinchum noted 

that this question had been raised during the staff review. He said very often when you have signals, 

whether upstream or downstream, they stage and pulse the traffic which makes it easier for people to 

get out of their adjacent driveways, and that was the intent of that statement. 

Vice Mayor Coates asked Mr. Kurtz if Mr. Edgar was correct because he had been under the 

impression that the County unilaterally waived this requirement and that Council had no say in it. He 

said that was a much different scenario than what Mr. Edgar was saying, where there was a time 

certain and that time certain period just expired. Vice Mayor Coates wanted to know who was correct, 

Mr. Edgar or staff, because he had heard the former interpretation from staff. Mr. Kurtz wasn’t sure 

there was much difference as the time did lapse, and the County did not exercise their right to request 

the light be put in. Vice Mayor Coates explained the difference was if you are dealing with a time 

certain and that time expires, then the POA took the risk and had the burden if a light was to be put up 

within that period of time, but if it didn’t get put up, the reward was they were no longer obligated. He 

said that now if Council tries to make them responsible, they would be stealing POA’s benefit of the 

bargain and the property owners within the complex who bought into the idea or the understanding 

that it was only a two-year obligation. Mr. Kurtz thought Mr. Edgar had stated the facts correctly as 

there was a time certain condition and the County did not exercise its right to have them put in a light 

within that time period. Vice Mayor Coates questioned if there were any requirements on Palomino 

Executive Park if the light was put up within the two-year period. Mr. Edgar stated it was two years 

from them notifying the County of shell completion. Vice Mayor Coates then asked if the light was put 

up in that two-period and they were responsible for the full amount, would they have had any recourse 

against the property owners, where the Wellington Charter School is contemplated to be or the Bella 

Terra site or Wellington Parc, to contribute to that $400,000. Mr. Kurtz believed that Wellington Parc 

was going to contribute 20%. Mr. Edgar noted that the recorded easement indicated it was 27%. 

Vice Mayor Coates asked again about the properties across the street where the Wellington Charter 

School was being considered and Bella Terra. Mr. Kurtz and Mr. Edgar didn’t believe they were 

obligated. In that instance since they were talking about fairness, Vice Mayor Coates stated that 

because these properties were being developed later, they would get the benefit of the light if it had 

been put in without ever having to pay for it. Mr. Kurtz indicated it was a different development 

scenario. Vice Mayor Coates understood, but said the argument being made now was that Palomino 

Executive Park would get the benefit of the light without having to pay for it and so the picture has 

completely flipped. Instead of Palomino Park having the burden, it would now get the benefit because 

the light wasn’t put up within the two-year period. 

Councilman Greene stated he had heard a slightly different interpretation the previous day and asked 

Ms. Troutman to discuss this. 

Councilwoman Gerwig questioned that as well and asked what was actually represented to Council. 

She recalled the time period was up for the need to be shown as the County had a two-year 

timeframe and at that point they had to make a determination if the light was needed or not, and the 

letter given was based on the fact they realized it didn’t meet the need, so it expired. 

Ms. Troutman explained that when they met shell construction, the POA wrote a letter to the County 

indicating they had met that point, and if they wanted them to pull the surety and build a signal. She 

stated the County had 24 months or one year from that time to say they wanted us to pull the surety 

and build a signal, but they did not do that because at that time the signal was not warranted. 

Councilman Greene indicated the explanation was slightly different than what he remembered from 

yesterday as he thought the obligation was on Palomino Park and there was a waiver issued to 

relieve them of that obligation. Ms. Troutman said she was not sure if there was a letter from the 

12


County relieving them of it, but they did meet the condition requirements. Vice Mayor Coates 

indicated it was after the period had already expired. Ms. Troutman stated that was correct. Vice 

Mayor Coates thought that made a big difference. Councilwoman Gerwig noted that was her point in 

the discussion and if the representatives are willing to pay based on their share, she felt that was the 

only equitable part they could go after at this time. Vice Mayor Coates said he didn’t feel like this 

yesterday, but in understanding they are talking about an expiration of the period as opposed to an 

affirmative waiver, he said he was closer to Councilwoman Gerwig’s opinion now. 

Mr. Schofield explained to Council how the condition was written. He said on page 241 of 838, they 

would see condition 6B which is typical of how traffic conditions are written: In the event construction 

does not commence in a SR7 and Palomino Drive mast arm signal by June 30, 2017 or within five 

years of receipt of payment, whichever occurs last, Wellington shall refund $98,879 to the Property 

Owners Association upon completion of the roadway improvements described. Mr. Schofield said the 

way the conditions are written, they delineate a specific amount of money. He noted in the original 

case, they were responsible for the entirety of the signal, it had a time certain requirement on it, and 

that time certain expired. He further noted that they asked for clarification, and that was how the 

expiration would have happened. Mr. Schofield knew there was a letter from the POA, but did not 

know if there was a letter back from the County. Ms. Troutman stated it should be noted that the 

County requested again in their new approval of this expansion, to impose the signal conditions. She 

said that condition was not only coming from Wellington, but from the County as well. Vice Mayor 

Coates asked if the County had to approve the expansion that being requested. Ms. Troutman 

indicated they had to approve it as far as the traffic performance standards, so they have to write an 

approval letter for it, and in their approval letter they requested to impose the signal condition on this 

project. Vice Mayor Coates said so the County was now trying to reinstitute the light requirement for 

the 2,400 sq. ft. expansion. Ms. Troutman stated that was correct. She noted they don’t proportion 

the share as they are saying it just needs to be done. 

Mr. Schofield pointed out that there was one question that either Mr. Edgar or Mr. Hearing needed to 

address. He said that for the conditions as they relate to the contribution of the traffic signal, did they 

consent to the balance of the conditions outside of the traffic payment. Mr. Edgar responded 

negatively because he said the rewording in Section 5 of the reimbursement obligation of Wellington 

Parc had never been agreed to. Mr. Edgar indicated they had fulfilled their obligations to grant the 

cross access easement as approved by the Village that was recorded in 2009. He said that document 

gives the Wellington Engineer the ability to make the allocations based upon relative trip counts, but 

they previously provided Wellington Parc with the breakdown of the cost to build that and have had no 

response, no offer to sit down to talk about the numbers or anything else. He said that instead this 

condition suddenly pops which up until now was not even under consideration. 

Councilman Greene asked what the dollar figure was. Mr. Hearing stated it was $543,000+. Mr. 

Kurtz asked if that was the total cost or 27%. Mr. Edgar said that was the total cost and they would 

pay approximately 20% of that. 

Mr. Schofield stated that would mean both the acknowledgement and consent statements submitted 

as a part of the application are more limited than they would appear to be based on the signatures on 

that document. Mr. Edgar asked Mr. Schofield to repeat that. Mr. Schofield reiterated that the 

acknowledgement and consents that are required as a part of every single application specifically 

provides that the owners of the subject property give their consent to the designated party and agree 

to the terms and conditions that may arise as part of the approval of this application for the proposed 

use. He said that it is a more limited consent than you would normally see. Mr. Edgar stated in that 

regard he would say that no applicant for any sort of governmental approval is bound to agree to 

every single condition. Mr. Schofield said that was correct. Mr. Edgar referred to the “short leash” Mr. 

13


Hearing mentioned earlier and that literally within the last two hours of the deadline to file the 

application, he learned or advised the POA that they needed to be a co-applicant because it effected 

the overall master plan. He said that the only way they could respond quickly enough to meet that 

deadline was to have a separate letter from him that knowing that the traffic signal might come up, 

that he could not agree to it. Mr. Edgar felt that the other condition came out of the blue. 

Councilman Greene stated there was a requirement from the County. He asked if there was no other 

charter school and no other development between those four corners, and the only thing that was in 

front of Council or the County was the expansion of 2,400 sq. ft. for Dr. Patel’s practice, would the 

County require a traffic signal at that intersection. Mr. Edgar stated he thought the word was 

“request.” Mr. Hearing noted the County requesting to recommend something was very common and, 

again, his client was willing to pay his proportionate fair share as it is his understanding under the law, 

and certainly under the current law, that was what they should be obligated to pay. Mr. Hearing 

reiterated that the County often recommends things, and have done so on other projects and probably 

even on Wellington’s own projects that they haven’t necessarily done; however, Dr. Patel was willing 

to pay his proportionate fair share which was the request before Council. Councilman Greene 

questioned if Dr. Patel would be more willing to comply with the County request if he needed this 

expansion or would he say it was not worth the investment. Mr. Hearing explained that no sane 

person would spend $90,000-$100,000 in addition to build a 2,400 sq. ft. expansion when the 

expansion itself would probably only cost $100,000 plus the equipment which was more than that. 

Councilman Greene stated he didn’t know the return on the investment and thought if it’s a $100,000 

that he may be able to charge through insurance for reimbursement. Mr. Hearing said it would be 

cheaper to move somewhere else than to put that kind of money into an asset like that. Councilman 

Greene asked if Dr. Patel would be able to persuade one other voting member on the Executive 

Committee to see the benefit of staying in that location and being a part of that community. Mr. 

Hearing understood there had been attempts, but they haven’t occurred. He stated the important 

thing was Dr. Patel was willing to pay his fair share. He said something may occur in the future with 

Palomino Park where there might be another opportunity to get a bite of the apple, but the request Dr. 

Patel had before Council was for the 2,400 sq. ft. expansion. 

Councilman Willhite indicated they know Mr. Hearing’s position and understood that Dr. Patel will pay 

10%-12% for his project. He asked Mr. Edgar if he would only want to charge them 27% of the 

$543,000, for the entranceway that was constructed. Mr. Edgar indicated the percentage was actually 

up to the Village Engineer, and he thought it was probably closer to 20%. Councilman Willhite 

questioned if that was what he was stating today and was not trying to get the full amount from them. 

Mr. Edgar said no, never. Councilman Willhite asked him again about the 20%. Mr. Edgar explained 

they were based on ratios of trip counts. Councilman Willhite asked what percentage he was trying to 

get for ongoing maintenance. Mr. Edgar replied the same, 20%. Councilman Willhite then asked if 

there was additional growth or development space in Palomino Park for his clients. Mr. Edgar said 

not to his knowledge, but point out that his client was the POA. He explained that the developer 

controls one of the buildings and has one seat on the POA Board, a minority seat. Dr. Sharma holds 

one seat and Dr. Patel the other seat. He explained the reason they were before Council was just to 

add 2,400 sq. ft. Councilman Willhite said he understood it was only 2,400 sq. ft. of improvement, but 

that square footage enhances the existing 10,000 sq. ft., so it is an enhancement to the business. 

Councilman Willhite stated Dr. Patel or his representatives could disagree with him, but if he has two 

machines meeting capacity and now has a third machine, he thought there is always the potential for 

more if you add another machine or increase space which he was okay with. He further stated that he 

did not know if a 2,400 sq. ft. expansion triggers a light; however, they are an existing 10,000 sq. ft. 

now and with 2,000 sq. ft. more, it does trigger needing a light. Councilman Willhite explained when 

you know the underlying fact is you need a light there, it was not the fact that its 2,400 sq. ft., 12,000 

sq. ft., 110,000 sq. ft., the developments across the street or the new ones coming forward. He felt 

14


that you can’t say that 2,400 sq. ft. is only a small piece of a huge puzzle because every piece makes 

up the puzzle, and you would then be responsible for a portion of this and should be responsible for it. 

Councilman Willhite asked staff about future developments having potential in the Wellington Parc 

area, and questioned if they would have to bond the amount proportional to the light, and if they build 

then Wellington would keep it or if they didn’t build it because it wasn’t warranted, would they then 

refund it. He also asked what would be the aspects of all the others that are broken down 

proportionately noting that they weren’t even at $400,000, but around $320,000 for the County as Ms. 

Troutman indicated. He thought if they came up to $320,000, the County would cover around 

$80,000 versus $56,000 as they discussed. Councilman Willhite stated it sounded minute, but they 

were talking about another $20,000-$30,000. 

Mr. Schofield explained that he normally doesn’t like to suggest policy, but he was going to do that in 

this case because it is clear the Property Owners Association was not going to agree at this juncture 

to fund the $98,879. He said Dr. Patel has indicated they are willing to fund their portion, which he 

believes is about $11,016, and it is also clear that Council wants the light. He explained Wellington 

Parc has a condition of approval that says they will fund 20% of the $400,000 total, and the County 

has said they would put up X-amount of dollars if the balance was obtained. Mr. Schofield said that 

they essentially have $80,000 coming from Wellington Parc based on their existing condition as well 

as Wellington Charter School coming up with a required contribution. Mr. Schofield suggested that 

since Dr. Patel has indicated they were willing to pay $11,000, Council could consider amending 

condition 6 to substitute $11,000 for the $98,879 in both 6 and 6B, direct staff to do the necessary 

design and issue the construction contracts to install the traffic light which would trigger the payments 

from both Wellington Parc and the Charter School, and then direct staff to begin an assessment 

process for the balance of about $84,000. 

Vice Mayor Coates asked who would be left to assess. Mr. Schofield stated Palomino Executive Park 

would be the party left to assess. Councilwoman Gerwig indicated Dr. Patel would be excluded from 

that. 

Mr. Kurtz reminded everyone there would be several steps involved as this was not a Village road, 

and they would have to enter into local agreements to effectuate the process. Mayor Margolis 

indicated they would need to do an engineering study. Mr. Schofield stated that was correct and 

that’s what he would suggest. 

Councilman Greene said he also heard that Dr. Patel’s representatives would be willing to pay slightly 

more than their fair share. Mr. Schofield stated he may be putting Dr. Patel at double jeopardy here, 

because once he agrees to this, if there is an assessment back to the Property Owners Association, 

he may be looking at paying his proportionate share of that as well. 

Councilwoman Gerwig had a question regarding condition 5 on page 241 of 838. She wanted to 

know if this condition was previously there noting the crossing out and changes. She asked why it 

was changing from track A to track 4 or if the plat changed at Wellington Parc. Mr. Kurtz reminded 

everyone that the POA does not agree to condition 5 as it is currently written. Councilwoman Gerwig 

asked if they had to agree. Mr. Schofield stated they were not required, to but you leave them with 

the option to accept the condition or not. Councilwoman Gerwig indicated she was trying to determine 

how it changed or why it changed between the crossing out and underlining because she didn’t think 

anything had been redone; she wanted an explanation of the requirement. Mr. Riebe explained the 

reason for the track change was that track A was part of the site plan, and when the plat was recorded 

track A was actually track 4. 

15


Vice Mayor Coates asked Mr. Riebe to explain to him again what Mr. Edgar’s second objection was to 

the reimbursement. Mr. Kurtz indicated condition 9 had been crossed out on page 230, but if you 

read through the language that has been excised that was the previous condition. Mr. Riebe stated 

the underlined language was added. Councilwoman Gerwig questioned if this was an agreement for 

Wellington Parc to pay their share for the use of the access because they would not have access to 

441. She indicated it was a cross-access for the property to the south. Mr. Riebe explained that was 

correct, and opined there were certain elements Palomino constructed to serve their property which 

benefit Wellington Parc. He explained the provision required Wellington Parc to pay a pro rata share 

of the driveway improvement that would benefit them which was the intent there. He further explained 

they recently had a similar issue with another development that took about ten difficult months with 

three different parties to resolve it. He noted they wrote it this way to eliminate some of that pain, to 

move through the process quicker, and to be fair to all parties, but not to unfairly give something to 

Palomino Park or unfairly to Wellington Parc or any other property owner benefiting from the traffic 

signal which was the intent of these conditions. Councilwoman Gerwig stated they still have another 

access, but the light would allow them signalized access to Wellington Parc. She indicated they have 

been big on requiring cross access for these kinds of roads and prefer to have as many access 

options as possible. Mr. Riebe said that was correct explaining that the light would benefit them 

immensely if they are northbound, otherwise they have to come out, go south, make a U-turn and 

then head north. 

Vice Mayor Coates stated he needed to be clear on Mr. Edgar’s second objection, and assumed it 

had to do with money being reimbursed to his client. Mr. Edgar indicated the condition of 

reimbursement and paying a fair share was always there since the day they recorded the easement. 

He pointed out that this says there will be a new easement and the Village Engineer will be the 

arbitrator of the allocation which wasn’t the deal. Vice Mayor Coates asked if his issue or the 

difference was that it doesn’t state fair share or pro rata, but says it is solely up to the discretion of the 

Village Engineer. Mr. Edgar stated that was correct. Vice Mayor Coates questioned Mr. Edgar on his 

understanding of the original reimbursement requirement. Mr. Edgar explained the original 

reimbursement requirement was that the dollar amount was the dollar amount. With the percentage 

allocation being up to the Village Engineer, this makes the Village Engineer or the Village second 

guess as to what the developer paid the general contractor. Vice Mayor Coates then asked if the 

original allocation was 27%. Mr. Edgar indicated the original allocation was to be determined based 

upon trip counts, and the 27% figure was the reimbursement if they had to put in a traffic signal back 

when it was a requirement. He said that the objection here was there was no nexus between the 

applicant’s request and the change in this condition. 

Councilman Willhite noted that was the only aspect as there is no traffic light now, and Mr. Edgar was 

saying the 27% was to be reimbursed based on the traffic light going in. Mr. Edgar then stated it was 

moot. Councilman Willhite agreed and said a new condition should be submitted to the fact that now 

there is no traffic light. Mr. Edgar clarified that there are two different sharing arrangements, one for 

the entryway and one for the traffic light, and only the latter was moot. Mr. Kurtz explained one of the 

issues is if there is no traffic light there, what is the value to Wellington Parc for the cross access 

easement. He thought Ms. Troutman could enlighten them on that. 

Vice Mayor Coates said he was having difficulty with what was lined out on page 230 of 838 and the 

two different sharing issues. He noted in the middle of the paragraph it stated: “The share of the cost 

of construction and the share of the cost of ongoing maintenance shall be determined by the Village 

Engineer.” He said that was how he understood it for the cost of the cross easement construction and 

the maintenance. He then pointed to page 229, paragraph 5 because he said he was trying to 

reconcile the two. Vice Mayor Coates said it stated: “As part of the cross access easement 

agreement, in the event Palomino Executive Park POA requests reimbursement of existing 

16


improvements and/or ongoing maintenance in track 4.” Again, he said was talking about the 

easement and the maintenance. He said it then stated: “The Wellington Engineer solely shall 

determine the appropriate amounts.” Vice Mayor Coates didn’t see the difference between them 

which was why he didn’t understand the objection. He explained that in the first one, the language in 

paragraph 9 read: “The Village Engineer determines the cost of both of those items.” In paragraph 5, 

which Council was being asked to pass, it read: “It would be the final decision of the Village 

Engineer.” Mr. Edgar indicated his objection was not the comparison of those two provisions, rather 

the comparison of the current provision, or whichever one you wish to choose, and what was done in 

2009 when the easement was recorded and approved by Wellington that sets the mechanism for this. 

Mr. Edgar reiterated there was absolutely zero nexus between what the applicant was asking for and 

this condition. 

Councilman Willhite asked Mr. Edgar if he was not objecting to this, but objecting to the fact it was 

being put on the 2,400 sq. ft. expansion. Mr. Edgar stated he was objecting to any change to the 

2009 arrangement because there was no reason for it. Councilman Willhite indicated it was an overall 

change in square footage to Palomino’s master plan of 110,000 sq. ft. Mr. Edgar said that was 

perfectly alright as it would have a positive effect on Wellington Parc because when the Village 

Engineer does the ratio based upon trip counts, the POA will have that extra square footage and that 

was the safety valve built into the 2009 arrangement. Councilman Willhite asked Mr. Riebe if he saw 

a different access point to Wellington Parc than the existing or originally planned one because he 

thought Mr. Edgar said it allows for some changes, but he didn’t see the roundabout as being the only 

access point to Wellington Parc. Mr. Riebe responded affirmatively explain that right now Wellington 

Parc has an access point on the southern end of the property that is a right turn in and a right turn out. 

Councilman Willhite said he was referring to the roundabout on the Palomino Master Plan on page 

233 noting he thought the was a roundabout there. Mr. Riebe stated that was correct noting it was 

built to facilitate a connection to the south. Councilman Willhite questioned what change in access 

Mr. Edgar was referencing. Mr. Edgar indicated he was not talking about a change in access, but a 

change in the methodology of determining the expenses. Councilman Willhite thought Mr. Edgar had 

said the change would give the Village Engineer the ability and leeway to change the easement and 

access to it. Mr. Edgar stated he meant it would change the cost sharing provision of the accesses 

which he said was the arrangement that was made. He said that they were requested to do it, and 

they did it. He pointed out that they submitted it, had it approved, and it was recorded, but now this 

change came about from nowhere. 

Mr. Kurtz recalled that at the time when they were trying to put together the access easement, 

Wellington Parc was not being responsive to the efforts. Mr. Edgar stated that, in all honesty, he 

didn’t think they even contacted them. He thought the discussion was they didn’t want a third party 

holding their ship hostage to 100% medical so they tried to put in what they considered a fair 

arrangement which was the cost and the ratio of sharing would be determined by a neutral third party, 

the engineer, based upon the use of the entryway and trip counts. 

Councilwoman Gerwig asked what the difference would be if Council removed the condition from Dr. 

Patel’s approval and the underlined condition still remained. Mr. Riebe stated the underlined 

condition requires Palomino Executive Park to be reimbursed for improvements to the cross access 

easement by the property owner to south. Councilwoman Gerwig questioned if the condition already 

in place was acknowledging some impact by Dr. Patel’s addition. Mr. Riebe explained the intent of 

the language. He said you would have to go to the broader context and remember this was done 

several years ago when Palomino Park was basically required to pay for 100% of the signal and front 

all the costs for the access to their property and for Wellington Parc in the future. He noted all those 

things have changed today, the conditions have changed, and the context has changed. He indicated 

the whole point of the conditions was to provide fairness among all property owners, so each of them 

17


share equally in the benefit of the signal, no more, no less. Councilwoman Gerwig said it seemed 

Wellington was now asking Dr. Patel to speak on behalf of the rest of the POA. She indicated if this 

condition was placed on the POA, it was all the properties in there and the sharing was different. She 

said it seemed a little inappropriate to inflict something on the entire POA, when they were looking at 

Dr. Patel’s addition. Mr. Riebe understood and reminded them the POA is a party to the application. 

Councilwoman Gerwig then asked if the POA had to take it, because they were saying they don’t 

agree with it. Mr. Edgar stated they were not required to agree with every condition, but thought they 

have some apples and oranges happening as sharing a traffic signal was not what he was talking 

about. Councilwoman Gerwig said she understood as they were talking about the accesses. Mr. 

Edgar indicated they don’t need the bridge as they are fine on their own. Councilwoman Gerwig 

stated that was correct, and this was recognizing the neighbor would benefit, especially with a traffic 

light there as they were looking at it with a fresher view. Mr. Riebe explained they could only use the 

benefits of the cross access. He said there was going to be internal capture between Wellington Parc 

and Palomino Park which is a benefit. He also stated there was a commercial piece up front in 

Wellington Parc that may be developed and could benefit Palomino Executive Park, where there is 

actually internal capture; however, they didn’t know what that would be in the future. He thought the 

policy has been that Wellington, specifically in that SR7 corridor, requires cross access easement 

between adjacent property owners to facilitate that internal capture and the overall circulation patterns 

along that corridor especially if there is a restaurant in the front. Mr. Riebe also indicated it could be a 

Walgreen’s. Mr. Edgar wanted them to understand they granted that cross access easement more 

than three years ago, and the only issue was throwing the cost of actual construction back on the 

table. He said they were willing to sit down with Wellington Parc to discuss it as they have provided 

them with detailed figures, but they have not hear anything other than receiving one question. Mr. 

Edgar indicated Wellington Parc’s attorney was present. 

Councilman Greene asked if the cross access between Wellington Parc and Palomino Park was a 

requirement. Mr. Riebe stated it was a requirement in the Palomino Park Master Plan that they 

provide a cross access easement to Wellington Parc. He further stated there was a condition on 

Wellington Parc’s site plan that was implied because they have to construct a bridge and make 

improvements, as there is a reciprocal cross access easement that Wellington Parc needs to provide 

to Palomino Park. He said when they talked to Wellington Parc, they were comfortable providing that 

reciprocal easement. Councilman Greene indicated if Wellington Parc’s position was they really don’t 

need cross access as they want to develop whatever they want to develop, they don’t care if their 

development has access to a traffic light because they have a right turn in and right turn out onto to 

441, he wanted to confirm there was a requirement for them to share in the costs of the cross access. 

Mr. Riebe stated there was no specific requirement in Wellington Parc’s development approval for 

them to participate. Councilman Greene questioned this since there was a requirement on Palomino. 

Mr. Riebe stated that was correct. 

Mr. Schofield indicated they have spoken to the Wellington Parc people. He said they will be coming 

in for a site plan amendment and these conditions will be applied as part of that amendment, but he 

didn’t know if it was here yet. Mayor Margolis noted Wellington Parc’s attorney was present, and he 

would let her speak as soon as they opened the Public Hearing. 

Councilman Greene thought if Council referred back to the application and what Dr. Patel was asking 

for, and agreed he could build his 2,400 sq. ft. addition and that his fair share would be $11,000 of the 

$98,000 obligation for the entire Palomino Park, then they could assess the balance of the $98,000 on 

the rest of Palomino Park and not interfere with the doctor’s ability to expand his practice. 

Councilman Greene indicated that in order to assess the balance of Palomino Park, he was hoping 

Dr. Patel’s influence as an executive board member would generate the additional vote needed, but 

then thought that wouldn’t matter because Council could assess it. Mr. Kurtz explained if they go 

18


through the assessment, they would need to have Public Hearings and base it on a study. He further 

explained that Palomino Park would have the opportunity to object to those assessments and make 

arguments so Council could not assume an assessment would necessarily happen or assume what 

the assessment would be. He also said there is a further process involved noting that Wellington has 

not yet initiated the engineering study that would be the basis for any assessment. Councilman 

Greene asked what they would do with the additional cost if the assessment was not successful and 

questioned if the Village would pick it up or if they go back to the other developers, whether it’s the 

Charter School, Wellington Parc, or other parties. Mr. Kurtz indicated there were a number of options 

available to Council. He explained they could go to the Wellington Charter School when that comes 

before them and say, just as they said to this developer, that they pay for the entire traffic signal up 

front. He said he didn’t know if they would accept the condition, but then they could enter into 

potential reimbursement agreements depending on what the nature of the development was. He 

reminded Council that Wellington Parc’s obligation did not begin until the actual development process. 

Mr. Kurtz mentioned Wellington Parc’s $80,000 was not going to be due tomorrow based on anything 

because they have to move forward in some manner to trigger that $80,000. Mr. Kurtz said that it was 

unknown whether or not that would happen. He indicated if Council imposed the obligation upon a 

single developer, they could enter into an agreement saying if this development happens, they were 

going to get monies from those folks to reimburse them for that initial cost. He said that was 

something they could do that has been done throughout the County. Councilman Greene stated he 

didn’t think it was fair to impose the entire burden on Dr. Patel for his 2,400 sq. ft. addition. He 

indicated whether it was a waiver or an expiration of time, there was a commitment and a feeling of 

good will that Palomino Park would pay the full cost of the traffic light at that intersection. He said he 

was looking at it as, I’m being a good neighbor and stepping up and being responsible in terms of 

sharing the cost of something that everybody has admitted tonight has value to everybody inside 

Palomino Park. Mr. Edgar stated they did what they were asked to do, and they rolled the dice on 

having to fund basically 73% of the traffic light because they had the reimbursement in the easement. 

He reiterated they did exactly what they were supposed to do, and the County failed to make the 

determination to put in a light within the time period. Mr. Edgar also stated this was no longer a 

development as people have moved in and moved out, units have changed hands, lessees have 

changed back and forth, and it was now to say it is going to be assessed for that was to basically say 

Council was going to re-impose the condition with some extra expenses, when the POA did exactly 

what they were asked to do. Councilman Greene indicated it would be a less expensive obligation 

than what would have been imposed going back several years. Mr. Edgar reiterated that the POA 

did what they were asked to do, and they were just asking the Village to hold up its end of the bargain 

now. He stated the condition went away so their obligation doesn’t exist. 

Councilman Willhite said he respected what Mr. Edgar just stated; however, he noted, the difference 

is the traffic light will add value to the property and, instead of 73%, it was now much less as the 

Wellington Charter School and others would be paying for it. Councilman Willhite indicated it would 

benefit Dr. Patel and the rest of Palomino Park with increased rental rates and land value, and it 

would benefit everybody in new developments by sharing the cost with Palomino. He said it 

increases the safety and security of the patients coming into Palomino Park. Councilman Willhite 

thought Council should look at and go through the process of assessing Palomino Park, and whether 

Mr. Edgar believes it is now a reinstatement, it was not a full reinstatement, and it will add value to his 

clients. He felt it was their responsibility to make sure the visitors, patients and residents coming into 

Palomino Park were safe and secure going northbound and, as it has already been said, going 

southbound with trees on eight lanes that could even go higher. Councilman Willhite suggested they 

change the condition from $98,000 to $11,000 for Dr. Patel to pay his proportional share, and they 

continue with the assessment process to see where they can go with it. Councilwoman Gerwig asked 

if that would be separate from this. Councilman Willhite said it would be, but they would go through 

the assessment process, start the engineering study, and find out if they can actually go forward with 

19


it. He stated they could try to add those additional costs onto Palomino Park with the other areas of 

new development surrounding paying their proportional share. Councilman Willhite indicated he was 

okay with the resolution that was before them, other than changing that aspect of it. 

Mayor Margolis asked how many office spaces or doctors there were in the buildings. Mr. Edgar 

stated he did not that answer. He indicated that there was one three-story building and didn’t know the 

number of units, but typically with office condominiums people buy multiple units and combine them 

into one. He indicated the two-story building was owned by Dr. Sharma’s group; however, he didn’t 

know the number of units there either. Mayor Margolis then asked Mr. Edgar if he could get that 

number as it would be appropriate. Councilman Greene indicated it could be $3,000-$4,000 per 

doctor over a five-year period of time, which would be a nominal amount. Mayor Margolis stated that 

was his question because as an ex-pharmaceutical representative he used to call on those offices 

and remembered the doctors were in multiple offices in each building. He said there may be 30 or 40 

office spaces to divide by the number they are seeking, and agreed it might be a few thousand 

dollars. Mr. Edgar stated, in the interest of full disclosure, that Mr. Kurtz said the staff may be willing 

to recommend a five-year payment plan which was presented to the Board and taken under 

consideration. Councilman Greene asked if that was presented prior to the vote in which Dr. Patel 

participated. Mr. Edgar responded that it had been presented afterwards. Councilman Greene 

pointed out that it wasn’t considered by the Board. Mr. Edgar explained it was considered by the 

individual directors as there was no formal meeting, but it was after the vote. Mayor Margolis asked if 

the three members of the Executive Board were Dr. Sharma, Dr. Patel, and the property owner, Ray 

Graziotto. He also asked if the vote was 2-1. Mr. Edgar indicated the vote was 2-0, because Dr. 

Sharma, while his administrator participated via conference call, was not present. Councilwoman 

Gerwig stated you can’t vote unless you’re present. Mr. Edgar noted that directors could not give a 

proxy. Mayor Margolis stated it was 2-0, and if it was 1-1 it would have died. Mr. Edgar also said if it 

was 1-1 it would have died, because there was no majority. 

A motion was made and unanimously passed (5-0) to open the Public Hearing. 

Mayor Margolis called upon Ms. Halperin to speak and indicated she not be given a time limit as she 

represents an applicant. 

1. Ellie Halperin. Ms. Halperin introduced herself and stated she represented the owners of 

Wellington Parc. She noted she didn’t have an application but wanted to go through a bit of 

history as it puts a glitch in the discussion up to this point. She explained Wellington Parc was 

approved in 2006 with the condition they contribute 20% to a traffic signal if it was warranted 

within two years of the last C.O., very similar to what Palomino had. She said at the site plan 

certification, there was a requirement that a culvert crossing be built to Palomino. Ms. Halperin 

indicated at that time, SR7 wasn’t that big and it was a wire signal with a 20/80 split proportionate 

to the trips using that signal. She further explained there were no other parties contributing as 

those were the two parties to benefit from the signal and use the signal. Ms. Halperin stated there 

was no and is no condition on Wellington Parc to contribute anything to the cost of the 

construction of the entryway to Palomino Park; it is not a condition of approval of Wellington Parc. 

She indicated they are required to extend a turn lane to accommodate traffic and meet traffic 

performance standards in the event the signal does not go in so they have a requirement to 

expend funds to accommodate no light. She further stated when Palomino came in for a 

development order amendment, as Mr. Edgar said, unilaterally a benefit was conferred on 

Palomino that Wellington Parc would reimburse them for the cost of construction of the driveway 

and for 27% of the traffic signal with no discussion to Wellington Parc and no condition and no 

opportunity for a condition on Wellington Parc. She indicated the cross-access easement was 

unilaterally executed and triggered by Wellington Parc’s joinder or use, and will not happen 

20


because there is no obligation on Wellington Parc’s part to reimburse them for that expense. Ms. 

Halperin explained the discussions to date have revolved around a potential purchaser of 

Wellington Parc which is the only way at this time a contribution to the traffic signal would be made 

as there is no requirement until a building permit is pulled. She said they have been doing their 

due diligence with the buyer, as the seller, to find out what their financial obligation is going to be, 

with certainty, so there is no blank check. Ms. Halperin noted the only change that had to occur 

for this development order was the phasing, and it was authorized by Wellington’s code to be 

done by the Planning and Zoning Director. She indicated they had discussions and agreed it can 

be an administrative action so that the residential portion can be built before the commercial. She 

noted that it was designed to go the other way, but the residential will be sold first. In connection 

with that, Ms. Halperin said, they had a discussion about the culvert crossing which could not be 

constructed as there is an impossibility of performance because of the benefit Council conferred 

on Palomino. She stated they could not touch Palomino’s property without paying them, and 

Wellington Parc was not willing to do that. Ms. Halperin said that Wellington Parc was willing to 

pay for the culvert crossing as well as to contribute their proportionate share of the traffic signal, 

but they could not be held accountable for conditions that were never imposed on them. 

Wellington Parc will give the Village a letter of credit or cash for 110% of the engineering cost 

estimate of the culvert crossing, and they will give a letter of credit for their proportionate share of 

the traffic signal since Council was doing everything proportionately, but they would not agree to a 

new condition to reimburse Palomino for the cross access. 

Councilman Greene said he was confused and questioned to which portion Wellington Parc was 

willing to contribute. Ms. Halperin indicated it is typically 110% of the certified engineering cost 

estimate for an improvement, which would be the culvert crossing or what Council was calling the 

cross access which they would pay for that. Councilman Greene asked if she meant Wellington Parc 

would pay for the engineering study. Ms. Halperin responded negatively explaining they would pay 

for the cost of construction. She said they would give Wellington the money as they physically could 

not build it without touching Palomino’s property. Councilman Greene indicated the obligation as it 

stands was on Palomino to construct that. Ms. Halperin replied stating no explaining it was Wellington 

Parc’s obligation to construct the culvert crossing to get from Wellington Parc to Palomino, although 

they won’t be able to use the Palomino access. Councilman Greene questioned what the $543,000 

was for. Ms. Halperin said they were informed it was the cost of the driveway of which they wanted a 

proportionate share reimbursed. Councilman Greene asked if they were willing to pay a proportionate 

share of that. Mr. Kurtz stated no they were not willing to pay a proportionate share, but were willing 

to pay 20% of $400,000, approximately $80,000, towards a traffic signal even if they never exercise 

their right to access it through the cross-access easement that has been recorded by Palomino. Ms. 

Halperin said that was correct, but she had a caveat since they kept talking about proportionate share. 

She didn’t know how they were going to disproportionately charge Wellington Parc. Mr. Kurtz 

indicated it was 20% of whatever the number is if that was Ms. Halperin was referring to. Ms. Halperin 

explained they have assessed every other property owner in accordance with trips, and they were 

trying to not assess this property owner similarly, but indicated they were separate issues. She stated 

her client was willing to pay a proportionate share of the light even if they cannot use it. 

Councilman Willhite noted the other aspect he understood Ms. Halperin to say was that Wellington 

Parc would pay to put in the culvert and bridge to Palomino to allow the cross access, but they would 

not pay a portion of the $540,000 and the ongoing maintenance for that entranceway. Ms. Halperin 

clarified Councilman Willhite’s statement and said they will not reimburse the cost of construction. She 

said that she did tell Mr. Edgar her client would agree to pay a proportionate share of the maintenance 

if access was provided at no cost. She said just not a reimbursement of a driveway they had to build. 

Councilman Willhite indicated they have already constructed it, but they just want to tie into it and pay 

to tie into it. Ms. Halperin said they will pay for maintenance. Councilman Willhite stated he meant 

21


they will pay for the culvert to tie into Palomino. Ms. Halperin indicated they are required to build the 

culvert crossing. Councilman Willhite noted it would benefit her client and benefit Wellington because 

they want the cross access, but they just don’t want to pay a portion of the $540,000. Ms. Halperin 

stated that was correct, because the cost was nothing they knew about, it was not a condition of their 

approval, it was imposed unilaterally after their approval, and whatever it includes, and it was not 

something they are responsible to pay. 

Councilman Greene stated that Ms. Halperin clearly recognized the benefit of having access. Ms. 

Halperin indicated she was not a developer, and the developer looking at the property was fine 

without the access. Councilman Greene asked how many condos there were in the development. 

Ms. Halperin responded stating there would be 92 townhomes and approximately 32,000 sq. ft. of 

commercial. Councilman Greene wondered if it was her belief that 92 residents wouldn’t feel there 

was value to a stop light giving them northbound access on 441. She stated her opinion didn’t matter 

as it was what the potential buyer is willing to do. Ms. Halperin reiterated they needed certainty 

otherwise the project won’t move forward and there will be no contribution to the light. 

Councilwoman Gerwig indicated Council was not imposing it at this point because it was still an 

underlying condition. She also indicated she didn’t know why they were imposing it on Dr. Patel. She 

said when Wellington Parc comes forward it will be a whole other discussion. Ms. Halperin stated 

they wouldn’t be coming forward because there was nothing they needed to come forward with. 

Councilwoman Gerwig asked if they needed to build the bridge. Ms. Halperin indicated she was 

looking for certainty and if they pay for the culvert crossing but cannot construct it because of the 

impossibility of performance, the condition would be satisfied with no additional cost to this project. 

Vice Mayor Coates indicated it really wasn’t an impossibility of performance as it could be built and 

they could connect, but Ms. Halperin was saying her client didn’t want to pay for the use. He stated 

they want the benefit of the cross access and potentially the benefit of the light, but they don’t want to 

pay for the cost of the original construction. Ms. Halperin clarified by stating they don’t want to pay for 

the cost of construction, but they will pay for maintenance and they are fine without the benefit of it; 

however, they have a condition to build it. Councilman Willhite noted Palomino was not obligated to 

pay for the light, but Wellington wants them to so unless Council goes through the assessment 

process, it is the same aspect as Wellington Parc was not obligated to pay for the entranceway into 

Palomino even though it may benefit them. Vice Mayor Coates stated who came up with the 

requirement on Palomino expected them to pay for it. Ms. Halperin said it was done unilaterally. Vice 

Mayor Coates noted if Wellington Parc comes before Council requiring any type of development order 

approval, they will have the power to impose that requirement and it will no longer be unilateral. Mr. 

Kurtz confirmed Council had the power to do that. Vice Mayor Coates further stated they had the 

power to require Wellington Parc to use the cross access easement. Councilman Willhite indicated 

they couldn’t make a condition to reimburse Palomino for the construction of it. Vice Mayor Coates 

said that wasn’t their problem as it was in the easement. Councilman Willhite understood stating they 

could impose they use the cross access, but couldn’t impose they reimburse Palomino for the 

construction of it. 

Mr. Kurtz reminded everyone that Wellington Parc had an obligation to contribute to a light that was 

going to be across from the Palomino entrance, but why would one impose that condition and accept 

that condition if they were not anticipating having access. He thought that perhaps there was a failure 

in draftsmanship or staff didn’t set forth what was implied, but why would one pay 20% of the cost of a 

light they would never have access to. Ms. Halperin said there was an anticipation of course that it 

would be used, but not that they would have to pay for it. She said connectivity is a requirement 

throughout the County and throughout different municipalities, but connectivity cross-access 

agreements don’t necessitate payment. 

22


Mayor Margolis indicated he knew Mr. Schofield’s staff had been meeting with both attorneys and Mr. 

Kurtz, and understood there had been negotiations. He said it somewhat concerned him when they 

were saying maybe the staff should have done this or done that, and maybe it was implied, but those 

implications or discussions were really not at the staff level as they were now at a Council level. 

Mayor Margolis suggested Council continue to work with the applicants, Ms. Halperin, and Mr. Edgar, 

and come back with a summary as to what has been happening because he felt their discussion could 

go on for many hours. Mayor Margolis asked if that was okay with the attorneys. Ms. Halperin stated 

if this wasn’t resolved shortly, if not tonight, there would be no contribution from this property to the 

traffic signal. Mayor Margolis asked Council if they could give Ms. Halperin some confidence that this 

could be resolved within 48 hours and if they had the availability to do that. Mr. Schofield stated there 

were several issues. He indicated the Master Plan Amendment for Palomino Park was is in front of 

them which was the application they were considering. He said Wellington Parc was going to request 

a site plan amendment which does not ordinarily come to Council, and there have been a significant 

number of discussions about what conditions were opposed. Mr. Schofield noted they should not 

apply to any development order a condition on a third party who is not a part of the application. He 

indicated Wellington Parc at some point will be in asking for a change in the phasing to allow the 

residential component, and they are aware of the conditions the Village intends to ask for which 

include funding of the light and funding of the cross access. He stated there has been discussion 

about cross access benefits both ways, and it was his understanding Wellington Parc is willing to pay 

ongoing maintenance. He said that the real issue was the cost of construction of what is there now, 

as both developments will function just fine without the cross access. Mr. Schofield stated it was the 

SR7 Corridor Study that was done in conjunction with the surrounding municipalities, Palm Beach 

County and the Department of Transportation that required the cross connectivity. Mayor Margolis 

indicated this wasn’t the first time they had this type of discussion on this subject. Mr. Schofield 

agreed that it was not. 

Councilwoman Gerwig questioned if Ms. Halperin’s client was willing to build the bridge or culvert to 

the property and not pay for the driveway past that. Ms. Halperin stated they physically could not 

construct it without touching Palomino’s property, which would require paying them so they are willing 

to give the Village the money required to construct the culvert crossing. 

Councilman Willhite asked what the difference was between Wellington Parc’s 20% that was originally 

agreed on for the traffic light versus what their estimated trip count is now. Ms. Troutman indicated 

their estimated trip count based on the approved plan was around 11%, but their condition today says 

20%. Councilman Willhite then questioned Mr. Edgar about his statement indicating it was different 

occupants, owners, etc., and how could Council force them to pay a portion of the light now. He said if 

everyone has changed who would get the money if they force Wellington Parc to reimburse them for a 

portion of the $540,000. Mr. Edgar stated there was an agreement between the POA and the 

developer that the developer would be reimbursed that share of his cost. Councilman Willhite pointed 

out the developer would have a windfall if this happened, yet he was not willing to pay for the traffic 

light. Mr. Edgar said it was part of the deal back in 2009, and was one of the reasons they agreed to 

the cross access which had never been a part of the original development approval, but it came in the 

back door because they asked for increased medical. He said at that point, they agreed, but said 

there needed to be a sharing of maintenance expenses and a reimbursement of costs for the road, 

because there is a benefit to that road having been built. He noted they were not asking for the whole 

$400,000, but for a proportionate share based upon trips and actual usage of the road. Councilman 

Willhite indicated they were less than 27% and probably down to 11%. Mr. Edgar stated whatever it 

is, it is. Vice Mayor Coates noted that was the trips between the two properties. Councilman Willhite 

reiterated it was less now. Mr. Edgar thought the 11% included the charter school and all the others. 

Councilwoman Gerwig understood the trips would be established afterwards. Mr. Edgar indicated it 

23


was up to the Village Engineer to determine the trips. Councilman Willhite understood the aspect of 

Wellington Parc not wanting to pay for the $453,000 as Palomino Park has been doing business for 

years, but he thought it was a windfall if Wellington Parc agrees to pay half of Palomino’s 

maintenance. Mr. Edgar stated he took a modest exception to sharing the maintenance as being a 

windfall because there will be more wear and tear on the road, adjacent landscaping, use of street 

lighting, etc.. He didn’t think it was a windfall, but was only being fair. Councilman Willhite indicated it 

would help to cover some of that. Mr. Edgar said it would help of course, but pointed out there is an 

increase in the expense as well. He then pointed out that wasn’t the issue as Wellington Parc was 

agreeable to that part of it, but indicated Palomino was willing to talk about the number in terms of the 

construction cost. 

Councilman Greene attempted to give Ms. Halperin and her client some peace of mind because she 

was concerned about a “blank check.” He indicated they knew the hard costs for the cross access 

and the agreed to maintenance costs. He also noted if the parties were to come together, he didn’t 

think it was going to happen in 48 hours. Councilman Greene stated the worst case scenario could 

possibly be half the costs, but that he wasn’t speaking for Council. Ms. Halperin said that would make 

the property unmarketable. Councilman Greene then stated he would leave it at that for staff to figure 

out. He explained he was trying to give a worst case scenario if all parties did agree to cover those 

expenses and thought her client wouldn’t be responsible for anything more than 50%. Ms. Halperin 

indicated her client also had to build the bridge and extend the turn lane if the traffic signal didn’t go in. 

Councilman Greene noted the traffic signal would be going in so that expense would be reduced. Ms. 

Halperin pointed out the condition wasn’t written that way. Mayor Margolis thought they had multiple 

discussions with the Village regarding this issue. Ms. Halperin indicated they had come to different 

terms. Mayor Margolis said it would come back before Council. 



Mayor Margolis asked Mr. Schofield about the 48 hours. He said he knew they had many hours of 

discussion about this and was wondering if Mr. Schofield had some time the next day. Mr. Schofield 

indicated he would make time for both applicants. He explained where Council and the Village were 

at the moment. He said they have the application for Wellington Parc’s expansion; they have the 

County asking that Wellington impose the $98,000, and they have the applicant saying they won’t 

agree to that, but will agree to basically $11,000. Mr. Schofield noted he wasn’t sure if he understood 

why the condition states the engineer is responsible for proportionate costs or why 5 is different than it 

was and 9 was stricken. He said he was staying with his recommendation to Council that they amend 

condition 6, so $98,000 is substituted with $11,000 in both places, and move forward. Mr. Schofield 

explained they had yet to see the application from Wellington Parc, and if they didn’t close on it, the 

signal wouldn’t get funded, but they don’t have it anyway. He said the conditions as presented to the 

applicant and the discussions with Wellington Parc provide some measure of equity and means of 

actually getting the traffic light, but the traffic light discussion doesn’t go away because they will have 

it again with the charter school shortly. Mr. Schofield reiterated Council goes through with his 

recommendation and then direct staff to do the rest to get the light in place. 

Councilman Willhite confirmed with Mr. Schofield that the changes would be made to 6 and 6B. Mr. 

Kurtz wanted it clear for the record and asked if his recommendation was to leave 9 intact or to have 9 

redacted and substitute it with 5. Councilman Willhite stated 9 was stricken. Mr. Kurtz also wanted 

everyone to understand that even if they reduced the $98,000 down to $11,000, but left Section 5 as it 

is drafted and take out 9 as it is drafted, the POA will not accept the condition and Dr. Patel will not 

move forward with his development. Councilwoman Gerwig asked if he was suggesting they take out 

5 and put back in 9. Mr. Kurtz stated he wasn’t making a suggestion, but wanted Council to 

24


understand the position of the POA. Councilman Willhite thought Mr. Kurtz was making an assertion 

and counting the votes, but Dr. Patel was one of those votes. He said the POA attorney represented 

they may not agree to it, but it didn’t mean 2 of the 3 votes wouldn’t. Mr. Kurtz understood and 

reiterated he was explaining the current position of the POA if condition 5 remained and 9 was 

stricken as they will not accept the conditions, they will not have the new cross access easement, and 

Dr. Patel’s development will not move forward. 

Councilwoman Gerwig said if they go back to 9, it states - the property owner to the south shall be 

required to enter into an agreement to reimburse… - and Wellington doesn’t have the ability to make 

the property owner to south do that. Mr. Kurtz said it read as: The property owner to the south shall 

be entirely responsible for the cost of a cross access easement. Mr. Edgar noted that meant the 

bridge. Councilwoman Gerwig stated, no because she was reading it as: The property owner to the 

south shall be entirely responsible for the cost of construction of the cross access to the property to 

the south. The property owner to the south shall be required to enter into an agreement to reimburse 

this petitioner for the proportional share of the cost of ongoing maintenance obligations and cross 

access. Councilwoman Gerwig didn’t see how they could impose that on the property to the south, 

when they know the property to the south doesn’t have to come back to them. Mr. Kurtz indicated 

that was the current condition as it read right now and Council was not imposing it upon them as there 

was no requirement that the property owner to the south accept that. 

Mr. Schofield asked Mr. Edgar if it would resolve his issues if the word “new” was stricken from 

condition 5 because it was his understanding they had an existing easement and didn’t want to record 

a new one. Mr. Edgar noted his client’s position was that the existing easement speaks for itself and 

neither 5 nor 9 were required. Vice Mayor Coates indicated 9 was already there. Mr. Edgar stated 9 

was in the September 11, 2012 version of the ordinance which he hadn’t seen until that day. Mr. 

Schofield said they could strike the part that states furthermore the property owners shall be 

required…He said the reimbursement provisions for the traffic light are in condition 6. He said that 

they could strike 9 from furthermore to the end. Mr. Edgar explained their concern with 9 was the first 

sentence states they build a bridge and the second sentence states they have to enter into an 

agreement with them so Wellington was imposing an agreement to agree that only speaks to 

maintenance. He further explained the third sentence states they share the cost of construction and 

asked they share what cost of construction as it wasn’t clear. Mr. Schofield said it says shall be 

determined by the Village Engineer. Mr. Edgar wondered if it was to share in the cost of constructing 

the entryway, because they were already paying 100% of the bridge. Mr. Kurtz asked Mr. Stillings if 

that was the existing condition with respect to the 2010 order. Councilman Willhite said he was sorry 

that Mr. Edgar didn’t see condition 9, but it was there and it was not something new. Councilwoman 

Gerwig stated they wouldn’t have to condition it again. 


unanimously passed (5-0) to approve Resolution R2012-11 with an amendment to 6 and 6B 

changing $98,879 to $11,016. 

C. ORDINANCE NO. 2012-10 (WELLINGTON CHARTER SCHOOL COMPREHENSIVE 

PLAN AMENDMENT): AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, TO 

AMEND CONDITIONS OF THE COMMUNITY COMMERCIAL FUTURE LAND USE MAP 

DESIGNATION FOR CERTAIN PROPERTY KNOWN AS WELLINGTON CHARTER 

SCHOOL (FKA WELLINGTON DESIGN CENTER), TOTALING 8.35 ACRES, MORE OR 

LESS, LOCATED APPROXIMATELY ONE MILE SOUTH OF FOREST HILL BOULEVARD 

ON THE EAST SIDE OF STATE ROAD 7, AS MORE SPECIFICALLY DESCRIBED 

HEREIN; AMENDING THE USE CONDITIONS TO ALLOW A 1,200 STUDENT PRIVATE 

SCHOOL FOR GRADES K–8 TOTALING 75,000 SQUARE FEET AND 15,000 SQUARE 

25


FEET DAY CARE CENTER; PROVIDING A CONFLICTS CLAUSE AND A 

SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. 

Mr. Flinchum presented the staff report. He indicated he had a quick overview and stated they could 

combine items 7C and 7D. Mayor Margolis said they had talked about that, but it would have to be a 

separate vote. Mr. Schofield asked if the applicant had to agree to combine hearings for separate 

motions. Mr. Kurtz stated the issue would be combining a quasi-judicial hearing with another hearing, 

and they would need disclosure with respect to item 7D. Council consensus was to keep the agenda 

items separate. 

Mr. Flinchum stated the presentation was with the understanding that the daycare use is now back in, 

but they have to file a subsequent conditional use application which will come back to Council. He 

believed they filed a conditional use for the daycare master plan and site plan that was going to the 

October 24 th DRC Meeting so Council will see it in a couple months. 

Councilman Willhite questioned the title of the ordinance as it gives the number of students for the 

charter school, but not the daycare; however, it mentioned it later in the reference. He asked if there 

was a reason why they put the number of students for the charter school in the title of the ordinance. 

Mr. Kurtz explained that was the way it was advertised and it was not necessary to include that as a 

matter of law, but it certainly adequately represents what the issues are. Councilman Willhite stated 

he understood, but wondered what would be the case if the number of students changed for some 

reason or if it related to trip counts. Ms. Troutman responded stating the traffic was generated for the 

charter school based on number of students and for the daycare based on the square footage which 

was why it was stated that way. Vice Mayor Coates said he wanted the 12,000 to remain in the title 

because he had been pushing to make sure the traffic reflected that size school. Councilman Greene 

thought the daycare was 201 students. Councilwoman Gerwig stated she had that number written 

down as well. Councilman Willhite indicated page 347 stated 200 children. Mr. Flinchum indicated 

Mr. John Schmidt, the applicant’s agent, had a PowerPoint presentation and could address any 

questions. 

Mr. John Schmidt introduced himself and stated he was the agent for the applicant. He indicated they 

had been in front of Council several times. He told them he had a brief presentation and wanted to 

introduce the people who were with him to answer any technical questions: Pam Butler from MG3, 

representing the charter school; Al Duncan and Jim Fleschman, did their market study; and Teresa 

Nations with Bright Horizons, the daycare. Mr. Schmidt said Ms. Nations had a brief presentation to 

introduce Bright Horizons and then they would answer any questions that Council had. He stated 

they were in agreement with the conditions of approval, and thought their current contribution was 

about $171,000. He indicated it would be a first reading for those conditions of approval, and they 

would be back next month for any final condition modifications as the other petitions were working out 

the items. 

Councilman Willhite asked if there already was a cross access agreement with the property owner to 

the south. Mr. Schmidt stated that was correct. Councilman Willhite and Mr. Schmidt agreed it was 

for regular vehicular traffic and not busses. 

Ms. Teresa Nations introduced herself and indicated she worked for Bright Horizons. She stated her 

position was to help them grow across the nation and that they had been targeting Wellington for 

about three years. In doing so, she said, they have done extensive research and market surveys 

including looking at the competition, employee counts, and growth, and felt there is a need with the 

26


current and upcoming growth in Wellington for another childcare early education center. She thought 

all Council members had seen the PowerPoint that was e-mailed or given to them in a hard copy, so 

she wasn’t going to go through all the details. Ms. Nations explained they had been around for about 

25 years and were one of Fortune’s 100 Best Companies to work for. They have 20 Bright Horizon 

employees who live and vote in Wellington, and who are all in support of them being here. She stated 

they would create 34 jobs in Wellington and the opportunity for their employees who live here to work 

closer to home. Because of where the site is located, she said they didn’t feel they would be drawing 

from the internal Village of Wellington, but more of the employee base within a three-mile radius of the 

SR7 site. She further explained they currently operate a childcare center and charter school for JFK 

and are talking to Wellington Regional and Palms West to see how they can accommodate their 

employee childcare early education needs. She noted Bright Horizons has 27 programs in Florida 

and around 750 +/- centers across the United States. Ms. Nations also said they have an extensive 

support system in Florida. She indicated their Director of Education for the entire company, who has 

been with them for 20 years, is a Wellington resident and voter and her family lives in the community. 

She noted their Director of Education was out of the country today and was not able to attend, but Ms. 

Nations thought she had met with most of the Council members. She further stated they have 

regional managers in support, marketing coordinators, facilities managers, and IT support all in 

Florida. Ms. Nations mentioned she wasn’t going to go through all the demographics, but basically 

that they indicated that Wellington is growing. The child count from 0 to 4 is growing from 2011 to 

2016. The housing units are growing and the family households are growing, so there is growth from 

2011 to 2016. She indicated this center, if approved, would hopefully open in the fall of 2013, which 

was very critical for them. She stated it was natural in their business that they don’t open on day one 

at full capacity as it takes 3 to 4 years to get to 85% capacity. She knew there has been a bit of talk 

about some of the local providers who are not at full capacity. Even across the nation, she explained, 

their centers operate at about 85% capacity due to natural attrition, children leaving going to 

kindergarten, families moving in and out, summers and vacations, etc., so it is normal for a center to 

not operate at 100% capacity. Even with that, she said they base their budget on 85% and growing 

into that over 3 to 4 years. Ms. Nations then reviewed the last PowerPoint stating it was a quick 

overview of the demographics. 

Councilman Greene asked if they had any data from Bethesda Hospital since they were building the 

new hospital in Boynton Beach on 441. He didn’t know if they drew from the Wellington area from an 

employee standpoint or if they were able to share any data with her. Ms. Nations indicated they have 

not spoken with them yet, but they do have a specific client services person whose job it is to reach 

out to all the businesses within a certain radius when a new center is opened. She said that because 

of their relationship with JFK, they operate a child development center and a charter school for them, 

so they plan to target the hospitals first and leverage that relationship with them. Mayor Margolis 

stated that Bethesda was planned to open in January. 



Vice Mayor Coates called on members of the public who wish to speak. 

1. Dan Osborne, 321 Croton Way, West Palm Beach. Mr. Osborne introduced himself and stated he 

was the President of the Florida Association of Preschool Owners as well as a Director in Palm 

Beach County for Preschool Owners, and he owns Academy of Little Learners here on Wellington 

Trace. He stated he pulled the addition for the 15,000 sq. ft. childcare facility, and wanted to give 

some dynamics as to what was going on. He indicated he was very well aware of what was 

happening in the local preschool industry as he was in touch with all the local providers and knows 

they would dream to be at 85% enrollment capacity right now. He explained what was happening 

27


in the preschool industry. He explained it is a trickledown effect with three charter schools 

opening in the last couple years in the Wellington area and two other big preschools opened last 

year, Home Away From Home and Goddard which is another big chain like Bright Horizons. Mr. 

Osborne stated there has been a tremendous amount of capacity coming into Wellington in the 

last few years. He stated Wellington is known for having some of the highest quality preschools in 

Palm Beach County, and the only way to keep their quality preschools is to keep the enrollment at 

a certain level to keep the schools viable. He said they all knew the preschools right in this area, 

but on the outskirts of Wellington, just beyond where the proposed preschool was going, there are 

at least 2 or 3 other big box preschools going in. Mr. Osborne didn’t believe they could maintain 

quality childcare for their kids if they can’t operate at a certain capacity. He stated the charter 

schools come in and take kids from the public schools and the public schools are starting the VPK 

program for 4-year-olds and taking their 4-year-olds. He indicated the Office of Early Learning in 

Tallahassee has a proposal to defund subsidized care for aftercare and summer camp programs. 

Mr. Osborne said they were facing some serious issues to maintain quality schools and maintain 

their enrollment here in Wellington. He asked Council to seriously consider this as they don’t need 

the excess capacity. 

2. Robin Herskowitz, Exotica Lane, Wellington. Ms. Herskowitz stated she has been a Bright 

Horizon’s employee for five years and in childcare for over 30 years. She has seen all kinds of 

childcare centers and has been involved with the preschools, but Bright Horizons gives quality 

care and is one of the top 100 places to work. She stated she loves living in Wellington and loves 

working for Bright Horizons. She said she now had an hour commute everyday each way so that 

she can live in beautiful Wellington and work for a wonderful company. 

3. Jennifer Russell, 14481 Larkspur Lane. Ms. Russell stated she was there to represent The Little 

Place and The Little Place Too Preschools. She said earlier her and Susan Russell had e-mailed 

most of the people there, if not all members of Council, regarding the economic concerns they 

have about the schools already in the area mentioned as by Mr. Osborne. Ms. Russell wanted to 

make it clear she was only talking about the 15,000 sq. ft. daycare and not the rest of the charter 

school. She stated she wanted to bring some statistics to their attention that slightly differed 

slightly from those presented by Bright Horizons noting she had an article stating and supporting 

some of the statistics. According to a local newspaper report on April 25, 2012, the births in Palm 

Beach County have declined every year since 2007 and will begin to impact the number of 

kindergarten students entering school beginning next year. Referring to the two new preschools 

that opened recently, she wondered how many times they could divide their population as it wasn’t 

something she could see working. She stated working at 85% in today’s economy would be ideal, 

but with all these schools that was not exactly happening. Ms. Russell said the area was already 

oversaturated with 15 functioning preschools and/or public schools that provide the VPK program. 

Ms. Russell indicated Wellington has been named one of the top 100 places to live, but they could 

only continue to protect this reputation by protecting the businesses that are already here. She 

said Wellington was built on the vision of a contained community where everything is supposed to 

be regulated with support for each other. The Little Place has been in this community since 1978 

and has watched everything develop around them noting that children of her generation all went to 

school, church and played together. The vision of Wellington has always been that of a business 

friendly, family-oriented community with controlled development which it was founded on. Ms. 

Russell said that Bright Horizons indicated they were going to pull from the local hospitals, but 

pointed out that the preschools that are here already accommodate the employees who work 

there so she didn’t know why their data was saying they would be accommodating those children. 

Vice Mayor Coates read the remaining comment cards from the public who did not wish to speak. 

1. Jennifer Chipley, 14100 Tecoma Drive, Wellington. Ms. Chipley indicated she supported the issue 

and has lived in Wellington since 1984. She believed in Wellington and in the company she works 

28


for, Bright Horizons. She said she was imploring Council to consider adding a Bright Horizons 

Childcare facility as a mother of a 9-month-old, resident and employee. 

2. Sharon Melnick, 4353 Wellington Shores Dr., Wellington. Ms. Melnick indicated she supported 

the land use change to allow the building of a Bright Horizons children’s center. She has worked 

at JFK Medical Center Charter School, a Bright Horizons Center, for 10 years. She noted Bright 

Horizons provides quality childcare and is a wonderful place to work. Since she lives in 

Wellington, she would love the chance to work closer to home if the opportunity was available. 

3. Christina Prazak, 12148 Sycamore Lane, Wellington. Ms. Prazak said she would love to see a 

Bright Horizons Center open closer to her house as she has a daughter in kindergarten. She 

moved to Wellington last year and would like to have a job closer to home so that she cans spend 

more time with her family. 

4. Joseph Manning, 1738 12 th Fairway. He indicated his support for the project. 

5. Marc Melnick, 4353 Wellington Shores Dr., Wellington. He supported the issue as quality 

childcare is a priority to any community and serves the growing younger community, plus it 

creates jobs. 

6. Joann Hayden, 13770 Chatsworth Village, Wellington. She supports a child’s school in 

Wellington. She noted Bright Horizons is an accredited charter school with accredited teachers, 

and there is only one accredited preschool in the area. 



Councilman Willhite stated in full disclosure, he now has one child, but had two children, who attend 

daycare. He stated his kids go to Home Away From Home. He said he was interested in some of the 

concerns raised by the other business owners, and spoke to the owner of Home Away From Home to 

specifically ask her about this. He said that he told her the market will drive what the need is. 

Councilman Willhite said her response was it is competition and if you offer a good business, your 

business will prosper. Councilman Willhite indicated she had no problem with it, and he said that 

specifically because her business was referenced by someone at this meeting. He thought the 

proposed childcare facility offered something to our growing community at the 441 corridor. He 

indicated Wellington Hospital just did a large expansion, and Council just approved a year or so ago a 

large rental housing complex behind the mall. He said that whether or not child growth and births are 

declining in this County, he believed Wellington is still growing. He felt the daycare and school will 

capture residents living outside Wellington and commuting on the 441 corridor. Councilman Willhite 

said he didn’t have a problem adding the daycare into the aspect and was only questioning the 

number of students because it was already referenced there. He said that his thought was, and his 

question to the application was, if the market analysis showed that this daycare will support the 

charter school as well because they were in close proximity. He thought the possibility was they would 

because they were on the same property, and with consistency, etc. Councilman Willhite thought 

they will help each other succeed in this area. He said that he was aware there is concern over 

competing businesses, but the market analysis was showing them it is needed. He said that his 

concerns on this were specifically the trip count, the traffic, and the traffic light, but all those concerns 

met the safety requirements for accessing in and out of the school area. He said that he had no 

problem with adding the on-site daycare to the charter school property. He said he would support the 

ordinance. 

Councilwoman Gerwig stated she wanted to address the neighborhood daycares. She indicated her 

21-year-old daughter went to Little Learners a long time ago and it was an excellent facility. She has 

visited and did literacy day there last year. She said she personally always wanted her children closer 

to home and wouldn’t seek out a location on 441unless she was already going there. Councilwoman 

Gerwig stated she likes their neighborhood schools, and supports the local daycares, but she saw this 

29


as apples and oranges approach as she thought the daycare located on the 441 corridor would draw 

from a lot of different areas rather than from the neighborhood schools. She said that having been a 

mom with preschoolers, she has gone to almost every daycare in Wellington picking up friend’s 

children, and she thought Little Learners would have been considered a big box at that time because 

it was one of the bigger daycares when her daughter went there. Councilwoman Gerwig stated 

Wellington has excellent facilities, but she sees Bright Horizons flexing their schedules and working 

with the 12-hour shifts which she knows are difficult for a neighborhood preschool. She indicated she 

was going to support this because of those things, and she thought it was really going to support the 

businesses along that corridor. She also agreed with the charter school and preschool working 

together. She felt that they will capture another part because it’s all on-site. She stated she could see 

how this could work for different people in different ways. 


unanimously passed (5-0) approving Ordinance No. 2012-10 (Wellington Charter School 

Comprehensive Plan Amendment) as presented on First Reading. 

D. ORDINANCE NO. 2012-11 (WELLINGTON CHARTER SCHOOL DEVELOPMENT ORDER 

AMENDMENT): AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, 

APPROVING A DEVELOPMENT ORDER AMENDMENT TO AMEND CONDITIONS OF 

THE APPROVED ZONING FOR CERTAIN PROPERTY KNOWN AS WELLINGTON 

CHARTER SCHOOL (FKA WELLINGTON DESIGN CENTER), TOTALING 8.35 ACRES, 

MORE OR LESS, LOCATED APPROXIMATELY ONE MILE SOUTH OF FOREST HILL 

BOULEVARD ON THE EAST SIDE OF STATE ROAD 7, AS MORE SPECIFICALLY 

DESCRIBED HEREIN, TO ALLOW A 1,200 STUDENT GRADES K–8 PRIVATE SCHOOL 

TOTALING 75,000 SQUARE FEET AND 15,000 SQUARE FEET DAY CARE CENTER; 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND 


Mr. Schofield introduced the agenda item. Ms. Rodriguez read the ordinance by title. 

Mr. Kurtz indicated this was a quasi-judicial matter and asked Council to disclose their ex-parte 

communications at this point. 


Councilman Greene: Councilman Greene disclosed that he met with Mr. Sluggett, Mr. Schmidt, 

other representatives for the charter school, and staff. 

Councilman Willhite: Councilman Willhite disclosed he met with staff, Mr. Sluggett, Mr. Schmidt, 

and the representative for Bright Horizons and the charter school. 

Mayor Margolis: Mayor Margolis disclosed he met with Mr. Sluggett, Mr. Schmidt, the representative 

for the daycare and charter school, and staff. 

Vice Mayor Coates: Vice Mayor Coates disclosed he met with Mr. Sluggett, Mr. Schmidt, the 

representative for the daycare and charter school, and staff. 

Councilwoman Gerwig: Councilwoman Gerwig disclosed she met with Mr. Sluggett, Mr. Schmidt, 

the representative for the daycare and charter school, and staff. 

30


John Schmidt introduced himself as the applicant’s agent. He indicated they were in agreement with 

the conditions of approval and hoped for Council’s support this evening. 



There being no public comments, a motion was made by Vice Mayor Coates, seconded by 

Councilman Greene, and unanimously passed (5-0) to close the Public Hearing. 

Councilman Willhite questioned the traffic light. Councilwoman Gerwig asked if the traffic light was a 

condition on this item. Mr. Schofield stated it was $171,000, and they have agreed to pay it. Mr. 

Schmidt indicated it was condition 3. 


unanimously passed (5-0) approving Ordinance No. 2012-11 (Wellington Charter School 

Development Order Amendment) as presented. 

Mr. Kurtz indicated the second reading would come back to Council at the second meeting in 

November. Mr. Schofield noted there was a 30-day appeal period on the comprehensive plan that 

had to expire. 

E. ORDINANCE NO. 2012-22 (COUNCIL EXPENSE ALLOWANCE): AN ORDINANCE OF 

WELLINGTON, FLORIDA'S COUNCIL AMENDING CHAPTER 2 “ADMINISTRATION”, 

ARTICLE II “COUNCIL”, SECTION 2-43 “EXPENSE ALLOWANCE OF COUNCIL 

MEMBERS EFFECTIVE APRIL 1, 2004” TO CLARIFY AND GIVE EFFECT TO THE 

INTENT OF THE ORIGINAL ORDINANCE WHICH WAS TO TREAT THE “EXPENSE 

ALLOWANCE” AS REGULAR INCOME AND TO MAKE SUCH TREATMENT 

RETROACTIVE TO APRIL 1, 2004; PROVIDING FOR THE REPEAL OF ORDINANCES 

IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND INTERPRETATION; 

PROVIDING FOR AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. 

Mr. Schofield introduced the next agenda item. Ms. Rodriguez read the ordinance by title. 

Mr. Schofield explained current Council compensation levels were established by ordinance in 

December 2003 and became effective in April 2004. He indicated there was absolutely no change in 

Council compensation being proposed by this ordinance. He stated in front of them was the original 

intent of the ordinance on how their compensation was treated, and now it is treated as taxable 

income as it appears on their W-2 Forms because Council are employees of the Village. Mr. 

Schofield further explained that when they originally adopted the ordinance, the Village had its own 

pension system which since has been converted to the Florida Retirement System, but in its original 

implementation compensation was clearly intended to be treated as money that was subject to a 

pension contribution. He said two things had changed: One was dealing with the Florida Retirement 

System differently than they were currently, and second was the recent opinion from the Commission 

on Ethics dealing with a similar expense allowance in the City of Boynton Beach where it was not 

treated specifically as salary. Mr. Schofield indicated there were some problems associated with the 

ordinance so this ordinance is designed to establish that Council’s compensation is being treated as 

salary to make it consistent with the FRS guidelines as well as make it consistent with the change in 

rules from the Commission on Ethics. He stated it doesn’t change their compensation, and it would 

still appear in two parts. Mr. Schofield said staff was recommending Council adopt this change and 

that funding was available to do this. 

31


Vice Mayor Coates asked what the necessity was to reporting it in two categories, because what they 

were really saying is it should be treated as one. Mr. Schofield stated that’s just the way it was 

adopted. Mr. Kurtz indicated it was adopted in accordance with all the requirements associated with 

the salary or an increase in compensation under the Charter back in 2004. He stated those 

requirements include that the addition not be effective until the next election so that was why it didn’t 

become effective until April 2004 when it was passed in late 2003/early 2004. He said the rationale 

for keeping it in that direction was not to open up an argument that it should not go back to that same 

time period and relate to that time period and the Charter requirement associated with it. Vice Mayor 

Coates questioned if that was the problem that precipitated this to begin with as some of the 

compensation was recorded as an expense, which was the issue the ethics opinion had with Boynton 

Beach. Mr. Schofield stated they always have the option of looking at it as an expense or treating it 

as salary as there is a form, but they treat it as salary. Vice Mayor Coates understood, but wondered 

how it was recorded now. Mr. Kurtz indicated it was recorded on their W-2 as it is income, which is 

the way it has been treated for all Council in Wellington since the beginning. He explained the issue 

in Boynton Beach was that their compensation was labeled an expense account, and unless their 

Council provided expense reimbursements and receipts, they had to return the monies not covered, 

so there was a suggestion by the Commission on Ethics that’s not binding in any way. Vice Mayor 

Coates said he understood and asked if they were still going to have part of their compensation 

tabbed as expense. Mr. Kurtz said it would be called a salary additive. Vice Mayor Coates thought 

that was what should be cleaned up. Mr. Kurtz indicated that was what this ordinance does. Mr. 

Schofield noted they were specifically designating it as salary. Vice Mayor Coates stated it was now 

salary and salary additive as opposed to salary and expense previously. Mr. Schofield stated that 

was correct. Vice Mayor Coates questioned how salary additive was different than salary, because 

he didn’t see why it wasn’t one category. Mr. Kurtz stated the ordinance was originally passed in 

compliance with the requirement of the charter that in order for Council to have a compensation 

increase or salary increase, it could not be effective until the next election of Council. He also 

reiterated he did not want to open this up to an argument that this is something different and 

something new, and it would not be applied retroactively to the time period when the ordinance was 

passed. Vice Mayor Coates stated he understood, but by combining them he thought the argument 

could be made that it’s an increase in the salary component as opposed to the component they were 

now calling salary additive. Mr. Schofield indicated it was all treated the same. 

Councilwoman Gerwig recalled what Mark Miles had proposed and stated it was costing quite a bit of 

money to do this job. She understood $300 a month was their salary, $500 was their car expense, 

and Mayor Margolis received an extra $42. She said the idea was the same as it still costs them that 

much to do this job, and most Council members could do it or not do it as there was not much 

difference. She said she wanted to think that somebody could do this job without it costing them since 

it is a great thing to do, and she thought that was what Mr. Miles was proposing at the time. She said 

she loves public service and would do it regardless, but thought someone should still be able to serve 

without it costing them. Mr. Schofield indicated, at $800 a month for Council people and $842 for 

Mayor Margolis, they were not overpaid. Mr. Kurtz added it was the eighth year in a row without a 

Council raise. Mr. Schofield noted they specifically did not want to label it as a salary increase. 

Mayor Margolis stated he just came to Council with Vice Mayor Miles at the time when they were 

talking about the issue of expenses. 



There being no public comments, a motion was made by Councilman Willhite, seconded by 

Vice Mayor Coates, and unanimously passed (5-0) to close the Public Hearing. 

32



unanimously passed (5-0) approving Ordinance No. 2012-22 (Council Expense Allowance) as 

presented on Second Reading. 


A. RESOLUTION NO. R2012-59 (EDWARD BYRNE JUSTICE ASSISTANCE GRANT): A 

RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL ACCEPTING THE EDWARD 

BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUNDS; AND PROVIDING AN 


Mr. Schofield introduced the agenda item. Ms. Rodriguez read the resolution by title. Mr. Schofield 

explained the Village was getting a grant for $10,147 to carry out a public safety activity with no local 

match required. He indicated it was not actually a public hearing, but in order to receive this grant, 

they were required to provide the opportunity for public comment. 

Vice Mayor Coates stated no public comment cards were received for this agenda item. 

Councilman Willhite asked Mr. Schofield if they had identified anything of interest for this grant as they 

have done in past years. Mr. Bonde indicated the staff was proposing to purchase security cameras 

as a crime deterrent both in solving crimes and providing public safety in public locations, parks, this 

facility and others. Councilwoman Gerwig asked if any other money was being added to the grant 

amount for the cameras or if the grant would fund it all. Mr. Bonde stated they had a small budget for 

security that had already been approved by Council, and the grant would supplement it significantly in 

areas where they noticed developing crime problems. 

A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and 

unanimously passed (5-0) approving Resolution No. R2012-59 (Edward Byrne Justice 

Assistance Grant) as presented. 

B. APPROVAL OF ALTERNATE COMPOSITION OF SELECTION COMMITTEE FOR 

COMMUNITY CENTER PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION 

SERVICES 

Mr. Schofield introduced the item. He indicated that recently Council approved to change the 

purchasing manual that allowed alternate composition of selection committees when they do an 

alternate selection that appoints either a board or committee. In this case, he said, they were asking 

the Village Council to serve as a Selection Committee. Mr. Schofield stated it must be authorized on 

the Regular Agenda of a Council meeting so they were asking Council to approve themselves sitting 

as a Selection Committee. 

Vice Mayor Coates felt staff was more than capable of being the Selection Committee and stated 

philosophically he had an issue with Council being the Selection Committee. Councilman Willhite 

indicated they discussed the previous day that staff would be the committee until they narrowed the 

applicants down to three, and then Council would be the final decision maker with a staff member 

present. Vice Mayor Coates stated as a compromise he was fine with that, but the agenda item didn’t 

really indicate that. Councilman Willhite said he was trying to change it. Vice Mayor Coates indicated 

if Councilman Willhite made a motion subject to what he just said, he would agree to it. 

Councilwoman Gerwig explained she most likely would not be able to serve on this committee 

because of her professional relationships with a lot of architects and engineers in the area, which 

33


would also be true if she were awarding the contract. She stated if the Selection Committee was staff 

and they made a selection, there would be less chance of a conflict at that point if she were to award 

the contract to someone. In this case, she said, it more than likely leaves you with one less Selection 

Committee person depending upon who submits. She indicated there may be architects with whom 

she doesn’t have a business relationship with for more than $10,000 in the past 12 months or $20,000 

in the past 24 months, but most likely there would be somebody in the mix that would preclude her 

from serving. Vice Mayor Coates indicated if they were down to three applicants it still could be a 

conflict, but the chances might be less to some extent. Councilwoman Gerwig agreed, but explained 

she provides structural engineering services to architects so most likely they would not have a person 

in her seat. 

Councilman Greene questioned if the staff member, who would be the fifth body, had voting rights. 

Councilman Willhite stated they didn’t have voting rights under the current proposal and would 

entertain that as an amendment to this motion. He indicated his discussion was if Councilwoman 

Gerwig was precluded then the fifth member could be a voting member if they wanted, otherwise it 

would be the five Council members and then the voting member. Councilman Greene asked if the 

staff member would still serve in an advisory position. Mr. Kurtz stated, when they had discussed the 

logistics, he thought the discussion was if they had three firms to interview they would make that part 

of a regular agenda or workshop agenda, because if they were to have a staff member up there it may 

be an awkward situation from a logistical standpoint. He said it was something for them to think about 

with that kind of setup. He also indicated they would be in a position to do the official ranking, so it 

wouldn’t have to come back to Council a second time if it was part of a Council Meeting. Councilman 

Greene asked if it was a logistical issue or legal issue. Mr. Kurtz said it was a logistical issue for 

Council to think about, and noted there was no absolute requirement for them to have five members 

on the Selection Committee. 

Councilman Willhite explained he didn’t see a logistical issue other than because even if they did the 

ranking and had a meeting, it would still have to come back to them for final approval. He felt 

procedurally they should still bring it back to Council as an agenda item to award the contract versus 

just going off the basis of their ranking. Mr. Barnes stated they would still have to do that based on 

the dollar value of the anticipated contract. Councilman Willhite indicated he was fine if with four 

people as they can’t predict if Councilwoman Gerwig will have to recuse herself at this point and there 

are times when people aren’t able to make a meeting. Mr. Barnes reminded Council, for the actual 

selection of the consulting team, it wasn’t a typical Council vote where you have 3-2 or 4-1, but it was 

an ordinal scoring process whether there were 3, 4 or 5 selection members, and it basically 

broadened the scope of the selection. Mayor Margolis noted it would be the number of points versus 

the votes. Councilman Willhite said he felt like Council was putting the cart before the horse when 

deciding what to do with the Community Center before they decide the makeup and layout. Mr. 

Schofield noted that was what these folks were going to do. Mr. Barnes indicated that would be part 

of their scope of work. Councilman Willhite said they would not be the ones to decide if the tennis 

center stays there, whether the parking lot changes, or whether the building changes the footprint. 

Councilman Willhite again implored Council members to come up with ideas or thoughts about what 

to do. He said he was fine going forward with this, but wanted to know they have the ground to put 

the footprint on once it was decided. Councilman Greene pointed out this may be the catalyst to start 

that process. Councilman Willhite asked Councilman Greene to explain his comment. Councilman 

Greene indicated Councilman Willhite was asking for additional ideas, and Council had seen some 

renderings and thoughts on what the footprint would be so if he was asking for Council members to 

contribute alternative ideas, then this would start that process. Councilman Willhite thought if a 

designer was told they had three acres of property, they weren’t going to design one for four acres of 

property as they don’t know of that other ¼ acre. He stated Council had to determine whether the 

tennis center was on the table for them to decide or if they would give the designer that option. 

34


Councilman Greene said he mentioned to Mr. Schofield that morning that there didn’t appear to be a 

significant difference in cost between options 1 and 2, as option 1 would be developing a Community 

Center on a site that either had tennis courts adjacent to it or was without tennis courts. Councilman 

Willhite thought the significant cost was between one or two stories. Mr. Kurtz said that in this 

process Council would end up selecting their design team, but they weren’t going have a design 

competition. Councilman Willhite understood and was asking Council to think about the fact, whoever 

they get to design it, they would have to decide and know where they could build something. 

Councilwoman Gerwig thought this was a huge decision that precluded her from any input on whether 

the tennis courts stay or the tennis courts move. Council stated she would not be precluded. 

Councilwoman Gerwig indicated if they were going to choose a design team based on how they 

handle these problems, which is why they went to this process, then she would be precluded from that 

decision; however, she wanted to say something about the tennis center issue. She said if they 

looked back, they would see the Village has the tennis center because it came with the property when 

the Village became owners of the country club/tennis facility. She didn’t think they would set out to 

build a tennis court system like they presently have that is maintained and managed because a 

significant portion of the participants are not people who live in Wellington. She said so they have the 

tennis facility because of how it evolved. Councilwoman Gerwig felt very strongly about spending the 

taxpayers’ money to build a country club-type facility in another location. She said she understood 

they already have one and was thrilled to have it here. She then compared this to being left with a 

Jaguar which you wouldn’t set out to buy and you don’t mind the extra maintenance expense. She 

said the process was a little disconcerting to her if they were going to build a country club type facility 

in another location because then she thought it changed things completely. 

Councilman Greene stated he looked at it as part of the Parks and Recreation programs. He said 

whether or not you are okay with building and maintaining baseball fields, soccer fields, and football 

fields, he didn’t see a difference between a tennis program and any other sports programs that they 

developed or when they built Village Park and the gymnasiums. 

Councilwoman Gerwig indicated clay courts were quite different from asphalt courts that municipalities 

generally do not have as they are managed and have to be maintained differently. She said they 

were talking about a different animal here comparing it to a Jaguar as opposed to a Focus. 

Councilman Greene didn’t consider the other facilities to be the lesser car. 

Mayor Margolis stated he wasn’t going to put a timeline on this, but there were a lot of ideas about the 

Community Center and tennis facility and they needed to come together on the design outside of what 

they were doing at this meeting. He said they would design something and Council would decide if 

they wanted it or not. Mayor Margolis stated they needed to have a workshop or have staff survey 

Council to make a decision on what this should look like moving forward. 

Councilwoman Gerwig indicted they had asked for a cost comparison of moving the clay courts; 

however, they hadn’t yet received it. She said that there were a lot of things they haven’t finalized. 

She stated she agreed with Mayor Margolis as she wants the Community Center done as bad as 

anyone there. 

Mr. Schofield indicated it was clear Council still had some work to do on siting facilities and stated 

they had a couple of choices as to when they do that in the process. He said they could do it prior to 

selecting a design professional or, if they select a design professional, they could do it in concert with 

them. He thought in the latter case, there wouldn’t be a conflict once the designer was already 

retained. 

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Councilman Willhite stated he wasn’t trying to preclude Councilwoman Gerwig from any of the tennis 

facility discussion, he just thought it was primary to this and they were putting the cart before the 

horse. He said they could hire a design team to design a great building, but if they don’t want the 

tennis facility with the Community Center and it can go somewhere else, it’s secondary. He said they 

were not precluding her from anything, and she had to make that decision based on her profession 

and work as to whether she had to preclude herself from the designers and engineers that build the 

facility. Councilwoman Gerwig stated if they were asking a design professional to come in to present 

what they had as part of the process in solving their problems, then that didn’t preclude her. Mr. 

Schofield needed a decision from Council on whether they wanted to discuss the siting first without 

the benefit of a design professional or if they wanted the design professional to be a part of that as 

they could certainly be a scope. He indicated he needed tomorrow to verify post selection was not 

going to conflict with Councilwoman Gerwig participating in the discussion. Although he didn’t think it 

would be, but he needed to verify it. 

Councilman Willhite was fine going forward with the alternate makeup as he discussed and then 

setting up a workshop to discuss the options, concerns, needs and wants in reference to the 

Community Center, Tennis Center, etc. Mr. Schofield indicated they would schedule the workshops in 

the next couple of weeks, because by the time they go through the process they are still 4 to 5 weeks 

from doing the selections. Mayor Margolis stated the decision of design reminded him a bit of K-park, 

because they went through five different design phases. He said Council met and decided on two of 

them, and thought the workshop needed to take place with all five of Council. Mr. Schofield said he 

would have Ms. Adler schedule the workshop with Council. 

Mr. Barnes mentioned to Mr. Schofield if they have the workshop in advance of selecting the design 

team, he would request an authorization to retain a consultant to assist staff on the basis they didn’t 

include it in the scope. He said that the scope is substantial enough to require some outside 

assistance whether it would be to verify construction cost estimates or other siting analysis that at this 

point wouldn’t be completed within a reasonable timeframe. 

Councilman Greene thought that was really important because what was potentially going to drive a 

lot of the decisions was the economics of what they were facing in terms of maintenance and repair 

with the current facility that is 30 years old versus construction of the new site. Mr. Barnes stated the 

flip side of that was if they included that in the scope of the project, they would not authorize any 

design to commence on the building until those site evaluations, site selection studies, and 

comparisons were completed. He said it would be in advance of any design so they wouldn’t design 

something that ultimately would not be usable. 

A motion was made by Councilman Willhite, seconded by Vice Mayor Coates, and passed (4- 

1), with Councilwoman Gerwig dissenting, to approve utilizing staff for vetting their fees from 

companies as a Selection Committee and bringing it back to Council who will sit as the final 

decision maker of the final three applicants and with a staff member, who is not a part of the 

original selection committee, assisting Council as a subject matter expert. 

Councilwoman Gerwig stated she was not opposed to it in theory, but opposed because she thinks 

staff has more expertise. 

Mr. Schofield said he was thinking the staff member would be Mr. Barnes, because he has experience 

as a Parks and Recreation Director and has the most construction experience outside of Mr. Riebe. 


36


Vice Mayor Coates called upon members of the public who wished to speak. 

1. Lois Spatz, 13643 Ishnala Circle, Wellington. Ms. Spatz stated she was on the Board of the 

Wolverine Band Booster Association. On behalf of the hard working parents and other boosters 

who were present and who had volunteered hundreds of hours to create an outstanding music 

experience for their children, she thanked Council for attending their September 7 th game, which 

they won 20-6. She said it meant a lot to the students when the leaders of the community take 

time to show their support. Ms. Spatz also read Council a request that was approved by her 

Board where they were seeking funds, assistance and/or guidance to help support their efforts in 

purchasing 225 new band uniforms for Wellington High School. She indicated the cost of the 

uniforms was $71,000, and they still needed $42,000. 

Councilwoman Gerwig asked Mr. Barnes if they had any grant writing assistants who could provide 

help in looking for grants to cover the cost or if they had access to information. Mr. Barnes stated 

they just had the standard information generally geared toward governmental operations, but he was 

sure staff could look at anything. He disclosed that he was a Wolverine Band Booster Association 

volunteer and his child was a band member so he wanted to make sure there was no conflict. 

Vice Mayor Coates asked if they finalized the changes to the Wellington Community Foundation. 

Vice Mayor Coates stated they ask this question every time they have one of these requests, and he 

thinks Council agreed these types of requests would be better handled through the Foundation. 

Mayor Margolis thought Vice Mayor Coates could be their chair or representative for that, and he 

didn’t know how much money was in the Community Foundation. Councilwoman Gerwig stated they 

had $50,000 they hadn’t spent, but she explained that the Wellington Community Foundation was not 

setup for those types of donations. Mayor Margolis noted they needed to bring that back to Council. 

Councilman Willhite said they needed to have a discussion regarding the Wellington Community 

Foundation, because if they honor one request it would start an overwhelming flood of requests. 

2. Jon Nolly, 4006 Dorceda Drive, Wellington. Mr. Nolly stated he was with JoJo’s Raw Bar. He 

appreciated Council’s time as he had met with most of the members earlier. He indicated the 

process to be heard was easier than expected and realized Council still had their own opinions on 

what they wanted to do. He noted Council had a diverse crowd, paid attention to detail, and 

seemed to really care so he just wanted to explain his side. Mr. Nolly thought it has become 

apparent the ordinance needs to be changed and Council should work out the details of the hours, 

because it would be odd if everybody had a variance on an ordinance. He asked them to address 

if he was too loud or having any other problems separately from the issue of being open or not. 

He felt Walgreen’s, McDonald’s or a gas station should be open for 24 hours because he would 

hate to run out of gas going to or coming home from work and there be no place to get it. Mr. 

Nolly also thought there already was a code saying that establishments with alcohol sales were 

allowed to be open until 2:00 or 3:00 in the morning. He said it was imperative JoJo’s Raw Bar be 

open until 3:00 a.m. on the weekend pointing out that they provide a full menu. Mr. Nolly said the 

Council Chamber were a little empty, but he said if there was something he needed to do, he 

could have the room completely filled in two weeks; however, he hoped it wouldn’t come to that. 

He further stated that he was asked what the difference was between 2:00 a.m. or 3:00 a.m., and 

he indicated he was not trying to sell some more alcohol with the extra hour. He said if Council 

gave him the 3:00 a.m. closing time, he would donate the $3,000 application fee to the band 

booster for their uniforms. 

3. Gino Zwirecki, 9765 Scribner Lane, Wellington. Mr. Zwirecki stated he was there for the same 

reason as Mr. Nolly, as he has been the general manager of the Gypsy Horse Irish Pub and 

Restaurant since the place opened eight years ago. He said he loves Wellington as he has been 

37


a resident for 13 years and has a child who lives and goes to school here. Regarding the hours of 

operation, Mr. Zwirecki explained he received the letter and was a little shocked after operating for 

eight years. He stated they would have never opened there if they knew it was going to be a 

problem or they would have never opened that kind of restaurant. Depending on the time of year 

and season, he said, 15% to 20% of their food and drinks sales are after midnight. He indicated 

they have entertainment that runs until 1:30 a.m. or 2:00 a.m. on the weekends, but are open until 

3:00 a.m. by the time everyone leaves and they close. He thought if they had to close early a lot of 

people would leave this area and go downtown West Palm, Royal Palm, neighboring communities, 

and even Loxahatchee, to spend their money, drink and eat. He felt it would hurt the community 

as well as his business. Mr. Zwirecki noted it was very important that they have these hours and 

that they stick with them. He mentioned he was not comfortable speaking before the public, but 

felt the need to come here to speak because this was an important issue for him, his family, and 

his employees who are like family to him. Like Mr. Nolly, he said he knew he could get a great 

many people here to support him because the Gypsy Horse is a big part of the community as they 

are in the parades and make a lot of donations. Mr. Zwirecki thanked Council for their time and 

hoped they would make a fair decision. 

4. Sampson Nebb, 1844 S. Club Drive, Wellington. Mr. Nebb stated he was a member of the Senior 

Club and wanted to point out that last year the Council at that time invited a woman from the 

Midwest and paid her $250,000 to come and describe what a Community Center should look like. 

He said the Senior Club was invited, and he was a member of the Board at that time, to come 

listen and contribute to the discussion, but it was a one-sided discussion. He indicated it was 

done before the Parks and Recreation Advisory Board Meeting, and she told them how they don’t 

have Senior Centers anymore and the Community Centers were designed to make money by 

renting a room upstairs. He said she presented her ideas, and there wasn’t much contribution, 

except she liked the idea of walking up a grand staircase, whether the seniors could do that or not. 

Nr. Nebb thought her ideas were fine except the current Community Center, which the seniors 

also occupy, is right next to the Tennis Center. He said on days when there is a lot of tennis 

playing and there is a Senior Club meeting, there are no parking spots. He indicated he wasn’t 

sure a new Community Center was needed, but if there was going to be one, he wanted Council 

to consider moving it or the Tennis Center to an alternate location so there would be adequate 

parking. 


MR. KURTZ: Mr. Kurtz presented the following report: 

He stated he was following up on last night’s meeting and the mediation that took place on 

Friday. He indicated his report was mainly a question to Council as to when they wanted to 

consider the settlement offer that came out of the mediation and if they initially wanted to do it 

in a shade session. If so, he needed some direction so that he could announce a shade 

session at the meeting. 

Vice Mayor Coates stated he was not in favor of having additional meetings, but he believed this 

discussion and settlement should be done in the shade to begin with as they would be discussing 

strategy issues, and a shade session would protect those strategy decisions until the appropriate 

time. 

Councilman Willhite didn’t think they needed a shade session as it was announced on the agenda 

what they would be discussing and that members of either side have had meetings to talk about what 

was going on. He didn’t know why Council couldn’t announce or discuss what that information was, 

but he understood Vice Mayor Coates’ aspect of feeling like their strategy or response may need to be 

privileged until it was brought forward. He indicated the outcome of the shade session would still 

38


have to come back to Council for a discussion and public vote regardless of what the strategy to 

accept or deny the settlement offer was. He thought there would still be a procedure to go forward if 

Council accepted it and, if Council denied it, they would announce it at a meeting and that would be 

the end of it. Mr. Kurtz noted they would have a vote on the settlement agreement, one way or the 

other. 

Councilwoman Gerwig thought Council would have to discuss the settlement offer due to the many 

different points and conditions, and they would need a shade session to discuss it freely without 

revealing their strategy. She agreed the time is a sacrifice, but believed it is necessary in this case so 

they can craft their strategy, especially with the complexity of every single condition. 

Councilman Willhite stated he was not arguing either way, but he thought the outlined conditions are 

all or none as they will not be able to pick and choose. He said that settlement agreement was the 

entire settlement agreement. 

Councilwoman Gerwig questioned if he was saying they should have a “take it or leave it” vote now 

without a discussion. She indicated her thoughts were they needed to discuss it and asked 

Councilman Willhite if he agreed. Councilman Willhite stated he absolutely agreed and that Council 

needed to know what happened in addition to reading what was provided, but he was simply stating 

that all the outlined items were all or none. 

Vice Mayor Coates stated he agreed, but the discussion that needed to take place to make it 

productive was: what was their litigation position, are they compelled to do it, and what was Council’s 

recommendation based on where they stand. 

Councilman Willhite reiterated he didn’t think they needed a shade session to discuss and outline 

what was discussed at the mediation, but understood what Vice Mayor Coates was saying about the 

need for a strategic response if they accepted the offer and would accept it at a public meeting. He 

said if Council denied it, they would just simply deny it at a public meeting and then go forward with 

some other process. 

Mr. Kurtz reminded Council that whenever somebody makes an offer, it is not necessarily a yes or no 

as you can always come back with a counteroffer. 

Mayor Margolis asked if Council agreed they needed a shade session. 

Councilman Greene stated he would support a shade session as he thought they needed to have a 

conversation, but he also wanted to make the point that it doesn’t necessarily mean it’s all or nothing 

just because they have a settlement proposal. He said that because mediation was not successful 

between the two parties didn’t mean Council couldn’t come back with an option they think is fair and 

then they can see whether or not it is accepted. He stated the only thing he would add is if it made 

sense to have a litigator, outside of in-house counsel, be a part of the shade session. He said he was 

certainly not trying to increase the legal fees in any way, shape or form, but it sounded like they were 

going to face litigation from one party or the other no matter how the vote goes and whether they 

accept it or not. He noted he wasn’t advocating one way or the other. 

Mr. Kurtz explained, at this point in time, his firm has been handling the defense for the various 

actions, and to bring somebody in who hadn’t participated in any of the discussions and who wouldn’t 

have enough time to get up to speed on everything, didn’t seem to make sense to have them 

participate in the shade session. As he outlined for them in the materials that were presented for the 

workshop, Mr. Kurtz said, if he were unable to settle the matter, there were two current deadlines that 

39


they face with respect to Cert petitions and those deadlines are currently November 5, 2012. He 

indicated as long as they respond to the settlement offer in relative due course, he was confident they 

would not have a problem getting a further extension. However, he outlined the possibility of whether 

or not they would respond to the Cert petition, whether they would adopt the pleadings of the 

neighbors as an option, whether or not they would want his firm to respond or whether they would 

want another firm to respond, but he didn’t think that was an eminent decision Council had to make 

before they had the shade session and decided where they were going with this matter. 

Councilman Greene stated he would make some additional comments regarding legal when they get 

to Council comments, but for the purposes of the dialogue here, he stated he would support moving 

forward with the shade session. 

Mayor Margolis asked Mr. Kurtz if Council needed to give him a date. After discussing several 

options to hold the shade session, Council consensus was that October 23, 2012 at 5:00 p.m. worked 

for them. Mr. Kurtz announced Council would be having an Attorney-Client Shade Session, with 

respect to the Equestrian Village litigation, at 5:00 p.m. on October 23, 2012 in the Council 

Conference Room. 


MR. SCHOFIELD: Mr. Schofield presented the following report: 

The next Regular Council Meeting was scheduled for Tuesday, October 23, 2012 at 7:00 p.m. 

in the Council Chambers. 

Early voting for the General Election begins Saturday, October 27, 2012 and runs through 

November 3, 2012 at Wellington’s library. Accordingly, under Wellington’s sign code, 

candidates will be able to place their political signage in the designated sign areas beginning 

Saturday, October 13, 2012 at 12:01 a.m. 

A free concert by Viva will be held on Saturday, October 13, 2012 beginning at 7:30 p.m. at 

the Wellington Amphitheater. 

There will be a free movie - Ice Age Continental Drift, on Friday, October 19, 2012 at 7:30 p.m. 

at the Wellington Amphitheater. 

Mr. Schofield announced that it would be difficult to reach him the next week as he will be 

testifying a good part of the day on Monday or Tuesday, and he would be out of town the 

balance of the week, Wednesday through Friday. 


COUNCILWOMAN GERWIG: Councilwoman Gerwig presented the following report: 

She attended the Kids Tennis Play Day, sponsored by USTA and Nickelodeon, on Saturday, 

October 6, 2012. She said it was a very nice event with many kids learning to play tennis. 

She was unable to attend the Wellington Kids Triathlon held September 22, 2012, because 

she was sick, and only about half the kids were able to participate as they had a rain issue. 

She said that she was proud of Parks and Recreation for putting on that event because she 

thought kids participating in triathlons encourages a lifetime of healthy living. 

She mentioned October was Breast Cancer Awareness Month. She said that she wanted 

people to think about the “Think Pink” campaign. She advised people that when they give or 

buy pink products, to be make sure the actual donation wasn’t going to the product, but to 

breast cancer. She said it has turned into a marketing campaign and her breast cancer 

survivor friends are offended by it because the dollar amount actually given at the end of the 

day is a very small amount. She also encouraged people to get a mammogram. 

40


COUNCILMAN WILLHITE: Councilman Willhite presented the following report: 

He asked about a startup date or location for the Green Market. Mr. Barnes indicated they 

were planning to start the Green Market mid-November in the City Hall parking lot. He stated 

they were looking at transferring the operator of the Green Market, who was excited by the 

new location, increased visibility, etc. 

This week he attended the hospital grand opening as well as the grand opening of Cheddar’s. 

He said it is difficult to make it to everything, but he appreciates and encourages all the new 

developments in the community. 

He stated he had some concern as they moved forward with a lot of legal issues. He indicated 

Mr. Kurtz stated his firm represented the Village, but that he couldn’t bring someone in and get 

them up to speed on everything. Councilman Willhite explained there were some conflicts 

now as sometimes Mr. Kurtz feels like he will be called as a witness and people who Council 

doesn’t know are brought in to represent them. He thought if Mr. Kurtz is the one representing 

the Village then he should be the one representing the Village, and not bringing someone else 

in at the last minute because he feels he may be called as a witness. Councilman Willhite 

indicated, at the last Planning and Zoning Meeting, he had never met any of the attorneys 

representing the Village of Wellington which was a problem to him. He said he had met Ms. 

Alderman, but had never seen or heard of the other two attorneys and feels there should be a 

level of comfort in knowing who is representing the Village. Councilman Willhite thought Mr. 

Kurtz is at the point where he can handle all workload until he’s overwhelmed, and it’s not that 

he can’t handle it because he’s not able to do the work, but it’s because there may be a 

conflict. Councilman Willhite stated he would like to know and meet these people so that he 

gets that comfort level before they represent them. 

COUNCILMAN GREENE: Councilman Greene presented the following report: 

He stated his only comments were in regard to legal services as it seemed there was an 

increased load of litigation coming before the Village and, to support Council, it would be 

nice to get a weekly summary or something on a more frequent basis then Council 

Meetings where Mr. Kurtz speaks for a couple minutes on the Attorney’s Report. He 

indicated it didn’t have to be a long drawn out report, but he would like to know on an 

ongoing basis the case status, how it’s been responded to, and what the next steps are, as 

they have time certain response deadlines. Councilman Greene said he honestly didn’t 

even know how many cases they had outstanding and what litigation was before them, and 

feels like a lot of the legal decisions are being made independent of any Council 

awareness as he is not aware of them. He said that it didn’t seem like he was in the loop 

as to what it is going on in legal services. 

Vice Mayor Coates suggested Mr. Schofield include that in his weekly report they all receive pointing 

out there could be a litigation section that does precisely what Councilman Greene is suggesting. He 

knew it would require Mr. Schofield getting with Mr. Kurtz, but it would be included in what they all see 

weekly as far as issues for the Village. Mr. Schofield and Mr. Kurtz agreed to work out that 

arrangement. 

Mr. Kurtz indicated, other than a number of foreclosures he responds to, the outstanding litigation 

included the cases Council was intimately familiar with: the Equestrian Village litigation, Pirovano 

litigation, McCullough litigation, and Straub litigation. He hoped they were all relatively familiar with 

what was going on in all the cases. He noted Councilman Greene may not be familiar with the 

Pirovano case as he didn’t think they had discussed it at a meeting, whether a shade or open session, 

since he had been on Council. Councilwoman Gerwig thought they had discussed it in the 

Countryplace litigation. Mr. Kurtz stated those were the outstanding cases, and he would be happy to 

provide them with a status report. 

41


Councilman Greene questioned the McCullough case and asked if the courts rejected or made a 

decision on that case. Mr. Kurtz stated there was a Cert petition denial. Councilman Greene stated 

he heard that through outside sources and not internally, and that was his concern. Mr. Kurtz 

believed that order was circulated, but it was a very short order and Councilman Greene may have 

missed it. Vice Mayor Coates stated he missed it as well. 

Councilman Willhite stated he hated to mention it, but four years ago he made a motion for Mr. Kurtz 

to provide him with a yearly legal update and he didn’t get an update before this budget. He said the 

motion was passed by this Council; he referenced it when they talked about the legal issue, and he 

still hasn’t received one report. He indicated Mr. Kurtz announced in his Attorney’s Report that 

something was scheduled in November, and that was his legal report. Councilman Willhite asked Mr. 

Kurtz to give Council a report, an update, and status of the cases. He stated he could call Mr. Kurtz 

anytime to tell him something had been filed, and he was always willing to take the call and talk, but it 

shouldn’t be a one way street. In his motion passed four years ago, Councilman Willhite said they 

had plenty of dialogue about it and he didn’t ask for details and he didn’t ask for the legal strategy, but 

he did ask for an outline of what Mr. Kurtz had been working on. Councilman Willhite explained he 

was questioning their legal expenses, in-house and subbing it out, so Mr. Kurtz needs to justify what 

they are paying him for and some of that is letting Council know what he’s working on, where things 

are, and whose doing them. He told Mr. Kurtz, when people are here from his office, to justify that by 

saying so-and-so worked for three hours in Wellington, and the legal report is where he would do that. 

Councilman Willhite said he could call Mr. Kurtz every day to find out where things were, but he 

shouldn’t have to. He thought Councilman Greene was asking for some feedback as well, and he 

doesn’t think that’s too much to ask because they ask it of the other employees and they should not 

only ask for it, but demand it. 

Councilman Greene said it seemed he was getting more information and faster updates from people 

in the community than from internal resources and, from a legal standpoint, Mr. Kurtz was the internal 

resource Council depended on for that information so he wanted to make sure communication was 

flowing both ways. He indicated Mr. Kurtz talked about the foreclosure cases, but thinks it is not 

unjust for Council to request regular updates on any significant legal action coming before them. Mr. 

Kurtz stated he would be happy to give them reports. Councilman Greene explained he and Mr. Kurtz 

meet on a regular basis and have a pretty good dialogue so there was no issue there. However, if he 

takes it a step further, he knows people have come to Mr. Kurtz to see whether or not they have a 

conflict in a situation, and perhaps that might need to be shared with Council. Councilman Greene 

thought they need to be a bit more proactive with potential conflicts or concerns about people’s ability 

to participate, whether it is at the committee level or Council level so that they can get a response 

back from the Ethics Commission in a timely manner and provide accurate information. He stated, for 

himself and for others, he knows there have been a number of concerns as to whether people should 

or should not participate. Councilman Greene further stated he wanted to make sure they were being 

proactive and that Council had all the information they needed to do their job effectively. 

MAYOR MARGOLIS: Mayor Margolis presented the following report: 

He stated he hated to be the last person to talk about litigation, but he was going to for a 

couple of minutes. He indicated they talked a number of months ago about the need for 

litigation, and he thought even Mr. Kurtz said he was not a litigator. Mayor Margolis didn’t 

know who on his staff was a litigator, but thought they needed to come to a decision on 

who should handle litigation because of all the lawsuits coming forward. He said he read 

an article in the Palm Beach Post about what was happening in West Palm Beach with the 

Digital Domain issues and their problems with going to court, and their Council hired 

outside expert litigation at $385 an hour to handle the specialized litigation. Mayor 

42


Margolis indicated they had talked about this before as Mr. Schofield had come to them 

asking for some dollars to get a litigator, and he thought it was time they allocated some 

funds to do that. He likened it to a number of years ago when they had outside litigation 

for the issues with Big Blue and with some other litigation. Mayor Margolis noted 

mediation broke down on Friday, and he wouldn’t be surprised if there was more litigation 

due to that. He explained, like Mr. Kurtz said, there are four lawsuits pending. In the 

Pirovano lawsuit, he thought there must have been a meeting on October 4, 2012 as he 

saw a Motion for Default by a firm, because the response to the Pirovano lawsuit was due 

on July 30, 2012 and they hadn’t given it yet. Mayor Margolis said he was not surprising 

Mr. Kurtz, and hopefully he had seen it. Mr. Kurtz stated they responded to the lawsuit. 

Mayor Margolis wanted to know if it was two months later, two-and-a-half months later, or 

three months later, because he thought the Motion for Default was established on 

September 26, 2012 so there was a two-month timeframe before he responded. Mayor 

Margolis indicated he was not trying to judge Mr. Kurtz’ skills, but he thought with 

everything going on right now there was a need for an outside litigator to take up all 

litigation. He also thought Council needs to make a decision right away and didn’t know if 

it had to be an agenda item. Councilwoman Gerwig indicated she wanted to interview and 

vet the firms. Mayor Margolis stated Mr. Kurtz’ firm handles part of what’s going on right 

now with litigation, and has met Mr. Torcivia once or twice, but he didn’t know other 

members of the firm. He indicated he saw the Planning and Zoning Meeting and knew Mr. 

Doney, only because he watched him as a special magistrate, and the gentleman guiding 

counsel he had met one previous time. Mayor Margolis felt there is a need to cut down all 

the different levels of litigation and just make somebody responsible for their litigation. He 

noted if Council wanted to vet the firms, they could certainly do that. Mayor Margolis 

asked if this could be put on next month’s agenda as he needed clarification and help from 

Council as to how to proceed. 

Councilwoman Gerwig stated she would feel more comfortable talking to Mr. Kurtz one-on-one before 

that was scheduled as she thought she would have a better grasp on it. 

Mayor Margolis understood and thought all members should have that discussion with Mr. Kurtz, but 

he sensed they were becoming overwhelmed with litigation and reiterated that Mr. Kurtz said he was 

not a litigator and handles everything else but litigation. Mayor Margolis felt they needed someone 

who has litigation expertise. 

Councilwoman Gerwig asked Mr. Kurtz if he litigated. Mr. Kurtz stated he had litigated throughout his 

career. 

Councilman Greene noted the other part was there were so many items coming before the Village to 

review at a staff level so it wasn’t necessarily an ability to litigate or not litigate, and he knew Mayor 

Margolis was not making that accusation. He indicated he would like to have Mr. Kurtz focus on and 

dedicate more time from a legal standpoint, to the items addressing the concerns of the community on 

a day-to-day basis and let an outside litigator litigate. He hoped that would clean up and reduce some 

of the issues. He said he was not placing blame or making accusations regarding staff, legal or 

anybody else. 

Mr. Kurtz asked if they wanted to do it on a case-by-case basis, have litigation handled by a particular 

firm, or go out for RFPs and line up some interviews. 

43


Councilman Greene noted that was the discussion Council wanted to have as an agenda item. Mayor 

Margolis was hoping Council members could have discussions with Mr. Kurtz prior to the next Council 

Meeting and Mr. Schofield could put it on the agenda. 


There being no further business to come before Council, the meeting was adjourned at 10:30 p.m. 

Approved: 

_____________________________ 


_____________________________ 

Awilda Rodriguez, Clerk 

44

6. B 




AGENDA ITEM NAME: AUTHORIZATION TO AWARD A CONTRACT FOR THE 

IMPROVEMENTS TO THE AQUATICS BUILDING 





FIRST READING 


REQUEST: Authorization to award a contract to Eagle Enterprises, Inc. in the amount of 

$39,256.00 for the improvements to the aquatics building. 

EXPLANATION: On September 23, 2012, Wellington advertised ITB# 114-12/DZ seeking qualified 

contractors to provide a minor renovation to the aquatics building. Project elements include concrete 

flatwork, installation of three doors and relocating two exhaust fans. 

These minor renovations are required in order to allow the use of meeting space and restrooms 

during facility off-hours. The change is being made to accommodate additional Parks and 

Recreation programming and meetings. 

On October 11, 2012 eight (8) proposals were received. Eagle Enterprises, Inc., was deemed the 

lowest, responsive, responsible bidder at a cost of $39,256.00. 

Contractor Amount Local Vendor 

Eagle Enterprises Inc $39,256.00 Not Local 

Critical Path Construction, LLC $40,876.00 Did not submit local vendor 

form 

Hatcher Construction & Development, $45,033.43 Palm Beach County 

Inc 

Anatom Construction Company $47,700.00 Western Communities 

Sisca Construction Services, LLC $49,775.00 Palm Beach County 

SineMark Construction, LLC $53,000.00 Western Communities 

West Construction, Inc $59,106.00 Palm Beach County 

All-Site Construction, Inc $73,253.00 Did not submit local vendor 

form 

LEGAL SUFFICIENCY: Yes


FISCAL IMPACT: Funds for this project are available in Parks Capital Maintenance. 


RECOMMENDATION: Authorization to award a contract to Eagle Enterprises, Inc. in the amount of 

$39,256.00 for the improvements to the aquatics building.

Remodel of Aquatics Building 


"Offers from the vendors listed herein are the only offers 

BID OPENING DATE: October 11, 2012 received timely as of the above receiving date and time. 

BID OPENING TIME: 11:00AM(local time) All other offers submitted in response to this solicitation, 

ITB#114-12/DZ if any, are hereby rejected as late" 

VENDORS SineMark Construction, LLC Critical Path Construction, LLC Anatom Construction Company Eagle Enterprises Inc All-Site Construction, Inc West Construction, Inc 

Hatcher Construction & 

Development, Inc Sisca Construction Services, LLC 

Original and one PDF YES YES YES YES YES YES YES YES 

Acknowledgment of Addendum 1 YES NO YES YES YES YES YES YES 

Bid Form signed by authorized YES YES YES YES YES YES YES YES 

representative 

Bid Bond/Security or Cashier’s Check YES YES YES YES YES YES YES YES 

Schedule of Value YES YES YES YES YES YES YES YES 

Schedule of Subcontractor YES YES YES YES YES YES YES YES 

Schedule of Equipment and Materials YES YES YES YES YES YES YES YES 

Sworn Statement under YES YES YES YES YES YES YES YES 

Section 287.133(3) (a) 

Drug Free Workplace YES YES YES YES YES YES YES YES 

Trench Safety Affidavit YES YES YES YES YES YES YES YES 

Questionnaire YES YES YES YES YES YES YES YES 

References YES YES YES YES YES YES YES YES 

Insurance Certificates YES YES YES YES YES YES YES YES 

Copy of Appropriate Licenses YES YES YES YES YES YES YES YES 

Proof of Workers Compensation YES YES YES YES YES YES YES YES 

Insurance/Workers Compensation 

Exemption Affidavit 

Conflict of Interest Statement YES YES YES YES NO YES YES YES 

Local Vendor/Contractor Affidavit Western Communities Did Not Submit Western Communities Not local Did Not Submit Palm Beach County Palm Beach County Palm Beach County 

Total 

$53,000.00 $40,876.00 $47,700.00 $39,256.00 $73,253.00 $59,106.00 $45,033.43 $49,775.00


October 15, 2012 

NOTICE OF INTENT TO AWARD 

Pursuant to Wellington, notice is provided as follows: 

INVITATION TO BID (ITB) #114-12/DZ – Remodel of Aquatics Building bid Opening Date and 

Time October 11, 2012 11:00 AM local time. 

1. Wellington has completed its evaluation of ITB #114-12/DZ and intends to recommend to 

Council the award Remodel of Aquatics Building contract to 

Eagle Enterprises, Inc. 

2. This Notice is conditioned upon and subject to Wellington’s reservation of rights as 

contained in the ITB Documents and approval by the Wellington Council. 

12300 Forest Hill Boulevard • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 

www.wellingtonfl.gov


ADVERTISEMENT/INVITATION TO BID 

The Wellington Council is accepting sealed bids for ITB #114-12/DZ - Remodel of Aquatics Building. 

All Bids must be received, one (1) original and one (1) PDF Copy (CD) at the address below in the Clerk’s Office, no later than 

October 11, 2012 at 11:00 am Local Time, at which time all Bids will be publicly opened and read. Receipt of a response by any 

Wellington Office, Receptionist, or personnel other than the Clerk’s Office does not constitute "receipt" as required by this 

solicitation. The Clerk’s Office time stamp shall be conclusive as to the timeliness of receipt. 

The Owner for the Project is Wellington, Florida, (“Owner”). 

Bid Documents may be downloaded online at www.demandstar.com or www.wellingtonfl.gov starting on September 24, 2012. 

An optional pre-bid meeting to be held on October 3, 2012 at 10:30 am Local Time at Wellington’s City Hall located at 12300 

Forest Hill Boulevard, Wellington, FL 33414. Representatives of the Owner or Engineer will be present to discuss the project 

Bids must be accompanied by a Bid Bond/Security in the amount of ten percent (10%) of the Bid and must accompany each Bid in 

accord with the Instructions to Bidders. 

No bid may be withdrawn for a period of 120 days after the posting of the recommended award or as otherwise provided in 

Instructions to Bidders. 

All Bids shall be sealed when submitted and be delivered or mailed to: 

Wellington 

Clerk’s Office 


Wellington, FL 33414 

ENVELOPE MUST BE IDENTIFIED AS SEALED BID #114-12/DZ 

The Owner reserves the right to accept or reject any or all Bids (in whole or in part) with or without cause, to waive technicalities, 

irregularities or informalities, or to accept bids which in its judgment best serve the Owner. 

Any and all questions regarding this solicitation shall be directed to the Wellington Purchasing Division: Attn: Ed De La Vega, 

12300 Forest Hill Boulevard, Wellington, Florida 33414: Ph 561-791-4055 or email: edelavega@wellingtonfl.gov. 

Palm Beach Post Advertisement: 

September 23, 2012

SUBMITBIDSTO: 


Attn:Clerk’sOffice 

12300ForestHillBlvd 

Wellington,FL33414 

BIDTITLE: 


 

NAMEOFFIRM,ENTITY,orORGANIZATION: 

 

Page | 2 

BIDACKNOWLEDGEMENTCOVERPAGE 

 

REFERALLINQUIRIESTOPRIMARYCONTACT: 

PurchasingDivision 

12300ForestHillBlvd 

Wellington,FL33414 

Ph:(561)7914055 Fax:(561)9045809 

NAMEOFCONTACTPERSON VENDORMAILINGADDRESS: 

 

 

TITLE VENDORHEADQUARTERSADDRESS(IFDIFFERENT): 

 

 


INVITATIONTOBID 

BIDNO: 

PHONENUMBER: FEDERALEMPLOYERIDENTIFICATIONNUMBER(EIN): 

EMAILADDRESS: 

 

FAXNUMBER: 

 


ORGANIZATIONALSTRUCTURE(PleaseCheckOne): 

CITY: 

 

CITY: 

 

 

114-12/DZ 

ZIP: 

 

 

ZIP: 

 

STATEOFFLORIDABUSINESSLICENSENUMBER(IFAPPLICABLE) 

Corporation Partnership PROPRIETORSHIP JointVenture Other 

IfCorporation,pleaseprovidethefollowing: 

 

(A) DateofIncorporation:________________________________(B)Stateor 

CountryofIncorporation: 

Month/Day/Year 

Icertifythatthisbidismadewithoutpriorunderstanding,agreement,orconnectionwithanycorporation,firm,orpersonsubmittingabidforthesame 

materials,suppliesorequipment,andisinallrespectsfairandwithoutcollusionorfraud.Iagreetoabidebyalltermsandconditionsofthisbidand 

certifythatIamauthorizedtosignthisbidforthebidderandthatthebidderisincompliancewithallrequirementsoftheInvitationtoBid,includingbut 

notlimitedto,certificationrequirements. 

 

 

 

// 

AUTHORIZEDSIGNATURE(MANUAL)AUTHORIZEDSIGNATURE(PRINTORTYPED)TITLE(PRINTORTYPED) 

STATE: 

 

 

STATE:

Page | 3 


TABLE OF CONTENTS 

ADVERTISEMENT TO BID .................................................................................................................................................................. 1 

BID ACKNOWLEDGEMENT COVER PAGE ...................................................................................................................................... 2 

TABLE OF CONTENTS ......................................................................................................................................................................... 3 

INSTRUCTIONS TO BIDDERS ............................................................................................................................................................ 5 

TRAFFIC CONTROL & MAINTENANCE ......................................................................................................................................... 16 

BID PROPOSAL CHECKLIST ............................................................................................................................................................ 17 

BID BOND/SECUIRTY ........................................................................................................................................................................ 18 

BID FORM……… ................................................................................................................................................................................ 19 

SCHEDULE OF VALUES .................................................................................................................................................................... 22 

SCHEDULE OF SUBCONTRACTORS ............................................................................................................................................... 23 

SCHEDULE OF EQUIPMENT AND MATERIALS ........................................................................................................................... 24 

SALES TAX RECOVERY PROGRAM SPECIAL CONDITIONS ..................................................................................................... 25 

CERTIFICATE OF ENTITLEMENT ................................................................................................................................................... 30 

SWORN STATEMENT UNDER SECTION 287.133(3)(a), ................................................................................................................ 32 

DRUG FREE WORKPLACE ................................................................................................................................................................ 34 

TRENCH SAFETY AFFIDAVIT .......................................................................................................................................................... 35 

QUESTIONNAIRE ............................................................................................................................................................................... 36 

LIST OF DRAWINGS ........................................................................................................................................................................... 39 

AGREEMENT ....................................................................................................................................................................................... 40 

OPINION OF ATTORNEY ................................................................................................................................................................... 44 

NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES ................................................................................... 45 

CONTRACTOR'S AFFIDAVIT TO OWNER AND FINAL RELEASE OF LIENS ........................................................................... 46 

APPLICATION FOR PAYMENT ....................................................................................................................................................... 47 

BILL OF SALE, ABSOLUTE ............................................................................................................................................................... 48 

FORM OF FINAL RECEIPT ................................................................................................................................................................ 49 

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT- TABLE OF CONTENTS ............................. 50 

SUPPLEMENTARY CONDITIONS .................................................................................................................................................. 100 

REQUEST FOR PROOF OF WORKERS COMPENSATION INSURANCE OR EXEMPTION .................................................... 103 

WORKERS COMPENSATION EXEMPTION AFFIDAVIT ............................................................................................................ 104 

WELLINGTON LOCAL PREFERENCE AFFIDAVIT ..................................................................................................................... 105 

CONFLICT OF INTEREST STATEMENT ....................................................................................................................................... 108 

RESIDENT PROJECT REPRESENTATIVE ..................................................................................................................................... 109 

GENERAL REQUIREMENTS, SECTION 1000 ................................................................................................................................ 112

Page | 4 


INSTRUCTIONS TO BIDDERS - TABLE OF CONTENTS 

ARTICLE 1. DEFINED TERMS .................................................................................................................................................... 5 

ARTICLE 2. COPIES OF BIDDING DOCUMENTS .................................................................................................................... 5 

ARTICLE 3. QUALIFICATIONS OF BIDDERS ........................................................................................................................... 5 

ARTICLE 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE .............................................................................. 6 

ARTICLE 5. MANDATORY PREBID MEETING ........................................................................................................................ 7 

ARTICLE 6. SITE AND OTHER AREAS ..................................................................................................................................... 7 

ARTICLE 7. INTERPRETATIONS AND ADDENDA .................................................................................................................. 7 

ARTICLE 8. BID SECURITY ........................................................................................................................................................ 8 

ARTICLE 9. CONTRACT TIME .................................................................................................................................................... 8 

ARTICLE 10. LIQUIDATED DAMAGES ....................................................................................................................................... 8 

ARTICLE 11. MATERIALS; SUBSTITUTE OR “OR-EQUAL ITEMS ......................................................................................... 8 

ARTICLE 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS .............................................................................................. 8 

ARTICLE 13. PREPARATION OF BID AND BID FORM ............................................................................................................. 9 

ARTICLE 14. VARIANCES ............................................................................................................................................................. 9 

ARTICLE 15. VENDOR SERVICE REPRESENTATIVE ............................................................................................................ 10 

ARTICLE 16. SUBMISSION OF BIDS .......................................................................................................................................... 10 

ARTICLE 17. MODIFICATION AND WITHDRAWAL OF BIDS .............................................................................................. 10 

ARTICLE 18. OPENING OF BIDS ................................................................................................................................................ 10 

ARTICLE 19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE ............................................................................................... 10 

ARTICLE 20. ADDITIONAL TERMS AND CONDITIONS ........................................................................................................ 11 

ARTICLE 21. RESPONSIVE AND RESPONSIBLE BIDDER ..................................................................................................... 11 

ARTICLE 22. EVALUATION OF BIDS AND AWARD OF CONTRACT .................................................................................. 11 

ARTICLE 23. BID TABULATIONS .............................................................................................................................................. 11 

ARTICLE 24. DISQUALIFICATION OF BIDDER ....................................................................................................................... 12 

ARTICLE 25. CONTRACT SECURITY ........................................................................................................................................ 12 

ARTICLE 26. SIGNING OF AGREEMENT .................................................................................................................................. 12 

ARTICLE 27. DISPUTES ............................................................................................................................................................... 12 

ARTICLE 28. LICENSES, PERMITS, AND CERTIFICATION ................................................................................................... 13 

ARTICLE 29. PREPARATION EXPENSE .................................................................................................................................... 13 

ARTICLE 30. QUANTITIES .......................................................................................................................................................... 13 

ARTICLE 31. NON-COLLUSION ................................................................................................................................................. 13 

ARTICLE 32. CODE OF ETHICS .................................................................................................................................................. 13 

ARTICLE 33. CONFLICT OF INTEREST .................................................................................................................................... 14 

ARTICLE 34. DRUG FREE WORKPLACE PROGRAMS ........................................................................................................... 14 

ARTICLE 35. EEO STATEMENT ................................................................................................................................................. 14 

ARTICLE 36. LEGAL REQUIREMENTS ..................................................................................................................................... 14 

ARTICLE 37. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT ......................................................... 14 

ARTICLE 38. NON-APPROPRIATIONS ...................................................................................................................................... 14 

ARTICLE 39. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP.......................................... 14 

ARTICLE 40. HOURS OF OPERATION FOR RECEIPT OF BIDS ............................................................................................. 14 

ARTICLE 41. HOURS OF OPERATION FOR PURCHASING DEPARTMENT ........................................................................ 15 

ARTICLE 42. CONE OF SILENCE ............................................................................................................................................... 15 

ARTICLE 43. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL ........................................................................ 15 

ARTICLE 44. CONFLICT OF INTEREST STATEMENT ........................................................................................................... 15

Page | 5 


INSTRUCTIONS TO BIDDERS 

INTENT: The intent of this bid is to secure a contractor for the remodel of the aquatics building. Project elements include concrete 

flatwork, installation of two doors and relocating two exhaust fans. Contractor shall provide all labor, equipment, machinery, tools, 

materials to deliver a complete project in accordance with the approved plans and specifications. 

ARTICLE 1. DEFINED TERMS. 

1.1 Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract 

have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to 

Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, 

responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 

The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the 

proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 

1.2 Wellington objects to and shall not consider any additional terms or conditions submitted by a Bidder, including any appearing in 

documents attached as part of any response. In submitting its response, the Bidder agrees that any additional terms or conditions, 

whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with the solicitation 

requirements, specifications, terms and conditions, including those specifying information that must be submitted with a response, 

shall be grounds for rejecting a bid or response. 

ARTICLE 2. COPIES OF BIDDING DOCUMENTS. 

Bidder shall submit one original and one PDF (CD) copy of the following bid to be considered. 

2.1 Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Advertisement or Invitation to 

Bid may be obtained from the Wellington Purchasing Division or downloaded from www.DemandStar.com. 

2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility 

for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 

2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of 

obtaining Bids on the Work and do not confer a license or grant for any other use. 

2.4 AutoCad files and/or raw data will not be provided for use in preparing Bids. 

ARTICLE 3. QUALIFICATIONS OF BIDDERS. 

3.1 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit written evidence such as financial data, 

previous experience, present commitments, and such other data as may be called for below: 

A. Contractor shall be a General Contractor and shall have a minimum of five (5) consecutive year’s experience with 

similar projects. 

B. References from a minimum of five (5) other project owners for comparable projects within the past 5 years. 

C. The Owner reserves the right to request a Bidder under consideration for award to furnish a confidential certified 

financial statement, current within the past quarter, which must be a complete report of the financial resources and 

liabilities or as otherwise requested by the Owner. Regardless of the foregoing, such information will be subject to F.S. 

119.01, et seq. 

3.2 Competency Requirements. Bids will be considered only from firms which are regularly engaged in the business of providing 

the contracting services as described in this Invitation to Bid and who can produce evidence that they have established a satisfactory 

record of performance for a reasonable period of time; have sufficient financial support, sufficient personnel, equipment and 

organization to insure that they can satisfactorily perform the construction of the project if awarded a Contract under the terms and 

conditions herein stated. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and wellestablished 

company in line with the best business practices in the industry and as determined by the proper authorities of the Owner. 

Pre-award inspection of the Bidder’s facility may be made prior to award of Contract.

ARTICLE 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 

4.1 Subsurface and Physical Conditions 

Page | 6 


A. Reports and drawings, if any, will be attached to the Contract Documents. Such reports and drawings may include: 

(1) Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the 

Site. 

(2) Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures 

at the Site (except Underground Facilities). 

B. Copies of reports and drawings will be made available by Owner to any Bidder on request. Those reports and 

drawings are not part of the Contract Documents. Unless otherwise set forth in the Supplementary Conditions, there 

is no “technical data” in any of the reports and drawings that may be relied upon by the Contractor. Bidder is 

responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, 

interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 

4.2 Underground Facilities 

Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to 

the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including 

Owner or others. 

4.3 Hazardous Environmental 

A. Reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site, if 

any, will be attached to the Contract Documents. 

B. Copies of reports and drawings will be made available by Owner to any Bidder on request. Those reports and 

drawings are not part of the Contract Documents. Unless otherwise set forth in the Supplementary Conditions, there 

is no “technical data” in any of the reports and drawings that may be relied upon by the Contractor. Bidder is 

responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, 

interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 

4.4 Costs for such documents will be based on current rates for reproduction and will not be eligible for any refund. 

4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface 

conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or 

unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions 

concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental 

Condition at the site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition 

uncovered or revealed at the site which was not shown or indicated in the Drawings or Specifications or identified in the Bidding 

Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 

4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, 

explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and 

restore the site to its former condition upon completion of such activities. Bidder shall comply with all applicable Laws and 

Regulations relative to excavation and utility locates. 

4.7 It is the responsibility of each Bidder before submitting a Bid, to: 

A. Examine and carefully study the Bidding Documents thoroughly and other related data identified in the Bidding 

Documents; 

B. Visit the site to become familiar with and satisfy Bidder as to the general, local and Site conditions that may affect 

cost, progress, performance or furnishing of the Work; 

C. Become familiar with and satisfy Bidder as to all federal, state and local Laws, rules, regulations, codes, ordinances, 

directives and guidelines that may affect cost, progress, performance or furnishing of the Work;

Page | 7 


D. Carefully study all identified reports, tests and drawings related to surface, subsurface and physical conditions and 

Hazardous Environmental Conditions, if any; 

E. Consider the information known to Bidder; information commonly known to contractors doing business in the 

locality of the Site; information and observations obtained from visits to the site; the Bidding Documents; and the 

identified Site-related reports and drawings, with respect to the effect of such information, observations, and 

documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, 

and procedures of construction to be employed by Bidder, including applying any specific means, methods, 

techniques, sequences, and procedures of construction expressly required by the Bidding Documents; 

F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or 

data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the 

times required, and in accordance with the other terms and conditions of the Bidding Documents; 

G. Become aware of the general nature of the work to be performed by Owner and others, if any, at the Site that relates 

to the Work; 

H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in 

the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and 

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms 

and conditions for the performance of the Work. 

4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every 

requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the 

Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required 

by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that 

Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the 

Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for 

performance and furnishing of the Work. 

ARTICLE 5. PREBID MEETING 

5.1 An Optional Prebid Meeting will be held on October 3, 2012 at 10:30am Local Time at Wellington’s City Hall, 12300 

Forest Hill Boulevard, Wellington, Florida 33414. Representatives of the Owner and Engineer will be present to discuss the Project. 

Bidders are required to attend and participate in the Meeting. Owner will transmit to all prospective Bidders of record such addenda 

as Owner and/or Engineer considers necessary in response to questions arising at the Meeting. The Meeting is not a forum to discuss 

substitute material or equipment from what has been specified for the Project. 

ARTICLE 6. SITE AND OTHER AREAS. 

6.1 Identified Sites will be throughout City limits is identified in the Bidding Documents and pre-bid meeting. Easements for 

permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in 

the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction 

equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. 

ARTICLE 7. INTERPRETATIONS AND ADDENDA. 

7.1 All questions about the meaning or intent of the Contract Documents are to be directed, in writing, to the Owner attention to 

the Purchasing Department as provided in the advertisement/Invitation to Bid (unless another issuing office is designated in the 

advertisement/Invitation to Bid). Interpretations or clarifications considered necessary by the Engineer in response to such questions 

will be issued by Addenda mailed or delivered to all parties recorded by issuing office as having received the Bidding Documents. 

Questions received less than 7 days prior to the date set for the opening of bids may not be answered. Only questions answered 

by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 

7.2 Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of Addenda. All Addenda are a part of the Bid 

documents and each Bidder will be bound by such Addenda, whether or not received by him. It is the responsibility of each Bidder to 

verify that he has received all Addenda issued before Bids are opened. 

7.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or the Engineer.

ARTICLE 8. BID SECURITY. 

8.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent of the Bidder’s 

maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a 

surety meeting the requirements of Paragraph 5.01 of the General Conditions and section 287.0935, Florida Statutes and made payable 

to Wellington. 

8.2 The Bid security of the Successful Bidder shall be retained until such Bidder has executed the Contract Documents and 

furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be 

returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security 

within fifteen days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award and the Bid 

security of the Bidder shall be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of 

receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 

121st day after the posting of the recommended award, whereupon Bid security furnished by such Bidders will be returned. Bid 

security of other Bidders whom Owner believes do not have a reasonable change of receiving the award, will be returned within seven 

days after the Bid opening. 

ARTICLE 9. CONTRACT TIME. 

9.1 This contract term is for the duration designated for this Project in the bid form. If Contract Times are left blank in the Bid 

Form, the time for Substantial Completion and Final Completion are to be set forth by Bidder in the Bid and will be included in the 

Agreement. The times will be taken into consideration by Owner during the evaluation of Bids, and it will be necessary for the 

Successful Bidder to satisfy Owner of Bidder’s ability to achieve Substantial Completion and Final Completion within the times 

designated in the Bid. 

ARTICLE 10. LIQUIDATED DAMAGES. 

10.1 Provisions for liquidated damages, if any, are set forth in the Agreement. 

ARTICLE 11. MATERIALS; SUBSTITUTE OR “EQUIVALENT”. 

11.1 All materials supplied by the Contractor under the provisions of this Bid shall be new materials of the kind and character 

called for in the plans and Specifications. Defective equipment or material damages in the course of installation or tests shall be 

replaced or repaired in a manner satisfactory to the Owner. All materials and equipment to be furnished under this Bid shall be the 

standard product of a manufacturer regularly engaged in the production of such material and shall be the manufacturer’s current 

standard design. 

11.2 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Drawings or specified 

in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or 

specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if 

acceptable to Engineer, written application for such acceptance must be received by Engineer, application for such acceptance will not 

be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by 

Contractor and consideration by Engineer is set forth in Paragraphs 6.05 of the General Conditions and may be supplemented in 

Section 01000: General Requirements. Each such request shall conform to the requirements of Paragraph 6.05 of the General 

Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of 

a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all 

prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 

ARTICLE 12. SUBCONTRACTORS, SUPPLIERS AND OTHERS. 

12.1 If the Bid Form or Specifications require (or if Owner requests after Bids are received) the identity of certain Subcontractors, 

Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be 

submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and 

any other Bidder so requested, shall within seven days after the Bid opening (or seven days after request by Owner) submit to Owner a 

list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such 

identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar 

projects and other evidence of qualifications for each Subcontractor, Supplier, person or organization if requested by Owner. 

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Wellington Council Meeting December 11, 2012 Page 86 of 606

Subcontractors shall be required to meet the Competency of Bidder and References requirements set forth in the General Information 

section of the Contract Documents. If Owner or Engineer after due investigation has reasonable objection to any proposed 

Subcontractor, Supplier, or other person or organization, either may, before the Notice of Award is given, request the apparent 

Successful Bidder to submit an acceptable substitute without an increase in Bid price. 

12.2 If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest 

Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. Declining to make requested 

substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, other person or 

organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be 

deemed acceptable to Owner and the Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as 

provided in Paragraph 6.06 of the General Conditions. All subcontractors, suppliers and other persons and organizations proposed for 

those portions of the work shall be properly licensed to perform such work. 

12.3 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom 

Contractor has reasonable objection. 

ARTICLE 13. PREPARATION OF BID AND BID FORM. 

13.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Owner (or the issuing 

office). Bid submittals must be made on the blank forms provided herein. All blank spaces in the Bid form must be filled in, 

regardless of whether quantities are shown, and no change shall be made either in the phraseology of or in the items mentioned in the 

Bid form. 

13.2 All blanks on the Bid Form must be completed in ink or by typewriter. 

13.3 Each bid form shall specify a unit price written in figures for each of the separate items as called for, except when the Bid 

calls for a lump sum . Lump sum Bids shall be shown in figures. 

13.4 Any Bid submittal which does not contain prices set opposite each of the items for which there is a blank space will be cause 

for rejection. Any items not bid upon shall be indicated “NO BID” in place of the price. Any Bid which in any manner fails to 

conform to the conditions of the published notice will be cause for rejection. 

13.5 In the event of an extension error, the unit price will prevail and the Bidder’s total offer will be corrected accordingly. In the 

event of addition errors, the extended totals will prevail and the Bidder’s total offer will be corrected accordingly. If there is a 

conflict, words take precedence over figures. Discrepancies between the indicated sum of any column of figures and the correct sum 

thereof will be resolved in favor of the correct sum. 

13.6 Bids by corporations or such entities such as, but not limited to a Limited Liability Company must be executed in the 

corporate name by the president, vice-president or manager (or other corporate officer accompanied by evidence of authority to sign) 

and the corporate seal must be affixed and attested by the secretary or an assistant secretary, if applicable. The corporate address and 

state of incorporation must be shown below the signature. 

13.7 Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under 

the signature and the official address of the partnership must be shown below the signature. Bids by Limited Liability Companies 

must be executed in accordance with their corporate documents. Bids by an individual must be signed by the individual and include 

the primary mailing address of the individual. 

13.8 All names must be typed or printed below the signature. Bids must be signed in ink by the Bidder with the signature in full. 

13.9 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid 

Form). 

13.10 The address and telephone number for communications regarding the Bid must be shown. 

13.11 Bids that contain any omission, erasure, alteration, addition, or item not called for, or that show irregularities of any kind, will 

be considered as informal or irregular. This will be cause for the rejection of a Bid. 

13.12 If a Bidder wishes to change unit prices prior to Bid submission, they shall strike the unit price and add the changes in the 

appropriate space. Changes shall be initialed by the person submitting the Bid. Any changes or alteration of unit prices in the Bid 

shall be initialed. Failure to initial these changes or illegible entries of corrections or unit prices may be cause for the rejection of the 

Bid as informal or irregular. 

ARTICLE 14. VARIANCES. 

14.1 The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the 

Specifications for the Contract being bid. For purposes of Bid evaluation, Bidder must indicate any variances to the Contract 

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Documents, including but not limited to, Specifications, terms and conditions, no matter how slight. If variations are not stated in the 

Bid, it shall be construed that the Bid fully complies with the Bidding Documents, including but not limited to, Specifications, terms 

and conditions as given herein. 

ARTICLE 15. VENDOR SERVICE REPRESENTATIVE. 

15.1 The Bidder must submit with its Bid the name, address and phone number of the person(s) to be contacted for the placement 

of an order and coordination of service. A contact for regular work-hours and after-hours, weekends, and holidays must be submitted 

with the Bid. 

ARTICLE 16. SUBMISSION OF BIDS. 

16.1 Bids shall be submitted no later than at the date and time prescribed and at the place indicated in the Advertisement 

/Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Bid Number (and, if applicable, the designated 

portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and 

other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a 

separate envelope with the notation ITB # 114-12/DZ enclosed for Remodel of Aquatics Building to be opened at 11:00am local 

time, October 11, 2012 on the face of it. 

16.2 It is the sole responsibility of the Bidder to ensure that the Bid reaches the Clerk’s Office on or before the closing date and 

time. The Owner shall in no way be responsible for delays caused by any occurrence or excuse. Offers by telephone, telegram or 

facsimile will not be accepted. The Bid time shall be scrupulously observed. Under no circumstances shall Bids delivered after the 

date and time specified be considered. Such Bids will be returned unopened to the Bidder. 

16.3 All Bids must be submitted with one (1) original and one PDF (CD) copy. 

16.4 The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the Contract Documents are 

sufficient in scope and detail to indicate and convey a clear understanding of all terms and conditions for performance. 

16.5 Failure to provide the required documentation and information with the Bid submitted shall make the Bidder nonresponsive 

unless the Owner, in its sole discretion and in the best interests of the Owner, determines the acceptability of the materials and value 

engineering offered through documentation and information available within Wellington as of the date and time of the Bid opening. 

16.6 Neither the Village of Wellington nor its representatives shall be liable for any expenses incurred in connection with the 

preparation, submission or presentation of a response to this ITB. 

ARTICLE 17. MODIFICATION AND WITHDRAWAL OF BIDS. 

17.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) 

and delivered to the place where Bids are to be submitted at any time prior to date and time set for the opening of Bids. Any Bid not 

so withdrawn shall, upon opening, constitute an irrevocable offer until one or more of the Bids have been duly accepted by the Owner. 

17.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly 

thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of 

its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be 

disqualified from further bidding on the Work. 

17.3 A Bidder shall not be allowed to modify its Bid after the opening date and time except as otherwise set forth herein. 

ARTICLE 18. OPENING OF BIDS. 

18.1 Bids will be opened publicly as indicated in the Advertisement or Invitation to Bid. 

18.2 When Bids are opened publicly they will be read aloud, and the amounts of the base Bids and major alternates (if any) will be 

made available after the opening of Bids. 

18.3 Bid files may be examined during normal working hours, after Bid opening, by appointment and pursuant to Florida Statutes. 

ARTICLE 19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. 

All Bids will remain subject to acceptance for 120 days after the posting of the intended recommended award, but Owner may, in its 

sole discretion, release any Bid and return the Bid security prior to that date. 

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ARTICLE 20. ADDITIONAL TERMS AND CONDITIONS. 

20.1 No additional terms and conditions included with the Bid response shall be evaluated or considered and any and all such 

additional terms and conditions shall have no force and effect and are inapplicable to this Bid, whether submitted either purposely 

through intent or design or inadvertently appearing separately in transmittal letters, Specifications, literature, price lists or warranties. 

It is understood and agreed that these Instructions, the General and Supplementary Conditions and the Specifications in this Bid 

solicitation are the only conditions applicable to this Bid and the Bidder’s authorized signature affixed to the Bid form attest to this. 

ARTICLE 21. RESPONSIVE AND RESPONSIBLE BIDDER. 

21.1 Only those Bidders considered both responsive and responsible shall be considered for award of a Contract by the Owner. A 

responsive Bidder shall be a person, firm, partnership, or corporation or other entity who has submitted a Bid, which conforms in all 

material respects to the Contract Documents and the requirements of the Bidding Document. A responsible Bidder shall be a person, 

firm, partnership, corporation or other such entity who has the capability in all respects to perform fully the Contract Document 

requirements and has the integrity and reliability which will assure the good and faithful performance of the Contract. 

ARTICLE 22. EVALUATION OF BIDS AND AWARD OF CONTRACT. 

22.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in 

the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, 

unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be 

in the best interest of the Project to make an award to the Bidder, whether because the Bid is not responsive or the Bidder is 

unqualified or of doubtful financial ability or fails to meet the Competency of Bidder and Reference requirements set forth herein or 

fails to meet any other pertinent standard or criteria established by Owner. 

22.2 In evaluating Bids, Owner will consider the qualifications, competency and references of the Bidders, whether or not the Bids 

comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior 

to the Notice of Award. 

22.3 Owner may consider the qualifications, competency, and experience of Subcontractors, Suppliers and other persons and 

organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and 

organizations must be submitted as provided in Supplementary Conditions (or as requested by Owner after the Bids are received). 

Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials 

and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 

22.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the 

responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations 

to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 

22.5 If the Contract is to be awarded, it will be awarded to the lowest, responsive and responsible Bidder whose evaluation by 

Owner indicates to Owner that the award will be in the best interests of the Project and subject to Owner’s Local Preference Policy 

(Resolution R2009-91) The Owner may consider any substitutions or alternates in the determination of the lowest Bidder. In no case 

will the award be made until all necessary investigations have been made into the responsibility of the low Bidder and the Owner is 

satisfied that the Bidder is qualified to provide and construct the project to the satisfaction of the Owner. No Bid shall be accepted 

from, nor will any Contract be awarded to any Bidder who is in arrears to the Owner upon any debt or Contract or who is a defaulter 

as surety or otherwise upon any obligation to the Owner or who has failed to perform faithfully any previous Contract with the Owner 

or other party as determined by the Owner. 

22.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 120 days after the posting 

of the recommended award. 

22.7 When Bidder is permitted to designate the Contract Time, Bid prices will be compared after adjusting for differences in the 

time designated in the Bid for Substantial Completion. 

ARTICLE 23. BID TABULATIONS 

23.1 Bid tabulations with recommended awards will be posted for review at the offices of the Clerk, 12300 Forest Hill Boulevard, 

Wellington, Florida and DemandStar, and will remain posted for a period of 72 hours. Bid tabulations will be furnished upon 

written request with an enclosed, self-addressed, stamped envelope. Bid tabulations will not be provided by telephone. The 

Purchasing Department is the only Wellington department authorized to give information about or make Bid awards. 

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23.2 In the event there is a tie and one of the highest ranked proposers is a Western Communities local business, the award shall 

be made to the Western Communities local business. If a tie is between a Palm Beach County local business and a non-local business, 

the award the award shall be made to the Palm Beach County local business. If a tie occurs between two or more of either Palm 

Beach County local business or Western Communities local business, or non-local business, then the tie shall be broken by flipping a 

coin (R2009-91). 

If a tie occurs between two non-local vendors than preference shall be given to those firms who have implemented a Drug Free 

Workplace Program. If the tied non-local firms all have Drug Free Workplace Programs, then the tie shall be decided by flipping a 

coin. 

ARTICLE 24. DISQUALIFICATION OF BIDDER 

24.1 Bidder may be disqualified and its Bid rejected for any of the following: 

a) Bidder does not meet the Competency of Bidder and Reference requirements set forth herein. 

b) Reason to believe that collusion exists among or between Bidders 

c) Unbalanced Bid; that is, Bid in which the prices bid for some items are out of all proportion to those Bids of others. 

d) Bidder’s uncompleted workload, which in the judgment of the Owner, may cause detrimental impact or impair the 

prompt completion of this Contract. 

e) Lack of responsibility on the part of Bidder, (for example, no Bidder would be considered responsible who had failed to 

carry out any Contract in which the Owner had been directly or indirectly concerned), or to which Bidder failed to 

perform on other projects. 

f) A determination by Owner of the Contractor’s lack of experience or lack of competency as may be revealed by 

qualification statements, financial statements, experience records, references, or other questionnaires. 

g) Substantial evidence of bad character or dishonesty. 

h) Bidder is involved in any current litigation with Owner. 

i) Bidder has defaulted on any contract or is in arrears on any contract. 

24.2 RESERVATIONS: Wellington expressly reserves the right to: 

a) Specify approximate quantities in the bid 

b) Extend the bid opening date and time 

c) Consider and accept alternate bids, if specified in the bid documents, when most advantageous to Wellington 

d) Add additional terms or modify existing terms in the bid; 

e) Reject or cancel any or all bids; 

f) Reissue a bid; and/or 

g) Procure any item by other means 

ARTICLE 25. CONTRACT SECURITY. 

25.1 

ARTICLE 26. SIGNING OF AGREEMENT. 

26.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned 

counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter, the Contractor shall 

sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. In 

the event the successful Bidder fails to execute the Contract and return same to the Owner within the stipulated fifteen (15) days, the 

Owner may disqualify the Bid, and said Bidder shall not be permitted to contest to the contrary and does waive such right upon 

submitting a Bid. 

ARTICLE 27. DISPUTES 

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27.1 Any actual or prospective Bidder, Proposer, or Contractor who is aggrieved in connection with a solicitation or award of a 

Bid or contract may avail themselves of the procedures contained in Section 2-335 of the Wellington Code of Ordinances as amended 

for time to time and the Owner’s Purchasing and Procurement Manual in order to resolve disputed matters or complaints. 

27.2 The Owner shall post a tabulation of the Bid results with intended award recommendations. Posting shall be in the Clerk’s 

Office and shall be on display for public viewing. All Bidders, Proposer, Offeror or Contractors affected by the proposed award of 

contract will also be notified by the Owner at the time of posting, via telefax or other means, of the intended award. 

27.3 Any actual or prospective Bidder, Proposer, Offeror, or Contractor who is aggrieved in connection with the solicitation or 

award of contract may file a written protest to the Clerk’s Office between the hours of 7:00 a.m. and 6:00 p.m. (Monday – Thursday) 

Protests shall contain the name, address, and phone number of the petitioner, name of petitioner's representative (if applicable), the 

name and bid number of the solicitation. The protest shall specifically describe the subject matter, facts giving rise to the protest and 

also the action requested from the Owner. 

27.4 The written protests must be received no later than 72 consecutive hours (excluding Fridays, Saturdays, Sundays and legal 

holidays) from the time of initial posting. Failure to file a timely formal written protest within the time period specified shall 

constitute a waiver by the vendor of all rights of protest under this Bid/Proposal Protest Procedure. 

27.5 In the event of a timely protest, the Owner shall not proceed further with the solicitation or with the award of the bid/contract 

until all administrative remedies have been exhausted or until the Owner determines that the award of the bid/contract without delay is 

necessary to protect the public health, welfare or safety. 

ARTICLE 28. LICENSES, PERMITS, AND CERTIFICATION. 

28.1 It shall be the responsibility of the Contractor to obtain at no additional cost to the Owner any and all licenses and permits 

required to complete this Contractual service. 

28.2 When applicable, vendor must hold a Certificate of Competency issued by the State of Florida or the Palm Beach County 

Construction Industry Licensing. 

28.3 An Occupational License obtained from Wellington shall be required of any person maintaining a permanent business 

location or branch office within Wellington. Applications and fee schedules may be obtained from Wellington, Planning, Zoning, 

Building & Code Compliance Departments, 12300 Forest Hill Boulevard, Wellington, Florida 33414. Call the PZB Office at 561- 

753-2430 for assistance and additional information. 

28.4 A copy of any licenses and permits shall be submitted with the Bid and must be in the name of the vendor shown on the Bid 

submittal. 

ARTICLE 29. PREPARATION EXPENSE. 

29.1 Neither the Owner nor its representatives will be liable for any expenses incurred in connection with the preparation of any 

Bid. 

ARTICLE 30. QUANTITIES. 

30.1 In the case of unit price items, the quantities of materials to be furnished under this Contract, as given in the Bid, are to be 

considered as approximate only and are to be used solely for the comparison of Bids received. The Owner nor its representatives does 

not expressly or by implication represent that the actual quantities involved will correspond exactly therewith; nor shall the Bidder 

place misunderstanding or deception because of such estimate or quantities. Payment to the Contractor will be made only for the 

actual quantities of material furnished in accordance with the Contract Documents, and it is understood that the quantities may be 

increased or diminished as provided in the General Conditions without in any way invalidating any of the unit prices Bids. 

ARTICLE 31. NON-COLLUSION. 

31.1 Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any individual, firm, 

partnership, corporation or other entity submitting a Bid for the same materials, services, supplies, or equipment and is in all respects 

fair and without collusion or fraud. No premiums, rebates, or gratuities are permitted with, prior to, or after any delivery of material or 

provisions of services. Any violation of this provision may result in Contract cancellation, return of materials or discontinuation of 

services, and the possible removal of Bidder from the vendor Bid list(s). 

ARTICLE 32. CODE OF ETHICS. 

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32.1 If any Bidder violates or is a party to a violation of the Code of Ethics of the Owner and/or of the State of Florida with 

respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or 

services for which this Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or 

services for the Owner. A copy of Wellington’s and the State of Florida’s ethics codes are available at the Clerk’s Office, 12300 

Forest Hill Boulevard, Wellington, Florida, 33414. 

ARTICLE 33. CONFLICT OF INTEREST. 

33.1 The award is subject to any and all applicable conflict of interest provisions found in the policies or Code of Ordinances of 

Wellington and found in the Florida Statutes. All Bidders must disclose with their Bid the name of any officer, director, or agent who 

is also an employee of Wellington. Further, all Bidders must disclose the name of any Wellington employee who owns, directly or 

indirectly an interest of 5% or more in the Bidder’s legal entity or any of its affiliates, subsidiaries or branches in accordance with 

Florida Statutes. 

ARTICLE 34. DRUG FREE WORKPLACE PROGRAMS. 

34.1 Preference may be given to businesses with Drug-Free Work Place Programs. Whenever two or more Bids which are equal 

with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid 

received from a business that completes the attached DFW form certifying that it is a DFW may be given preference in the award 

process. 

ARTICLE 35. EEO STATEMENT. 

35.1 The Owner is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws 

prohibiting discrimination on the basis of race, color, religion, national origin, age, and sex. 

ARTICLE 36. LEGAL REQUIREMENTS. 

36.1 Federal, State, County and Owner laws, ordinances, rules, codes, guidelines, directives and regulations that in any manner 

affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. 

ARTICLE 37. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT. 

37.1 The Bidder certifies that all equipment and materials contained in this Bid shall meet all O.S.H.A. requirements. Bidder 

further certifies that, if it is the successful Bidder and the equipment and/or materials delivered are subsequently found to be deficient 

in any O.S.H.A. requirements in effect on the date of delivery, all costs necessary to bring the equipment and/or materials into 

compliance with the aforementioned requirements shall be borne by the Bidder. 

ARTICLE 38. NON-APPROPRIATIONS. 

38.1 The obligations of the Owner to make a Bid award and sign an agreement under the terms of this "Invitation to Bid" are 

contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Owner, at its sole 

discretion, shall have the right to reject all Bids. 

ARTICLE 39. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP. 

39.1 All material submitted regarding this Bid becomes the property of the Owner. Bids may be reviewed by any person thirty 

(30) days after the public opening or after Notice of Intent is issued, whichever is first. Bidder should take special note of this as it 

relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person 

after the contract has been executed by the Owner. The Owner has the right to use any or all information/material submitted in 

response to this bid and/or any resulting contract from the same. Disqualification of a Bidder does not eliminate this right. 

ARTICLE 40. HOURS OF OPERATION FOR RECEIPT OF BIDS. 

40.1 All bids must be received in the Wellington Clerk’s Office, 12300 Forest Hill Boulevard, Wellington, Florida 33414. The 

Clerk’s Office shall be open and available for the receipt of bids according to the following schedule. Bids may be submitted 

Monday through Thursday from 7:00 a.m. to 6:00 p.m. The Clerk’s Office is closed and unavailable for the receipt of bids on 

Fridays, Saturdays, Sundays, and legal holidays. 

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ARTICLE 41. HOURS OF OPERATION FOR PURCHASING DEPARTMENT. 

41.1 Wellington’s Purchasing Department is available to provide bid clarifications and interpretations, answer questions and 

inquiries, and fulfill requests for information, during regular hours of operation. Those regular hours of operation are Monday through 

Thursday from 7:00 a.m. to 6:00 p.m. The Purchasing Department is closed on Fridays, Saturdays, Sundays, and legal holidays. 

ARTICLE 42. CONE OF SILENCE. 

42.1 From the time of advertising until an award of the bid, any Bidder or any of their representatives or agents are prohibited 

from any communication with the Wellington Manager and Wellington Council members. All communication shall be restricted to 

the Purchasing Department. This does not apply to oral presentations before Selection Committees, contract negotiations, or public 

presentations made to the Wellington Council during any duly noticed public meeting. Violation of these provisions shall cause any 

Bid proposal to be rejected or any Bid award voidable. 

ARTICLE 43. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL 

43.1 In accordance with Palm Beach County ordinance number 2011-009, the offeror understands that any Contract that results 

from this RFP may be subject to investigation and/or audit by the Palm Beach County Inspector General. The offeror has reviewed 

Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 

ARTICLE 43. CONFLICT OF INTEREST 

44.1 The award is subject to any and all applicable conflict of interest provisions found in the policies or Code of Ordinances of 

Wellington, the Palm Beach County Code of Ethics and Ch. 112, Part III, Florida Statutes. All Bidders must complete the Conflict of 

Interest Statement attached hereto. The Bidder’s duty to disclose is of a continuing nature and any conflict of interest shall be 

immediately brought to the attention of WELLINGTON. 

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END OF SECTION

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TRAFFIC CONTROL & MAINTENANCE 

1. The Maintenance of Traffic Plan and all traffic warning and control devices shall conform to the applicable provisions of the 

latest editions of the national “Manual On Uniform Traffic Control Devices” (MUTCD), and the 600 series of the Florida 

Department of Transportation’s “Roadway and Traffic Design Standards”. The MOT Plan shall be prepared by a Florida 

MOT Certified Technician if FDOT standard details are used. If FDOT standard details are not used, a Professional Engineer 

licensed in Florida shall prepare the MOT Plan. MOT Plans shall be submitted to appropriate agencies for approval. 

2. There will be no separate payment for the fee for Engineering Services, if required. 

3. The CONTRACTOR, at all times, shall conduct the work in such a manner as to insure the least obstruction to traffic as is 

practical. The safety and convenience of the general public and of the businesses adjacent to the work shall be provided for in 

a satisfactory manner, as determined by the ENGINEER, and/or Wellington. 

4. Streets shall not be closed, except in accordance with the approved MOT plan, and whenever the street is not closed, the 

work must be conducted with the provision for a safe passageway for vehicular and pedestrian traffic at all times. The 

CONTRACTOR shall make all necessary arrangements with Wellington and ENGINEER concerning maintenance of traffic 

and selection of detours required. 

5. As applicable, The CONTRACTOR shall submit to ENGINEER for submittal to Wellington, for review and approval, a 

Conceptual Traffic Control Plan at the Prework Conference, identifying the phases of construction that the CONTRACTOR 

plans to proceed with and identifying traffic flows during each phase. When the conceptual Traffic Control Plan has been 

approved, the CONTRACTOR shall prepare and submit for review to ENGINEER for submittal to Wellington, a detailed 

Traffic Control Plan for each phase of the work, indicating the proposed location of construction signs, channelizing devices, 

temporary pavement markings and symbols, lighting devices, barrier walls, modifications to traffic signals and all other 

required devices as applicable. The detailed plan shall be reviewed by Wellington and other governmental agencies having 

jurisdiction with all comments forwarded to the CONTRACTOR. No work within the public right-of-way shall commence 

until the detailed M.O.T. plan has been approved in writing by all governmental agencies having jurisdiction. Upon the start 

of construction, the CONTRACTOR shall comply with all provisions of the detailed Maintenance of Traffic Plan. In the 

event of non-compliance by the CONTRACTOR, Wellington will have the authority to order the CONTRACTOR to cease 

construction operations without compensation of time or money until the violations have been corrected.

Page | 17 


Please submit your proposal in this order 

BID PROPOSAL CHECKLIST 

YES___ NO___ 1. Bid submittal – one (1) original and one (1) PDF (CD) Copy 

YES___ NO___ 2. Bid Form signed by authorized representative 

YES___ NO___ 3. Acknowledgment of addendums 

YES___ NO___ 4. Bid Bond/Security or Cashier’s Check 

YES___ NO___ 5. Schedule of Value 

YES___ NO___ 6. Schedule of Subcontractor/Supplies 

YES___ NO___ 7. Schedule of Equipment and Materials 

YES___ NO___ 8. Sworn Statement under Section 287.133(3) (a) 

YES___ NO___ 9. Drug Free Workplace 

YES___ NO___ 10. Trench Safety Affidavit 

YES___ NO___ 11. Questionnaire 

YES___ NO___ 12. References 

YES___ NO___ 13. Insurance Certificates 

YES___ NO___ 14. Copy of Appropriate Licenses 

YES___ NO___ 15. Proof of Workers Compensation Insurance/Workers Compensation Exemption Affidavit 

YES___ NO___ 16. Local Vendor/Contractor Affidavit 

YES___ NO___ 17. Conflict of Interest Statement

Page | 18 


BID BOND/SECURITY 

(FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE) 

KNOW ALL MEN BY THESE PRESENTS, that we ___________________________________________________________ 

____________________________________________________________________________________________________ 

as Principal, hereinafter called the Principal, and _______________________________________________________________ 

_____________________________________________________________________________________________________ 

a corporation duly organized under the laws of the State of ________________________ as Surety, hereinafter called the Surety, are 

held and firmly bound unto Wellington, Purchasing Dept., 12300 Forest Hill Boulevard, Wellington, FL 33414 

as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of amount bid for the payment of which sum well and 

truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, 

jointly and severally, firmly by these presents. 

WHEREAS, the said Principal has submitted a bid for Remodel of Aquatics Building 

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee 

in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with 

good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in 

the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the 

Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such 

larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this 

obligation shall be null and void, otherwise to remain in full force and effect. 

Signed and sealed ______________________ 

Witnesses: __________________________________________ 

Seal 

__________________________________ By:_______________________________________ 

__________________________________________ 

Seal 

__________________________________ By:_______________________________________


BID FORM 


PROJECT: Remodel of Aquatics Building Date:_________________ 

BIDDER:______________________________________________________________________________ 

THIS BID IS SUBMITTED TO: 


Clerk’s Office 


Wellington, FL 33414 

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form 

included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the 

Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the 

Contract Documents. 

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including 

without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days 

after the posting of the recommended award. BIDDER will sign and submit the Agreement with the Bonds and other documents 

required by the Bidding Requirements within 15 days after the date of OWNER'S Notice of Award. 

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: 

(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby 

acknowledged): 

Date______________________ Addenda Number_________ 



(b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, Site, locality, and all local 

conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 

(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which, 

if any, are attached to the Contract Documents, as provided in Paragraph 4.02 of the General Conditions, and accepts the 

determination as set forth in the Bidding Documents of the extent of the technical data contained in such reports and drawings 

upon which BIDDER is entitled to rely. 

(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such 

examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which 

pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing 

of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the 

Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the 

provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, 

reports or similar information or data are or will be required by BIDDER for such purposes. 

(e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to 

existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said 

Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in 

respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the 

Contract price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, 

including specifically the provisions of Paragraph 4.04 of the General Conditions. 

Page | 19

Page | 20 

(f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and 

studies with the terms and conditions of the Contract Documents. 

(g) BIDDER has given OWNER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract 

Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. 

(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not 

submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not 

directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced 

any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any 

advantage over any other Bidder or over OWNER. 

4. BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein, for the 

Prices BIDDER provides on the Schedule of Values. 

5. BIDDER declares it understands that the unit quantities shown on the Bid Form Unit Price Schedule are approximate only and 

not guaranteed and are subject to either increase or decrease; and that should the quantities of any of the items of Work be 

increased, the BIDDER agrees to do the additional Work at the unit prices set out herein, and should the quantities be decreased, 

BIDDER also understands that final payment shall be made on actual quantities completed at the unit prices, and shall make no 

claims for anticipated profits for any decrease in the quantities. 

6. The BIDDER further declares its understands the OWNER may elect to construct only a portion of the Work covered by these 

Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the unit prices 

quoted herein. 

7. BIDDER agrees that the Work: 

Remodel of Aquatics Building shall be Substantially Complete within 60 days of Notice to Proceed and Finally Complete 

within 90 days of Notice to Proceed. Work hours Monday – Thursday 7:00am to 6:00pm, excluding holidays. No Friday or 

weekend work without prior approval from Village Designee. 

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 

8. The following documents are attached to and made a condition of this Bid: 

(a) Required Bid security in the form of Bid Bond. 

(b) Schedule of Values. 

(c) List other documents as pertinent. 

9. Communications concerning this Bid shall be telephoned or addressed to: 

Name: ________________________________________________________________________ 

Address: _______________________________________________________________________ 

_______________________________________________________________________ 

Phone No.: ___________________________ Fax: _______________________________ 

10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the 

Contract Documents have the meanings assigned to them in the General Conditions. 

11. BIDDER'S Florida Contractor's License No.___________________________ 

12. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER'S 

qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five 

days of request by OWNER to provide evidence. 

If BIDDER is 


An Individual 

Page | 21 

Name____________________________________________________________________(SEAL) 

Signature:______________________________________________________________________ 

Doing business as _______________________________________________________________ 

Business Address:_______________________________________________________________ 

______________________________________________________________________________ 

Phone Number:_____________________ Fax Number_________________________ 

A Partnership 

Firm's Name _____________________________________________________________ (SEAL) 

General Partner Signature:_________________________________________________________ 

Business Address:________________________________________________________________ 

_______________________________________________________________________________ 

Phone Number:_____________________ Fax Number_________________________ 

A Corporation 


Corporation's Name ________________________________________________________(SEAL) 

State of Incorporation _____________________________________________________________ 

Authorized Person: _______________________________________________________________ 

Title: __________________________________________________________________________ 

Signature:______________________________________________________________________ 

Attest:________________________________________________________________ (Secretary) 

Signature:______________________________________________________________________ 

Business Address:________________________________________________________________ 

_______________________________________________________________________________ 

Phone Number:_____________________ Fax Number_________________________

Page | 22 

SCHEDULE OF VALUES 


Item Description Estimated 

Quantity 

1 



(per bid documents and drawing sheets 1-2) 

TOTAL CONTRACT PRICE 

Unit of 

Measure 

1 LS 

Unit Price Total for 

Item 

BIDDER/CONTRACTOR understands and agrees that this is a Lump Sum Contract and that successful contractor shall prepare and 

submit a detailed Schedule of Values to Wellington for approval prior to first payment application.

Page | 23 


SCHEDULE OF SUBCONTRACTORS 


Discipline Subcontractor Address City, ST, Zip License Number 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

Address of Subcontractor may be considered in accordance with Wellington’s Local Preference Policy 

Resolution No. R2009-91

Page | 24 


SCHEDULE OF EQUIPMENT AND MATERIALS 


Item Manufacturer Description 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________ 

______________________________________________________________________________________

Page | 25 


SALES TAX RECOVERY PROGRAM SPECIAL CONDITIONS 

FOR OWNER FURNISHED MATERIALS AND EQUIPMENT 

During the course of this Project, Wellington (hereinafter referred to as “Owner”) may issue a Change Order or Change Orders to 

delete from the contract certain items that the Owner desires to purchase directly and furnish to Contractor for use in the Project. 

Contractor agrees that if Owner desires to issue such Change Order(s), Contractor will assist the Owner in identifying appropriate 

materials and equipment to be included in the Change Order(s), will execute such Change Order(s) and will participate in this tax 

savings program at no additional cost to the Owner. Furthermore, Contractor agrees to abide by and comply with the following 

Special Conditions. 

1. Sales and Use Taxes. The Owner is exempt from paying sales and use taxes on materials and equipment purchased for, and 

incorporated into the Remodel of Aquatics Building, Bid No. 114-12/DZ , (hereinafter the “Project”). The Owner shall 

make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as agreed to by the 

Contractor and agreed upon by the Owner in the form of a Change Order. All direct purchases of materials and equipment 

shall be made by the Owner with funds specifically allocated for the construction of the Project. Material suppliers shall be 

competitively bid by the Contractor and its subcontractors. The Contractor shall include the price for all construction 

materials in its bid. The Contractor shall provide the Owner a list of all intended suppliers, vendors, etc. for consideration as 

Owner Purchased Materials. This list shall be submitted at the same time as the preliminary schedule of values in accordance 

with 2.05 of the General Conditions. The Contractor shall submit price quotes from the vendors, as well as a description of 

the materials to be supplied, estimated quantities and prices and as provided below. The Contractor shall notify the Owner no 

later than 10 calendar days after request by Owner of the requested materials and equipment to be purchased by the Owner 

for the Project. The standard Owner Terms and Conditions applicable to this program are included as Attachment A to this 

section. Each equipment supplier of equipment to be provided under the Sales Tax Recovery Program shall be obligated to 

meet the requirements of the Owner of Wellington Terms and Conditions and the Project Technical Specifications. 

1.1 The Contractor shall: (a) compile Contractor’s and any Subcontractors’ itemized requirement for materials and 

equipment, including quantities, unit costs, manufacturers’ or vendors’ catalogue or order numbers, delivery 

instructions, and other specific terms and information that are required to order the specific materials and equipment, 

and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and 

quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the 

Construction Contract, from time to time, during the construction of the Project, as materials and equipment need to 

be ordered for the Project, and submit such compilation to the Owner: (b) prepare a requisition for such materials 

and equipment on the Owner’s form of requisition: and (c) deliver any such requisition to the Owner no less than 

thirty (30) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, 

requires orders for such materials or equipment to be placed to assure delivery of such materials or equipment to the 

Site in accordance with the Project Schedule (the “Order Date”). The requisition shall identify the Order Date. . 

The Owner shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Order Date 

(a Purchase Order). The Owner shall include with any such Purchase Order, a copy of the Owner’s sales and use tax 

exemption certificate and a copy of the Owner’s Certificate of Entitlement required under F.A.C. Rule 12A- 

1.094(4)(c). The Owner shall make direct payment to the vendor from the Owner’s account. 

1.2 The Contractor, upon the delivery of any such materials or equipment, shall verify the conformity of such materials 

or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor determines that 

the materials and equipment are conforming, the Owner shall take title and possession of such material and 

equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that 

the materials and equipment are non-conforming, the Contractor shall immediately notify the Owner in writing and 

the Owner shall reject such material and equipment. 

1.3 The Owner shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax 

exemption, subject to the provisions of section 1.10 below. The Owner shall maintain Builder’s Risk Insurance for 

the full insurable value for all materials and equipment purchased as a result of the Owner Sales Tax Recovery 

Program herein. This coverage shall be in addition to all other coverage required in Section 1.11 below or as 

otherwise provided in these Contract Documents. 

1.4 To the extent that materials and equipment are purchased pursuant to the Owner’s sales and use tax exemption, the 

Contractor shall reduce the Contract Amount and the penal sum of its public construction bond by 1.06 times the 

cost of the materials and equipment purchased directly by the Owner.

Page | 26 


1.5 The Contractor shall be fully responsible for all matters relating to the receipt of materials and equipment furnished 

by the Owner in accordance with this Special Condition, including, but not limited to, the responsibility for 

verifying correct quantities, verifying documents or orders in a timely manner, coordinating purchases, providing 

and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the 

materials and equipment at the time of delivery, and loss or damage to materials and equipment following 

acceptance of items due to the negligence of such Contractor or any Subcontractors or other party. The Contractor 

shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally 

required by such Contractor for the particular materials and equipment furnished. The Contractor shall provide or 

arrange for all services required for the unloading, handling and storage of such materials and equipment through 

installation. 

1.6 The Contractor shall visually inspect all shipments from material and equipment vendors purchased directly by the 

Owner in accordance with this Special Condition (the “Owner Furnished Materials”) and approve the vendors’ 

invoices for materials or equipment delivered, as Owner Furnished Materials are furnished to the Site in accordance 

with this Special Condition. The Contractor shall assure that each delivery of the Owner Furnished Materials is 

accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This 

documentation may consist of a delivery ticket and an invoice from the vendor conforming to the Purchase Order, 

together with such additional information as the Owner may require. The Contractor shall deliver to the Owner all 

invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform 

exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for Owner Furnished 

Materials, the Owner shall accept such materials and deliver such invoice to the Owner for payment directly to the 

vendor. 

1.7 The Contractor shall inspect all Owner Furnished Materials to determine that such Owner Furnished Materials 

conform to the Contract Documents, including the Drawings and Specifications, and to determine prior to 

incorporation into the Work whether any such Owner Furnished Materials are patently defective, and whether such 

Owner Furnished Materials are identical to the materials ordered and match the description of the bill of lading and 

the Purchase Order. If Contractor discovers defective or non-conforming Owner Furnished Materials upon such 

visual inspection, Contractor shall: (1) not recommend acceptance of such non-conforming materials and 

equipment, (b) not utilize such non-conforming or defective materials in the Work; (c) not allow Subcontractor to 

utilize such non-conforming or defective materials in the Work; and (d) promptly notify the Owner, in writing, of 

the defective or non-conforming condition so that repair or replacement of those Owner Furnished Materials can 

occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such 

inspection or otherwise incorporates into the Work such defective or non-conforming Owner Furnished Materials, 

the Contractor shall be responsible for the repair and replacement of defective or non-conforming materials, at its 

sole cost and expense. 

1.8 The Contractor shall maintain written and detailed records of all Owner Furnished Materials incorporated into the 

Work from the stock of Owner Furnished Materials. The Contractor shall account monthly to the Owner for any 

Owner Furnished Materials delivered to the Site, indicating which Owner Furnished Materials have been 

incorporated into the Work. 

1.9 The Contractor shall be responsible for obtaining and managing all warranties and guarantees for all Owner 

Furnished Materials. All repair, maintenance or damage-repair calls shall be forwarded by the Owner to the 

Contractor for resolution with the appropriate vendor, supplier or Subcontractor. The Contractor warrants represents 

and covenants that it shall be responsible for all warranties and guarantees of the Owner Furnished Materials. 

1.10 After the Owner takes possession of the Owner Furnished Materials at the Site, possession of the Owner’s Furnished 

Material shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of 

Owner Furnished Materials from the Owner to the Contractor shall constitute a bailment for the mutual benefit of 

the Owner and such Contractor. The Owner shall be considered the bailor and such Contractor the bailee of the 

Owner Furnished Materials. Owner Furnished Materials shall be considered returned to the Owner for purposes of 

their bailment at such time as they are incorporated into the Project or consumed in the process of completing the 

Project and they are accepted in writing by the Owner upon final completion and acceptance of the Project by the 

Owner.

Page | 27 


1.11 The Contractor shall purchase and maintain Builder’s Risk Insurance sufficient to protect against loss of or damage 

to Owner Furnished Materials. Such insurance shall cover the full value of any Owner Furnished Materials between 

the time the Owner and or Contractor or its agents first takes title to and possession of any of such Owner Furnished 

Materials until final completion of the Work. The Contractor shall also maintain any other insurance with such 

deductible amounts that the Owner deems necessary as it relates to the Owner Furnished Materials. 

1.12 The Owner shall not be liable for any interruption or delay damages in the Project by virtue of ordering the Owner 

Furnished Materials, for any defects or other problems with the Project by virtue of ordering the Owner Furnished 

Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the Owner Furnished 

Materials. 

1.13 The Contractor, on a monthly basis, shall review invoices submitted by all vendors of Owner Furnished Materials 

delivered to the Site during the prior month and either concur or object to the Owner’s issuance of payment to the 

vendors, based upon such Contractor’s records of materials delivered to the Site and whether any of the Owner 

Furnished Materials for which payment has not been made were either non-conforming or defective. 

1.14 In order to arrange for the prompt payment to the vendor, the Contractor shall provide to the Owner a list of the 

acceptance of the goods or materials within fifteen (15) days of receipt of said goods or materials. Accompanying 

the list shall be a copy of the applicable Purchase Order, invoices, delivery tickets, written acceptance of the 

delivered items, and such other documentation as may be reasonably required by the Owner. Upon receipt of the 

appropriate documentation, the Owner shall prepare a check payable to the vendor based upon the receipt of data 

provided. This check will be released, delivered and remitted directly to the vendor. The Contractor shall assist the 

Owner to immediately obtain partial or final release of waivers as appropriate. The Owner shall not make any 

payment without the appropriate Contractor’s concurrence and approval, which shall be delivered to the Owner. 

There shall be no retention on Owner Furnished Materials against either the vendor, the Contractor(s) or the 

Subcontractor(s). 

1.15 The Contractor and or/the Owner may, in its or their reasonable discretion, require certain material and equipment 

vendors to provide a supply bond in the amount of one-hundred percent (100%) of the Purchase Order price. The 

supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of 

Florida and acceptable to the Owner. If the supply bond is required, the costs thereof will be added to the amount of 

the Purchase Order. The Contractor shall verify that a vendor can furnish a supply bond. All bonds will name the 

Owner and the Contractor as additional obligees. 

Terms and Conditions (Attachment A). 

The following Terms and Conditions are applicable to this order entered into by and between the Village of Wellington (referred to 

hereafter as Buyer) and Vendor (referred to as Seller). 

2.1 Seller’s acceptance of this order will be presumed unless Seller acknowledges exception, in writing, to Buyer within 

ten (10) calendar days after date of order. 

2.2 Sellers doing business with the Buyer are prohibited from discriminating against any employee, applicant, or client 

because of race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation 

with regard to but not limited to the following employment practices, rates of pay or other compensation methods, 

and training selection. 

2.3 Any assignment of this order, performance of work hereunder, in whole or in part, or monies due or to become due 

hereunder, shall be void unless consented to by Buyer in writing and Buyer shall have no obligations to any assignee 

of Seller under any assignment not consented to in writing by Buyer. 

2.4 In the event of default by the Seller, Buyer may procure the articles or services covered by this order from other 

sources and hold the seller responsible for any excess costs occasioned thereby. 

2.5 Deliveries are to be made during hours 8:00 a.m. to 5:00 p.m., Monday through Thursday, excluding holidays, 

unless otherwise stipulated. Seller shall notify the Buyer of deliveries that require special handling and/or assistance 

for off-loading. Failure to notify the Buyer concerning this type of delivery will result in the billing to Seller of any 

add-on re-delivery, storage, or handling charges.


2.6 The Buyer may grant additional time for any delay or failure to perform hereunder if the delay will not adversely 

impact the best interest of the Buyer and is due to causes beyond the control of the Seller. Such grant must be in 

writing and made part of the order. 

2.7 In those cases where prices stated are not F.O.B. Destination, Seller is required to prepay charges and list on invoices. 

2.8 To the extent authorized by law, Seller shall indemnify, save and hold harmless the Buyer, its employees and agents 

against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred 

as a result of any act or omission by the Seller, or its employees, agents, subcontractors of assignees pursuant to the 

terms of this order. 

2.9 All Commodities delivered on this order are subject to inspection upon receipt by a representative of the Buyer. All 

rejected commodities shall remain the property of the Seller and will be returned at the Seller’s expense. 

2.10 Seller must render original invoice to the Buyer, Attention “Project Manager, 12300 Forest Hill Blvd., Wellington, 

FL 33414” 

2.11 By accepting this order, Seller understands and agrees that the items covered herein, or services to be rendered, shall 

be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, 

ordinances, rules, codes and regulations. Lack of knowledge by the Seller shall in no way be a cause for relief from 

responsibility. 

2.12 Seller shall save and hold harmless the Buyer, its employees and agents from liability for infringement of any United 

States patent, trademark or copyright trademark or copyright for or on account of the use of any product sold to 

Buyer or used in the performance of this order. 

2.13 No modifications of this order shall be binding upon Buyer unless approved by an authorized representative of 

Buyer’s Purchasing Office. 

2.14 Seller compliance required under Chapter 442, Florida Statutes, that any toxic substance delivered as a part of this 

order must be accompanied by a Material Safety Data Sheet (MSDS). 

2.15 Order Number must appear on all invoices, packing slips, shipping notices, freight bills, and correspondence 

concerning this order. 

2.16 Payments will be made only to the company and address as set forth on order unless the Seller has requested a 

change thereto on official company letterhead, signed by an authorized officer of the company. 

2.17 No endorsement by the Buyer of the product and/or service will be used by Seller in any way, manner or form in 

product literature or advertising. 

2.18 Quantities specified in the order cannot be changed without Buyer’s prior written approval. Goods shipped in excess 

of quantity designated may be returned at Seller’s expense. 

2.19 All parties to this order agree that the representatives named herein are, in fact, bona fide and possess full and 

complete authority to bind said parties. 

2.20 Responsibility will not be accepted for any goods delivered or services performed unless covered by a duly 

authorized Buyer Purchase Order. 

2.21 The Buyer of Wellington is exempt from Federal and State taxes for tangible personal property. Sellers doing 

business with the Buyer shall not be exempt from paying sales tax to their suppliers for materials to fulfill 

contractual obligations with the Buyer, nor shall any Seller be authorized to use the Buyer’s Tax Exemption 

Number in securing such materials. 

2.22 Buyer reserves the right to terminate this order in whole or in part for default (a) if Seller fails to perform in 

accordance with any of the requirements of this order or (b) if Seller becomes insolvent or suspends any of its 

operations or if any petition is filed of proceeding commenced by or against Seller under any State or Federal law 

relating to bankruptcy, arrangement, reorganization, receivership or assignment for the benefit of creditors. Any 

Page | 28

Page | 29 


such termination will be without liability to Buyer except for completed items delivered and accepted by the 

Buyer. Seller will be liable for excess cost of re-procurement. 

2.23 By accepting this order, the Seller agrees that payment terms shall be in accord with the Florida Prompt Payment 

Act, Florida Statute 218.70, et seq. 

2.24 No provision of Seller’s agreement to supply the ordered goods, equipment, or materials shall in any way limit 

Seller’s liability for damages caused by defects in the materials incorporated in, nor the design or manufacture of, 

Seller’s equipment, goods, or materials. Seller’s agreement shall not include any provision requiring the Buyer to 

pay Seller’s attorney’s fees in any dispute or claim arising out of this Purchase Order. 

2.25 The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual 

obligations between the Seller and Buyer for any terms and conditions not specifically stated in this order. 

2.26 Any and all legal actions arising from or necessary to enforce this contract will be held in Palm Beach County, 

Florida and the service of process and interpretation of contractual obligation shall be in accordance with the laws 

of the State of Florida. 

2.27 Seller acknowledges that the materials being ordered are for incorporation into the Project for Buyer pursuant to a 

contract with a contractor. Seller agrees that it shall warrant its goods, equipment, or materials being ordered 

herein in compliance with Seller’s normal warranties, or in compliance with the warranty provisions of the 

construction contract, the terms of which are incorporated herein, whichever warranty provides the Buyer with the 

greatest protection. Regardless of the forgoing all warranties shall be in accordance with the contract documents 

to which Contractor is bound with the buyer. 

END OF SECTION

CERTIFICATE OF ENTITLEMENT – SAMPLE 

I, the undersigned authorized representative of_________________ (hereinafter "Governmental Entity"), Florida Consumer's Certificate of 

Exemption Number , certify that the tangible personal property purchased on or after _______ (date) will be incorporated into or 

become a part of a public facility as part of a public works contract pursuant to contract # ___________ with ______________ (Name of Contractor) 

for the building of _____________________________. 

I certify that the purchase of the materials contained in the attached Purchase Order meets the following exemption requirements contained in 

Section 212.08(6), F.S., and Rule 12A-1.094, F.A.C.: 

You must initial each of the following requirements. 

____ 1. The attached Purchase Order is issued directly to the vendor supplying the materials the contractor will use in the identified public works. 

____ 2. The vendor’s invoice is issued directly to Governmental Entity. 

____ 3. Payment of the vendor's invoice is made directly by Governmental Entity to the vendor from public funds. 

____ 4. Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase or delivery by the vendor. 

____ 5. Governmental Entity assumes the risk of damage or loss at the time of purchase. 

I understand that if the tangible personal property identified in the attached Purchase Order does not qualify for the exemption provided in Section 

212.08(6), F.S., and Rule 12A-1.094, F.A.C., Governmental Entity will be subject to the tax, interest, and penalties due on the materials purchased. If 

the Department of Revenue determines that the materials purchased tax-exempt by issuing this Certificate do not qualify for the exemption, 

Governmental Entity will be liable for any tax, penalty, and interest determined to be due. 

I understand that if I fraudulently issue this certificate to evade the payment of sales tax I will be liable for payment of the sales tax plus a penalty of 

200% of the tax and may be subject to conviction of a third degree felony. 

Under the penalties of perjury, I declare that I have read the foregoing Certificate of Entitlement and the facts stated in it are true. 

Signature of Authorized Representative Title 

Purchaser’s Name (Print or Type) Date 

Federal Employer Identification: 

Telephone Number: 


You must attach the Purchase Order and the Florida Consumer's Certificate of Exemption issued to Governmental Entity. 

Do not send to the Department of Revenue. This Certificate of Entitlement must be retained in the vendor’s and the contractor’s books and records. 

(d)(c) If the contractor does not have a Certificate of Entitlement, sales to the contractor are subject to tax, unless the contractor can demonstrate to 

the satisfaction of the Executive Director or designee that such sales are, in substance, tax-exempt direct sales to a governmental entity. 

(e) The governmental entity may not transfer liability for such tax, penalty, and interest to another party by contract or agreement. 

(f) In the case of contracts with any agency or branch of the United States government in which the federal governmental agency or branch is not 

required to produce a Certificate of Entitlement, the purchase must comply with the five criteria provided in paragraph (4)(b), for the purchase of 

supplies and materials to be exempt from sales and use tax. If the criteria in paragraph (4)(b) are not met, the contractor is the ultimate consumer of 

such supplies or materials and is liable for sales or use tax on such purchases and manufacturing costs. 

Page | 30

(5) Contractors, including subcontractors, that manufacture or fabricate their own materials for incorporation into public works cannot be included in 

a governmental entity's direct purchase program and may not accept a Certificate of Entitlement. The contractor and subcontractors, not the 

governmental entity, are deemed to be the ultimate consumers of the articles of tangible personal property they manufacture or fabricate to perform 

their contracts and are liable for tax in the manner provided in subsection (10) of Rule 12A-1.051, F.A.C. 

(6) through (8) No change. 

Rulemaking Authority 212.08(6), 212.17(6), 212.18(2), 212.183, 213.06(1) FS. Law Implemented 212.02(4), (14), (15), (16), (19), (20), (21), 

212.06(1), (2), (14), 212.07(1), 212.08(6), (7)(bbb), 212.085, 212.18(2), 212.183 FS., s. 8, Ch. 2010-138, L.O.F. History–New 6-3-80, Amended 11- 

15-82, Formerly 12A-1.94, Amended 1-2-89, 8-10-92, 6-28-04, . 

Page | 31 


SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON 

PUBLIC ENTITY CRIMES 

Page | 32 


THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER 

AUTHORIZED TO ADMINISTER OATHS. 

1. This sworn statement is submitted to 

by 

for 


[print individual's name and title] 

[print name of entity submitting sworn statement] 

whose business address is 

[print name of the public entity] 

and (if applicable) its Federal Employer Identification Number (FEIN) is 

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn 

statement: .) 

2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of 

any state or federal law by a person with respect to and directly related to the transaction of business with any public 

entity or with an agency or political subdivision of any other state or of the United States, including, but not limited 

to, any bid or contract for goods or services or any contract for the construction or repair of a public building or 

public work, to be provided to any public entity or an agency or political subdivision of any other state or of the 

United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material 

misrepresentation. 

3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a 

finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or 

state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of 

jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 

4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 

1. A predecessor or successor of a person convicted of a public entity crime; or 

2. An entity under the control of any natural person who is active in the management of the entity and who has been 

convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, 

shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership 

by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income 

among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that 

one person controls another person. A person who knowingly enters into a joint venture with a person who has 

been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 

5. I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or 

entity organized under the laws of any state or of the United States with the legal power to enter into a binding 

contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or 

which otherwise transacts or applies to transact business with a public entity. The term "person" includes those 

officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management 

of an entity. 

6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting 

this sworn statement. [Please indicate which statement applies.] 

_____ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, 

shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the 

entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

_____ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, 

shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity 

has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 

_____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, 

shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the 

entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has 

been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings 

and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity 

submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] 

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE 

PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, 

THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I 

ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO 

A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA 

STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 

Page | 33 


STATE OF ___________________________ 

COUNTY OF __________________________ 

[signature] 

[date] 

Subscribed and Sworn to (or affirmed) before me on by 

[date] 

. He/she is personally known to me or has presented 

[name] 

as identification. 

[type of identification] 

[Notary's Signature and Seal] Print Notary Name and Commission No. 

Form PUR 7068 (Rev. 04/10/91) 

M/R 03/06/92

Page | 34 


DRUG FREE WORKPLACE 


Preference may be given to businesses with drug-free workplace programs. Whenever two or more Bids which are equal with 

respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid 

received from a business that certifies that it has implemented a drug-free workplace program may be given preference in the 

award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free 

workplace program. In order to have a drug-free workplace program, a business must attest to the following: 

1. We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a 

controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations 

of such prohibition. 

2. We inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free 

workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be 

imposed upon employees for drug abuse violations. 

3. We give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement 

specified in subsection (1). 

4. We, in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or 

contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any 

conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the 

United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 

5. We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is 

available in the employee's community, by any employee who is so convicted. 

6. We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 

__________________________________________ 

Contractor’s Signature

Page | 35 


TRENCH SAFETY AFFIDAVIT 


_________________________________ (NAME OF FIRM) hereby provides written assurance that compliance with applicable 

Trench Safety Standards identified in the Occupational Safety and Health Administration’s Excavation Safety Standards, (OSHA) 29 

C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 533.64 

inclusive (1990), “Trench Safety Act”. 

The undersigned acknowledges that included in the various items of the proposal and in the Total Proposal Price are costs for 

complying with the Florida “Trench Safety Act” as summarized below: (Attach additional sheets as necessary). 

Schedule 

Item 

Total 

Trench Safety Measure (Slope, Trench Shield, etc.) Cost 

______________________________________________________________________________________ 

(Signature) (Date) 

STATE OF____________________________ 

COUNTY OF__________________________ 

Subscribed and Sworn to (or affirmed) before me on__________________________________________________ by 

___________________________________________________. He/she is personally known to me or has presented 

______________________________________(type of i.d.) as identification. 

_____________________________________ ____________________________________ 

Notary Public Signature and Seal Print Notary Name and Commission No.

Wellington Council Meeting December 11, 2012 

QUESTIONNAIRE 

 

Page 114 of 606 

ThefollowingQuestionnaireshallbecompletedandsubmittedinEnvelopewiththeBid.BysubmissionofthisBid,Bidderguaranteesthetruthand 

accuracyofallstatementsandanswershereincontained. 

1. How many years has your organization been in business? _________________________ 

2. What is the last project of this nature that you have completed? 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

3. Have you ever failed to complete work awarded to you? If so, where and why? 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

4. Name three individuals or corporations for which you have performed work and to which you refer: 

_______________________________________________________________________________________________________________________ 

Name Address 

Phone 

Fax 

_______________________________________________________________________________________________________________________ 

Name Address 

Phone 

Fax 

_______________________________________________________________________________________________________________________ 

Name Address 

Phone 

Fax 

5. ListthefollowinginformationconcerningallcontractsORprojectsinprogressandpastasofthedateofsubmissionofthisbid.(ListanyFederal, 

State,Cityorlocalmunicipalities/governmentcontractsorprojectinformationifanyrelevantinscopewiththissolicitation). 

 

Informationprovidedin(section5)isforreferencepurposesandmaybecontactedforverification. 

Name of Term Contract OR Project Owner Contact (Person) Name & Title 

Page | 36 

Contact Email Address & 

Phone Number 

Contact Business Address 

6. HasthebidderorhisorherrepresentativeinspectedtheproposedprojectanddoestheBidderhaveacompleteplanforitsperformance? 

 

______________________________________________________________________________________________________________________ 

 

7. Willyousubcontractanypartofthiswork?Ifso,givedetailsincludingalistofeachsubcontractor(s)thatwillperformworkinexcessofthe 

percent(10%)ofthecontractamountandtheworkthatwillbeperformedbyeachsubcontractor(s).


Subcontractor WorktobePerformed 

 

 

 

 

 

8. 

 

Whatequipmentdoyouownthatisavailableforthework? 

_________________________________________________________________ 

 

9. 

 

Whatequipmentwillyoupurchasefortheproposedwork? 

__________________________________________________________________ 

 

10. 

 

Whatequipmentwillyourentfortheproposedwork? 

______________________________________________________________________ 

 

11. 

jobs. 

 

Statethenameofyourproposedprojectmanagerandgivedetailsofhisorherqualificationsandexperienceinmanagingsimilar 

_______________________________________________________________________________________________________________________ 

 

 

_______________________________________________________________________________________________________________________ 

 

12. Statethetrue,exact,correctandcompletenameofthepartnership,corporation,ortradenameunderwhichyoudobusinessandtheaddress 

oftheplaceofbusiness.(Ifacorporation,statethenameofthepresidentandsecretary.Ifapartnership,statethenamesofallpartners.Ifa 

tradename,statethenamesoftheindividualswhodobusinessesunderthetradename. 

 

13. 

 

ThecorrectnameoftheBidderis_________________________________________________________________________________ 

14. 

 

Thepartnershipisa SoleProprietorship, Partnership,or Corporationor OtherTypeofEntity_________________(FillIn). 

15. Theaddressofprincipalplaceofbusinessis 

_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

16. ThenamesoftheCorporateOfficers,orPartners,orIndividualsdoingbusinessunderatradename,areasfollows: 

___________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

 

______________________________________________________________________________________________________________________ 

17. 

 

ListallorganizationswhichwerepredecessorstoBidderorinwhichtheprincipalsorofficersoftheBidderwereprincipalsorofficers. 

_______________________________________________________________________________________________________________________ 

 

18. Listanddescribeallbankruptcypetitions(VoluntaryorInvoluntary)whichhavebeenfiledbyoragainsttheBidder,itsparentor 

subsidiariesorpredecessororganizationsduringthepastfive(5)years.Includeinthedescriptionthedispositionofeachsuchpetition. 

Page | 37


_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

19. ListanddescribeallsuccessfulPerformanceorPaymentBondclaimsmadetoyoursurety(ies)duringthelastfive(5)years.Thelistand 

descriptionsshouldincludeclaimsagainstthebondoftheBidderanditspredecessororganization(s). 

 

_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

20. Listallclaims,arbitrations,administrativehearingsandlawsuitsbroughtbyoragainsttheBidderoritspredecessororganization(s)during 

thelastfive(5)years.Thelistshallincludeallcasenames;case,arbitration,orhearingidentificationnumbers;thenameoftheprojectoverwhich 

thedisputearose;andadescriptionofthesubjectmatterofthedispute. 

 

_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

21. ListanddescribeallcriminalproceedingsorhearingsconcerningbusinessrelatedoffensesinwhichtheBidder,itsprincipalsorofficersor 

predecessororganization(s)weredefendants. 

_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

22. HastheBidder,itsprincipals,officers,orpredecessororganization(s)beendebarredorsuspendedfrombiddingbyanygovernmentduringthe 

lastfive(5)years?Ifyes,providedetails. 

__________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

 

23. ListanddiscloseanyandallbusinessrelationswithanymembersofWellingtonCouncil. 

 

_______________________________________________________________________________________________________________________ 

 

_______________________________________________________________________________________________________________________ 

Page | 38

Page | 39 


See separate attachments for designs. 

LIST OF DRAWINGS 

DRAWING TITLE 

NUMBER OF 

SHEET 

Village of Wellington Aquatics Building 2

Page | 40 


AGREEMENT 

THIS AGREEMENT is dated and will be effective on the ______ day of __________________ in the year ______, by and between 

the Village of Wellington, (hereinafter called OWNER) and 

_______________________________________________________________(hereinafter called CONTRACTOR). 

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 

ARTICLE 1 - WORK 

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as 

follows: 

ARTICLE 2 - ENGINEER 


The Project has been designed by Kuoppala & Associates, P.A. Engineering services during construction will be provided by 

Village of Wellington personnel. Wellington’s designated in house representative shall serve as the ENGINEER who is 

hereinafter called ENGINEER and who is to act as OWNER's representative, shall assume all duties and responsibilities and have the 

rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance 

with the Contract Documents. 

ARTICLE 3 - CONTRACT TIMES 

3.1 Work will be substantially completed within 60 days from the date of Notice to Proceed, and shall be finally complete 

within 90 days from the date of Notice to Proceed. 

3.2 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that 

OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions 

thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties 

involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. 

Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as 

a penalty) CONTRACTOR and/or CONTRACTOR’S Surety shall pay OWNER One Thousand and 00/100 dollars ($1,000.00) for 

each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. 

After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract 

Time or any proper extension thereof granted by OWNER, CONTRACTOR and/or CONTRACTOR’S Surety shall pay OWNER One 

Thousand Five Hundred and 00/100 ($1,500.00) for each day that expires after the time specified in paragraph 3.1 for final completion 

and readiness for final payment until the Work is completed and ready for final payment. 

3.3 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by 

the average of the last five (5) years of weather recorded by the Owner. 

ARTICLE 4 - CONTRACT PRICE 

4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, subject to 

adjustment as provided therein, in current funds as follows: 

The amount of ________________________________________________________________ 

_______________________________________________________________ ($____________), which is based on the price(s) in 

the Schedule of Values. 

ARTICLE 5 - PAYMENT PROCEDURES 

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for 

Payment will be processed by ENGINEER as provided in the General Conditions. 

5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of 

CONTRACTOR’S Applications for Payment as recommended by ENGINEER, on or about the 10 th day of each month during

construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of 

values established in Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units 

completed). 

Page | 41 


5.1.1. Prior to successful completion of 50% of the work, progress payments will be made in an amount equal to the 

percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as 

ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 

90% of Work completed. 

0% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by 

documentation satisfactory to OWNER as provided in Paragraph 14.02.A of the General Conditions). 

5.1.2. Upon successful completion of 50% of the work, progress payments will be made in an amount equal to 95% of 

work completed, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall 

determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. 

5.2. FINAL PAYMENT. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General 

Conditions, and settlement of all claims, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as 

provided in said paragraph 14.07 of the General Conditions. 

ARTICLE 6 

(This Article left blank intentionally). 

ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS 

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 

7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local 

conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 

7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such 

examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2. 

above) which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, 

performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the 

Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including 

specifically the provisions of paragraph 4.03 of the General Conditions; and no additional examinations, investigations, explorations, 

tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 

7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all 

examinations, investigations, explorations, tests, reports and studies which pertain to the physical conditions at or contiguous to the 

site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the 

performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and 

conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar 

information or data are or will be required by CONTRACTOR for such purposes. 

7.4. CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the 

Contract Documents and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 

7.5 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for 

performance and furnishing of the Work. 

ARTICLE 8 - CONTRACT DOCUMENTS 

The Contract Documents, which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work, 

consist of the following: 

8.1 This Agreement consisting of 4 pages. 

8.2 This space left blank intentionally.

8.3 Notice of Award 

8.4 General Conditions consisting of 48 pages 

8.5 Supplementary Conditions consisting of 3 pages. 

8.6 Sales Tax Recovery Program Special Conditions For Owner Furnished Materials and Equipment consisting of 5 pages. 

8.7 General Requirements Section 1000 consisting of 4 pages 

8.8 Drawings not attached hereto but are listed in the List of Drawings 

8.9 Addenda numbers ____ to ____, inclusive 

8.10 CONTRACTOR’S Bid 

8.11 The following which may be delivered or issued after the Effective Date of the Agreement may not be attached hereto: Notice 

to Proceed, all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to 

paragraphs 3.04 and 3.05 of the General Conditions. 

8.12 The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). 

There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, 

modified or supplemented as provided in paragraphs 3.04 of the General Conditions. 

ARTICLE 9 - MISCELLANEOUS 

9.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in 

the General Conditions. 

9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party 

hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become 

due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be 

limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or 

discharge the assignor from any duty or responsibility under the Contract Documents. 

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party 

hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained on 

the Contract Documents. 

9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be 

stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the 

Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that 

comes as close as possible to expressing the intention of the stricken provision. 

ARTICLE 10 - INDEMNIFICATION 

10.1 This space left blank intentionally. 

10.2 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their respective officers, and employees, 

for liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the 

negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the 

CONTRACTOR in the performance of the construction contract. Regardless of the foregoing, the indemnification herein shall be the 

greater of the CONTRACTOR’S insurance coverage for such claim or Five Million Dollars. Nothing in the Contract Documents shall 

be construed or interpreted as consent by the OWNER to be sued, nor as a waiver of sovereign immunity beyond the waiver or limits 

provided in §768.28, Florida Statutes. 

ARTICLE 11 – SALES TAX INFORMATION 

11.1 The Owner Sales Tax Recovery Program Special Conditions are incorporated herein by reference. 

ARTICLE 12 - PROJECT SIGNAGE 

Page | 42 


CONTRACTOR shall furnish and erect 0 Owner standard signs at the Project site as directed by the OWNER. CONTRACTOR may 

install signage at the site subject to approval by the OWNER. 

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to 

OWNER, CONTRACTOR, and the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER 

and CONTRACTOR or by the ENGINEER on their behalf. 

OWNER: Village of Wellington_____________ CONTRACTOR_____________________________ 

By __________________________________ By ________________________________________ 


Attest: _______________________________ 

Awilda Rodriguez, Wellington’s Clerk 

Attest: _____________________________________ 

(SEAL) (CORPORATE SEAL) 

Address for giving notices Address for giving notices 

12300 Forest Hill Boulevard ___________________________________________ 

Wellington, Florida 33414 ___________________________________________ 

APPROVED AS TO FORM AND License No. _________________________________ 

LEGAL SUFFICIENCY 

Agent for service of process: 

_________________________________ ___________________________________________ 

Jeffrey S. Kurtz, Attorney for Wellington (If CONTRACTOR is a corporation, attach evidence 

of authority to sign.) 

Page | 43 


Page | 44 


OPINION OF ATTORNEY 

This is to certify that I have examined the attached Contract Documents for Remodel of Aquatics Building and that after such 

examination I am of the opinion that the execution of the Agreement be provided are in due and proper form. 

This ______ day of ___________________________________ 

Wellington Attorney


NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES 

The undersigned Contractor does hereby confirm to the Owner and Engineer that the Contractor has reviewed the 

provisions of Chapter 556, Florida Statutes, and has provided to “Sunshine State One-Call of Florida, Inc.” the 

information required under F.S. 556.105 before the commencement of any excavation or demolition required for the 

Work. 

Executed this day of 20_________. 

Page | 45 

___________________________________________ 

(name of Contractor) 

(signature) 

(print name) 

(title) 

END OF SECTION


STATE OF FLORIDA 

COUNTY OF ________________ 

Page | 46 

CONTRACTOR'S AFFIDAVIT TO OWNER 

AND FINAL RELEASE OF LIENS 

Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, 

personally appeared ____________________________________________________, who, being by me first duly 

sworn, on oath depose(s) and say(s): 

(1) He/she is/they are a (Corporation, Partnership, or Individual) of ___________________ (State), 

doing business as _________________________________, hereinafter called "Contractor". 

(2) Contractor heretofore entered into a Contract with Wellington, hereinafter called "Owner" to do 

Work (furnish material, labor and services) for Remodel of Aquatics Building, located at Palm Beach County, 

Florida. 

(3) Contractor has fully completed construction in accordance with the terms of the Contract, and all 

lienors have been paid in full, except: 

NAME OF LIENOR AMOUNT DUE AND UNPAID 

_________________________________ ____________________________ 

_________________________________ ____________________________ 

(4) All Workmen's Compensation claims have been settled and no liability claims are pending, in 

connection with, arising out of or resulting from the Contractor. 

(5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall 

constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against 

the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor 

pursuant to the Contract Documents. 

(6) The term "lienor" as used in this affidavit means any person having a lien or a prospective lien, 

under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this 

affidavit. Further, Contractor represents, warrants and covenants that all subcontractors, materialmen and suppliers 

have been paid in full. The contractor further provides under penalty of perjury that there are no claims of lien on the 

project. 

(7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 

255.05, whichever is applicable. 

Signed and sealed in the presence of: 

________________________________________ __________________________________(Entity) 

________________________________________ By:_______________________________ (Seal) 

Subscribed and Sworn to (or affirmed) before me on this _____ day of ____________________________ by 

_________________________________________________ He/she is personally known to me or has presented 

__________________________________________ as identification. 

________________________________________ ___________________________________________ 

Notary Public Signature and Seal Print Notary Name and Commission No.


Page | 47 

APPLICATION FOR PAYMENT NO. _______________ 

Project: Remodel of Aquatics Building 

Start Date:___________________________ Completion Date: _______________________ 

Application is made for payment, as hereinafter shown, in connection with this Contract: 

Total Work to Date – see attached schedule $__________________________ 

Total Material Suitably Stored – see attached schedule $__________________________ 

Gross Amount Due $__________________________ 

Less ______% Retainage $__________________________ 

Amount Due to Date $__________________________ 

Less Previous Applications $__________________________ 

Amount Due This Application $__________________________ 

__________________________________________________________________________________ 

Original Contract Price $__________________________ 

Net Change Orders -Credit $__________________________ 

Subtotal $__________________________ 

Net Change Orders - Debit $__________________________ 

Current Contract Price $__________________________ 

Value of Work Remaining to be Done 

(Current Contract Amount – Gross Amount Due) $__________________________ 

__________________________________________________________________________________ 

Contractor's Certification: 

The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of 

Work done under the Agreement referred to above have been applied to discharge in full all obligations of 

Contractor incurred in connection with Work covered by prior Applications for Payment numbered 1 through 

______, inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or 

covered by this Application for Payment will pass to Owner at time of payment free and clear of all liens, claims, 

security interests and encumbrances (except such as covered by Bond acceptable to Owner). 

Dated:______________________, ______ Contractor:__________________________________ 

Mailing Address:_____________________________ 

___________________________________________ 

By ________________________________________ 

(Name and Title) 

State of ) 

County of )ss 

Subscribed and Sworn to (or affirmed) before me on this _____ day of ______________________ by 

________________________________________________. He/She is personally known to me or has presented 

______________________________________ as identification. Who being so duly sworn, did depose and say that 

he/she is ___________________________ of the Contractor above mentioned; that he/she executed the above 

Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein 

are true, correct, and complete. 

_____________________________________ _________________________________________ 

Notary Public Signature and Seal Print Notary Name and Commission No. 

Payment of the above AMOUNT DUE THIS APPLICATION is recommended. 

WELLINGTON DESIGNEE 

Date:_______________________ By: _______________________________________________ 

(Name) (Title)


Page | 48 

BILL OF SALE, ABSOLUTE 

KNOWN ALL MEN BY THESE PRESENTS, that _________________________________, a corporation 

of _____________ County, Florida, party of the first part, for an in consideration of the sum of Ten and No/100 

($10.00) lawful money of the United States, to it paid by WELLINGTON, a municipal corporation of the State of 

Florida, 12300 Forest Hill Boulevard, Wellington, Palm Beach County, Florida 33414, party of the second part, the 

receipt whereof is hereby acknowledged has granted, bargained, sold, transferred and delivered, and by these 

presents does grant, bargain, sell, transfer and deliver unto the said party of the second party, its executors, 

administrators and assigns, the following goods and chattels: 

Project Name Remodel of Aquatics Building consisting of the components set forth in the final 

schedule of values as described in Exhibit “A”, attached hereto and made a part hereof. 

TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators 

and assigns forever. 

AND, it does, for itself and its successors and assigns covenant to and with the said party of the second 

part, its successors and assigns, that it is the lawful owner of the said goods and chattels; that they are free 

from all encumbrances; that it has good right to sell the same aforesaid, and that it will warrant and defend 

the sale of the said property, goods and chattels hereby made, unto the said party of the second part its 

successors and assigns against the lawful claims and demands of all persons whomsoever. 

IN WITNESS WHEREOF, it has hereunto set its hand and seal this ______ day of __________________, 

20_____. 

Signed, sealed and delivered 

in the presence of: 

WITNESSES: 

_________________________________ 

_______________________________ ______________________________________ 

Signature Name: _________________________________ 

Title: __________________________________ 

______________________________ 

Print Name 

_______________________________ [Corporate Seal] 

Signature 

______________________________ 

Print Name 

The foregoing instrument was acknowledged before me this _____ day of _________________, 20____, 

by _______________________, as ____________________ of __________________________, a ____________ 

(state) corporation. He/She is personally known to me or has produced _______________________ as 

identification. 

_____________________________________________ 

(stamp) Print Notary Name:____________________________


Page | 49 

FORM OF FINAL RECEIPT 

Received this _______ day of _____________________, ______, from Wellington, the sum of 

_____________________________________________________________________ (____________) as full and 

final payment to CONTRACTOR for all work and materials for the Project described as: 


This sum includes full and final payment for all extra work and material and all incidentals. 

CONTRACTOR hereby indemnifies and releases Wellington from all liens and claims whatsoever arising 

out of the Contract and Project. 

CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for 

the Project have been paid in full. In lieu of this certification regarding payment for work, materials, and supplies, 

CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to OWNER. 

CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use 

Tax Act), as amended, have been paid and discharged. 

(If incorporated, sign below.) 

ATTEST: 

___________________________ ____________________________________ 

Secretary Name 

By: ________________________________ 

(CORPORATE SEAL) Title 

Date:_______________________________


Page | 50 

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION 

CONTRACT 

TABLE OF CONTENTS 

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 

1.01 Defined Terms .......................................................................................................................................... 53 

1.02 Terminology ............................................................................................................................................. 56 

ARTICLE 2 – PRELIMINARY MATTERS 

2.01 Delivery of Bonds and Evidence of Insurance ......................................................................................... 57 

2.02 Copies of Documents................................................................................................................................ 57 

2.03 Commencement of Contract Times; Notice to Proceed............................................................................ 57 

2.04 Starting the Work ..................................................................................................................................... 57 

2.06 Preconstruction Conference; Designation of Authorized Representatives ............................................... 58 

2.07 Initial Acceptance of Schedules ................................................................................................................ 58 

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................................................ 58 

3.01 Intent ......................................................................................................................................................... 58 

3.02 Reference Standards ................................................................................................................................. 58 

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS 

ENVIRONMENTAL CONDITIONS; REFERENCE POINTS .................................................................................. 60 

4.04 Underground Facilities ............................................................................................................................. 62 

4.05 Reference Points ....................................................................................................................................... 63 

ARTICLE 5 – BONDS AND INSURANCE 

5.01 Performance, Payment, and Other Bonds ................................................................................................. 65 

5.02 Licensed Sureties and Insurers ................................................................................................................. 65 

5.03 Certificates of Insurance ........................................................................................................................... 65 

5.04 Contractor’s Insurance .............................................................................................................................. 65 

5.06 [Paragraph intentionally left blank] .......................................................................................................... 66 



5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................... 66 

5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................................ 67 

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 

6.01 Supervision and Superintendence ............................................................................................................. 67 

6.02 Labor; Working Hours .............................................................................................................................. 67 

6.03 Services, Materials, and Equipment ......................................................................................................... 67 

6.04 Progress Schedule ..................................................................................................................................... 68 

6.05 Substitutes and “Or-Equals” ..................................................................................................................... 68 

6.06 Concerning Subcontractors, Suppliers, and Others .................................................................................. 70 

6.08 Permits ...................................................................................................................................................... 72 

6.09 Laws and Regulations ............................................................................................................................... 72 

6.10 Taxes ........................................................................................................................................................ 72 

6.12 Record Documents ................................................................................................................................... 73 

6.13 Safety and Protection ................................................................................................................................ 73 

6.14 Safety Representative ............................................................................................................................... 74 

6.15 Hazard Communication Programs ............................................................................................................ 74


6.16 Emergencies ............................................................................................................................................. 74 

6.17 Shop Drawings and Samples .................................................................................................................... 74 

6.18 Continuing the Work ................................................................................................................................ 76 

6.19 Contractor’s General Warranty and Guarantee......................................................................................... 76 

6.20 Indemnification ......................................................................................................................................... 76 

6.21 Delegation of Professional Design Services ............................................................................................. 77 

ARTICLE 7 – OTHER WORK AT THE SITE 

7.01 Related Work at Site ................................................................................................................................. 77 

7.02 Coordination ............................................................................................................................................. 78 

7.03 Legal Relationships .................................................................................................................................. 78 

ARTICLE 8 – OWNER’S RESPONSIBILITIES 

8.01 Communications to Contractor ................................................................................................................. 79 

8.02 Replacement of Engineer .......................................................................................................................... 79 

8.03 Furnish Data ............................................................................................................................................. 79 

8.04 Pay When Due .......................................................................................................................................... 79 

8.05 Lands and Easements; Reports and Tests ................................................................................................. 79 

8.06 Insurance .................................................................................................................................................. 79 

8.07 Change Orders .......................................................................................................................................... 79 

8.08 Inspections, Tests, and Approvals ............................................................................................................ 79 

8.09 Limitations on Owner’s Responsibilities .................................................................................................. 79 

8.10 Undisclosed Hazardous Environmental Condition ................................................................................... 79 

8.11 Evidence of Financial Arrangements ........................................................................................................ 79 

8.12 Compliance with Safety Program ............................................................................................................. 80 

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 

9.01 Owner’s Representative ............................................................................................................................ 80 

9.02 Visits to Site ............................................................................................................................................. 80 

9.03 Project Representative .............................................................................................................................. 80 

9.04 Authorized Variations in Work ................................................................................................................ 80 

9.05 Rejecting Defective Work ........................................................................................................................ 81 

9.06 Shop Drawings, Change Orders and Payments ........................................................................................ 81 

9.07 Determinations for Unit Price Work ......................................................................................................... 81 

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................................... 81 

9.09 Limitations on Engineer’s Authority and Responsibilities ....................................................................... 81 

9.10 Compliance with Safety Program ............................................................................................................. 82 

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 

10.01 Authorized Changes in the Work ............................................................................................................. 82 

10.02 Unauthorized Changes in the Work .......................................................................................................... 82 

10.03 Execution of Change Orders ..................................................................................................................... 82 

10.04 Notification to Surety ............................................................................................................................... 83 

10.05 Claims ....................................................................................................................................................... 83 

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 

11.01 Cost of the Work ...................................................................................................................................... 84 

11.02 Allowances ............................................................................................................................................... 86 

11.03 Unit Price Work ........................................................................................................................................ 86 

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 

12.01 Change of Contract Price .......................................................................................................................... 87 

Page | 51


12.02 Change of Contract Times ........................................................................................................................ 87 

12.03 Delays ....................................................................................................................................................... 88 

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE 

WORK 88 

13.01 Notice of Defects ...................................................................................................................................... 88 

13.02 Access to Work ......................................................................................................................................... 88 

13.03 Tests and Inspections ................................................................................................................................ 88 

13.04 Uncovering Work ..................................................................................................................................... 89 

13.05 Owner May Stop the Work ....................................................................................................................... 89 

13.06 Correction or Removal of Defective Work ............................................................................................... 90 

13.07 Correction Period ...................................................................................................................................... 90 

13.08 Acceptance of Defective Work ................................................................................................................. 91 

13.09 Owner May Correct Defective Work........................................................................................................ 91 

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 

14.01 Schedule of Values ................................................................................................................................... 91 

14.02 Progress Payments .................................................................................................................................... 92 

14.03 Contractor’s Warranty of Title ................................................................................................................. 94 

14.04 Substantial Completion............................................................................................................................. 94 

14.05 Partial Utilization ...................................................................................................................................... 94 

14.06 Final Inspection ........................................................................................................................................ 95 

14.07 Final Payment ........................................................................................................................................... 95 

14.08 Final Completion Delayed ........................................................................................................................ 96 

14.09 Waiver of Claims ...................................................................................................................................... 96 

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 

15.01 Owner May Suspend Work ...................................................................................................................... 96 

15.02 Owner May Terminate for Cause ............................................................................................................. 97 

15.03 Owner May Terminate For Convenience ................................................................................................. 98 

15.04 Contractor May Stop Work or Terminate ................................................................................................. 98 

ARTICLE 16 – 98 

16.01 [This paragraph intentionally left blank]. ................................................................................................. 98 

ARTICLE 17 – MISCELLANEOUS 

17.01 Giving Notice ........................................................................................................................................... 98 

17.02 Computation of Times .............................................................................................................................. 98 

17.03 Cumulative Remedies ............................................................................................................................... 98 

17.04 Survival of Obligations ............................................................................................................................. 99 

17.05 Controlling Law ........................................................................................................................................ 99 

17.06 Headings ................................................................................................................................................... 99 

ARTICLE 18 - NO DAMAGES FOR DELAY 

18.01 No Damages for Delay ............................................................................................................................. 99 

Page | 52


ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 

1.01 Defined Terms 

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the 

terms listed below will have the meanings indicated which are applicable to both the singular and plural 

thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents 

include references to identified articles and paragraphs, and the titles of other documents or forms. 

1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the 

Bidding Requirements or the proposed Contract Documents. 

2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering 

the Work. 

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course 

of the Work in requesting progress or final payments and which is to be accompanied by such supporting 

documentation as is required by the Contract Documents. 

4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers 

into the air above current action levels established by the United States Occupational Safety and Health 

Administration. 

5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to 

be performed. 

6. Bidder—The individual or entity who submits a Bid directly to Owner. 

7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable 

form, if any, and the Bid Form with any supplements. 

9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes 

an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, 

issued on or after the Effective Date of the Agreement. 

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract 

Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a 

third party is not a Claim. 

11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. 

The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items 

listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and 

the reports and drawings of subsurface and physical conditions are not Contract Documents. 

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with 

the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of 

Unit Price Work). 

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) 

achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced 

by Engineer’s written recommendation of final payment. 

Page | 53


15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 

16. Cost of the Work—See Paragraph 11.01 for definition. 

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the 

scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor 

submittals are not Drawings as so defined. 

18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no 

such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two 

parties to sign and deliver. 

19. Engineer—The individual or entity named as such in the Agreement. 

20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not 

involve a change in the Contract Price or the Contract Times. 

21. General Requirements—Sections of Division 1 of the Specifications. 

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous 

Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to 

persons or property exposed thereto. 

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid 

Waste Disposal Act (42 USC Section 6903) as amended from time to time. 

24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, 

and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or 

time prior to Substantial Completion of all the Work. 

27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by 

the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times 

will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work 

is to be performed. 

30. PCBs—Polychlorinated biphenyls. 

31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of 

temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, 

petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste 

and crude oils. 

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration 

of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 

33. Project—The total construction of which the Work to be performed under the Contract Documents may be the 

whole, or a part. 

Page | 54


34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A 

listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the 

table(s) of contents. 

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 

1954 (42 USC Section 2011 et seq.) as amended from time to time. 

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or 

any part thereof. 

37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of 

the Work and which establish the standards by which such portion of the Work will be judged. 

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time 

requirements to support scheduled performance of related construction activities. 

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract 

Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for 

Payment. 

40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are 

specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion 

of the Work. 

41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is 

to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by 

Owner which are designated for the use of Contractor. 

42. Specifications—That part of the Contract Documents consisting of written requirements for materials, 

equipment, systems, standards and workmanship as applied to the Work, and certain administrative 

requirements and procedural matters applicable thereto. 

43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor 

for the performance of a part of the Work at the Site. 

44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point 

where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in 

accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the 

purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied 

to all or part of the Work refer to Substantial Completion thereof. 

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General 

Conditions. 

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with 

Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by 

Contractor or Subcontractor. 

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, 

tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those 

that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 

television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 

49. Unit Price Work—Work to be paid for on the basis of unit prices. 

Page | 55


50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under 

the Contract Documents. Work includes and is the result of performing or providing all labor, services, and 

documentation necessary to produce such construction, and furnishing, installing, and incorporating all 

materials and equipment into such construction, all as required by the Contract Documents. 

51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the 

Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in 

the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is 

to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the 

Contract Times but is evidence that the parties expect that the change ordered or documented by a Work 

Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the 

parties as to its effect, if any, on the Contract Price or Contract Times. 

1.02 Terminology 

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the 

Bidding Requirements or Contract Documents, have the indicated meaning. 

B. Intent of Certain Terms or Adjectives: 

C. Day: 

Page | 56 

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as 

directed” or terms of like effect or import to authorize an exercise of professional judgment by 

Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” 

“satisfactory,” or adjectives of like effect or import are used to describe an action or determination 

of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or 

determination will be solely to evaluate, in general, the Work for compliance with the information 

in the Contract Documents and with the design concept of the Project as a functioning whole as 

shown or indicated in the Contract Documents (unless there is a specific statement indicating 

otherwise). The use of any such term or adjective is not intended to and shall not be effective to 

assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any 

duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any 

other provision of the Contract Documents. 

D. Defective: 

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. 

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, 

faulty, or deficient in that it: 

a. does not conform to the Contract Documents; or 

b. does not meet the requirements of any applicable inspection, reference standard, test, or 

approval referred to in the Contract Documents; or 

c. has been damaged prior to Engineer’s recommendation of final payment (unless 

responsibility for the protection thereof has been assumed by Owner at Substantial 

Completion in accordance with Paragraph 14.04 or 14.05). 

E. Furnish, Install, Perform, Provide: 

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to 

supply and deliver said services, materials, or equipment to the Site (or some other specified 

location) ready for use or installation and in usable or operable condition.


Page | 57 

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to 

put into use or place in final position said services, materials, or equipment complete and ready for 

intended use. 

3. The words “perform” or “provide,” when used in connection with services, materials, or 

equipment, shall mean to furnish and install said services, materials, or equipment complete and 

ready for intended use. 

4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, 

materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is 

implied. 

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or 

construction industry or trade meaning are used in the Contract Documents in accordance with such 

recognized meaning. 

ARTICLE 2 – PRELIMINARY MATTERS 

2.01 Delivery of Bonds and Evidence of Insurance 

A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also 

deliver to Owner such bonds as Contractor may be required to furnish. 

B. Evidence of Insurance: Before any Work at the Site is started, Contractor shall deliver to the Owner, with 

copies to each additional insured, certificates of insurance (and other evidence of insurance which the 

Owner or any additional insured may reasonably request) which Contractor is required to purchase and 

maintain in accordance with the Contract Documents. 

2.02 Copies of Documents 

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. 

Additional copies will be furnished upon request at the cost of reproduction. 

2.03 Commencement of Contract Times; Notice to Proceed 

A. The Contract Time will commence to run no later than 120 days after the posting of the recommended 

award or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier (unless 

otherwise agreed by Owner and Contractor in writing). 

2.04 Starting the Work 

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No 

Work shall be done at the Site prior to the date on which the Contract Times commence to run. 

2.05 Before Starting Construction 

A. Construction Schedule: Within 10 days after the Effective Date of the Agreement (unless otherwise 

specified in the General Requirements), Contractor shall submit to Engineer for timely review: 

1. a Construction Schedule indicating the times (numbers of days or dates) for starting and 

completing the various stages of the Work, including any Milestones specified in the Contract 

Documents; 

2. a Schedule of Submittals; and 

3. a Schedule of Values for all of the Work which includes quantities and prices of items which when 

added together equal the Contract Price and subdivides the Work into component parts in

sufficient detail to serve as the basis for progress payments during performance of the Work. Such 

prices will include an appropriate amount of overhead and profit applicable to each item of Work. 

2.06 Preconstruction Conference; Designation of Authorized Representatives 

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as 

appropriate will be held to establish a working understanding among the parties as to the Work and to 

discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other 

submittals, processing Applications for Payment, and maintaining required records. 

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its 

authorized representative with respect to the services and responsibilities under the Contract. Such 

individuals shall have the authority to transmit instructions, receive information, render decisions relative to 

the Contract, and otherwise act on behalf of each respective party. 

2.07 Initial Acceptance of Schedules 

3.01 Intent 


A. At least 10 days before submission of the first Application for Payment a conference attended by 

Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as 

provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an 

additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No 

progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the 

Work to completion within the Contract Times. Such acceptance will not impose on Engineer 

responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor 

interfere with or relieve Contractor from Contractor’s full responsibility therefor. 

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable 

arrangement for reviewing and processing the required submittals. 

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it 

provides a reasonable allocation of the Contract Price to component parts of the Work. 

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 

A. The Contract Documents are complementary; what is required by one is as binding as if required by all. 

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be 

constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or 

equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or 

trade usage as being required to produce the indicated result will be provided whether or not specifically 

called for, at no additional cost to Owner. 

C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in 

Article 9. 

3.02 Reference Standards 

A. Standards, Specifications, Codes, Laws, and Regulations 

1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or 

association, or to Laws or Regulations, whether such reference be specific or by implication, shall 

mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of 

opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may 

be otherwise specifically stated in the Contract Documents. 

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2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, 

shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any 

of their subcontractors, consultants, agents, or employees, from those set forth in the Contract 

Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or 

any of their officers, directors, members, partners, employees, agents, consultants, or 

subcontractors, any duty or authority to supervise or direct the performance of the Work or any 

duty or authority to undertake responsibility inconsistent with the provisions of the Contract 

Documents. 

3.03 Reporting and Resolving Discrepancies 

A. Reporting Discrepancies: 

1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part 

of the Work, Contractor shall carefully study and compare the Contract Documents and check and 

verify pertinent figures therein and all applicable field measurements. Contractor shall promptly 

report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor 

discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification 

from Engineer before proceeding with any Work affected thereby. 

2. Contractor’s Review of Contract Documents During Performance of Work: If, during the 

performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy 

within the Contract Documents, or between the Contract Documents and (a) any applicable Law or 

Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, 

then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with 

the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an 

amendment or supplement to the Contract Documents has been issued by one of the methods 

indicated in Paragraph 3.04. 

3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, 

ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should 

have known thereof. 

B. Resolving Discrepancies: 

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the 

Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or 

discrepancy between the provisions of the Contract Documents and: 

a. the provisions of any standard, specification, manual, or code, or the instruction of any 

Supplier (whether or not specifically incorporated by reference in the Contract 

Documents); or 

b. the provisions of any Laws or Regulations applicable to the performance of the Work 

(unless such an interpretation of the provisions of the Contract Documents would result 

in violation of such Law or Regulation). 

3.04 Amending and Supplementing Contract Documents 

A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or 

to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. 

B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in 

the Work may be authorized, by one or more of the following ways: 

1. A Field Order;


3.05 Reuse of Documents 

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2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 

6.17.D.3); or 

3. Engineer’s written interpretation or clarification. 

A. Contractor and any Subcontractor or Supplier shall not: 

1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other 

documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, 

including electronic media editions; or 

2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the 

Project or any other project without written consent of Owner and Engineer and specific written 

verification or adaptation by Engineer. 

B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing 

herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 

3.06 Electronic Data 

A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to 

Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed 

copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types 

are furnished only for the convenience of the receiving party. Any conclusion or information obtained or 

derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the 

electronic files and the hard copies, the hard copies govern. 

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise 

without authorization of the data’s creator, the party receiving electronic files agrees that it will perform 

acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have 

accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be 

corrected by the transferring party. 

C. When transferring documents in electronic media format, the transferring party makes no representations as 

to long term compatibility, usability, or readability of documents resulting from the use of software 

application packages, operating systems, or computer hardware differing from those used by the data’s 

creator. 

ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL 

CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE 

POINTS 

4.01 Availability of Lands 

A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of 

general application but specifically related to use of the Site with which Contractor must comply in 

performing the Work. Owner will obtain in a timely manner and pay for easements for permanent 

structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on 

entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, 

or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a 

Claim therefor as provided in Paragraph 10.05. 

B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal 

title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein


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as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in 

accordance with applicable Laws and Regulations. 

C. Contractor shall provide for all additional lands and access thereto that may be required for temporary 

construction facilities or storage of materials and equipment. 

4.02 Subsurface and Physical Conditions 

A. Reports and Drawings: Reports and Drawings, if any, will be attached to the Contract Documents. Such 

Reports and Drawings may include: 

1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous 

to the Site; and 

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface 

structures at the Site (except Underground Facilities). 

B. Limited Reliance by Contractor on Technical Data Authorized: Unless otherwise set forth in the 

Supplementary Conditions, Contractor may not rely upon the accuracy of the “technical data” contained in 

such reports and drawings. Such reports and drawings are not Contract Documents. Contractor shall have 

full responsibility with respect to subsurface and physical conditions at or contiguous to the Site. Except 

for such reliance on such “technical data” as set forth in the Supplementary Conditions, if any, Contractor 

may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, 

members, partners, employees, agents, consultants, or subcontractors with respect to: 

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not 

limited to, any aspects of the means, methods, techniques, sequences, and procedures of 

construction to be employed by Contractor, and safety precautions and programs incident thereto; 

or 

2. other data, interpretations, opinions, and information contained in such reports or shown or 

indicated in such drawings; or 

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other 

data, interpretations, opinions, or information. 

4.03 Differing Subsurface or Physical Conditions 

A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 

1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely 

as provided in Paragraph 4.02 is materially inaccurate; or 

2. is of such a nature as to require a change in the Contract Documents; or 

3. differs materially from that shown or indicated in the Contract Documents; or 

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and 

generally recognized as inherent in work of the character provided for in the Contract Documents; 

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface 

or physical conditions or performing any Work in connection therewith (except in an emergency as 

required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor 

shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) 

until receipt of written order to do so. 

B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly 

review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests


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with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and 

conclusions. 

C. Possible Price and Times Adjustments: 

4.04 Underground Facilities 

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the 

existence of such differing subsurface or physical condition causes an increase or decrease in 

Contractor’s cost of, or time required for, performance of the Work; subject, however, to the 

following: 

a. such condition must meet any one or more of the categories described in Paragraph 

4.03.A; and 

b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract 

Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 

2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: 

a. Contractor knew of the existence of such conditions at the time Contractor made a final 

commitment to Owner with respect to Contract Price and Contract Times by the 

submission of a Bid or becoming bound under a negotiated contract; or 

b. the existence of such condition could reasonably have been discovered or revealed as a 

result of any examination, investigation, exploration, test, or study of the Site and 

contiguous areas required by the Bidding Requirements or Contract Documents to be 

conducted by or for Contractor prior to Contractor’s making such final commitment; or 

c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 

3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, 

of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor 

as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, 

directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to 

Contractor for any claims, costs, losses, or damages (including but not limited to all fees and 

charges of engineers, architects, attorneys, and other professionals and all court or arbitration or 

other dispute resolution costs) sustained by Contractor on or in connection with any other project 

or anticipated project. 

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect 

to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to 

Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it 

is otherwise expressly provided in the Supplementary Conditions: 

1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such 

information or data provided by others; and 

2. the cost of all of the following will be included in the Contract Price, and Contractor shall have 

full responsibility for: 

a. reviewing and checking all such information and data; 

b. locating all Underground Facilities shown or indicated in the Contract Documents; 

c. coordination of the Work with the owners of such Underground Facilities, including 

Owner, during construction; and


B. Not Shown or Indicated: 

4.05 Reference Points 

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d. the safety and protection of all such Underground Facilities and repairing any damage 

thereto resulting from the Work. 

1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not 

shown or indicated, or not shown or indicated with reasonable accuracy in the Contract 

Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing 

conditions affected thereby or performing any Work in connection therewith (except in an 

emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and 

give written notice to that owner and to Owner and Engineer. Engineer will promptly review the 

Underground Facility and determine the extent, if any, to which a change is required in the 

Contract Documents to reflect and document the consequences of the existence or location of the 

Underground Facility. During such time, Contractor shall be responsible for the safety and 

protection of such Underground Facility. 

2. If Engineer concludes that a change in the Contract Documents is required, a Work Change 

Directive or a Change Order will be issued to reflect and document such consequences. An 

equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent 

that they are attributable to the existence or location of any Underground Facility that was not 

shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents 

and that Contractor did not know of and could not reasonably have been expected to be aware of 

or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the 

amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or 

Contractor may make a Claim therefor as provided in Paragraph 10.05. 

A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s 

judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for 

laying out the Work, shall protect and preserve the established reference points and property monuments, 

and shall make no changes or relocations without the prior written approval of Owner. Contractor shall 

report to Engineer whenever any reference point or property monument is lost or destroyed or requires 

relocation because of necessary changes in grades or locations, and shall be responsible for the accurate 

replacement or relocation of such reference points or property monuments by professionally qualified 

personnel. 

4.06 Hazardous Environmental Condition at Site 

A. Reports and Drawings: Reports and Drawings, if any, will be attached to the Contract Documents. Such 

reports and drawings will include those known to Owner relating to Hazardous Environmental Conditions 

that have been identified at the Site. 

B. Limited Reliance by Contractor on Technical Data Authorized: Unless otherwise set forth in the 

Supplementary Conditions, the Contractor may not rely upon the accuracy of the “technical data” contained 

in such reports and drawings. Such reports and drawings are not Contract Documents. Except for such 

reliance on such “technical data” as set forth in the Supplementary Conditions, if any, Contractor may not 

rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, 

partners, employees, agents, consultants, or subcontractors with respect to: 

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not 

limited to, any aspects of the means, methods, techniques, sequences and procedures of 

construction to be employed by Contractor and safety precautions and programs incident thereto; 

or 

2. other data, interpretations, opinions and information contained in such reports or shown or 

indicated in such drawings; or


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3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other 

data, interpretations, opinions or information. 

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at 

the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract 

Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous 

Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, 

Suppliers, or anyone else for whom Contractor is responsible. 

D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom 

Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) 

secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any 

area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and 

Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with 

Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take 

corrective action, if any. 

E. Contractor shall not be required to resume Work in connection with such condition or in any affected area 

until after Owner has obtained any required permits related thereto and delivered written notice to 

Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the 

resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed 

safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any 

adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special 

conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim 

therefor as provided in Paragraph 10.05. 

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable 

belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may 

order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If 

Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment 

in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may 

make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work 

performed by Owner’s own forces or others in accordance with Article 7. 

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless 

Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, 

agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, 

and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 

professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a 

Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not 

shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be 

included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom 

Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any 

individual or entity from and against the consequences of that individual’s or entity’s own negligence. 

Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of 

sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. 

H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless 

Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and 

subcontractors of each and any of them from and against all claims, costs, losses, and damages (including 

but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all 

court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous 

Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing 

in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against 

the consequences of that individual’s or entity’s own negligence. 

I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition 

uncovered or revealed at the Site.


ARTICLE 5 – BONDS AND INSURANCE 

5.01 Performance, Payment, and Other Bonds 

A. This space left blank intentionally. 

5.02 Licensed Sureties and Insurers 

A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or 

Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the 

jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages 

so required. Such surety and insurance companies shall also meet such additional requirements and 

qualifications as may be provided in the Supplementary Conditions. 

5.03 Certificates of Insurance 

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the 

Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner 

or any other additional insured) which Contractor is required to purchase and maintain. 

B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the 

Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 

Contractor or any other additional insured) which Owner is required to purchase and maintain. 

C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these 

insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence 

provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 

D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be 

adequate to protect Contractor. 

E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s 

liability under the indemnities granted to Owner in the Contract Documents. 

5.04 Contractor’s Insurance 

A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and 

as will provide protection from claims set forth below which may arise out of or result from Contractor’s 

performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to 

be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed 

by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 

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1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 

2. claims for damages because of bodily injury, occupational sickness or disease, or death of 

Contractor’s employees; 

3. claims for damages because of bodily injury, sickness or disease, or death of any person other than 

Contractor’s employees; 

4. claims for damages insured by reasonably available personal injury liability coverage which are 

sustained: 

a. by any person as a result of an offense directly or indirectly related to the employment of 

such person by Contractor, or


b. by any other person for any other reason; 

5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible 

property wherever located, including loss of use resulting therefrom; and 

6. claims for damages because of bodily injury or death of any person or property damage arising out 

of the ownership, maintenance or use of any motor vehicle. 

B. The policies of insurance required by this Paragraph 5.04 shall: 

1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written 

on an occurrence basis, include as additional insureds (subject to any customary exclusion 

regarding professional liability) Owner and Engineer, and any other individuals or entities 

identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and 

include coverage for the respective officers, directors, members, partners, employees, agents, 

consultants, and subcontractors of each and any of all such additional insureds, and the insurance 

afforded to these additional insureds shall provide primary coverage for all claims covered 

thereby; 

2. include at least the specific coverages and be written for not less than the limits of liability 

provided in the Supplementary Conditions or required by Laws or Regulations, whichever is 

greater; 

3. include contractual liability insurance covering Contractor’s indemnity obligations under 

Paragraphs 6.11 and 6.20; 

4. contain a provision or endorsement that the coverage afforded will not be canceled, materially 

changed or renewal refused until at least 30 days prior written notice has been given to Owner and 

Contractor and to each other additional insured identified in the Supplementary Conditions to 

whom a certificate of insurance has been issued (and the certificates of insurance furnished by the 

Contractor pursuant to Paragraph 5.03 will so provide); 

5. remain in effect at least until final payment and at all times thereafter when Contractor may be 

correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 

6. include completed operations coverage: 

5.05 [Paragraph intentionally left blank] 




a. Such insurance shall remain in effect for two years after final payment. 

b. Contractor shall furnish Owner and each other additional insured identified in the 

Supplementary Conditions, to whom a certificate of insurance has been issued, evidence 

satisfactory to Owner and any such additional insured of continuation of such insurance 

at final payment and one year thereafter. 

5.09 Acceptance of Bonds and Insurance; Option to Replace 

A. Owner shall review the coverage afforded by or other provisions of the insurance required to be purchased 

or maintained by Contractor after delivery of insurance certificates to Owner in accordance with Paragraph 

2.01B of the General Conditions. Contractor shall furnish to the Owner such additional information in 

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respect to insurance provided by contractor as the Owner may reasonably request. Review of Insurance 

Policies or Insurance Certificates by the Owner shall not relieve or decrease the liability of the Contractor 

hereunder. In case of a breach by Contractor of any insurance provision stated in the Contract Documents, 

the Owner at its option may take out and maintain, at the expense of the Contractor, such insurance as the 

Owner may deem proper and Owner may deduct the cost of such insurance from any monies which may be 

due or become due the Contractor under this Contract. All the policies of insurance (or the certificates or 

other evidence thereof) required to be purchased and maintained by Contractor shall contain the name of 

the Project. 

5.10 Partial Utilization, Acknowledgment of Property Insurer 

A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial 

Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence 

before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice 

thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the 

property insurance shall consent by endorsement on the policy or policies, but the property insurance shall 

not be canceled or permitted to lapse on account of any such partial use or occupancy. 

ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 

6.01 Supervision and Superintendence 

A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such 

attention thereto and applying such skills and expertise as may be necessary to perform the Work in 

accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, 

techniques, sequences, and procedures of construction. Contractor shall not be responsible for the 

negligence of Owner or Engineer in the design or specification of a specific means, method, technique, 

sequence, or procedure of construction which is shown or indicated in and expressly required by the 

Contract Documents. Contractor shall be responsible to see that the completed Work complies accurately 

with the Contract Documents. 

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent 

who shall not be replaced without written notice to Owner and Engineer except under extraordinary 

circumstances. The superintendent will be Contractor’s representative at the Site and shall have the 

authority to act on behalf of the Contractor. All communications given to or received from the 

superintendent shall be binding on Contractor. 

6.02 Labor; Working Hours 

A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and 

perform construction as required by the Contract Documents. Contractor shall at all times maintain good 

discipline and order at the Site. 

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or 

adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be 

performed Monday through Thursday, 7:00 a.m. till 6:00 p.m., excluding holidays, and shall comply with 

the Wellington Noise Ordinance. Contractor will not permit overtime work or the performance of Work on 

Friday, Saturday or Sunday without Owner’s written consent (which will not be unreasonably withheld) 

given after prior written notice to Engineer. 

6.03 Services, Materials, and Equipment 

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full 

responsibility for all services, materials, equipment, labor, transportation, construction equipment and 

machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary


Page | 68 

facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and 

completion of the Work. 

B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of 

good quality and new, except as otherwise provided in the Contract Documents. All special warranties and 

guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by 

Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the 

source, kind, and quality of materials and equipment. 

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, 

and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be 

provided in the Contract Documents. 

6.04 Progress Schedule 

A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may 

be adjusted from time to time as provided below. 

1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 

proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 

Such adjustments will comply generally to the progress schedule then in effect and additionally 

will comply with any provisions of the General Requirements applicable thereto. 

2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be 

submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may 

only be made by a Change Order. 

6.05 Substitutes and “Or-Equals” 

A. Whenever an item of material or equipment is specified or described in the Contract Documents by using 

the name of a proprietary item or the name of a particular Supplier, the specification or description is 

intended to establish the type, function, appearance, and quality required. Unless the specification or 

description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no 

substitution is permitted, other items of material or equipment or material or equipment of other Suppliers 

may be submitted to Engineer for review under the circumstances described below. 

1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by 

Contractor is functionally equal to that named and sufficiently similar so that no change in related 

Work will be required, it may be considered by Engineer as an “or-equal” item, in which case 

review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished 

without compliance with some or all of the requirements for approval of proposed substitute items. 

For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be 

considered functionally equal to an item so named if: 

a. in the exercise of reasonable judgment Engineer determines that: 

1) it is at least equal in materials of construction, quality, durability, appearance, 

strength, and design characteristics; 

2) it will reliably perform at least equally well the function and achieve the results 

imposed by the design concept of the completed Project as a functioning whole; 

and 

3) it has a proven record of performance and availability of responsive service. 

b. Contractor certifies that, if approved and incorporated into the Work:


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2. Substitute Items: 

1) there will be no increase in cost to the Owner or increase in Contract Times; and 

2) it will conform substantially to the detailed requirements of the item named in 

the Contract Documents. 

a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor 

does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a 

proposed substitute item. 

b. Contractor shall submit sufficient information as provided below to allow Engineer to 

determine if the item of material or equipment proposed is essentially equivalent to that 

named and an acceptable substitute therefor. Requests for review of proposed substitute 

items of material or equipment will not be accepted by Engineer from anyone other than 

Contractor. 

c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as 

supplemented by the General Requirements, and as Engineer may decide is appropriate 

under the circumstances. 

d. Contractor shall make written application to Engineer for review of a proposed substitute 

item of material or equipment that Contractor seeks to furnish or use. The application: 

1) shall certify that the proposed substitute item will: 

a) perform adequately the functions and achieve the results called for by 

the general design, 

b) be similar in substance to that specified, and 

c) be suited to the same use as that specified; 

2) will state: 

a) the extent, if any, to which the use of the proposed substitute item will 

prejudice Contractor’s achievement of Substantial Completion on time, 

b) whether use of the proposed substitute item in the Work will require a 

change in any of the Contract Documents (or in the provisions of any 

other direct contract with Owner for other work on the Project) to adapt 

the design to the proposed substitute item, and 

c) whether incorporation or use of the proposed substitute item in 

connection with the Work is subject to payment of any license fee or 

royalty; 

3) will identify: 

a) all variations of the proposed substitute item from that specified, and 

b) available engineering, sales, maintenance, repair, and replacement 

services; and 

4) shall contain an itemized estimate of all costs or credits that will result directly 

or indirectly from use of such substitute item, including costs of redesign and 

claims of other contractors affected by any resulting change.


B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or 

procedure of construction is expressly required by the Contract Documents, Contractor may furnish or 

utilize a substitute means, method, technique, sequence, or procedure of construction approved by 

Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to 

determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 

The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. 

C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal 

or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish 

additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or 

equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be 

evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” 

Engineer will advise Contractor in writing of any negative determination. 

D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance 

guarantee or other surety with respect to any substitute. 

E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed 

or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves 

a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable 

charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner 

for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions 

of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 

F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” 

at Contractor’s expense. 

6.06 Concerning Subcontractors, Suppliers, and Others 

A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those 

acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom 

Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, 

Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has 

reasonable objection. 

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other 

individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date 

prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance 

with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written 

objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the 

Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be 

revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable 

replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price 

will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change 

Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or 

entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to 

reject defective Work. 

Page | 70 

If the Bid Form or Specifications require (or if requested by Owner prior to the Notice of Award), the 

apparent successful Bidder and any other Bidder so requested, shall submit a list of all Subcontractors, 

Suppliers, and other persons or organizations (including those who are to furnish the principal items of 

material and equipment) in accordance with requirements of the Instructions to Bidders and this Article 

6.06B of the General Conditions. 

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the 

Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as 

Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents:


Page | 71 

1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any 

contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other 

individual or entity; nor 

2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any 

moneys due any such Subcontractor, Supplier, or other individual or entity except as may 

otherwise be required by Laws and Regulations. 

Owner or Engineer may furnish to any such Subcontractor, Supplier, or other individual or entity, to the 

extent practicable, evidence of amounts paid to Contractor in accordance with Contractor’s Application for 

Payment. 

D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, 

Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or 

indirect contract with Contractor. 

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or 

furnishing any of the Work to communicate with Engineer through Contractor. 

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control 

Contractor in dividing the Work among Subcontractors or Suppliers or delineating the work to be 

performed by any specific trade. 

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate 

agreement between Contractor and the Subcontractor or Supplier which specifically binds the 

Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit 

of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as 

a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 

and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all 

rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the 

Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, 

partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and 

damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered 

by such policies and any other property insurance applicable to the Work. If the insurers on any such 

policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will 

obtain the same. 

6.07 Patent Fees and Royalties 

A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the 

performance of the Work or the incorporation in the Work of any invention, design, process, product, or 

device which is the subject of patent rights or copyrights held by others. If a particular invention, design, 

process, product, or device is specified in the Contract Documents for use in the performance of the Work 

and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling 

for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by 

Owner in the Contract Documents. 

B. [Paragraph intentionally left blank.] 

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless 

Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and 



court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent 

rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation 

in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 

Nothing herein shall be construed or interpreted as consent by the Owner to be sued, nor as a waiver of 

sovereign immunity beyond the waiver and limits provided in §768.28, Florida Statutes.

6.08 Permits 

A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all 

construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits 

and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the 

prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the 

Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for 

providing permanent service to the Work. 

6.09 Laws and Regulations 

6.10 Taxes 


A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to 

the performance of the Work. Except where otherwise expressly required by applicable Laws and 

Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with 

any Laws or Regulations. 

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or 

Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all 

fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or 

other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s 

primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws 

and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. 

C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the 

Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be 

the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to 

agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made 

therefor as provided in Paragraph 10.05. 

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in 

accordance with the Laws and Regulations of the place of the Project which are applicable during the 

performance of the Work. Sales Tax shall be paid in accordance with the Sales Tax Recovery Program 

Special Conditions when applicable, as determined by the Owner and/or Engineer. 

6.11 Use of Site and Other Areas 

A. Limitation on Use of Site and Other Areas: 

Page | 72 

1. Contractor shall confine construction equipment, the storage of materials and equipment, and the 

operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not 

unreasonably encumber the Site and other areas with construction equipment or other materials or 

equipment. Contractor shall assume full responsibility for any damage to any such land or area, or 

to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance 

of the Work. 

2. Should any claim be made by any such owner or occupant because of the performance of the 

Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve 

the claim by arbitration or other dispute resolution proceeding or at law. 

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold 

harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, 

consultants and subcontractors of each and any of them from and against all claims, costs, losses, 

and damages (including but not limited to all fees and charges of engineers, architects, attorneys, 

and other professionals and all court or arbitration or other dispute resolution costs) arising out of 

or relating to any claim or action, legal or equitable, brought by any such owner or occupant


Page | 73 

against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or 

based upon Contractor’s performance of the Work. Nothing herein shall be construed or 

interpreted as consent by the Owner to be sued, nor as a waiver of sovereign immunity beyond the 

waiver or limits provided in §768.28, Florida Statutes. 

B. Removal of DebrisDuring Performance of the Work: During the progress of the Work Contractor shall keep 

the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and 

disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and 

Regulations. 

C. Cleaning: Prior to Substantial Completion of the Work, Contractor shall clean the Site and the Work and 

make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the 

Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to 

original condition all property not designated for alteration by the Contract Documents. 

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any 

manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent 

property to stresses or pressures that will endanger it. 

6.12 Record Documents 

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, 

Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and 

clarifications in good order and annotated to show changes made during construction. These record 

documents together with all approved Samples and a counterpart of all approved Shop Drawings will be 

available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and 

Shop Drawings will be delivered to Engineer for Owner. 

6.13 Safety and Protection 

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and 

programs in connection with the Work. Such responsibility does not relieve Subcontractors of their 

responsibility for the safety of persons or property in the performance of their work, nor for compliance 

with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety 

of, and shall provide the necessary protection to prevent damage, injury or loss to: 

1. all persons on the Site or who may be affected by the Work; 

2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off 

the Site; and 

3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, 

roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, 

or replacement in the course of construction. 

B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or 

property, or to the protection of persons or property from damage, injury, or loss; and shall erect and 

maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent 

property and of Underground Facilities and other utility owners when prosecution of the Work may affect 

them, and shall cooperate with them in the protection, removal, relocation, and replacement of their 

property. 

C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The 

Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. 

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program 

with which Owner’s and Engineer’s employees and representatives must comply while at the Site.


E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or 

indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity 

directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any 

of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of 

Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of 

them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in 

whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual 

or entity directly or indirectly employed by any of them) at no additional cost to the Owner or Engineer. 

F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such 

time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance 

with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection 

with Substantial Completion). 

6.14 Safety Representative 

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and 

responsibilities shall be the prevention of accidents and the maintaining and supervising of safety 

precautions and programs. 

6.15 Hazard Communication Programs 

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard 

communication information required to be made available to or exchanged between or among employers at 

the Site in accordance with Laws or Regulations. 

6.16 Emergencies 

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent 

thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give 

Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations 

from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer 

determines that a change in the Contract Documents is required because of the action taken by Contractor 

in response to such an emergency, a Work Change Directive or Change Order will be issued. 

6.17 Shop Drawings and Samples 

A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance 

with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified 

as Engineer may require. 

Page | 74 

1. Shop Drawings: 

a. Submit number of copies specified in the General Requirements. 

b. Data shown on the Shop Drawings will be complete with respect to quantities, 

dimensions, specified performance and design criteria, materials, and similar data to 

show Engineer the services, materials, and equipment Contractor proposes to provide and 

to enable Engineer to review the information for the limited purposes required by 

Paragraph 6.17.D. 

2. Samples: 

a. Submit number of Samples specified in the Specifications. 

b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog 

numbers, the use for which intended and other data as Engineer may require to enable 

Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.


B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, 

any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at 

the sole expense and responsibility of Contractor. 

C. Submittal Procedures: 

Page | 75 

1. Before submitting each Shop Drawing or Sample, Contractor shall have: 

a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and 

Samples and with the requirements of the Work and the Contract Documents; 

b. determined and verified all field measurements, quantities, dimensions, specified 

performance and design criteria, installation requirements, materials, catalog numbers, 

and similar information with respect thereto; 

c. determined and verified the suitability of all materials offered with respect to the 

indicated application, fabrication, shipping, handling, storage, assembly, and installation 

pertaining to the performance of the Work; and 

d. determined and verified all information relative to Contractor’s responsibilities for 

means, methods, techniques, sequences, and procedures of construction, and safety 

precautions and programs incident thereto. 

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied 

Contractor’s obligations under the Contract Documents with respect to Contractor’s review and 

approval of that submittal. 

3. With each submittal, Contractor shall give Engineer specific written notice of any variations that 

the Shop Drawing or Sample may have from the requirements of the Contract Documents. This 

notice shall be both a written communication separate from the Shop Drawings or Sample 

submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample 

submitted to Engineer for review and approval of each such variation. 

D. Engineer’s Review: 

1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the 

Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to 

determine if the items covered by the submittals will, after installation or incorporation in the 

Work, conform to the information given in the Contract Documents and be compatible with the 

design concept of the completed Project as a functioning whole as indicated by the Contract 

Documents. 

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or 

procedures of construction (except where a particular means, method, technique, sequence, or 

procedure of construction is specifically and expressly called for by the Contract Documents) or to 

safety precautions or programs incident thereto. The review and approval of a separate item as 

such will not indicate approval of the assembly in which the item functions. 

3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation 

from the requirements of the Contract Documents unless Contractor has complied with the 

requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such 

variation by specific written notation thereof incorporated in or accompanying the Shop Drawing 

or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for 

complying with the requirements of Paragraph 6.17.C.1. 

E. Resubmittal Procedures:


6.18 Continuing the Work 

Page | 76 

1. Contractor shall make corrections required by Engineer and shall return the required number of 

corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. 

Contractor shall direct specific attention in writing to revisions other than the corrections called for 

by Engineer on previous submittals. 

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or 

disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or 

disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in 

writing. 

6.19 Contractor’s General Warranty and Guarantee 

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract 

Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, 

agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty 

and guarantee. 

B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 

1. abuse, modification, or improper maintenance or operation by persons other than Contractor, 

Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 

2. normal wear and tear under normal usage. 

C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents 

shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance 

with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance 

with the Contract Documents: 

6.20 Indemnification 

1. observations by Engineer; 

2. recommendation by Engineer or payment by Owner of any progress or final payment; 

3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto 

by Owner; 

4. use or occupancy of the Work or any part thereof by Owner; 

5. any acceptance by Owner or any failure to do so; 

6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of 

acceptability by Engineer; 

7. any inspection, test, or approval by others; or 

8. any correction of defective Work by Owner. 

A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless 

Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and 



court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the 

Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, 

or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of


Page | 77 

use resulting therefrom but only to the extent caused by any negligent act or omission, recklessness or 

intentional wrongful misconduct of Contractor, any Subcontractor, any Supplier, or any individual or entity 

directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of 

them may be liable. Nothing herein shall be construed or interpreted as consent by the Owner to be sued, 

nor as a waiver of sovereign immunity beyond the waiver or limits provided in §768.28, Florida Statutes. 

B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, 

employees, agents, consultants, or subcontractors by any employee (or the survivor or personal 

representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity 

directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any 

of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any 

way by any limitation on the amount or type of damages, compensation, or benefits payable by or for 

Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation 

acts, disability benefit acts, or other employee benefit acts. 

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of 

Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and 

subcontractors arising out of: 

1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, 

reports, surveys, Change Orders, designs, or Specifications; or 

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury 

or damage. 

6.21 Delegation of Professional Design Services 

A. Contractor will not be required to provide professional design services unless such services are specifically 

required by the Contract Documents for a portion of the Work or unless such services are required to carry 

out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. 

Contractor shall not be required to provide professional services in violation of applicable law. 

B. If professional design services or certifications by a design professional related to systems, materials or 

equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will 

specify all performance and design criteria that such services must satisfy. Contractor shall cause such 

services or certifications to be provided by a properly licensed professional, whose signature and seal shall 

appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals 

prepared by such professional. Shop Drawings and other submittals related to the Work designed or 

certified by such professional, if prepared by others, shall bear such professional’s written approval when 

submitted to Engineer. 

C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, 

certifications or approvals performed by such design professionals, provided Owner and Engineer have 

specified to Contractor all performance and design criteria that such services must satisfy. 

D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design 

drawings will be only for the limited purpose of checking for conformance with performance and design 

criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval 

of Shop Drawings and other submittals (except design calculations and design drawings) will be only for 

the purpose stated in Paragraph 6.17.D.1. 

E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the 


ARTICLE 7 – OTHER WORK AT THE SITE 

7.01 Related Work at Site


A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other 

direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in 

the Contract Documents, then: 

1. written notice thereof will be given to Contractor prior to starting any such other work; and 

2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, 

of any adjustment in the Contract Price or Contract Times that should be allowed as a result of 

such other work, a Claim may be made therefor as provided in Paragraph 10.05. 

B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and 

Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, 

provide a reasonable opportunity for the introduction and storage of materials and equipment and the 

execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, 

fitting, and patching of the Work that may be required to properly connect or otherwise make its several 

parts come together and properly integrate with such other work. Contractor shall not endanger any work of 

others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut 

or alter others' work with the written consent of Engineer and the others whose work will be affected. The 

duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and 

other contractors to the extent that there are comparable provisions for the benefit of Contractor in said 

direct contracts between Owner and such utility owners and other contractors. 

C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others 

under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing 

any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper 

execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance 

of such other work as fit and proper for integration with Contractor’s Work except for latent defects and 

deficiencies in such other work. 

7.02 Coordination 

A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the 

following will be set forth in Supplementary Conditions: 

1. the individual or entity who will have authority and responsibility for coordination of the activities 

among the various contractors will be identified; 

2. the specific matters to be covered by such authority and responsibility will be itemized; and 

3. the extent of such authority and responsibilities will be provided. 

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and 

responsibility for such coordination. 

7.03 Legal Relationships 

A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 

B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable 

to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 

result of the other contractor’s wrongful actions or inactions. 

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the 

reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s 

wrongful action or inactions. 

ARTICLE 8 – OWNER’S RESPONSIBILITIES 

Page | 78


8.01 Communications to Contractor 

A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to 

Contractor through Engineer. 

8.02 Replacement of Engineer 

A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom 

Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the 

former Engineer. 

8.03 Furnish Data 

A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 

8.04 Pay When Due 

A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 

14.07.C. 

8.05 Lands and Easements; Reports and Tests 

A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to 

establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s 

identifying and making available to Contractor copies of reports of explorations and tests of subsurface 

conditions and drawings of physical conditions relating to existing surface or subsurface structures at the 

Site. 

8.06 Insurance 

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance 

are set forth in Article 5. 

8.07 Change Orders 

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 

8.08 Inspections, Tests, and Approvals 

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 

13.03.B. 

8.09 Limitations on Owner’s Responsibilities 

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, 

Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety 

precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and 

Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s 

failure to perform the Work in accordance with the Contract Documents. 

8.10 Undisclosed Hazardous Environmental Condition 

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in 

Paragraph 4.06. 

8.11 Evidence of Financial Arrangements 

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A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial 

arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 

8.12 Compliance with Safety Program 

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable 

requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 

6.13.D. 

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 

9.01 Owner’s Representative 

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and 

the limitations of authority of Engineer as Owner’s representative during construction are set forth in the 


9.02 Visits to Site 

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as 

Engineer deems necessary in order to observe as an experienced and qualified design professional the 

progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based 

on information obtained during such visits and observations, Engineer, for the benefit of Owner, will 

determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will 

not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of 

the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence 

that the completed Work will conform generally to the Contract Documents. On the basis of such visits and 

observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard 

Owner against defective Work. 

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and 

responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of 

Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have 

authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of 

construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to 

comply with Laws and Regulations applicable to the performance of the Work. 

9.03 Project Representative 

A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in 

providing more extensive observation of the Work. The duties, responsibilities and limitations of authority 

of any such Resident Project Representative and assistants will be as provided in the LISTING OF THE 

DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT 

REPRESENTATIVE (the “Listing”), as included in the Project Manual, and as provided in Paragraph 9.09. 

If any conflicts exist between the Listing and Paragraph 9.09, the terms and conditions of the Listing shall 

govern. If Owner designates another representative or agent to represent Owner at the Site who is not 

Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such 

other individual or entity will be as presented at the Pre-Construction Meeting. 

9.04 Authorized Variations in Work 

A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents 

which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the 

design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 

These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who 

shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an 

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adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on 

entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as 

provided in Paragraph 10.05. 

9.05 Rejecting Defective Work 

A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer 

believes will not produce a completed Project that conforms to the Contract Documents or that will 

prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated 

by the Contract Documents. Engineer will also have authority to require special inspection or testing of the 

Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 

9.06 Shop Drawings, Change Orders and Payments 

A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see 


B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design 

drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. 

C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. 

D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 

9.07 Determinations for Unit Price Work 

A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by 

Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such 

matters before rendering a written decision thereon (by recommendation of an Application for Payment or 

otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer 

to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the 

provisions of Paragraph 10.05. 

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 

A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the 

acceptability of the Work thereunder. All matters in question and other matters between Owner and 

Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the 

interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, 

will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. 

B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or 

Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract 

Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the 

date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 

C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, 

subject to the provisions of Paragraph 10.05. 

D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to 

Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in 

good faith in such capacity. 

9.09 Limitations on Engineer’s Authority and Responsibilities 

A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the 

Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise 

such authority or responsibility or the undertaking, exercise, or performance of any authority or


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responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed 

by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety 

for or employee or agent of any of them. 

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s 

means, methods, techniques, sequences, or procedures of construction, or the safety precautions and 

programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable 

to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the 

Work in accordance with the Contract Documents. 

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any 

Supplier, or of any other individual or entity performing any of the Work. 

D. Engineer’s review of the final Application for Payment and accompanying documentation and all 

maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and 

approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to 

determine generally that their content complies with the requirements of, and in the case of certificates of 

inspections, tests, and approvals that the results certified indicate compliance with, the Contract 

Documents. 

E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the 

Resident Project Representative, if any, and assistants, if any. 

9.10 Compliance with Safety Program 

A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable 

requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 

6.13.D. 

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 

10.01 Authorized Changes in the Work 

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to 

time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. 

Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will 

be performed under the applicable conditions of the Contract Documents (except as otherwise specifically 

provided). 

B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an 

adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work 

Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 

10.02 Unauthorized Changes in the Work 

A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times 

with respect to any work performed that is not required by the Contract Documents as amended, modified, 

or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in 

Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 

10.03 Execution of Change Orders 

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required 

because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of 

defective Work under Paragraph 13.09, or (iii) agreed to by the parties;

10.04 Notification to Surety 

10.05 Claims 


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2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any 

undisputed sum or amount of time for Work actually performed in accordance with a Work 

Change Directive; and 

3. changes in the Contract Price or Contract Times which embody the substance of any written 

decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any 

such Change Order, an appeal may be taken from any such decision in accordance with the 

provisions of the Contract Documents and applicable Laws and Regulations, but during any such 

appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in 

Paragraph 6.18.A. 

A. If the provisions of any bond require notice to be given to a surety of any change affecting the general 

scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract 

Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of 

each applicable bond will be adjusted to reflect the effect of any such change. 

A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be 

referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to 

any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the 

Contract Documents or by Laws and Regulations in respect of such Claims. 

B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to 

Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of 

the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the 

Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer 

and the other party to the Contract within 60 days after the start of such event (unless Engineer allows 

additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim 

for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 

12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions 

of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the 

adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said 

event. The opposing party shall submit any response to Engineer and the claimant within 30 days after 

receipt of the claimant’s last submittal (unless Engineer allows additional time). 

C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal 

of the claimant or the last submittal of the opposing party, if any, take one of the following actions in 

writing: 

1. deny the Claim in whole or in part; 

2. approve the Claim; or 

3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole 

discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution 

of the Claim, such notice shall be deemed a denial. 

D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed 

denied. 

E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D 

will be final and binding upon Owner and Contractor. 

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in 

accordance with this Paragraph 10.05.


11.01 Cost of the Work 

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ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 

11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the 

value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is 

determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those 

additional or incremental costs required because of the change in the Work or because of the event giving 

rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in 

amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs 

itemized in Paragraph 11.01.B, and shall include only the following items: 

1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work 

under schedules of job classifications agreed upon by Owner and Contractor. Such employees 

shall include, without limitation, superintendents, foremen, and other personnel employed full 

time on the Work. Payroll costs for employees not employed full time on the Work shall be 

apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be 

limited to, salaries and wages plus the cost of fringe benefits, which shall include social security 

contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and 

retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses 

of performing Work outside of regular working hours, on Sunday, or legal holidays, shall be 

included in the above to the extent authorized by Owner. 

2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of 

transportation and storage thereof, and Suppliers’ field services required in connection therewith. 

All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with 

which to make payments, in which case the cash discounts shall accrue to Owner. All trade 

discounts, rebates and refunds and returns from sale of surplus materials and equipment shall 

accrue to Owner, and Contractor shall make provisions so that they may be obtained. 

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If 

required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to 

Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the 

advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the 

Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of 

the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and 

fee as provided in this Paragraph 11.01. 

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, 

surveyors, attorneys, and accountants) employed for services specifically related to the Work. 

5. Supplemental costs including the following: 

a. The proportion of necessary transportation, travel, and subsistence expenses of 

Contractor’s employees incurred in discharge of duties connected with the Work. 

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, 

machinery, appliances, office, and temporary facilities at the Site, and hand tools not 

owned by the workers, which are consumed in the performance of the Work, and cost, 

less market value, of such items used but not consumed which remain the property of 

Contractor. 

c. Rentals of all construction equipment and machinery, and the parts thereof whether 

rented from Contractor or others in accordance with rental agreements approved by 

Owner with the advice of Engineer, and the costs of transportation, loading, unloading, 

assembly, dismantling, and removal thereof. All such costs shall be in accordance with


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the terms of said rental agreements. The rental of any such equipment, machinery, or 

parts shall cease when the use thereof is no longer necessary for the Work. 

d. Sales, consumer, use, and other similar taxes related to the Work, and for which 

Contractor is liable, as imposed by Laws and Regulations. 

e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or 

anyone directly or indirectly employed by any of them or for whose acts any of them may 

be liable, and royalty payments and fees for permits and licenses. 

f. Losses and damages (and related expenses) caused by damage to the Work, not 

compensated by insurance or otherwise, sustained by Contractor in connection with the 

performance of the Work (except losses and damages within the deductible amounts of 

property insurance established in accordance with Paragraph 5.06.D), provided such 

losses and damages have resulted from causes other than the negligence of Contractor, 

any Subcontractor, or anyone directly or indirectly employed by any of them or for 

whose acts any of them may be liable. Such losses shall include settlements made with 

the written consent and approval of Owner. No such losses, damages, and expenses shall 

be included in the Cost of the Work for the purpose of determining Contractor’s fee. 

g. The cost of utilities, fuel, and sanitary facilities at the Site. 

h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 

Site, express and courier services, and similar petty cash items in connection with the 

Work. 

i. The costs of premiums for all bonds and insurance Contractor is required by the Contract 

Documents to purchase and maintain. 

B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 

1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of 

partnerships and sole proprietorships), general managers, safety managers, engineers, architects, 

estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, 

timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in 

Contractor’s principal or branch office for general administration of the Work and not specifically 

included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or 

specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs 

covered by the Contractor’s fee. 

2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 

3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for 

the Work and charges against Contractor for delinquent payments. 

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly 

employed by any of them or for whose acts any of them may be liable, including but not limited 

to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and 

making good any damage to property. 

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and 

expressly included in Paragraphs 11.01.A. 

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be 

determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when 

a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s 

fee shall be determined as set forth in Paragraph 12.01.C.


D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to 

Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with 

generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost 

breakdown together with supporting data. 

11.02 Allowances 

A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract 

Documents and shall cause the Work so covered to be performed for such sums and by such persons or 

entities as may be acceptable to Owner and Engineer. 

B. Cash Allowances: 

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1. Contractor agrees that: 

C. Contingency Allowance: 

a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of 

materials and equipment required by the allowances to be delivered at the Site, and all 

applicable taxes; and 

b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, 

profit, and other expenses contemplated for the cash allowances have been included in 

the Contract Price and not in the allowances, and no demand for additional payment on 

account of any of the foregoing will be valid. 

1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover 

unanticipated costs. 

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect 

actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be 

correspondingly adjusted. 

11.03 Unit Price Work 

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the 

Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit 

price for each separately identified item of Unit Price Work times the estimated quantity of each item as 

indicated in the Agreement. 

B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of 

comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and 

classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the 

provisions of Paragraph 9.07. 

C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover 

Contractor’s overhead and profit for each separately identified item. 

D. Contractor may not make a claim for additional expenses incurred as a result of a difference between final 

quantity of any item(s) of Unit Price Work and the estimated quantity of such item(s) in the Contract 

Documents, unless specifically allowed in the Bid Form. Any adjustments specifically allowed shall be 

made in accordance with directions in the Bid Form. Owner may make a claim for an adjustment in the 

Contract Price in accordance with paragraph 10.05 if the Owner believes that Owner is entitled to a 

decrease in Contract Price and the parties are unable to agree as to the amount of such decrease. 

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES


12.01 Change of Contract Price 

A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract 

Price shall be based on written notice submitted by the party making the Claim to the Engineer and the 

other party to the Contract in accordance with the provisions of Paragraph 10.05. 

B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price 

will be determined as follows: 

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1. where the Work involved is covered by unit prices contained in the Contract Documents, by 

application of such unit prices to the quantities of the items involved (subject to the provisions of 

Paragraph 11.03); or 

2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a 

mutually agreed lump sum (which may include an allowance for overhead and profit not 

necessarily in accordance with Paragraph 12.01.C.2); or 

3. where the Work involved is not covered by unit prices contained in the Contract Documents and 

agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the 

Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit 

(determined as provided in Paragraph 12.01.C). 

C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 

12.02 Change of Contract Times 

1. a mutually acceptable fixed fee; or 

2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various 

portions of the Cost of the Work: 

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall 

be 15 percent; 

b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; 

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee 

and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is 

that the Subcontractor who actually performs the Work, at whatever tier, will be paid a 

fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 

and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a 

fee of five percent of the amount paid to the next lower tier Subcontractor; 

d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 

11.01.A.5, and 11.01.B; 

e. the amount of credit to be allowed by Contractor to Owner for any change which results 

in a net decrease in cost will be the amount of the actual net decrease in cost plus a 

deduction in Contractor’s fee by an amount equal to five percent of such net decrease; 

and 

f. when both additions and credits are involved in any one change, the adjustment in 

Contractor’s fee shall be computed on the basis of the net change in accordance with 

Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 

A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract 

Times shall be based on written notice submitted by the party making the Claim to the Engineer and the 

other party to the Contract in accordance with the provisions of Paragraph 10.05.

12.03 Delays 


B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the 

Contract Times will be determined in accordance with the provisions of this Article 12. 

A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to 

delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time 

lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the 

control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility 

owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, 

abnormal weather conditions, or acts of God. 

B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as 

contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with 

the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the 

Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract 

Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work 

within the Contract Times. 

C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal 

weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or 

other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled 

to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to 

complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive 

remedy for the delays described in this Paragraph 12.03.C. 

D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or 

subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not 

limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 

arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other 

project or anticipated project. 

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the 

control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be 

deemed to be delays within the control of Contractor. 

13.01 Notice of Defects 

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ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR 

ACCEPTANCE OF DEFECTIVE WORK 

A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to 

Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 

13.02 Access to Work 

A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing 

laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the 

Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them 

proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs 

so that they may comply therewith as applicable. 

13.03 Tests and Inspections


A. Contractor shall give twenty-four hours notice to Design Criteria Professional for all required inspections, 

tests, or approvals, except as otherwise provided, and shall cooperate with inspection and testing personnel 

to facilitate required inspections, tests or approvals. 

B. Owner shall employ and pay for the services of an independent testing laboratory to perform all 

inspections, tests, or approvals required by the Contract Documents except: 

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1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 

2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 

13.04.B shall be paid as provided in Paragraph 13.04.C; and 

3. as otherwise specifically provided in the Contract Documents. 

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) 

specifically to be inspected, tested, or approved by an employee or other representative of such public body, 

Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, 

pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or 

approval. 

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any 

inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment 

to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for 

approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or 

approvals shall be performed by organizations acceptable to Owner and Engineer. 

E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor 

without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for 

observation. 

F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has 

given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with 

reasonable promptness in response to such notice. 

13.04 Uncovering Work 

A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be 

uncovered for Engineer’s observation and replaced at Contractor’s expense. 

B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or 

tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for 

observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing 

all necessary labor, material, and equipment. 

C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and 

damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 

professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such 

uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or 

reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner 

shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the 

amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. 

D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract 

Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, 

observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the 

amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 

13.05 Owner May Stop the Work


A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or 

equipment, or fails to perform the Work in such a way that the completed Work will conform to the 

Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause 

for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any 

duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any 

Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 

13.06 Correction or Removal of Defective Work 

A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not 

fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the 

Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and 

damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 

professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such 

correction or removal (including but not limited to all costs of repair or replacement of work of others). 

B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor 

shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on 

said Work. 

13.07 Correction Period 

A. If within one year after the date of Substantial Completion (or such longer period of time as may be 

prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any 

specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any 

damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and 

Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, 

without cost to Owner and in accordance with Owner’s written instructions: 

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1. repair such defective land or areas; or 

2. correct such defective Work; or 

3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with 

Work that is not defective, and 

4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of 

others or other land or areas resulting therefrom. 

B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency 

where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or 

repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages 

(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals 

and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or 

repair or such removal and replacement (including but not limited to all costs of repair or replacement of 

work of others) will be paid by Contractor. 

C. In special circumstances where a particular item of equipment is placed in continuous service before 

Substantial Completion of all the Work, the correction period for that item may start to run from an earlier 

date if so provided in the Specifications. 

D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and 

replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be 

extended for an additional period of one year after such correction or removal and replacement has been 

satisfactorily completed. 

E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The


Page | 91 

provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions 

of any applicable statute of limitation or repose. 

13.08 Acceptance of Defective Work 

A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to 

Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor 

shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of 

engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 

resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work 

(such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to 

the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to 

Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary 

revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an 

appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the 

parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in 

Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid 

by Contractor to Owner. 

13.09 Owner May Correct Defective Work 

A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or 

to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if 

Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to 

comply with any other provision of the Contract Documents, Owner may, after seven days written notice to 

Contractor, correct, or remedy any such deficiency. 

B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In 

connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the 

Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take 

possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and 

incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid 

Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents 

and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to 

enable Owner to exercise the rights and remedies under this Paragraph. 

C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, 

architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 

incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be 

charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the 

Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the 

Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a 

Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not 

be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, 

removal, or replacement of Contractor’s defective Work. 

D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the 

performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this 


ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 

14.01 Schedule of Values 

A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress 

payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress 

payments on account of Unit Price Work will be based on the number of units completed.


14.02 Progress Payments 

A. Applications for Payments: 

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1. At least 20 days before the date established in the Agreement for each progress payment (but not 

more often than once a month), Contractor shall submit to Engineer for review an Application for 

Payment filled out and signed by Contractor covering the Work completed as of the date of the 

Application and accompanied by such supporting documentation as is required by the Contract 

Documents. If payment is requested on the basis of materials and equipment not incorporated in 

the Work but delivered and suitably stored at the Site or at another location agreed to in writing, 

the Application for Payment shall also be accompanied by a bill of sale, invoice, or other 

documentation warranting that Owner has received the materials and equipment free and clear of 

all Liens and evidence that the materials and equipment are covered by appropriate property 

insurance or other arrangements to protect Owner’s interest therein, all of which must be 

satisfactory to Owner. 

2. Beginning with the second Application for Payment, each Application shall include an affidavit of 

Contractor stating that all previous progress payments received on account of the Work have been 

applied on account to discharge Contractor’s legitimate obligations associated with prior 

Applications for Payment. 

3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 

B. Review of Applications: 

1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in 

writing a recommendation of payment and present the Application to Owner or return the 

Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend 

payment. In the latter case, Contractor may make the necessary corrections and resubmit the 

Application. 

2. Engineer’s recommendation of any payment requested in an Application for Payment will 

constitute a representation by Engineer to Owner, based on Engineer’s observations of the 

executed Work as an experienced and qualified design professional, and on Engineer’s review of 

the Application for Payment and the accompanying data and schedules, that to the best of 

Engineer’s knowledge, information and belief: 

a. the Work has progressed to the point indicated; 

b. the quality of the Work is generally in accordance with the Contract Documents (subject 

to an evaluation of the Work as a functioning whole prior to or upon Substantial 

Completion, the results of any subsequent tests called for in the Contract Documents, a 

final determination of quantities and classifications for Unit Price Work under Paragraph 

9.07, and any other qualifications stated in the recommendation); and 

c. the conditions precedent to Contractor’s being entitled to such payment appear to have 

been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 

3. By recommending any such payment Engineer will not thereby be deemed to have represented 

that: 

a. inspections made to check the quality or the quantity of the Work as it has been 

performed have been exhaustive, extended to every aspect of the Work in progress, or 

involved detailed inspections of the Work beyond the responsibilities specifically 

assigned to Engineer in the Contract Documents; or


Page | 93 

b. there may not be other matters or issues between the parties that might entitle Contractor 

to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 

4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor 

Engineer’s recommendation of any payment, including final payment, will impose responsibility 

on Engineer: 

a. to supervise, direct, or control the Work, or 

b. for the means, methods, techniques, sequences, or procedures of construction, or the 

safety precautions and programs incident thereto, or 

c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s 

performance of the Work, or 

d. to make any examination to ascertain how or for what purposes Contractor has used the 

moneys paid on account of the Contract Price, or 

e. to determine that title to any of the Work, materials, or equipment has passed to Owner 

free and clear of any Liens. 

5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s 

opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. 

Engineer may also refuse to recommend any such payment or, because of subsequently discovered 

evidence or the results of subsequent inspections or tests, revise or revoke any such payment 

recommendation previously made, to such extent as may be necessary in Engineer’s opinion to 

protect Owner from loss because: 

C. Payment Becomes Due: 

a. the Work is defective, or completed Work has been damaged, requiring correction or 

replacement; 

b. the Contract Price has been reduced by Change Orders; 

c. Owner has been required to correct defective Work or complete Work in accordance with 

Paragraph 13.09; or 

d. Engineer has actual knowledge of the occurrence of any of the events enumerated in 

Paragraph 15.02.A. 

1. Ten days after presentation of the Application for Payment to Owner with Engineer’s 

recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) 

become due, and when due will be paid by Owner to Contractor. 

D. Reduction in Payment: 

1. Owner may refuse to make payment of the full amount recommended by Engineer because: 

a. claims have been made against Owner on account of Contractor’s performance or 

furnishing of the Work; 

b. Liens have been filed in connection with the Work, except where Contractor has 

delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of 

such Liens; 

c. there are other items entitling Owner to a set-off against the amount recommended; or


Page | 94 

d. Owner has actual knowledge of the occurrence of any of the events enumerated in 

Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 

2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give 

Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and 

promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall 

promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and 

Contractor, when Contractor remedies the reasons for such action. 

3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully 

withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 

14.03 Contractor’s Warranty of Title 

A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any 

Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the 

time of payment free and clear of all Liens. 

14.04 Substantial Completion 

A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and 

Engineer in writing that the entire Work is substantially complete (except for items specifically listed by 

Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 

B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the 

Work to determine the status of completion. If Engineer does not consider the Work substantially complete, 

Engineer will notify Contractor in writing giving the reasons therefor. 

C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative 

certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be 

attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner 

shall have seven days after receipt of the tentative certificate during which to make written objection to 

Engineer as to any provisions of the certificate or attached list. If, after considering such objections, 

Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after 

submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. 

If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, 

Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of 

Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such 

changes from the tentative certificate as Engineer believes justified after consideration of any objections 

from Owner. 

D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to 

Owner and Contractor a written recommendation as to division of responsibilities pending final payment 

between Owner and Contractor with respect to security, operation, safety, and protection of the Work, 

maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree 

otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate 

of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor 

until final payment. 

E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion 

subject to allowing Contractor reasonable access to remove its property and complete or correct items on 

the tentative list. 

14.05 Partial Utilization 

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed 

part of the Work which has specifically been identified in the Contract Documents, or which Owner, 

Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be


14.06 Final Inspection 

Page | 95 

used by Owner for its intended purpose without significant interference with Contractor’s performance of 

the remainder of the Work, subject to the following conditions: 

1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such 

part of the Work which Owner believes to be ready for its intended use and substantially complete. 

If and when Contractor agrees that such part of the Work is substantially complete, Contractor, 

Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of 

the Work. 

2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any 

such part of the Work ready for its intended use and substantially complete and request Engineer 

to issue a certificate of Substantial Completion for that part of the Work. 

3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an 

inspection of that part of the Work to determine its status of completion. If Engineer does not 

consider that part of the Work to be substantially complete, Engineer will notify Owner and 

Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be 

substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of 

Substantial Completion of that part of the Work and the division of responsibility in respect 

thereof and access thereto. 

4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with 

the requirements of Paragraph 5.10 regarding property insurance. 

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, 

Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in 

writing of all particulars in which this inspection reveals that the Work is incomplete or defective. 

Contractor shall immediately take such measures as are necessary to complete such Work or remedy such 

deficiencies. 

14.07 Final Payment 

A. Application for Payment: 

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified 

during the final inspection and has delivered, in accordance with the Contract Documents, all 

maintenance and operating instructions, schedules, guarantees, bonds, certificates or other 

evidence of insurance, certificates of inspection, marked-up record documents (as provided in 

Paragraph 6.12), and other documents, Contractor may make application for final payment 

following the procedure for progress payments. 

2. The final Application for Payment shall be accompanied (except as previously delivered) by: 

a. all documentation called for in the Contract Documents, including but not limited to the 

evidence of insurance required by Paragraph 5.04.B.6; 

b. consent of the surety, if any, to final payment; 

c. a list of all Claims against Owner that Contractor believes are unsettled; and 

d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien 

rights arising out of or Liens filed in connection with the Work. 

3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by 

Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) 

the releases and receipts include all labor, services, material, and equipment for which a Lien


Page | 96 

could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected 

with the Work for which Owner might in any way be responsible, or which might in any way 

result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any 

Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a 

bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 

B. Engineer’s Review of Application and Acceptance: 

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, 

and Engineer’s review of the final Application for Payment and accompanying documentation as 

required by the Contract Documents, Engineer is satisfied that the Work has been completed and 

Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, 

within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s 

recommendation of payment and present the Application for Payment to Owner for payment. At 

the same time Engineer will also give written notice to Owner and Contractor that the Work is 

acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the 

Application for Payment to Contractor, indicating in writing the reasons for refusing to 

recommend final payment, in which case Contractor shall make the necessary corrections and 

resubmit the Application for Payment. 

C. Payment Becomes Due: 

14.08 Final Completion Delayed 

1. Thirty days after the presentation to Owner of the Application for Payment and accompanying 

documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off 

against Engineer’s recommendation, including but not limited to liquidated damages, will become 

due and will be paid by Owner to Contractor. 

A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so 

confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully 

completed and accepted) and recommendation of Engineer, and without terminating the Contract, make 

payment of the balance due for that portion of the Work fully completed and accepted. If the remaining 

balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated 

in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of 

the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall 

be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be 

made under the terms and conditions governing final payment, except that it shall not constitute a waiver of 

Claims. 

14.09 Waiver of Claims 

A. The making and acceptance of final payment will constitute: 

1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, 

from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to 

comply with the Contract Documents or the terms of any special guarantees specified therein, or 

from Contractor’s continuing obligations under the Contract Documents; and 

2. a waiver of all Claims by Contractor against Owner other than those previously made in 

accordance with the requirements herein and expressly acknowledged by Owner in writing as still 

unsettled. 

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 

15.01 Owner May Suspend Work


A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not 

more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on 

which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be 

granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly 

attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 

15.02 Owner May Terminate for Cause 

A. The occurrence of any one or more of the following events will justify termination for cause: 

Page | 97 

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents 

(including, but not limited to, failure to supply sufficient skilled workers or suitable materials or 

equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as 

adjusted from time to time pursuant to Paragraph 6.04); 

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 

3. Contractor’s repeated disregard of the authority of Engineer; or 

4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. 

B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor 

(and surety) seven days written notice of its intent to terminate the services of Contractor: 

1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, 

appliances, construction equipment, and machinery at the Site, and use the same to the full extent 

they could be used by Contractor (without liability to Contractor for trespass or conversion); 

2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid 

Contractor but which are stored elsewhere; and 

3. complete the Work as Owner may deem expedient. 

C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further 

payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, 

losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, 

and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner 

arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, 

costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such 

claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their 

reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any 

rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work 

performed. 

D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Owner, in its sole discretion, may choose not to 

terminate Contractor’s services if Contractor begins within seven days of receipt of notice of intent to 

terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 

15 days of receipt of said notice. 

E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights 

or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or 

payment of moneys due Contractor by Owner will not release Contractor from liability. 

F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 

5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 

15.02.C.


15.03 Owner May Terminate For Convenience 

A. The Owner may terminate this contract for convenience upon providing Contractor fourteen (14) days 

written notice of the same. If this Contract is terminated as provided herein, the Contractor shall be paid 

for all completed and acceptable work executed and allowable expenses incurred prior to the date of 

termination. Payment shall include services actually performed in full prior to termination date, but shall 

exclude all lost profits, direct, indirect, consequential, special damages, or other damages for the remainder 

of the project. 

Page | 98 

If a court of competent jurisdiction finds that the Owner wrongfully terminated this Contract, then in such 

event, this Contract shall be deemed terminated for convenience as provided for in this Paragraph 15.03A., 

and the Contractor shall not be entitled to damages or loss of profits, but may be entitled to all items as 

authorized herein. 

15.04 Contractor May Stop Work or Terminate 

A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by 

Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application 

for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum 

finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, 

and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the 

Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. 

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has 

failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 

days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written 

notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, 

including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor 

from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or 

otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by 

this Paragraph. 

ARTICLE 16 – 

16.01 [This paragraph intentionally left blank]. 

ARTICLE 17 – MISCELLANEOUS 

17.01 Giving Notice 

A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed 

to have been validly given if: 

17.02 Computation of Times 

1. delivered in person to the individual or to a member of the firm or to an officer of the corporation 

for whom it is intended; or 

2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address 

known to the giver of the notice. 

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude 

the first and include the last day of such period. If the last day of any such period falls on a Saturday or 

Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted 

from the computation. 

17.03 Cumulative Remedies


A. The duties and obligations imposed by these General Conditions and the rights and remedies available 

hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, 

any rights and remedies available to any or all of them which are otherwise imposed or available by Laws 

or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The 

provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in 

connection with each particular duty, obligation, right, and remedy to which they apply. 

17.04 Survival of Obligations 

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in 

accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract 

Documents, will survive final payment, completion, and acceptance of the Work or termination or 

completion of the Contract or termination of the services of Contractor. 

17.05 Controlling Law 

A. This Contract is to be governed by the law of the State of Florida. 

17.06 Headings 

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these 

General Conditions. 

ARTICLE 18 - NO DAMAGES FOR DELAY 

18.01 No Damages for Delay 

A. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME 

SHALL BE MADE OR ASSERTED AGAINST OWNER BY REASON OF ANY DELAYS. Contractor 

shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from 

Owner for direct, indirect, consequential, impact or other costs, expenses, or damages, including, but not 

limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, or 

hindrance be reasonable or unreasonable, foreseeable, or avoidable or unavoidable. Contractor shall be 

entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delays, 

in accordance with and to the extent specifically provided herein. 

Page | 99 

END OF SECTION


SUPPLEMENTARY CONDITIONS 

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction 

Contract and other provisions of the Contract Documents as indicated below. All provisions, which are not so 

amended or supplemented, remain in full force and effect. The General Conditions may also be supplemented 

elsewhere in the Contract Documents. 

The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the 

Construction Contract have the meanings assigned to them in the General Conditions. 

PART 1 – MODIFICATIONS AND SUPPLEMENTS TO GENERAL CONDITIONS 

AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS 

ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 

SC-4.02B. Limited Reliance by Contractor on Technical Data Authorized 

[Insert the identification of any “technical data”, if any, found in reports or drawings that may be relied upon by the 

Contractor.] 

SC-4.06B. Limited Reliance by Contractor on Technical Data Authorized 

[Insert the identification of any “technical data”, if any, found in reports or drawings that may be relied upon by the 

Contractor.] 

BONDS AND INSURANCE: 

SC-5.04 Contractor’s Insurance 

The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide 

coverage for not less than the following amounts or greater where required by Laws and Regulations: 

Worker’s Compensation, etc., under paragraphs 5.04.A.1 and A.2 of the General Conditions: 

(1) State: Statutory 

(2) Applicable Federal (e.g. Longshoreman’s and Harbour 

Workers’ Compensation, Maritime, Jones Act, etc.): Statutory 

(3) Employer’s Liability: $500,000 

The coverage and the limits of liability for employer's liability are modified to read as follows: 

$500,000 each accident 

$500,000 disease policy limit 

$500,000 disease each employee 

Also, the following wording is added governing employer's liability for contractors that are not incorporated or 

lease employees: If the contractor is not an incorporated entity (i.e. sole proprietor/partnership), or Leases 

Employees (under the alternate employer laws of the State of Florida), the Owner shall require a minimum 

premium policy meeting the aforementioned requirements even though not required by the Worker's 

Compensation Laws of the State of Florida. Unless and until Owner provides the Owner with proof of 

exemption and such forms and proof that the Owner deems appropriate. 

Comprehensive General Liability (under paragraphs 5.04.A.3 through A.6 of the General Conditions): 

(1) Including coverage for Premises/Operations Liability on an occurrence basis, Contractual 

Liability, Independent Contractors, Products/Completed Operations Liability on an occurrence 

basis, and Personal Injury Coverage with the employee exclusion deleted. The Owner will not 

accept exclusion for explosion, collapse, or underground in the policy. 

Page | 100


Acceptable minimum limits are: $500,000 general aggregate 

$500,000 products and completed operations aggregate 

$500,000 personal injury and advertising injury 

$500,000 each occurrence 

The required limits may be met by the issuance of an excess or umbrella coverage policy so long as the Owner 

and Engineer are named as an additional insured on such policies. 

(2) Personal Injury 

$500,000 Annual Aggregate 

Comprehensive Automobile Liability shall include coverage for owned vehicles, non-owned vehicles, and hired 

vehicles. Acceptable minimum limits are $500,000 combined single limit for bodily injury and property 

damage. 

CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: 

SC-6.08 Permits 

Contractor shall pay for all permit fees. 

PART 2 – ADDITIONAL SUPPLEMENTARY CONDITIONS 

The following forms included in the Project Manual shall be used by Contractor for submittals required by the 

Contract Documents (unless Owner accepts other form): 

a. This space left blank intentionally. 

b. This space left blank intentionally. 

c. Contractor’s Affidavit to Owner (00670). 

d. Form of Application for Payment (00680). 

e. This space left blank intentionally. 

1. DESIGN PROFESSIONALS REPRESENTING OWNER AND/OR ENGINEER AND DIVISION OF 

RESPONSIBILITIES 

a. Various Design Professionals (i.e. Civil, Structural, Mechanical, Electrical, Groundwater Hydrology, 

Environmental, etc.) as consultants to Owner and/or Engineer, prepared or assisted in the preparation of 

Drawings and Specifications for the Project. The Owner and/or Engineer may have the various Design 

Professionals provide services during construction phase of the Project. The Design Professionals will be 

representatives of the Owner and/or Engineer. Visits to the site by the Design Professionals will be on the 

basis of General Conditions Paragraph 9.02. VISITS TO SITE. Also, General Conditions Paragraphs 9.10. 

LIMITATIONS ON ENGINEER'S RESPONSIBILITIES includes the various Design Professionals for this 

Project. 

MISCELLANEOUS 

1. When the Contractor herein receives payment from the Owner for labor, services or materials furnished by 

subcontractor and suppliers hired by the Contractor, the Contractor shall remit payment due those parties within Ten 

(10) days after receipt of payment from the Owner, unless otherwise provided for by Florida Law. 

2. The parties hereto agree to develop a list of uncompleted items which shall be known as the "Punch List", which 

shall be those items that are required to be completed by the Contractor at the date set for Substantial Completion in 

Page | 101


the Contract Documents. If the Project herein is a phased project the parties agree to develop such Punch List for 

each phase based upon the date(s) set for substantial completion of each phase within the time set forth above. 

The Owner shall provide the Contractor with a list of Punch List items developed by either, the Owner and/or 

Engineer. The Contractor agrees to the Punch List developed herein and this process. Regardless of the foregoing, 

nothing herein shall alter the responsibility of the Contractor to complete all construction services, materials and 

items contracted herein by the Owner. The Owner shall have the right, but not the obligation, to withhold the 

Owners, and/or Engineers estimated cost of completion for such items on the Punch List referenced above. The 

Contractor, by execution of this Contract, agrees to the same. Regardless of any provision to the contrary, the Owner 

may withhold from each of the Contractor's pay requests an amount not to exceed Ten 10% of the payment as 

retainage until 50% of completion of the Work/Contract as determined by either the Owner or Engineer. The 

Contractor by execution of this Agreement hereby agrees to the same. After 50% completion of the Contract as 

determined herein the Owner agrees to reduce the retainage to five (5) % of each draw schedule/pay request of the 

Contractor. Regardless of the foregoing, nothing herein shall require the Owner to reduce retainage to the Contractor 

if the Owner has determined that the Contractor is in default or if the Owner or Engineer reasonably believes that 

the retainage and/or future payments to the Contractor will not be enough for the Owner to complete the 

Work/Project or cover its damages as a result of the Contractor’s breach or default or for any other reason, or there 

is a goodfaith dispute by Owner against the Contractor and/or its bonding company. 

3. Deductions of Work – The Owner reserves the right to remove any items from the scope of work in the Contract 

Documents by the deductive change order. Such deduction shall be determined by the Engineer using the 

Contractor’s Schedule of Values. The deductions, if any, shall not be considered a cardinal change to the contract. 

The parties hereto recognize that the Owner has materially relied on this provision in entering into contract with 

Contractor. Such value deduction shall be conclusive as it relates to utilizing the Contractor’s Schedule of Values. 

4. The Contractor shall also provide to the Owner AIA Form G-702 and G-703 with the Wellington’s application for 

payment form on each draw. 

5. Prior to any payment being made herein the Contractor shall provide all partial release of liens determined by the 

Owner. 

Page | 102 

END OF SECTION


REQUEST FOR PROOF OF WORKERS COMPENSATION INSURANCE 

OR EXEMPTION 

Dear Provider of Services or Goods: 

In order to provide services or goods to the Wellington, we require that you provide us either proof of workers 

compensation coverage or proof of exemption. 

Workers compensation insurance is required of all employers in Florida that employ 4 or more part or full time 

employees. In the event that you are an employer in the construction industry, you are required to have workers 

compensation insurance if you employ one or more workers. Corporate officers and sole proprietors are included 

when calculating the number of employees. Note: Corporate officers may claim exemption from workers 

compensation coverage on themselves only, by filing Form DWC 250, Notice of Election to Be Exempt. This form 

can be found at http://fldfs.com/WC/forms.html. 

If you meet the above criteria to be exempt, you MUST provide us with one of the following: 

If your business is a sole proprietorship or unincorporated business: provide us a Verification of Automatic 

Exempt Certificate. This verification is a letter that is issued by the State of Florida Department of 

Financial Services. To receive a letter from the State, complete the following directions: 1) Call the 

National Council of Compensation Insurance 1-800-622-4123, Option 5, and ask them for the class code 

for your type of business. 2) Once you have received this code, call the Department of Financial Services 

at 1-850-413-1601 and provide them your business name, class code, mailing address, and contact phone 

number. They will send you the Verification of Automatic Exempt Certificate. 3) Provide us a copy of the 

Verification of Automatic Exempt Certificate. 

If your business is a corporation (including a professional association or limited liability company), and 

you are not required to have workers compensation insurance as per the requirements as outlined above, 

you must complete the attached Workers Compensation Exemption Affidavit, have it notarized, and return 

the original to us. 

If you are an employer that meets the requirements of workers compensation and needs to obtain coverage, contact 

your current business insurance agent, or you may use the following resources to locate an agent: www.faia.com., 

www.piafl.org/wc-info.pdf , or call (850) 893-8245. 

Please be reminded that the furnishing of this information to Wellington is a non-negotiable requirement to perform 

services for us. Failure to provide this timely may result in either termination of your services or delay of payment 

for services. Your workers compensation Certificate of Coverage, Workers Compensation Exemption Affidavit, or 

Verification of Automatic Exempt Certificate must be delivered or mailed to the Purchasing Department located at 

12300 Forest Hill Boulevard, Wellington, Florida, 33414. 

Page | 103


Page | 104 

WORKERS COMPENSATION EXEMPTION AFFIDAVIT 


Form should be completed by an officer of a sole proprietorship or a corporation with three (3) or less employees. 

Form must be signed and notarized. 

Name _______________________________________________________ 

First Last 

Address _______________________________________________________ 

Street City 

Phone _______________________________________________________ 

Home Business 

This is to certify that __________________________________________________ 

(Business Name) 

_________________________________________________________________is a 

Street City State Zip 

Sole Proprietorship 

OR 

Corporation/Partnership 

And has ______________ employees, other than the owner his/her self. 

(no. of employees) 

Therefore, under the terms of Chapter 440,F.W., Workers’ Compensation regulations it is NOT necessary for the 

above company to carry Workers’ Compensation Insurance. 

____________________________ 

(signature) 

Sworn and subscribed to me this _____________ day of ______________, 20_____. 

Personally known _____ Or, Produced ID: _____ (Type Produced)_________________ 

NOTARY PUBLIC _________________________ 

My Commission Expires: 

_________________________________________


Page | 105 

WELLINGTON LOCAL PREFERENCE 

APPLICATION TO BE CONSIDERED A LOCAL BUSINESS IN ACCORDANCE WITH WELLINGTON 

FLORIDA’S LOCAL PREFERENCE POLICY (SECTION 2.12.F OF WELLINGTON’S PURCHASING 

AND PROCUREMENT MANUAL) 

Wellington gives preference to local businesses in certain purchasing situations as set forth in Section 2.12(F) of 

Wellington’s Purchasing and Procurement Manual. In order to be considered a local business, entitled to be given 

preference, the business must make application with Wellington and meet one of the following criteria as such is 

more fully set forth in Section 2.12.F(2) of Wellington’s Purchasing and Procurement Manual: 

2.12.F (2) Definition of Local Businesses 

Western Communities Local Business - For the purpose of determining a “Western Communities local business” a 

vendor must have a principal permanent business location and headquarters within Wellington, Florida or west of 

the Florida Turnpike to the Palm Beach County western boundary line as depicted in Exhibit “A” hereto. This 

applies to all entity formations, including, but not limited to, limited liability companies, partnerships, limited 

partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has 

been domiciled and headquartered in the jurisdictional boundaries of the Western Communities for at least six 

months prior to the solicitation. Post Office boxes will not be considered a permanent business location within the 

Western Communities. Home business offices shall be considered as a business location if it otherwise meets the 

requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax 

receipt pursuant to the County’s and/or municipalities’ Code of Ordinances, having jurisdiction over the location of 

the business, unless otherwise exempt there from. Further, the vendor must be properly licensed and authorized by 

law to provide the goods, services or professional services to the extent applicable and the location of the business 

must be properly zoned in order for the vendor to conduct its business. 

Palm Beach County local business - For the purpose of determining a “Palm Beach County local business” a vendor 

must have a principal permanent business location and headquarters within Palm Beach County, Florida. This 

applies to all entity formations, including, but not limited to, limited liability companies, partnerships, limited 

partnerships and the like or sole proprietors. Further, the entity or sole proprietor must provide that it, he or she has 

been headquartered and domiciled in the jurisdictional boundaries of Palm Beach County, Florida for at least six 

months prior to the solicitation. Post Office boxes will not be considered a permanent business location within Palm 

Beach County, Florida. Home business offices shall be considered as a business location if it otherwise meets the 

requirements herein. In order to be eligible for such local preference the vendor shall have a local business tax 

receipt pursuant to the Palm Beach County Code of Ordinances as amended from time to time, unless otherwise 

exempt there from. Further, the vendor must be properly licensed and authorized by law to provide the goods, 

services or professional services to the extent applicable and the location of the business must be properly zoned in 

order for the vendor to conduct its business. 

Subcontractor utilization - In competitive bid situations, a business may also qualify as either a Palm Beach County 

or Western Community local business if they are utilizing subcontractors to perform the work or materialmen to 

supply the job and more than fifty (50%) percent of their proposed bid price will be paid to subcontractors and/or 

materialmen who qualify, under the above standards, as Palm Beach County and/or Western Community local 

businesses. 

Please check the box below indicating which preference category your business is applying for: 

Western Communities Local Business 

Palm Beach County Local Business 

Subcontractor Utilization 

1. The name of the business is: _________________________________________ 

2. The address of the business is: _______________________________________


3. How long has the business been located at its current address: __________ 

4. If the business has relocated within the last six months, please provide the answers to questions 1-3 for the 

previous location: 

5. The previous name of the business is: ________________________________ 

6. The previous address of the business is: ______________________________ 

7. How long was this business at the previous location: __________ 

8. If the business is attempting to qualify under the subcontractor utilization provision, please provide a breakdown 

of the subcontractors who would qualify for either the Palm Beach County or Western Community, business 

classification, the requisite information, provide their responses to the above 1 - 7 questions and for each of the 

subcontractors, indicate the amount that they are proposed to be compensated at under the bid price. 

9. The business as a local business tax receipt from: (1) Palm Beach County (2) the following municipality: 

___________________ (3) located in unincorporated Palm Beach County: 

10. Please provide a copy of Local Business Tax Receipts from Palm Beach County and the applicable municipality 

are attached. 

11. Please provide a Certificate of Good Standing indicating the formation or domestication of the entity in and for 

the State of Florida is attached. 

12. Please provide copies of licenses if applicable from the State of Florida authorizing the business to provide the 

good services or professional services contemplated in the bid documents. 

13. Please provide a letter from the either the Palm Beach County if located in unincorporated Palm Beach County 

or the municipality if located within the municipality evidencing that the headquarters for the business is properly 

zoned for the business. 

By signing below, I hereby certify that under penalty of perjury I believe my business qualifies as a Palm Beach 

County, Western Community or subcontractor utilization business in accordance with Wellington’s Local 

Preference Policy and that I have submitted current and accurate information and documents relating to my 

qualifications. I further acknowledge and agree that any fraudulent or duplicitous information submitted in 

furtherance of this application will be grounds for disqualification from bidding on this project and doing business 

with Wellington in the future. 

Applicants Federal Tax ID Number - ________________ 

Applicants Business Address _________________ 

Page | 106


Signature of Authorized Representative of Corporation, Partnership, or other business 

entity: 

_________________________________________________ 

Print Name: ___________________________________ 

Title: ___________________________ 

Date: ______________________ 

CITY OF: _______________________ 

COUNTY OF: _______________________ 

SUBSCRIBED AND SWORN TO (or affirmed) before me on this ____ day of _________________, 2012, by 

_________________________________________. He/She is personally known to me or has presented 

________________________ as identification. 

________________________________________ 

(Signature of Notary) 

________________________________________ 

(Print or Stamp Name of Notary) 

Notary Public _____________________________ Notary Seal 

(State) 

Signature of Individual if Sole Proprietor: 

_________________________________________________ 

Print Name: ___________________________________ 

Date: ______________________ 

CITY OF: _______________________ 

COUNTY OF: _______________________ 

SUBSCRIBED AND SWORN TO (or affirmed) before me on this ____ day of _________________, 2012, by 

_________________________________________. He/She is personally known to me or has presented 

________________________ as identification. (Type of 

Identification) 

________________________________________ 


________________________________________ 

(Print or Stamp Name of Notary) 

Notary Public _____________________________ Notary Seal 

(State) 

Page | 107


Page | 108 

CONFLICT OF INTEREST STATEMENT 

This Proposal/Agreement (whichever is applicable) is subject to the conflict of interest provisions of the policies and 

Code of Ordinances of WELLINGTON, the Palm Beach County Code of Ethics, and the Florida Statutes. During 

the term of this Agreement and any renewals or extensions thereof, the VENDOR shall disclose to WELLINGTON 

any possible conflicts of interests. The VENDOR’s duty to disclose is of a continuing nature and any conflict of 

interest shall be immediately brought to the attention of WELLINGTON. The terms below shall be defined in 

accordance with the policies and Code of Ordinances of WELLINGTON, the Palm Beach County Code of Ethics, 

and Ch. 112, Part III, Florida Statutes. 

CHECK ALL THAT APPLY. 

[ ] To the best of our knowledge, the undersigned business has no potential conflict of interest for this 

Agreement due to any other clients, contracts, or property interests. 

[ ] To the best of our knowledge, the undersigned business has no employment or other contractual 

relationship with any WELLINGTON employee, elected official or appointed official. 

[ ] To the best of our knowledge, the undersigned business has no officer, director, partner or proprietor that is 

a WELLINGTON purchasing agent, other employee, elected official or appointed official. The term “purchasing 

agent”, “elected official” or “appointed official”, as used in this paragraph, shall include the respective individual’s 

spouse or child, as defined in Ch. 112, Part III, Florida Statutes. 

[ ] To the best of our knowledge, no WELLINGTON employee, elected official or appointed official has a 

material or ownership interest (5% ownership) in our business. The term “employee”, “elected official” and 

“appointed official”, as used in this paragraph, shall include such respective individual’s relatives and household 

members as described and defined in the Palm Beach County Code of Ethics. 

[ ] To the best of our knowledge, the undersigned business has no current clients that are presently subject to 

the jurisdiction of WELLINGTON’s Planning, Zoning and Building Department. 

[ ] The undersigned business, by attachment to this form, submits information which may be a potential 

conflict of interest due to any of the above listed reasons or otherwise. 

THE UNDERSIGNED UNDERSTANDS AND AGREES THAT THE FAILURE TO CHECK THE 

APPROPRIATE BLOCKS ABOVE OR TO ATTACH THE DOCUMENTATION OF ANY POSSIBLE 

CONFLICTS OF INTEREST MAY RESULT IN DISQUALIFICATION OF YOUR BID/PROPOSAL OR IN THE 

IMMEDIATE CANCELLATION OF YOUR AGREEMENT, WHICHEVER IS APPLICABLE. 

_______________________________________________________ 

COMPANY NAME 

_____________________________________________ 

AUTHORIZED SIGNATURE 

_____________________________________________ 

NAME (PRINT OR TYPE) 

_____________________________________________ 

TITLE


Page | 109 

RESIDENT PROJECT REPRESENTATIVE 

ENGINEER may furnish a Resident Project Representative (RPR), assistants and other field staff to assist 

ENGINEER in observing performance of the Work of the Contractor. RPR may only be part-time on site, and 

CONTRACTOR shall coordinate with RPR as required in the Contract Documents. 

Through on-site observations of the work in progress and field checks of materials and equipment by the RPR and 

assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in 

the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER 

control over construction means, methods, techniques, sequences or procedures or for safety precautions or 

programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract 

Documents. 

The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the 

OWNER and in the construction Contract Documents, and are further limited and described as follows: 

A. GENERAL 

RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and 

will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work 

shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's 

dealings with subcontractors shall only be through or with the full knowledge and approval of 

CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the 

direction of ENGINEER. 

B. DUTIES AND RESPONSIBILITIES OF RPR 

1. SCHEDULES: 

Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by 

CONTRACTOR and consult with ENGINEER concerning acceptability. 

2. CONFERENCES AND MEETINGS: 

Attend meetings with CONTRACTOR, such as pre-construction conferences, progress meetings, job 

conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 

3. LIAISON: 

a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through 

CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; 

and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when 

CONTRACTOR'S operations affect OWNER'S on-site operations. 

b. Assist in obtaining from OWNER additional details or information, when required for proper 

execution of the Work. 

4. SHOP DRAWINGS AND SAMPLES: 

a. Record date of receipt of Shop Drawings and samples. 

b. Receive samples, which are furnished at the site by CONTRACTOR, and notify ENGINEER of 

availability of samples for examination. 

c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop 

Drawing or sample if the submittal has not been approved by Engineer.


Page | 110 

5. REVIEW OF WORK, REJECTION OF DEFECTIVE WORK, INSPECTIONS AND TESTS: 

a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the 

Work is in general proceeding in accordance with the Contract Documents. 

b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective 

or does not conform to the Contract Documents, or has been damaged, or does not meet the 

requirements of any inspection, test or approval required to be made; and advise ENGINEER of 

Work that RPR believes should be corrected or rejected or should be uncovered for observation, or 

requires special testing, inspection or approval. 

c. Verify that tests, equipment and systems startups and operating and maintenance training are 

conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate 

records thereof; and observe, record and report to ENGINEER appropriate details relative to the test 

procedures and startups. 

d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the 

Project, record the results of these inspections and report to ENGINEER. 

6. INTERPRETATION OF CONTRACT DOCUMENTS: 

Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and 

transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 

7. MODIFICATIONS: 

Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and 

report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by 

ENGINEER. 

8. RECORDS: 

a. Maintain at the job site or ENGINEER's office files for correspondence, reports of job conferences, 

Shop Drawings and samples, reproductions of original Contract Documents including all Work 

Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent 

to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract 

Documents, progress reports, and other Project related documents. 

b. Record names, addresses, and telephone numbers of all CONTRACTORS, subcontractors and 

major suppliers of materials and equipment. 

9. REPORTS: 

a. Furnish ENGINEERS periodic reports as required of progress of the Work and of CONTRACTOR's 

compliance with the progress schedule and schedule of Shop Drawings and sample submittals. 

b. Consult with ENGINEER in advance of scheduled major tests, inspections, or start of important 

phases of the Work. 

c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from 

CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and 

Field Orders. 

d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident witnessed by 

RPR or that was otherwise made known to RPR. 

10. PAYMENT REQUESTS:


Review applications for payment with CONTRACTOR for compliance with the established procedure for their 

submission and forward with recommendations to ENGINEER, noting particularly the relationship of the 

payment requested to the schedule of values, Work completed and materials and equipment delivered at the 

site but not incorporated in the Work. 

Page | 111 

11. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: 

During the course of the Work, verify that certificates, maintenance and operation manuals and other data 

required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in 

accordance with the Contract Documents, and have this material delivered to ENGINEER for review and 

forwarding to OWNER prior to final payment for the Work. 

12. COMPLETION: 

a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list 

of observed items requiring completion or correction. 

b. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and 

prepare a final list of items to be completed or corrected. 

c. Observe that all items on final list have been completed or corrected and make recommendations to 

ENGINEER concerning acceptance. 

C. LIMITATIONS OF AUTHORITY 

Resident Project Representative: 

1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, 

unless authorized by ENGINEER. 

2. Shall not exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 

3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR's 

superintendent. 

4. Shall not advise on, issue directions relative to, or assume control over any aspect of the means, methods, 

techniques, sequences or procedures of construction unless such advice or directions are specifically 

required by the Contract Documents. 

5. Shall not advise on, issue directions regarding, or assume control over safety precautions and programs in 

connection with the Work. 

6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 

7. Shall not authorize OWNER to occupy the Property in whole or in part. 

8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as 

specifically authorized by ENGINEER. 

END OF SECTION


1.0 PROJECT LOCATION 

Page | 112 

GENERAL REQUIREMENTS SECTION 1000 

This Project is located in Wellington, Florida. See Drawings for specific location. 

2.0 SCOPE OF WORK 

A. The Work to be performed by the Contractor includes furnishings all materials, labor, tools, equipment, water, 

light, power, transportation, superintendence, temporary construction of every nature, and all other services 

and facilities of every nature whatsoever necessary to modify, construct, complete, deliver and place in 

operation the subject Project as shown on the Drawings and/or as herein described as specified. All Work to 

be in accordance with the Contract Documents. 

3.0 REFERENCE POINTS 

A. The reference points which will be provided by the Owner as mention in Article 4.05 of the General 

Conditions, will be the staking (or otherwise marking) of the baseline as shown on the Drawings. A 

benchmark for vertical control will also be provided. All construction staking to be provided by the 

Contractor. 

4.0 GRADES, DIMENSIONS, AND ELEVATIONS 

A. Grades shown are finished grades. Written dimensions have preference over scaled dimensions. All elevations 

are based on the 1929 National Geodetic Vertical Datum (N.G.V.D.). 

5.0 EXISTING STRUCTURES AND UTILITIES 

A. All known utilities have been shown on the Drawings according to the best information available. It is the 

Contractor's responsibility to contact all owners of structures or utilities above ground, on the surface, or below 

the ground, within the Project area so that said owners may stake, otherwise mark, or protect their facilities. 

The Contractor must provide facilities and be responsible for the protection of all structures, buildings and 

utilities, underground, on the surface, or above ground against trenching, dewatering, or any other activity 

connected with the Work throughout the entire Contract Time. 

B. When structures and utilities have been properly shown or marked and are disturbed or damaged in the 

execution of the Work, they must be repaired immediately in conformance with best standard practice and the 

approval of the owner of the damaged utility or structure. In the case of structures and utilities which have not 

been properly shown or located as outlined above and are disturbed or damaged in the prosecution of the 

Work, take whatever steps are necessary for safety and notify the affected utility owner and avoid any actions 

which might cause further damage to the structure or utility. 

C. Should the Work require repairs, changes, or modifications of the Owner's utilities as well as other utilities, it is 

the responsibility of the Contractor to provide for the maintenance of continuous water, sewage, electric, 

telephone and other utility services to all present customers of such utilities, unless approval in writing is 

secured from the applicable utility company or Owner for interruption of such service. 

6.0 QUALITY CONTROL 

A. Testing Laboratory Services - All tests and analyses, which are called for in the Specifications and/or Drawings 

to be performed by an Independent Testing Laboratory, will be at the Contractor's expense unless otherwise 

specified, provided the tests and analyses determine that the material(s) and/or Work meets the requirements as 

specified. All such tests that pass or fail to meet the Project requirements are to be paid by the Contractor. 

B. Field Observations - Provide twenty-four (24) hour notification to the Engineer for all specified field 

observations, unless otherwise noted.


7.0 MOBILIZATION 

A. Consists of the preparatory Work and operations in mobilizing for beginning Work on the Project, including, 

but not limited to, those operations necessary for the movement of personnel, equipment, supplies and 

incidentals to the Project site, and for the establishment of temporary offices, buildings, safety equipment and 

first aid supplies, sanitary and other facilities, as required by these Specifications, and State and local laws and 

regulations. 

The costs of bonds, insurance and any other pre-construction expenses necessary for the start of the Work, 

excluding the cost of construction materials, is to be included in Mobilization. 

B. When the Bid Form includes a separate pay item for Mobilization, partial payments will be made in accordance 

with the following: 

Page | 113 

Percent of Original Contract Allowable Percent of the Lump 

Amount Earned 

Sum Price for the Item 

5 25 

25 50 

50 75 

100 100 

The standard retainage will be applied to these payments. Previous payments for Mobilization and unpaid 

amounts on Allowances will not be considered in calculating the percent of the Contract Price earned. 

Payments will be made in stepped increments as shown and will not be interpolated between steps. 

C. When the Bid Form does not include a separate item for Mobilization, all Work and incidental costs specified as 

being covered under Mobilization is to be included for payment under the several scheduled items on the Bid 

Form, and no separate payment will be made therefor. 

8.0 MAINTENANCE OF TRAFFIC 

A. The Contractor's use of streets and highways for the Work to be done under these Specifications, shall conform 

to all applicable Municipal, County, State and Federal laws and regulations. Provide, erect, and maintain 

effective barricades, warning lights, and signs on all intercepted streets or highways for protection of the Work 

and safety of the public. All barricades or obstructions, which encroach on or are adjacent to the public rights 

of way, should be provided with lights, which are illuminated at all times between sunset and sunrise. 

B. Arrange Work to cause minimum disturbance of normal pedestrian and vehicular traffic and be responsible for 

providing suitable means of access to all public and private properties during all stages of the construction. 

Other than for an emergency safety condition, the Contractor must contact the Owner and Engineer for 

approval prior to completely blocking off any street to vehicular traffic during construction. 

C. Maintain traffic in accordance with Section 102 of the Florida Department of Transportation Standard 

Specifications for Road and Bridge Construction, 1991 Edition, except as follows: 

1. Contractor is responsible for preparing Maintenance of Traffic plan. Submit plan for Owner or roadway 

authority (City, County, D.O.T.) review only if requested to do so by the Engineer. 

When required by the roadway authority, the Maintenance of Traffic plan must be prepared by a person who is 

certified by the State of Florida to prepare such plan. 

2. When the Bid Form does not include a separate item for Maintenance of Traffic, the costs are to be included for 

payment under the several scheduled items on the Bid Form, and no separate payment will be made therefore. 

9.0 PLACING EQUIPMENT INTO SERVICE


A. Do not operate or place into service or energize, electrical and mechanical equipment until approved by the 

Owner and Engineer. Such approval may be granted only after all interested parties have been duly notified, 

have given approval for placing the equipment into service, and all interest parties are present or waived their 

right to be present. Notify the Owner and Engineer as far in advance as possible of the dates that various items 

and equipment will be completed and ready for start-up. 

10.0 SALVAGEABLE MATERIAL 

A. All salvageable material and/or equipment removed from the existing construction for which specific use, 

relocation or other disposal is not specifically noted on the Drawings or otherwise specified, will remain the 

property of the Owner and be turned over to him. All material and/or equipment not in salvageable condition 

as determined by the Engineer must be disposed of by the Contractor. The actual storage site for salvageable 

material will be designated by the Owner. 

11.0 BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER 

A. Boring Logs, other reports, and Drawings utilized by Engineer, if attached at the end of these Specifications, 

are provided for Contractor's information in accordance with paragraph 4 of the Instructions to Bidders and are 

not a part of the Contract Documents. There is no technical data in the Boring Logs, other reports or Drawings 

that should be relied on by the Contractor. There also were no other reports or drawings utilized by Engineer 

in preparation of the Contract Documents that contained data that could be relied on by the Contractor. 

12.0 DISPOSAL OF EXCAVATED MATERIALS AND DEBRIS 

A. All excess excavated material and debris not required for backfill (unless otherwise noted), broken pipe, 

sidewalks, curbs and other concrete items, together with all roots, boards and other debris are to be disposed of 

by the Contractor at an appropriate legal site. 

13.0 PROTECTION AND RESTORATION OF SURVEY MONUMENTS 

A. The Contractor shall be responsible for protecting and restoring all land and property corners, such as section 

corners, ¼ section corners, property corners or block control points, and for maintaining all horizontal and 

vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed 

under the supervision of a Florida Registered Land Surveyor. Survey points that will be destroyed during 

construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments 

approved by the ENGINEER. 

14.0 EQUIPMENT 

A. All construction equipment necessary and required for the proper construction of this project shall be on the 

construction site, in first-class working condition, and shall have been approved by the Engineer before 

construction is permitted to start. The Contractor shall provide such tamping tools and equipment as are 

necessary for the proper compaction of the backfill. 

15.0 STORAGE SITES 

A. The contractor shall furnish, at his expense, properly zoned areas suitable for field offices, material storage and 

equipment service, and storage. The Contractor shall maintain these areas in a clean, orderly condition so as 

not to cause a nuisance in the area. The Contractor shall restore the storage area to its original or better 

condition, with all its appurtenances, in kind, to the satisfaction of the Engineer. 

16.0 LABORATORY TESTS 

A. Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing 

equipment required under these specifications shall be in accordance with the latest standards or tentative of 

the American Society for Testing Materials or the latest standards or methods of the American Association of 

State Highway and Transportation Officials (AASHTO). 

Page | 114


B. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated 

otherwise. The Contractor shall furnish the required samples without charge. The Contractor shall give 

sufficient notification of the placing of orders for materials to permit testing. In locations where corings are 

taken by the approved testing lab, the Contractor shall be responsible for plugging these core holes. 

C. All material tests will be made by an independent testing laboratory to be selected by the Owner (refer to 

Supplementary Conditions). Where tests indicate that materials and/or construction quality are in accordance 

with specified requirements, the Contractor shall bear the testing cost. When tests reveal that conditions or 

materials do not comply with the specifications, the cost of such tests shall be assessed against the Contractor. 

17.0 MEASUREMENT AND PAYMENT 

A. Payment shall be made at the Contract Unit Price or Lump Sum Prices as outlined hereafter. These prices shall 

be full compensation for all costs associated with completion of all the work in full conformity with the 

requirements as stated, shown, or both by the Plans and Specifications. The cost of any item(s) of work, which 

is not by a definite Contract Unit Price or Lump Sum Price, shall be included in the Contract Unit Price or 

Lump Sum Price to which the item(s) is most applicable. 

Page | 115 

END OF SECTION



6. C 




AGENDA ITEM NAME: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH 

INNOVATIVE METERING SOLUTIONS, INC. FOR WATER METERS AND COMPONENTS 





FIRST READING 


REQUEST: Authorization to enter into an agreement with Innovative Metering Solutions for the 

purchase of meters, parts and equipment manufactured by Badger Meter Company, not to exceed 

$140,000 for FY 2013. 

EXPLANATION: In 2008, Council approved migration to an Automated Meter Reading (AMR) 

system manufactured by Badger Meter. This decision has resulted in better management of the 

water utility system. This proposed agreement allows for the purchase of meters, parts and 

equipment required for the existing AMR system. 

Innovative Metering Solutions of Tampa, Florida is the only manufacturer-authorized dealer for 

Badger meters, parts and equipment in Florida. As such, it is necessary to enter into a sole source 

agreement for the purchase of Badger meters, parts and equipment for fiscal year 2013 in a total 

aggregate amount not to exceed $140,000, the total amount budgeted for meter supplies for FY 

2013. 

Staff compared current per unit cost with the City of West Palm Beach who also utilizes the services 

of Innovative Metering Solutions and found Wellington’s price to be comparable. 

Staff recommends entering into an agreement with Innovative Metering Solutions. 


FISCAL IMPACT: Funds are available in the FY 2013 Utilities Department Water Meter Budget line 

item #401-7012-536.52-48 Meter and Meter Parts in the amount of $140,000. 

VILLAGE GOAL: Protecting our Investment


RECOMMENDATION: Authorization to enter into an agreement with Innovative Metering Solutions 

for the purchase of meters, parts and equipment manufactured by Badger Meter Company in the 

amount of not to exceeed $140,000 for FY 2013.


6. D 




AGENDA ITEM NAME: AUTHORIZATION TO AWARD CONTRACTS TO PROVIDE LANDSCAPE 

MAINTENANCE SERVICES TO FACILITIES, LIFT STATIONS AND WELL SITES THROUGHOUT 

WELLINGTON 





FIRST READING 


REQUEST: Authorization to award contracts to provide Landscape Maintenance Services to 

Facilities, Lift Stations and Well Sites throughout Wellington. 

EXPLANATION: Wellington contracts with Austin Outdoor to provide landscape maintenance 

services for facilities, lift stations and well sites. The contracts were awarded in 2009 for three (3) 

years expiring on December 31, 2012 with a provision for three (3) additional one (1) year renewals. 

Wellington is currently paying $102,132 and $11,940 respectively for these services. Due to 

changes in the scope of services required, which included the addition/deletion of several areas, the 

Public Works and Utilities Department opted to rebid the services. 

On October 7, 2012, Wellington released ITB# 115-12/DZ on Demandstar to 262 vendors, seeking 

qualified firms to provide landscape maintenance services to facilities, lift stations and well point 

sites. In order to ensure prospective bidders were qualified to perform the required services, the 

solicitation included the following minimum requirements to be provided with each proposal: 

equipment list, references, number of workforce and titles to perform the contract, minimum of three 

years in business. 

Maintenance considerations required the frequency of facilities cuts to be increased from 36 cuts to 

42 cuts annually. The lift stations and well sites frequency of cuts remains the same at 12 cuts 

annually. 

On October 31, 2012, responsive, responsible proposals were received from five (5) firms who 

chose to bid on both sections of the bid, as summarized below:


Facilities: 

Vendor Amount Local Vendor Status 

Orchidman Landscape Artisans, Corp $60,354.00 Not Local 

LV Superior Landscaping, Inc. $90,892.20 Palm Beach County 

Landscape Services Professionals, Inc. $106,470.00 Not Local 

Florida Turf & Landscape Horticulture, 

Inc. 

$128,898.00 Not Local 

Gardenscapes of the Palm Beaches $137,700.00 Western Communities 

Lift Stations and Well Point Sites: 

Vendor Amount Local Vendor Status 

LV Superior Landscaping, Inc. $12,307.80 Palm Beach County 

Florida Turf & Landscape Horticulture, $19,032.00 Not Local 

Inc. 

Landscape Services Professionals, Inc. $23,400.00 Not Local 

Gardenscapes of the Palm Beaches $24,000.00 Western Communities 

Orchidman Landscape Artisans, Corp $44,400.00 Not Local 

The lowest, responsive, responsible bidder for facilities was OrchidMan Landscape Artisans, Corp, 

while the lowest, responsive, responsible bidder for lift stations and well point sites was LV Superior 

Landscaping, Inc. 

Staff recommends awarding contracts to OrchidMan Landscape Artisans, Corp for facilities and LV 

Superior Landscaping, Inc. for lift stations and well point sites. 

The term of the contract is for three (3) years effective from the effective date and by mutual 

agreement can be renewed for two (2) additional one (1) year periods. 

Local preference does not apply as the second lowest bidder for facilities was not within five percent 

of the low bidder, while the second lowest bidder for lift station and well points is not a local vendor. 


FISCAL IMPACT: Funds for the contracts are available in the Public Works and Utilities operating 

budget 


RECOMMENDATION: Authorization to award contracts to provide Landscape Maintenance 

Services to Facilities, Lift Stations and Well Sites.


November 1, 2012 



INVITATION TO BID (ITB) #115-12/DZ Landscape Maintenance Services – Facilities, Lift Stations 

and Well Point Sites bid Opening Date and Time October 31, 2012 10:00 AM local time. 


Council the award the following sections of Landscape Maintenance Services – Facilities, Lift 

Stations and Well Point Sites contract to 

Facilities- OrchidMan Landscape Artisans, Corp. 

Lift Stations and Well Point Sites – LV Superior Landscaping, Inc. 





Landscape Maintenance Services – Facilities, Lift Stations and WellPoints 


BID OPENING DATE: October 31, 2012 received timely as of the above receiving date and time. 



VENDORS LV Superior Landscaping, Inc 

Gardenscapes of the Palm 

Beaches 

OrchidMan Landscape Artisans, 

Corp 

Landscape Service Professionals, 

Inc 

Florida Turf & Landscape 

Horticulture, Inc 

Original and one PFD YES YES YES YES YES 

Bid Acknowledgment Cover Sheet YES YES YES YES YES 

Bid Bond/Security or Cashier’s Check YES YES YES YES YES 

Bid Submittal YES YES YES YES YES 

Schedule of Value YES YES YES YES YES 

Firm in business for a minimum of 3 yr YES YES YES YES YES 

Equipment List YES YES YES YES YES 

Questionnaire and References YES YES YES YES YES 

Drug Free Workplace YES YES YES YES 

Sworn Statement under 

Section 287.133(3) (a) 

YES YES YES YES YES 

Wellington Local Preference Form Palm Beach County Western Communities Not Local Not Local Not Local 

Conflict of Interest Statement YES YES YES YES YES 

Insurance Certificates YES YES YES YES YES 

Copy of Appropriate Licenses YES YES YES YES YES 

Facilities Total $ 90,892.20 $ 137,700.00 $ 60,354.00 $ 106,470.00 $ 

128,898.00 

Lift Stations and WellPoints Total $ 12,307.80 $ 24,000.00 $ 44,400.00 $ 23,400.00 $ 

19,032.00 

# Facility and Address Acreage 

Maintenance Area Detail No./Section LV Superior Landscaping, Inc Gardenscapes of the Palm Beaches OrchidMan Landscape Artisans, Corp Landscape Service Professionals, Inc 

1 

2 

3 

Public Works Complex 14001 

Pierson Road 

PBSO Complex 14000 

Greenbriar Boulevard 

City Hall Complex 


Water Treatment Facility 1100 

4 

Wellington Trace 

Wastewater Treatment Facility 

5 

11860 Pierson Road 

Booster Facility # 1 2901 Ousley 

6 

Farms Road 

Booster Facility # 2 11011 Lake Worth 

7 

Road 


2.93 ac 

All areas as indicated on Detail PWC. 

The adjacent PBSO Complex to be bid 

on Line #2. 



PWC $ 170.50 $ 700.00 $ 200.00 $ 340.00 $ 

370.00 

1.14 ac All areas as indicated on Detail PBSO. PBSO $ 66.34 $ 700.00 $ 110.00 $ 280.00 $ 

263.00 

9.40 ac 

This Complex includes: Patriot 

Memorial, Scotts Place, 

Amphitheater, Community Center, 

Aquatic Center & Tennis Center. 

CHC $ 546.99 $ 5,075.00 $ 496.00 $ 625.00 $ 

887.00 

13.30 ac All areas as indicated on Detail WTF. WTF $ 773.93 $ 2,100.00 $ 265.00 $ 550.00 $ 

731.00 

9.10 ac 

Total Acreage (approx.) 37.19 ac 

All areas as indicated on Detail 

WWTF. 

WWTF $ 529.53 $ 2,100.00 $ 166.00 $ 500.00 $ 

498.00 

0.65 ac All areas as indicated on Detail BF 1. BF 1 $ 37.82 $ 400.00 $ 100.00 $ 120.00 $ 

160.00 

0.67 ac All areas as indicated on Detail BF 2. BF 2 $ 38.99 $ 400.00 $ 100.00 $ 120.00 $ 

160.00 

Total Cycle Cost 

(a cycle = all 7 (# 1 thru # 7) areas 

mowed (cut) and maintained) 

Total Cost for 42 Cycles Per Fiscal 

Year 

(Total Cycle Cost x 42) 

$ 2,164.10 $ 11,475.00 $ 1,437.00 $ 2,535.00 $ 

3,069.00 

$ 90,892.20 $ 137,700.00 $ 60,354.00 $ 106,470.00 $ 128,898.00 

Minor mathematical error 

Monthly cost given instead of per 

cut 

# Facility and Address Acreage 

Maintenance Area Detail No./Section LV Superior Landscaping, Inc Gardenscapes of the Palm Beaches OrchidMan Landscape Artisans, Corp Landscape Service Professionals, Inc 

1 Lift Stations N/A ac 

2 Well Points N/A ac 

Total Acreage (approx.) N/A ac 

This includes all Lift Stations as 

indicated on the 'Lift Station & Well- 

Points Locations' map. There are 103 

Lift Stations total. 

This includes all Well Point locations 

as indicated on the 'Lift Station & 

Well-Points Locations' map. There are 

27 Well-Points total. 

Total Cycle Cost 

(a cycle = all 130 areas mowed (cut) 

and maintained) 

Total Cost for 12 Cycles Per Fiscal 

Year 

(Total Cycle Cost x 12) 



N/A $ 535.60 $ 1,600.00 $ 1,850.00 $ 1,545.00 $ 

1,239.00 

N/A $ 490.05 $ 400.00 $ 1,850.00 $ 405.00 $ 

347.00 

$ 1,025.65 $ 2,000.00 $ 3,700.00 $ 1,950.00 $ 

1,586.00 

$ 12,307.80 $ 24,000.00 $ 44,400.00 $ 23,400.00 $ 19,032.00 

1




































































6. E 




AGENDA ITEM NAME: APPROVAL OF A MAINTENANCE AND SUPPORT AGREEMENT FOR 

BROADBAND MESH SINGLE RADIO ROUTERS 





FIRST READING 


REQUEST: Approval of a maintenance and support agreement for broadband mesh single radio 

routers with Tropos Networks, Inc. in the amount of $42,226.60. 

EXPLANATION: On December 13, 2011, Council approved an agreement with Tropos Networks, Inc. 

to provide support and maintenance for broadband mesh single radio routers currently used by 

Wellington. The agreement is set to expire on December 31, 2012. 

Tropos Networks, Inc. provides the licenses for the broadband mesh network single radio routers 

currently used by Wellington and are currently the sole source provider of maintenance and support for 

this product. Maintenance and support includes, software updates, bug fixes, maintenance releases, 

and hotline, web and e-mail support. 

The IT department currently supports 436 single radio routers and has negotiated a per unit cost 

reduction of $16.04 per unit or approximately $7,000 less than previous year’s pricing. Staff could not 

find better pricing offered by Tropos Networks, Inc. to similar clients. 

Staff recommends authorization to enter into an agreement with Tropos Networks, Inc. to provide 

maintenance and support for broadband mesh single radio routers. 

No Western Communities or Palm Beach County local business can provide this type of service. 


FISCAL IMPACT: Funds have been allocated in the FY 2013 budgets for Utilities CIP, Public 

Works CIP and IT Software. 


RECOMMENDATION: Approval of a maintenance and support agreement for broadband mesh 

single radio routers with Tropos Networks, Inc. in the amount of $42,226.60.




6. F 




AGENDA ITEM NAME: AUTHORIZATION TO AWARD THE CONTRACT FOR THE PURCHASE 

AND DELIVERY OF A VALVE MAINTENANCE TRAILER AND APPROVAL OF ASSOCIATED 

BUDGET AMENDMENT #2013-002 





FIRST READING 


REQUEST: Authorization to award a contract to E.H. Wacks for the purchase and delivery of a 

valve maintenance trailer in the amount of $50,727.50 and allow staff to make the appropriate 

budget revisions. 

EXPLANATION: There are approximately 7,800 underground valves in the Wellington Water and 

Wastewater Systems which are accessible by a valve box and require regular maintenance. 

Depending on the size and importance of the valve, routine maintenance is scheduled one to four 

times each year consisting of cleaning (vacuuming) dirt and debris, exercising (operating) the valve 

and painting the valve box lid. The valve maintenance trailer, equipped with an industrial vacuum 

system and mechanism to turn valves, expedites this maintenance process. 

On August 1, 2012, Wellington released a solicitation to 130 vendors on Demandstar. On August 

14, 2012 one (1) proposal was received from E.H. Wacks in the amount of $50,727.50. Staff market 

tested similar units and determined that the proposal Wellington received was comparable in price 

to recent sales of similar units. Staff is recommending award of the contract to E.H. Wacks. 


FISCAL IMPACT: Fixed Assets funds were budgeted in FY 2012 for this purchase. The Utilities 

Department decided to forgo the replacement of a 2005 Kohler Swivel Vacuum and use these funds 

towards the purchase of the valve maintenance trailer. The swivel vacuum remains in good working 

order and does not currently require replacement. It is recommended that Council authorize staff to 

make the appropriate budget revisions. 

VILLAGE GOAL: Protecting our Investment


RECOMMENDATION: Authorization to award a contract to E.H. Wacks for the purchase and delivery 

of a valve maintenance trailer in the amount of $50,727.50 and allow staff to make the appropriate 

budget revisions.



August 29, 2012 



INVITATION TO BID (ITB) #109-12/DZ Purchase and Delivery of a Valve Maintenance 

Trailer bid Opening Date and Time August 14, 2012 11:00 AM local time. 


Council the award Purchase and Delivery of a Valve Maintenance Trailer contract to 

E.H. Wachs Company 






Purchase and Delivery of a Valve Maintenance Trailer 


BID OPENING DATE: August 14, 2012 received timely as of the above receiving date and time. 



VENDORS E.H.Wachs 

Original and one (1) PDF YES 

Bid Acknowledgment Cover Sheet YES 

Bid Submittal YES 

Schedule of Values YES 

Questionnaire YES 

Drug Free Workplace YES 

Sworn Statement under YES 

Section 287.133(3) (a) 

Wellington Local Preference Form N/A 

Insurance Certificates YES 

Copy of Appropriate Licenses NO 

Total 

$50,727.50
























Valve Maintenance Trailer 

Standard LX 

77-000-36 Gas & 77-000-38 Diesel





E.H. Wachs Equipment Warranty 

This Equipment Warranty applies to all E. H. Wachs new, used, and repaired machines, components or 

accessories that have been manufactured by E. H. Wachs, under the following warranty policies, extended to 

the original purchaser only. 

1. 1 year Warranty 

E.H. Wachs warrants that all parts and equipment manufactured by Wachs shall be free from defects in 

material and workmanship under normal use and service for a period of 1 year from ship date. Wachs 

obligation under this warranty shall be limited to the repair or replacement of any parts or equipment that, 

upon examination by Wachs, shall be deemed defective. Wachs shall assign manufacturer warranties for parts 

and equipment manufactured by others, such as motors, engines, tires, etc. Purchaser shall use Wachs parts or 

equipment according to the directions or operating manual furnished. Any failure by the purchaser to 

properly use the parts or equipment shall absolve Wachs of all warranty liabilities and obligations hereunder. 

2. Warranty Limitations 

E.H. Wachs warranties do not extend to normal wear and maintenance, or to any parts or equipment 

subjected to misuse, neglect, accident, improper maintenance, altered or modified. No person, agent, 

distributor, dealer, service station or company is authorized to change, modify, or extend the terms of these 

warranties in any manner whatsoever. The repair warranty is limited to the items replaced at the time of 

repair. 

THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER 

WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY OF E.H. WACHS, INCLUDING THE 

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO 

EVENT SHALL WACHS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 

PURCHASER RESPONSIBILITIES 

WACHS warranties are expressly subject to the following conditions: 

You must contact E.H. WACHS to receive a Return Materials Authorization number (RMA) 

You must notify E.H. WACHS of any defect you may discover in parts or equipment within 1 year (of ship 

date) and such notice must be made to Wachs at: 

Phone: (847) 537-8800 

Phone: (800) 323-8185 

Fax: (847) 520-1147 

Address: E. H. Wachs 

600 Knightsbridge Parkway 

Lincolnshire, IL 600691 

TO SERVE YOU BETTER, WE ASK THAT THE PERSON RESPONSIBLE FOR MAINTENANCE OR USE OF 

THIS EQUIPMENT PLEASE REGISTER YOUR NEW TOOL WITH E.H. WACHS BY COMPLETING AND 

FAXING THE WARRANTY REGISTRATION REPLY FORM. KEEP THIS INFORMATION WITH YOUR 

EQUIPMENT RECORDS. 

HAVING THIS INFORMATION ON HAND FOR YOUR REFERENCE AIDS US IN HELPING YOU ANY 

TIME SERVICE MAY BE REQUIRED. 

2 Rev. 4. 11/30/10

6. G 




AGENDA ITEM NAME: RESOLUTION R2012-78 (APPROVAL OF AMENDMENT NO.6 TO THE 

NEIGHBORHOOD STABILIZATION PROGRAM1 (NSP1) GRANT AGREEMENT) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AMENDMENT 

NO. 6 TO THE AGREEMENT WITH PALM BEACH COUNTY FOR THE PURPOSE OF 

RECEIVING A GRANT UNDER THE PROVISIONS OF THE NEIGHBORHOOD 

STABILIZATION GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 





FIRST READING 


REQUEST: Approval of R2012-78 authorizing Amendment No. 6 to NSP1 Grant Agreement (the 

Agreement) between Wellington and Palm Beach County amending the expiration date to the 

Agreement and giving Wellington additional options in regards to the disposal of the homes. 

EXPLANATION: Amendment No. 6 will extend the timeframe to sell the NSP homes from 

December 31, 2012 to March 4, 2014. In addition, Amendment No. 6 gives Wellington the ability to 

donate the homes and provides further rental guidelines should Wellington wish to pursue either or 

both of those alternatives. 


FISCAL IMPACT: None 

VILLAGE GOAL: Neighborhood Renaissance 

RECOMMENDATION: Approval of R2012-78 authorizing Amendment No. 6 to NSP1 Grant 

Agreement (the Agreement) between Wellington and Palm Beach County amending the expiration 

date to the Agreement and giving Wellington additional options in regards to the disposal of the 

homes.

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RESOLUTION NO. R2012-78 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL 

APPROVING AMENDMENT NO. 6 TO THE AGREEMENT 

WITH PALM BEACH COUNTY FOR THE PURPOSE OF 

RECEIVING A GRANT UNDER THE PROVISIONS OF THE 

NEIGHBORHOOD STABILIZATION GRANT PROGRAM; 

AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, Wellington’s Council authorized entering into an agreement with 

Palm Beach County through the passage of Resolution R2010-29 to facilitate receipt of 

grant monies under the Neighborhood Stabilization Grant Program; and 

WHEREAS, on or about August 10, 2010, Wellington approved an Amendment 

to said Agreement through the passage of Resolution R2010-50; and 

WHEREAS, on or about February 8, 2011, Wellington approved Amendment No. 

2 to said Agreement extending the deadline for completion of the terms of the 

Agreement from April 30, 2011 to December 31, 2011; and 

WHEREAS, Amendment No. 3 was agreed to administratively as it was 

proposed by Palm Beach County to further clarify the date extension to December 31, 

2011 which had been previously approved by Wellington’s Council; and 

WHEREAS, Amendment No. 4 was agreed to administratively and further 

amended the Agreement to extend the deadline for completion of the terms from 

December 31, 2011 to December 31, 2012 and the Declarations of Restrictions; and 

WHEREAS, on or about April 10, 2012, Wellington approved Amendment No. 5 

to said Agreement through the passage of Resolution R2012-24 to further clarify the 

ability to forgive program subsidy or funds invested in a property over and above the 

appraised value as allowed by program guidelines established by the U.S. Department 

of Housing and Urban Development; and 

WHEREAS, Amendment No. 6 will further amend the terms of said Agreement to 

extend the expiration of the Agreement from December 31, 2012 to March 4, 2014, 

allow Wellington to donate the homes and provides further rental guidelines. 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S 

COUNCIL that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified. 

SECTION 2. Amendment No. 6 to Agreement with Palm Beach County 

(attached hereto as Exhibit “A”) is approved and the Mayor and Clerk are authorized to

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execute said Amendment on behalf of the Village of Wellington. 

SECTION 3. This Resolution shall become effective immediately upon adoption. 

PASSED AND ADOPTED this 11 th day of December, 2012. 

ATTEST: WELLINGTON 

By: ____________________________ By: ______________________ 

Awilda Rodriguez, Wellington Clerk Bob Margolis, Mayor 

APPROVED AS TO FORM 

AND LEGAL SUFFICIENCY 

By:_____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington 

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AMENDMENT 006 TO THE AGREEMENT 

WITH 

VILLAGE OF WELLINGTON 

Amendment 006 entered into this _____ day of ________________, 20____, by and 

between Palm Beach County and the Village of Wellington. 

W I T N E S S E T H: 

WHEREAS, Palm Beach County entered into an Agreement with the Village of Wellington, 

on May 26, 2010 (R2010-1036), as amended on August 17, 2010, by Amendment 001 

(R2010-1283), as amended on March 15, 2011, by Amendment 002 (R2011-0398), as 

amended on March 15, 2011, by Amendment 003 (R2011-0399), as amended on January 

24, 2011, by Amendment 004 (R2012-0129), and as amended on June 8, 2012, by 

Amendment 005 (R2012-1261), to provide $680,141.30 of Neighborhood Stabilization 

Program Grant funds for the acquisition and rehabilitation of properties; and 

WHEREAS, the parties wish to modify the Agreement, and: 

WHEREAS, both parties mutually agree that the original Agreement, as amended, is hereby 

further amended as follows: 

A. PART III SECTION 2 – TIME OF PERFORMANCE 

Delete the last sentence and replace with the following: 

“The Municipality shall provide the services and receive compensation or reimbursement 

according to the requirements of Section 1 in Part III of this Agreement and shall further 

comply with its obligations hereunder by selling the properties acquired with funding made 

available herein by March 4, 2014, or such other date as may be established by the HUD. If 

such other date is established by HUD, the County shall provide the Agency written notice of 

such other date, and the Agency shall then sell and/or rent the properties no later than the 

date established in said written notice.” 

B. PART IV – SECTION 25 – EXCLUSION OF THIRD PARTY BENEFICIARIES 

Add the following Section to the end of Part IV after Section 24 

25. EXCLUSION OF THIRD PARTY BENEFICIARIES 

No provision of this Agreement is intended to, or shall be construed to, create any 

third party beneficiary or to provide any rights to any person or entity not a party to 

this Agreement, including but not limited to any citizen or employees of the County 

and/or the Municipality. 

C. EXHIBIT A.1 – SECTION I.A – TYPE OF PROPERTY TO BE FUNDED AND 

APPLICATION REQUIREMENTS 

Add the following to the end of Section I.A.: 

“In lieu of the Municipality’s sale or lease of properties acquired hereunder, the Municipality 

may transfer ownership of one or more of such properties to other entities provided, however, 

that the Municipality has obtained the prior written approval of the County to do so. 

Ownership transfers approved by the County shall be made by the Municipality at no cost and 

shall provide marketable title to the recipient.” 

D. EXHIBIT A.1 – SECTION I.K – RESALE OF PROPERTIES ACQUIRED FOR OWNER 

OCCUPANCY 

Add the following Subsection to the end of Section I.K: 

6. Resale of Property Performance Deadline: Property acquired by the Municipality 

hereunder for resale shall be sold by the Municipality, and occupied by a purchaser 

approved by the County, by March 4, 2014, or such other date as may be 

established by HUD. If such other date is established by HUD, the County shall 

provide the Agency written notice of such other date, and the Agency shall then sell 

and/or rent the properties no later than the date established in said written notice.


E. EXHIBIT A.1 – SECTION I.E.3 – ACQUISITION CLOSING 

Add the following to the end of Section I.E.3: 

Page 2 

Village of Wellington – NSP1 

“The Municipality hereby agrees to, from time to time, on a date to be established by the 

County, cooperate with the County to amend Declarations of Restrictions executed in 

connection with this Agreement in order to modify the terms, conditions, and covenants 

therein to become consistent with the requirements of this Agreement. 

F. EXHIBIT A.1 – SECTION I.L – RENTAL OF PROPERTIES 

Delete Section I.L.1 and replace it with the following: 

1. The following shall apply to properties acquired by the Municipality under this Agreement 

and that are to be rented by the Municipality: 

a. Rental Rates and Affordable Period: Properties acquired by the Municipality through 

this Agreement that are to be leased by the Municipality shall comply with the 

following: 

i) Rental properties to be occupied by Very-Low Income Households whose 

incomes, adjusted by family size, are at or below fifty percent (50%) of the Area 

Median Income (hereinafter “AMI”), shall, at the time these properties are first 

occupied, and thereafter, at any time new tenants occupy these properties, and for 

a period of at least fifteen (15) years, be leased at a rate such that the tenant’s 

payment is no more than the Low HOME Rent Limit in effect at the time the lease is 

executed less any tenant paid utilities using the then current local utility allowance 

in the Section 8 Existing Housing Allowances for Tenant-Furnished Utilities and 

Other Services as published by HUD. The Low HOME Rent Limit, by bedroom 

size, shall be as published by HUD, from time to time, for the West Palm Beach- 

Boca Raton HUD Metro FMR Area pursuant to 24 CFR 92.252. AMI shall mean 

the most current area median income published by HUD for the West Palm 

Beach-Boca Raton Metropolitan Statistical Area. 

ii) Rental properties to be occupied by Middle Income Households whose incomes, 

adjusted by family size, are more than fifty percent (50%) of AMI, but no more than 

eighty percent (80%) of AMI, shall, at the time these properties are first occupied, 

and thereafter, at any time new tenants occupy these properties, and for a period 

of at least fifteen (15) years, be leased at a rate such that the tenant’s payment is 

no more than the High HOME Rent Limit in effect at the time the lease is executed 

less any tenant paid utilities using the then current local utility allowance in the 

Section 8 Existing Housing Allowances for Tenant-Furnished Utilities and Other 

Services as published by HUD. The High HOME Rent Limit, by bedroom size, 

shall be as published by HUD, from time to time, for the West Palm Beach- Boca 

Raton HUD Metro FMR Area pursuant to 24 CFR 92.252. 

iii) Rental properties to be occupied by Middle Income Households whose incomes, 

adjusted by family size, are more than eighty percent (80%) of AMI, but no more 

than one hundred and twenty percent (120%) of AMI, shall, at the time these 

properties are first occupied, and thereafter, at any time new tenants occupy these 

properties, and for a period of at least fifteen (15) years, be leased at a rate such 

that the tenant’s payment is no more than the Fair Market Rents in effect at the 

time the lease is executed less any tenant paid utilities using the then current local 

utility allowance in the Section 8 Existing Housing Allowances for 

Tenant-Furnished Utilities and Other Services as published by HUD. The Fair 

Market Rents, by bedroom size, shall be as published by HUD for existing housing, 

for comparable units in the area, pursuant to 24 CFR Part 888.111. 

The Municipality shall request DES for a chart showing the applicable income 

limits, the Low HOME Rent Limit, High HOME Rent Limit, the Fair Market Rents, 

and the Section 8 Existing Housing Allowances for Tenant-Furnished Utilities and


Page 3 


Other Services. The Municipality shall obtain DES approval of each tenant prior to 

leasing the properties it has acquired through this Agreement. Tenants in rental 

properties whose incomes no longer meet federal income guidelines shall have 

their rents adjusted in accordance with applicable federal guidelines. Rental 

properties acquired hereunder continue to qualify as affordable housing despite 

temporary non-compliance caused by increases in the incomes of existing tenants 

if actions consistent with HUD regulations are being taken to ensure that all 

vacancies are filled in accordance with affordability requirements until the 

non-compliance is corrected. 

Properties that are leased by the Municipality shall be leased on a continuous 

basis without interruption in occupancy exceeding thirty (30) days while the 

Municipality performs maintenance and repairs or completes arrangements to 

enable occupancy by new tenants. 

b. Repair & Replacement Reserve Account: The Municipality shall establish, or cause to 

be established, a segregated interest-bearing replacement reserve depository 

account (“Repair & Replacement Reserve Account”) for rental properties. The 

Municipality shall make monthly deposits totaling no less than 2.5% of each monthly 

rental payment into the Repair & Replacement Reserve Account. The Municipality 

may withdraw funds from the Repair & Replacement Reserve Account solely to fund 

capital improvements for the rental properties, such as replacing or repairing structural 

elements, fixtures or equipment that are reasonably required to preserve these 

properties. The Municipality may not withdraw funds from the Repair & Replacement 

Reserve Account for any other purpose without the prior written approval of the 

County. If the property is sold, any funds remaining within this account shall be 

returned to DES at the time of closing. 

c. Background Check, Tenant Selection, and Lease Requirements: The Municipality 

shall conduct a criminal and credit background check on all adult members of 

households prior to occupancy. 

The Municipality shall comply with the following tenant selection and lease 

requirements: 

i) The Municipality shall adopt, and submit to the County for review, written tenant 

selection policies and criteria that: 

Are consistent with the purpose of providing housing to families at the income 

levels specified herein; 

Are reasonably related to program eligibility and the applicants' ability to 

perform the obligations of the lease; 

Provide for the selection of tenants from a written waiting list in the 

chronological order of their application, insofar as is practicable; and 

Give prompt written notification to any rejected applicant of the grounds for any 

rejection. 

ii) The Municipality shall submit a copy of its proposed Lease Agreement for approval 

by DES. In the event that future material revisions may occur, Municipality shall 

submit an updated Lease Agreement for approval (which shall not be 

unreasonably withheld or delayed) as revisions occur. 

iii) The lease between a tenant and the Municipality must be for not less than one (1) 

year, unless by mutual agreement between the tenant and the Municipality. 

iv) The Municipality shall utilize leases which require parents to be held legally and 

financially liable for the acts of their children, and which allow the Municipality to 

terminate the lease where a household member is engaged in illegal or criminal 

activity or where a household member is engaged in anti-social behavior which 

denies area residents the right to quiet and peaceful enjoyment of their homes or 

businesses.


Page 4 


v) The Municipality may not terminate the tenancy or refuse to renew the lease of a 

tenant at a property acquired hereunder, except for serious or repeated violation of 

the terms and conditions of the lease; violation of applicable Federal, State, or local 

law; or for other good cause. To terminate or refuse to renew tenancy, the 

Municipality must serve written notice upon the tenant specifying the grounds for 

the action at least thirty (30) days before the termination of tenancy unless such 

delay would cause substantial potential harm. 

vi) The Municipality is prohibited, from including any of the following lease terms in the 

Lease Agreement of rental properties: 

Agreement to be Sued: Agreement by the tenant to be sued, to admit guilt, or 

to a judgment in favor of the Municipality in a lawsuit brought in connection with 

the lease; 

Treatment of Property: Agreement by the tenant that the Municipality may 

take, hold, or sell personal property of household members without notice to the 

tenant and a court decision on the rights of the parties. This prohibition, 

however, does not apply to an agreement by the tenant concerning disposition 

of personal property remaining in the housing unit after the tenant has moved 

out of the unit. The Municipality may dispose of this personal property in 

accordance with State law; 

Excusing Municipality from Responsibility: Agreement by the tenant not to 

hold the Municipality or the Municipality’s agents legally responsible for any 

action or failure to act, whether intentional or negligent; 

Waiver of Notice: Agreement of the tenant that the Municipality may institute a 

lawsuit without notice to the tenant; 

Waiver of Legal Proceedings: Agreement by the tenant that the Municipality 

may evict the tenant or household members without instituting a civil court 

proceeding in which the tenant has the opportunity to present a defense, or 

before a court decision on the rights of the parties; 

Waiver of a Jury Trial: Agreement by the tenant to waive any right to a trial by 

jury; 

Waiver of Right to Appeal Court Decision: Agreement by the tenant to waive 

the tenant's right to appeal, or to otherwise challenge in court, a court decision 

in connection with the lease; and 

Tenant Chargeable with Cost of Legal Actions Regardless of 

Outcome: Agreement by the tenant to pay attorney's fees or other legal costs 

even if the tenant wins in a court proceeding by the Municipality against the 

tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 

d. Leases to be Maintained: The Municipality shall, for each household that is leased a 

rental property, maintain a file that, at minimum, contains the following: 

i) An application for lease, signed and dated by the applicant(s), identifying the 

household members that intend to occupy the dwelling, the household 

characteristics, and the household income they have disclosed; 

ii) At the time a rental property is first occupied, and thereafter, at any time new 

tenants occupy rental properties, source documentation evidencing the 

Municipality’s verification of the applicant’s household income and a computation 

sheet demonstrating the Municipality’s determination of the applicant’s income 

eligibility to occupy the unit. Household income computation shall follow the HUD 

Part 5 method (24 CFR 5.609); 

ii) A copy of the HUD income levels in effect at the time the initial lease and lease 

renewals are signed; 

iii) A computation sheet and supporting documentation demonstrating that the rent


Page 5 


charged by the Municipality is at the applicable rental rate specified herein; 

iv) An original of all executed leases with the applicant/tenant identifying the unit 

number/address and the rental rate; 

v) A copy of the herein described criminal and credit background check; and 

vi) Any other documentation evidencing the Municipality’s compliance with this 

Agreement. 

e. Termite Inspection Report: For property acquired rental, the Municipality shall deliver 

a termite wood destroying insects report to DES no later than the January 31 st of every 

third (3 rd ) year, beginning January 2016. Should the report indicate the presence of 

wood destroying insects, the Municipality may be reimbursed for eligible costs 

incurred for property extermination, and shall provide evidence of such extermination 

to DES. 

f. Sale of Rental Property: Should the Municipality sell a property used for rental 

purposes, the sale of such property shall comply with the requirements of Section I.K 

herein. 

The requirements of this Section shall survive the expiration of this Agreement. 

NOW THEREFORE, 1) all items in the Agreement in conflict with this Amendment shall be 

and are hereby changed to conform to this Amendment, and 2) all provisions not in conflict 

with this aforementioned Amendment are still in effect and shall be performed at the same 

level as specified in the Agreement. 

(MUNICIPALITY SEAL BELOW) VILLAGE OF WELLINGTON 

By: ________________________________ 


By: ________________________________ 

Awilda Rodriguez, Village Clerk 

PALM BEACH COUNTY, FLORIDA, a 

Political Subdivision of the State of Florida 

FOR ITS BOARD OF COUNTY 

COMMISSIONERS 

By: ________________________________ 

Shannon R. LaRocque-Baas, P.E. 

Assistant County Administrator 

Approved as to Form and Approved as to Terms and Conditions 

Legal Sufficiency Department of Economic Sustainability 

By: _____________________________ By: ________________________________ 

Tammy K. Fields Sherry Howard 

Chief Assistant County Attorney Deputy Director

6. H 




AGENDA ITEM NAME: RESOLUTION R2012-79 (CHEDDAR'S AT WELLINGTON PLAT) 

A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL ACCEPTING AND APPROVING THE 

CHEDDAR'S AT WELLINGTON PLAT FOR A 5.45 ACRE PARCEL LYING IN SECTION 12, 

TOWNSHIP 44 SOUTH, RANGE 41 EAST, VILLAGE OF WELLINGTON, PALM BEACH COUNTY, 

FLORIDA, BEING A REPLAT OF A PORTION OF TRACT 1, BLOCK 18, PALM BEACH FARMS 

COMPANY PLAT NO. 3., AS RECORDED IN PLAT BOOK 2, PAGES 45-54, PUBLIC RECORDS 

OF PALM BEACH COUNTY, FLORIDA. 





FIRST READING 


REQUEST: Approval of Resolution R2012-79 accepting and approving the Cheddar's at Wellington 

Plat. 

EXPLANATION: According to the approved Master Plan there is the potential for 20,000 square 

feet of medical office to be developed on this site. Ordinarily in an MUPD zoning district, the 

applicant would be expected to have created a property owners association (POA) and shown 

common areas dedicated to the POA. In this case, however, there is no subdivision of the property 

contemplated and Pepperjack, LLC will own the entire property. Since there is only Tract A shown 

on the plat, the buffer wetland lake and roadway easements granted to Pepperjack, LLC rather than 

a POA do not create a problem as the unity of control over the site remains with Pepperjack, LLC. 

Should, in the future, the property be the subject of future development and either subdivision of the 

property into additional lots or the development of an office condominium, a property owners 

association should be established and a replat of the property may be necessary. A condition to 

this effect has been inserted into the approving resolution for the plat. 

This is a petition for the platting of a 5.45 acre parcel located on the west side of State Road 7, 

approximately 1 mile north of Forest Hill Boulevard. A location map is provided as Attachment 1. 

The Petitioners and Owners of the property are Pepperjack Palm LLC. Council approved the 

Master Plan Amendment of Michael Iorizzo, Owner, Pepperjack LLC, on July 12, 2011 (Resolution 

R2011-18) (provided as Attachment 2). The DRC approved the Site Plan for the development on 

December 14, 2011. The approved Site Plan is provided as Attachment 3.


Necessary utility, drainage, road and access easements and dedications are included as part of the 

plat. 

This plat has been reviewed by a Licensed Land Surveyor, Engineering and PZAB for conformance 

with the approved Master and Site Plans, Wellington Land Development Regulations and applicable 

codes. Based upon the review, the plat is in conformance with these requirements and therefore is 

recommended for approval. 

Attachments to Agenda Item Summary: 

Attachment 1 – Location Map 

Attachment 2 – Resolution R2011-18 Iorizzo Master Plan Amendment 

Attachment 3 – Approved Site Plan 

Exhibits to Resolution R2012-79 

Exhibit A – Location Map 

Exhibit B – Cheddar’s at Wellington Plat 

Exhibit C – Approved Site Plan 

Exhibit D – Surveyors Certificate re PRM and No Changes 

Exhibit E – 2011 Tax Receipt 

Exhibit F – Technical Compliance 

Exhibit G – Acknowledgement of Responsibilities 

Exhibit H – Surveyor Compliance with FS 177 




RECOMMENDATION: Approval of Resolution R2012-79 accepting and approving the Cheddar’s at 

Wellington Plat.



Attachment 2 - Iorizzo MPA 

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Attachment 3 - Approved Site Plan 

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A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

ACCEPTING AND APPROVING THE CHEDDAR’S AT 

WELLINGTON PLAT FOR A 5.45 ACRE PARCEL LYING IN 

SECTION 12, TOWNSHIP 44 SOUTH, RANGE 41 EAST, 

VILLAGE OF WELLINGTON, PALM BEACH COUNTY, 

FLORIDA, BEING A REPLAT OF A PORTION OF TRACT 1, 

BLOCK 18, PALM BEACH FARMS COMPANY PLAT NO. 3, AS 

RECORDED IN PLAT BOOK 2, PAGES 45 - 54, PUBLIC 

RECORDS OF PALM BEACH COUNTY, FLORIDA. 

WHEREAS, the proposed Cheddar’s at Wellington Plat being a replat of a 5.45 

acre parcel lying in Section 12, Township 44 South, Range 41 East, Village of 

Wellington, Palm Beach County, Florida, (Exhibit A – Cheddar’s at Wellington Green 

Location Map) formerly a portion of Tract 1, Block 18, Palm Beach Farms Company Plat 

No. 3, as recorded in Plat Book 2, Pages 45-54, has been reviewed and found to be 

consistent with the preliminary plat approval for Technical Compliance; and 

WHEREAS, the following documents upon which the plat is based are attached 

as Exhibit C – Approved Site Plan, Exhibit D – Surveyors Certificate re PRM and No 

Changes, Exhibit E – 2011 Tax Receipt, Exhibit F – Technical Compliance, Exhibit G – 

Acknowledgement of Responsibilities, Exhibit H – Surveyor Compliance with FS 177; 

and 

WHEREAS, all necessary dedications and fees have been supplied to the Village 

of Wellington; and 

WHEREAS, the Engineering Department recommends that Council accept and 

approve the proposed plat. 


COUNCIL that: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified as being true 

and correct. 

SECTION 2. The Wellington Council hereby accepts and approves the 

Cheddar’s at Wellington Plat, a copy of which is attached (Exhibit B – Cheddar’s at 

Wellington Plat), and hereby authorizes the Mayor and Clerk to execute the plat to be 

recorded, subject to and conditioned upon the requirements of Article 8 of Wellington’s 

Land Development Regulations. 

SECTION 3. Upon recordation of the plat, any prior plat encompassing this 

property or pre-existing subdivision of this property shall be automatically and 

simultaneously vacated and annulled.

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SECTION 4. In the event of additional office development requiring the 

subdivision of Tract “A” and/or a condominium being created, the owners of the property 

would have to create a property owners association to accept the common area 

easements including but not limited to the buffer, roadway, wetland lake easements 

currently running in favor of Pepperjack, LLC on the plat. Such future development may 

require a replat of the property in whole or in part. 


PASSED AND ADOPTED this 11 th day of December, 2012. 


By: ____________________________ By: ______________________ 




By:_____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington

Exhibit A - Location Map 

Cheddar's at Wellington 


Exhibit B - Cheddar's at Wellington Plat 

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Exhibit B - Cheddar's at Wellington Plat 

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Exhibit C - Approved Site Plan 

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Exhibit D - Surveyors Certificate 

re No Changes and PRMs


Exhibit E - 2011 Tax Receipt 

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Exhibit F - Technical Compliance 

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Exhibit G - Acknowledgement of Responsibilities 

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Exhibit G - Acknowledgement of Responsibilities 

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Exhibit H - Surveyor Compliance with FS 177

7. A 




AGENDA ITEM NAME: INTENT TO CONTINUE USING THE UNIFORM METHOD OF 

COLLECTING NON-AD VALOREM ASSESSMENTS FOR WELLINGTON, FLORIDA AND ACME 

IMPROVEMENT DISTRICT 

(a) RESOLUTION R2012-73: A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL 

EXPRESSING THE INTENT OF WELLINGTON TO CONTINUE TO USE THE UNIFORM METHOD 

OF COLLECTING NON-AD VALOREM ASSESSMENTS AS AUTHORIZED AND PERMITTED BY 

SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON- 

AD VALOREM ASSESSMENTS AND SETTING FORTH THE LEGAL DESCRIPTION OF THE 

REAL PROPERTY WITHIN WELLINGTON'S JURISDICTIONAL BOUNDARIES THAT MAY OR 

SHALL BE SUBJECT TO THE LEVY OF WELLINGTON NON-AD VALOREM ASSESSMENTS; 


(b) RESOLUTION NO. AC2012-08: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 

ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT OF THE DISTRICT TO 

CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM 

ASSESSMENTS AS AUTHORIZED AND PERMITTED BY SECTION 197.3632, FLORIDA 

STATUTES; EXPRESSING THE NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS 

AND SETTING FORTH THE LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE 

DISTRICT'S JURISDICTIONAL BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE 

LEVY OF DISTRICT NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN EFFECTIVE 

DATE. 





FIRST READING 


REQUEST: Approval of: 


Improvement District for the intent to continue to use the Uniform Method of Collecting Non-Ad 

Valorem Assessments. 

EXPLANATION: Section 197.3632 of the Florida Statutes requires that a local government which is 

authorized to impose a Non-Ad Valorem Assessment and which elects to use the Uniform Non-Ad 

Valorem Method of collecting such assessments, following a public hearing, must adopt a


Resolution expressing their intent to use the Uniform Method of Collecting Non-Ad Valorem. Since 

Wellington and Acme utilize this method of collecting assessments, Resolutions R2012-73 and 

AC2012-08 have been prepared which express the intent of Wellington and the Acme Improvement 

District to continue to utilize that method of collecting Non-Ad Valorem assessments. “There are no 

new assessments or changes in assessments being proposed by these resolutions”. A public 

hearing for these resolutions is required to establish the assessments. These items have been 

advertised in accordance with the requirements of the State Statute. 

(a) Resolution No. R2012-73 authorizes Wellington to collect Non-Ad Valorem assessments 

for, but not limited to, the cost of providing storm water management, solid waste 

collection, water and sewer improvements, debris removal, hurricane recovery and reserve 

funding, erosion control and restoration of lake and canal banks, and neighborhood 

improvements including road construction and resurfacing, safe neighborhood initiatives 

including specialized law enforcement activities, neighborhood park improvements, 

beautification, and maintenance of right-of-way, neighborhood wall construction, 

beautification, and maintenance, subdivision entranceway construction and maintenance, 

and such other lawful purposes which Wellington is empowered to provide as authorized 

by law which Wellington would intend to continue to use for each year until discontinued. 

(b) Resolution No. AC2012-08 authorizes the Acme Improvement District to collect Non-Ad 

Valorem assessments for, but not limited to, the cost of satisfying the lawful debt 

obligations of the District, and/or financing, constructing, maintaining, and servicing the 

Water Management Plans and Water Management Improvements of the District, including 

but not limited to, providing drainage, surface water management, neighborhood 

improvements including road construction and resurfacing, neighborhood park 

improvements, beautification, maintenance of rights-of-way, erosion control and restoration 

of lakes and canal banks, and such other lawful purposes which the District is empowered 

to provide as authorized by law. 



VILLAGE GOAL: Protecting our Investment 

RECOMMENDATION: Approval of: 


Improvement District for the intent to continue to use the Uniform Method of Collecting Non-Ad 

Valorem Assessments.

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A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL 

EXPRESSING THE INTENT OF WELLINGTON TO CONTINUE 

TO USE THE UNIFORM METHOD OF COLLECTING NON-AD 

VALOREM ASSESSMENTS AS AUTHORIZED AND 

PERMITTED BY SECTION 197.3632, FLORIDA STATUTES; 

EXPRESSING THE NEED FOR THE LEVY OF NON-AD 

VALOREM ASSESSMENTS AND SETTING FORTH THE 

LEGAL DESCRIPTION OF THE REAL PROPERTY WITHIN THE 

WELLINGTON’S JURISDICTIONAL BOUNDARIES THAT MAY 

OR SHALL BE SUBJECT TO THE LEVY OF WELLINGTON 

NON-AD VALOREM ASSESSMENTS; AND PROVIDING AN 


WHEREAS, Chapter 197, Florida Statutes, provides for the usage by Wellington, 

Florida of a uniform method of collecting its non-ad valorem assessments; and 

WHEREAS, Chapter 197, Florida Statutes, sets forth certain requirements which must 

be met by Wellington in order to use and or continue using said uniform method of collecting 

its non-ad valorem assessments; and 

WHEREAS, in accordance with Section 197.3632, Florida Statutes, Wellington has 

cause to be published in The Palm Beach Post, a newspaper of general circulation within the 

county within which Wellington is located, weekly for four consecutive weeks prior to the date 

of the adoption of this Resolution a notice of Wellington’s intent to hold a public hearing on 

December 11, 2012 at 7:00 p.m. at Wellington City Hall, for the purpose of advising the public 

of Wellington’s intention to adopt and continue using the Chapter 197, Florida Statutes, 

uniform method of collecting non-ad valorem assessments; and 

WHEREAS, Wellington, Florida’s Council, in accordance with the aforementioned 

published notice, did hold a public hearing on December 11, 2012 at 7:00 p.m. at Wellington 

City Hall, 12300 Forest Hill Blvd., Wellington, Florida, 33414; and 

WHEREAS, Wellington, Florida’s Council, has determined that it is in the best interest 

of Wellington, together with the landowners and residents residing within the jurisdictional 

boundaries of Wellington, for Wellington to elect to use the uniform method of collecting nonad 

valorem assessments as have been or may be levied by Wellington with said method of 

collection to be carried out in accordance with Section 197.3632, Florida Statutes, until 

discontinued for a year. 

that: 


NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S COUNCIL, 

SECTION 1. The uniform method of collecting non-ad valorem assessments as have 

been or may be levied by Wellington, as authorized by Section 197.3632, Florida Statutes, is 

hereby adopted for use by Wellington, continuing and/or commencing on October 1, 2013 and

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with the tax statement mailed for such fiscal year, which Wellington would continue to use for 

each year until discontinued for a year. 

SECTION 2. Wellington hereby determines that the non-ad valorem assessments as 

have been or may be required to be assessed and levied within the incorporated area of 

Wellington, including such area as may be annexed into Wellington, for the cost of, but not 

limited to, providing storm water management, solid waste collection, water and sewer 

improvements, debris removal, hurricane recovery and reserve funding, erosion control and 

restoration of lake and canal banks, and neighborhood improvements including road 

construction and resurfacing, safe neighborhood initiatives including specialized law 

enforcement activities, neighborhood park improvements, beautification, and maintenance of 

right-of-way, neighborhood wall construction, beautification, and maintenance, subdivision 

entranceway construction and maintenance, street lighting, payment of bond indebtedness, 

maintenance, and such other lawful purposes which Wellington is empowered to provide as 

authorized by law which Wellington would intend to continue to use for each year until 

discontinued. 

SECTION 3. The uniform method of collecting non-ad valorem assessments and the 

levy of new non-ad valorem assessments and the continued levy of previously adopted nonad 

valorem assessments, shall, to the extent authorized by law, apply to all lands located 

within the jurisdictional boundaries of Wellington, as said jurisdictional boundaries are 

described in attached Exhibit “A” which is incorporated herein and made a part hereof, and as 

such boundaries may be amended from time to time. 

SECTION 4. A certified copy of this Resolution, together with Exhibit “A”, attached 

thereto, shall be promptly forwarded to the Palm Beach County Property Appraiser, Palm 

Beach County Tax Collector, and the Florida Department of Revenue. 

SECTION 5. If any section, paragraph, sentence, clause, phrase, or work of this 

Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, 

inoperative, or void, such holding shall not affect the remainder of this Resolution. 


PASSED AND ADOPTED this 11 TH day of December, 2012. 


BY: ____________________________ BY: ___________________________ 


APPROVED AS TO FORM AND 


BY: _____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington 

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RESOLUTION NO. AC2012-08 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF 

ACME IMPROVEMENT DISTRICT EXPRESSING THE INTENT 

OF THE DISTRICT TO CONTINUE TO USE THE UNIFORM 

METHOD OF COLLECTING NON-AD VALOREM 

ASSESSMENTS AS AUTHORIZED AND PERMITTED BY 

SECTION 197.3632, FLORIDA STATUTES; EXPRESSING THE 

NEED FOR THE LEVY OF NON-AD VALOREM ASSESSMENTS 

AND SETTING FORTH THE LEGAL DESCRIPTION OF THE 

REAL PROPERTY WITHIN THE DISTRICT’S JURISDICTIONAL 

BOUNDARIES THAT MAY OR SHALL BE SUBJECT TO THE 

LEVY OF DISTRICT NON-AD VALOREM ASSESSMENTS; AND 


WHEREAS, Chapter 197, Florida Statutes, provides for the usage by the Acme 

Improvement District of a uniform method of collecting its non-ad valorem assessments; and 

WHEREAS, Chapter 197, Florida Statutes, sets forth certain requirements which must 

be met by the Acme Improvement District in order to use and or continue using said uniform 

method of collecting its non-ad valorem assessments; and 

WHEREAS, in accordance with Section 197.3632, Florida Statutes, the Acme 

Improvement District has cause to be published in The Palm Beach Post, a newspaper of 

general circulation within the county within which the District is located, weekly for four 

consecutive weeks prior to the date of the adoption of this Resolution a notice of the District’s 

intent to hold a public hearing on December 11, 2012 at 7:00 p.m. at Wellington City Hall for 

the purpose of advising the public of the District’s intention to adopt and continue using the 

Chapter 197, Florida Statutes, uniform method of collecting non-ad valorem assessments; 

and 

WHEREAS, the Board of Supervisors of the Acme Improvement District, in 

accordance with the aforementioned published notice, did hold a public hearing on December 

11, 2012, 2012 at 7:00 p.m. at Wellington City Hall, 12300 Forest Hill Blvd., Wellington, 

Florida, 33414; and 

WHEREAS, the Board of Supervisors of the Acme Improvement District has 

determined that it is in the best interest of the District, together with the landowners and 

residents residing within the jurisdictional boundaries of the District, for the District to elect to 

use and/or continue using the uniform method of collecting non-ad valorem assessments as 

provided in Section 197.3632, Florida Statutes. 

NOW, THEREFORE, BE IT RESOLVED BY BOARD OF SUPERVISORS OF ACME 

IMPROVEMENT DISTRICT, FLORIDA, that: 

SECTION 1. The uniform method of collecting non-ad valorem assessments as 

authorized by Section 197.3632, Florida Statutes, is hereby adopted for use and/or continued 

usage by the Acme Improvement District.

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SECTION 2. Acme Improvement District hereby determines that the non-ad valorem 

assessments as have been or may be required to be assessed and levied by the Acme 

Improvement District, including such areas as may be annexed into the District, for the cost of 

satisfying the lawful debt obligations of the District, and/or financing, constructing, 

maintaining, and servicing the Water Management Plans and Water Management 

Improvements of the District, including but not limited to, providing drainage, surface water 

management, neighborhood improvements including road construction and resurfacing, 

neighborhood park improvements, beautification, maintenance of rights-of-way, erosion 

control and restoration of lakes and canal banks, and such other lawful purposes which the 

District is empowered to provide as authorized by law. 

SECTION 3. The uniform method of collecting non-ad valorem assessments and the 

continued levy of previously adopted non-ad valorem assessments or the levy of new non-ad 

valorem assessments, if so required, shall, to the extent authorized by law, apply to all lands 

located within the jurisdictional boundaries of the Acme Improvement District, as said 

jurisdictional boundaries are described in attached Exhibit “A” which is incorporated herein 

and made a part hereof. 

SECTION 4. A certified copy of this Resolution, together with Exhibit “A”, attached 

thereto, shall be promptly forwarded to the Palm Beach County Property Appraiser, Palm 

Beach County Tax Collector, and the Florida Department of Revenue. 

SECTION 5. If any section, paragraph, sentence, clause, phrase, or work of this 

Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, 

inoperative, or void, such holding shall not affect the remainder of this Resolution. 


PASSED AND ADOPTED this 11th day of December 2012. 

ATTEST: ACME IMPROVEMENT DISTRICT, FLORIDA 

BY:____________________________ BY:_____________________________ 

Awilda Rodriguez, Board Secretary Bob Margolis, Board President 



BY:____________________________ 

Jeffrey S. Kurtz, Board Attorney 

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NOTICE OF INTENT TO USE UNIFORM METHOD 

OF COLLECTING NON-AD VALOREM ASSESSMENTS 

The Village of Wellington, Florida hereby provides notice, pursuant to section 

197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad 

valorem special assessments to be levied within the incorporated area of Wellington including 

such areas as may be annexed into Wellington, for the cost of providing storm water 

management, solid waste collection, water and sewer improvements, debris removal, 

hurricane recovery and reserve funding, erosion control and restoration of lake and canal 

banks, and neighborhood improvements including road construction and resurfacing, safe 

neighborhood initiatives including specialized law enforcement activities, neighborhood park 

improvements, beautification, and maintenance of right-of-way, neighborhood wall 

construction, beautification, and maintenance, subdivision entranceway construction and 

maintenance, street lighting, payment of bond indebtedness, maintenance, and such other 

lawful purposes for the Wellington is empowered to provide, commencing for the Fiscal Year 

beginning October 1, 2013. Wellington will consider the adoption of a resolution or resolutions 

electing to use the uniform method of collecting such assessments authorized by section 

197.3632, Florida Statues, at a public hearing to be held at 7:00 p.m. on December 11, 2012 at 

Wellington City Hall, 12300 Forest Hill Blvd. Such resolution will state the need for the levy and 

will contain a legal description of the boundaries of the real property subject to the levy. Copies 

12300 Forest Hill Blvd. • Wellington, Florida 33414 • (561) 791-4000 • Fax (561) 791-4045 



of the proposed form of resolution(s), which contains the legal description of the real property 

subject to the levy, are on file at the Office of the Wellington Clerk of Wellington, Florida. All 

interested persons are invited to attend. 

In the event any person decides to appeal any decision by Wellington with respect to 

any matter relating to the consideration of the resolution at the above-referenced public 

hearing, a record of the proceeding may be needed and in such an event, such person may 

need to ensure that a verbatim record of the public hearing is made, which record includes the 

testimony and evidence on which the appeal is to be based. In accordance with the 

Americans with Disabilities Act, persons needing a special accommodation or an interpreter to 

participate in this proceeding should contact the Manager at (561) 791-4000 at least five (5) 

days prior to the date of the hearing. 

DATED this November 8, 2012 

PUBLISH: The Palm Beach Post 




December 4, 2012 

Awilda Rodriguez, Wellington Clerk 




NOTICE OF INTENT TO USE UNIFORM METHOD OF 

COLLECTING NON-AD VALOREM ASSESSMENTS 

The Acme Improvement District hereby provides notice, pursuant to section 

197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non-ad 

valorem special assessments to be levied within the area of the Acme Improvement District 

including such area as may be annexed into the District, for the cost of satisfying the lawful 

debt obligations of the District, and/or financing, constructing, maintaining, and servicing the 

Water Management Plans and Water Management Improvements of the District, including but 

not limited to providing drainage, surface water management, neighborhood improvements 

including road construction and resurfacing, safe neighborhood initiatives including specialized 

law enforcement activities, neighborhood park improvements, beautification, maintenance of 

rights-of-way, erosion control and restoration of lakes and canal banks, and such other lawful 

purposes for Acme Improvement District is empowered to provide, commencing for the Fiscal 

Year beginning October 1, 2013. The Acme Improvement District will consider the adoption of 

a resolution electing to use the uniform method of collecting such assessments authorized by 

section 197.3632, Florida Statues, at a public hearing to be held at 7:00 p.m. on December 11, 

2012 at Wellington City Hall, 12300 Forest Hill Blvd., Wellington, Florida, 33414. Such 

resolution will state the need for the levy and will contain a legal description of the boundaries 

of the real property subject to the levy. Copies of the proposed form of 




resolution, which contains the legal description of the real property subject to the levy, are on 

file at the Office of the Wellington Clerk of Wellington, Florida. All interested persons are 

invited to attend. 

In the event any person decides to appeal any decision by the Acme Improvement 

District with respect to any matter relating to the consideration of the resolution at the above- 

referenced public hearing, a record of the proceeding may be needed and in such an event, 

such person may need to ensure that a verbatim record of the public hearing is made, which 

record includes the testimony and evidence on which the appeal is to be based. In 

accordance with the Americans with Disabilities Act, persons needing a special 

accommodation or an interpreter to participate in this proceeding should contact the District 

Administrator at (561) 791-4000 at least five (5) days prior to the date of the hearing. 

DATED: November 8, 2012 

PUBLISH: The Palm Beach Post 




December 4, 2012 

Awilda Rodriguez, Wellington Clerk 



7. B 




AGENDA ITEM NAME: RESOLUTION R2012-68 (WELLINGTON POLO PRESERVE) 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING THE MASTER PLAN 

AMENDMENT FOR PETITION 2012-029 MPA6, ALSO KNOWN AS WELLINGTON POLO 

PRESERVE LOCATED WITHIN SECTION 34 (PART OF ORANGE POINT PUD), NOT 

INCLUDING THE SOUTHWEST 51.70 ACRES KNOWN AS IROQUOIS FARM, AS DESCRIBED 

MORE PARTICULARY HEREIN, TO DELINEATE THE MASTER PLAN INTO THREE (3) 

PARCELS, CONSISTING OF ONE HUNDRED AND FOURTEEN (114) RESIDENTAL UNITS, AND 

PROVIDE FOR TWO (2) ADDITIONAL ACCESS POINTS ALONG 130TH AVENUE SOUTH AND 

ONE (1) ADDITIONAL ACCESS POINT ALONG 50TH STREET SOUTH; PROVIDING FOR 

SEVERABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING AN 

EFFECTIVE DATE; AND FOR OTHER PURPOSES. 





FIRST READING 


REQUEST: Approval of Resolution 2012-68 for a Master Plan Amendment to Wellington Polo 

Preserve which will create three (3) additional access points and separate the properties into three 

(3) parcels containing a total of 114 lots. 

EXPLANATION: Jon Schmidt and Associates, Inc., agent for the owners, is requesting a master 

plan amendment for Wellington Polo Preserve, aka Wellington Preserve, to separate Pod L of the 

Orange Point PUD into three (3) areas. The request will also provide for three (3) additional access 

points, one (1) access along 50 th Street South to serve Valiente Farm (L2) and two along 130 th 

Avenue South to serve Zacara Farm (L1). Site Plans were certified for these two projects on May 9, 

2012 (Zacara Farm) and September 26, 2012 (Valiente Farm). Zacara Farm will consist of 102.8 

acres and contain 21 lots. Valiente Farm consists of 140 acres and contains 29 lots. L3 consists of 

281.62 acres and contains 64 lots. 

Zacara Farm and Valiente Farm will be the subjects of replats and will operate as single entities with 

equestrian facilities. The existing roadways within these farms will be maintained by separate 

HOA’s which will be created during the replat process. This will maintain the potential that the 

individual lots located within the farms could be sold in the future.


The lots remaining in L3, most of which are owned by Wellington Preserve Corporation, remain 

available for development as individual residential lots or possible aggregation into larger farms. 

In addition to the replatting requests, the resolution requires the Wellington Preserve Corporation to 

fund 50% of the roadway improvements on 50 th Street South from Everglades Way to 130 th Avenue 

South roundabout and Wellington Preserve Corporation is also required to pay 100% of the costs on 

external bridle trail crossing to be installed at the intersection of 50 th Street South and 130 th Avenue 

South. The contracted price for that section of 50 th Street improvements is $730,000 and the bridle 

trail crossing is estimated to be $25,000. Thus the total contributed by Wellington Preserve 

Corporation will be approximately $390,000 depending on a final accounting of the actual costs. 

The following items are attached as part of this item: 

1. Staff Report 

2. Resolution 2012-68 (Proposed) 

3. Proposed Master Plan 

4. Supplemental Information 

a. Related resolutions 

b. Related master plans 




RECOMMENDATION: The Wellington Polo Preserve Master Plan Amendment was certified at the 

September 26, 2012 Development Review Committee meeting. The Equestrian Preserve 

Committee recommended approval to the Planning, Zoning, and Adjustment Board (PZAB) at the 

October 10, 2012 meeting. PZAB recommended approval of the Master Plan Amendment at the 

November 12, 2012 meeting. 

Staff has reviewed this application and finds that it is consistent with Wellington’s Land 

Development Regulations and Comprehensive Plan. Staff recommends approval of the master plan 

amendment with the conditions set forth in Resolution R2012-068.

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RESOLUTION NO. R2012‐68 

A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, APPROVING 

THE MASTER PLAN AMENDMENT FOR PETITION 2012‐029 MPA6, ALSO 

KNOWN AS WELLINGTON POLO PRESERVE LOCATED WITHIN SECTION 

34 (PART OF ORANGE POINT PUD), NOT INCLUDING THE SOUTHWEST 

51.70 ACRES KNOWN AS IROQUOIS FARM, AS DESCRIBED MORE 

PARTICULARY HEREIN; PROVIDING FOR VACATING RESOLUTION 

R2008‐116 WHICH AMENDED THE MASTER PLAN OF THE ORANGE 

POINT PUD TO ALLOW A RECREATIONAL AMENITY OF 

APPROXIMATELY 66 ACRES WITHIN WELLINGTON PRESERVE, TO BE 

KNOWN AS THE WELLINGTON TRAINING CENTER; PROVIDING FOR 

AMENDING THE MASTER PLAN TO SEPARATE POD L INTO THREE (3) 

AREAS, WITH A TOTAL OF ONE HUNDRED AND FOURTEEN (114) 

RESIDENTAL UNITS, AND PROVIDE FOR TWO (2) ADDITIONAL ACCESS 

POINTS ALONG 130 TH AVENUE SOUTH AND ONE (1) ADDITIONAL 

ACCESS POINT ALONG 50 TH STREET SOUTH; PROVIDING FOR 

SEVERABILITY; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; 

PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 

WHEREAS, the Village Council, as the governing body of the Village of Wellington, Florida, 

pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the Village of 

Wellington Land Development Regulations are authorized and empowered to consider petitions related 

to zoning and development orders; and 

WHEREAS, the notice of hearing requirements as provided in Article V of the Land Development 

Regulations as adopted by the Village of Wellington have been satisfied; and 

WHEREAS, the Master Plan Amendment was reviewed and certified by the Development Review 

Committee (DRC) on September 26, 2012; and 

WHEREAS, the Master Plan Amendment was reviewed and approved by the Equestrian Preserve 

Committee (EPC) on October 10, 2012; and 

WHEREAS, the Master Plan Amendment was reviewed and approved by the Planning, Zoning, and 

Adjustment Board on November 12, 2012; and 

WHEREAS, Resolution 2012‐68 will provide for a new development order; and 

WHEREAS, the Village Council has made the following findings of fact: 

1. The Master Plan Amendment is consistent with the Comprehensive Plan; 

2. The subject request is consistent with the stated purposes and intent of the Land 

Development Regulations; 

3. The requested Master Plan Amendment is consistent with the surrounding land uses 

and zoning districts;

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4. No adverse impacts to the natural environment are expected to occur as a result of the 

approval of the request; 

5. The requested Master Plan Amendment would result in a logical and orderly 

development pattern; 

6. The requested Master Plan Amendment is consistent with the applicable Equestrian 

Overlay Zoning District regulations; 

7. The requested Master Plan Amendment complies with Article 11, Adequate Public 

Facilities; 

8. The requested application complies with Article 5, Chapter 1, Section 5.1.8 A‐C. 

NOW, THEREFORE, BE IT RESOLVED BY WELLINGTON, FLORIDA’S COUNCIL, THAT: 

SECTION 1. The above recitals are true and correct and incorporated herein as if fully set forth. 

SECTION 2. The Master Plan Amendment of Wellington Polo Preserve [as indicated in Location 

Map (Exhibit A) and Legal Description (Exhibit B)] is hereby APPROVED as illustrated in the Master 

Plan (Exhibit C), subject to the Conditions of Approval contained herein which are in addition to 

the general requirements otherwise provided by this resolution. 

SECTION 3. CONDITIONS OF APPROVAL 

1. Resolution R2008‐116 is vacated by adoption of Resolution R2012‐68. (LEGAL) 

2. The owners of Parcel L1 and Parcel L2 shall re‐plat their respective parcels to reflect the 

modifications to the prior plat of Wellington Preserve per their approved Site Plans. The 

owners shall complete the re‐plat of their respective parcels within one (1) year after 

the adoption of Resolution 2012‐68 by the Village Council and prior to the issuance of 

any final Certificate of Occupancy, subject to extensions of time as provided in 

Wellington’s Land Development Regulations. This condition shall apply independently 

to each parcel. (ENGINEERING) 

3. The owner of Parcel L1 shall amend the previously approved Site Plan for Zacara Farm to 

illustrate the two additional access points along 130 th Avenue South approved by the 

Master Plan Amendment. This condition shall only apply to Parcel L1 and shall be 

completed within one (1) year after adoption of Resolution 2012‐68 by the Village 

Council, subject to extensions of time for good cause as determined by the Village 

Planning and Development Services Director. (PLANNING AND DEVELOPMENT 

SERVICES) 

4. Wellington Preserve Corporation (Applicant) is required to pay fifty percent (50%) of the 

actual cost of the road improvements as currently contracted along 50 th Street South 

(from Everglades Way to the 130 th Avenue South Roundabout). The Village’s 

contracted cost for the roadway improvements is $730,000.00 with an anticipated final 

completion date of March 4, 2013. Wellington Preserve Corporation shall pay 

$365,000.00 to the Village of Wellington within thirty (30) days of the approval of this

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Resolution. Within thirty (30) days of the completion of the work on the roadway 

improvements, the Village Engineer shall send a final accounting to Wellington Preserve 

Corporation with regard to the cost of the work. If the actual cost for the work was less 

than $730,000.00 the accounting shall be accompanied by reimbursement of monies 

overpaid by Wellington Preserve Corporation for their proportionate share of the cost of 

the work. In the event the actual cost for the work exceeds $730,000.00, the accounting 

shall include an invoice to Wellington Preserve Corporation for 50% of the excess cost, 

which shall be due and payable within thirty (30) days of the date of the invoice. No 

building permits shall be issued for lots within parcel L3 while any outstanding balance is 

due beyond the time for its payment in regards to this condition. This condition shall be 

binding on and successors in title or interest due Wellington Preserve Corporation. 

(ENGINEERING) 

5. The new external access drives, two (2) along 130 th Avenue South and one (1) along 50 th 

Street South, are permitted to facilitate access to equestrian facilities and associated 

equestrian residential uses only within Parcels L1 and L2. All lots utilizing the access 

point(s) shall remain under a single ownership or control or other restrictions 

acceptable to the Village of Wellington to assure the access point is used only in 

connection with equestrian purposes and any related residential uses strictly support 

the equestrian use; provided, however, that the owner of Parcel L1 or Parcel L2 may 

transfer ownership of a subdivided lot within the respective parcel and the successor 

owner may continue to utilize the access point for equestrian purposes only. The access 

drives shall not be used to serve the overall Wellington Polo Preserve development or 

individual lots under separate ownership within Parcels L1 or L2 which are not used in 

connection with equestrian purposes. In the event that the access drive(s) are no longer 

used in connection with the equestrian facilities, the access drives shall be removed at 

the sole expense of the owner, as directed by the Village Engineer. This condition shall 

apply independently to each Parcel. (ENGINEERING/PLANNING AND DEVELOPMENT 

SERVICES) 

6. Prior to final closure of Land Development Permits for the construction of the two (2) 

culvert crossings and access points for Parcel L1 along the east side of 130 th Avenue 

South (as illustrated on the DRC certified Master Plan dated September 26, 2012), the 

owner of Parcel L1 shall be required to remove the one (1) existing culvert crossing and 

access point within the C‐6 Canal and restore the affected portion of the canal to the 

proposed cross section, as provided by the Village Engineer. This condition shall not 

affect Parcel L2 or Parcel L3. (ENGINEERING) 

7. All conditions of the Orange Point PUD which are particular to the Wellington Preserve 

Plat (Section 34) and which are not amended by this request shall remain in full force 

and effect. (PLANNING AND DEVELOPMENT SERVICES) 

8. Wellington Preserve Corporation, Applicant or successor is required to pay the actual 

cost for the Village of Wellington to design and construct, in a manner approved by the 

Village Engineer, an enhanced bridle trail crossing with striping, warning signage and on 

demand signal flashers to be installed at the intersection of 50 th Street South and 130 th

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Avenue South. The estimated cost for such improvements is $25,000.00 which shall be 

payable to the Village of Wellington within thirty (30) days of the approval of this 

Resolution. Within thirty (30) days of the completion of the work for these 

improvements, the Village Engineer shall send a final accounting to Wellington Preserve 

Corporation. If the actual cost of the work was less than $25,000.00, the accounting 

shall be accompanied by a reimbursement of monies overpaid by Wellington Preserve 

Corporation for the cost of the work. In the event the actual costs for the work exceed 

$25,000, the accounting shall include an invoice to Wellington Preserve Corporation for 

50% of the excess costs, which shall be due and payable within thirty (30) days of the 

date of the invoice. No building permits will be issued for lots within Parcel L3 while any 

outstanding balance is due beyond its due date in regards to work related to this 

condition. This condition shall be binding on a successor in title or interests to 

Wellington Preserve Corporation. (ENGINEERING) 

9. Condition of Approval numbers 4 and 8 above shall be an obligation of Wellington 

Preserve Corporation (or its successor in interest and title to any lots within Parcel L3) 

only and shall not affect any other property owners. Any current record title holders of 

lots within Parcel L3 or any property owners in Parcel L1 or L2 shall not be in any way 

responsible for conditions of approval number 4 and 8. 


PASSED AND ADOPTED this ______ day of ___________________, 20___. 

ATTEST: VILLAGE OF WELLINGTON, FLORIDA 

BY: _____________________________ BY: ________________________________ 

Awilda Rodriguez, Village Clerk Bob Margolis, Mayor 



BY: ______________________________ 

Jeffery S. Kurtz, Village Attorney 

Exhibit A 

Location Map

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Existing Access Point 

Proposed Additional Access Points 

Exhibit B 

Legal Description

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ALL OF THE WELLINGTON PRESERVE PLAT ACCORDING TO THE PLAT OF SAID 

SUBDIVISION RECORDED IN PLAT BOOK 100, PAGES 180-186, OF THE PUBLIC 

RECORDS OF PALM BEACH COUNTY FLORIDA EXCLUDING THAT PORTION 

REPLATED THROUGH THE IROQUOIS FARM PLAT ACCORDING TO THE PLAT OF 

SAID SUBDIVISION RECORDED IN PLAT BOOK 107, PAGES 199-200, OF THE PUBLIC 

RECORDS OF PALM BEACH COUNTY FLORIDA.


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I. PetitionDescription 

Project Name: Wellington Polo Preserve 

Petition No: 2012-029 MPA6 

HTE12-056 

Owner: Wellington Preserve Corp c/o Fowler White Burnett 

1395 Brickell Avenue, 14 th floor 

Miami, Florida 33131 

J-5 Wellington Preserve LLC 

707 17 th Street, Suite 4175 

Denver, CO. 80202 

Zacara Farm LLC 

1187 Coast Village Road, Suite 457 

Santa Barbara, CA. 93108 

Tanen Homes LLC 

5721 Royal Palm Beach Blvd. 

Royal Palm Beach, Fl. 33411 

Harry Tanen 

13695 Callington Drive 

Wellington, Fl. 33414 

Nathan and Barbara Tanen 

5721 Royal Palm Beach Blvd. 

Royal Palm Beach, Fl. 33411 

Agent: Jon Schmidt and Associates 

2247 Palm Beach Lakes Blvd. Suite 101 

West Palm Beach, Florida 33409 

STAFF REPORT 


PLANNING & ZONING 


Request: Approval of Resolution 2012-68 approving the Master Plan Amendment 

for Petition 2012-029 MPA6, also known as Wellington Polo Preserve, 

located within Section 34 (part of Orange Point PUD), not including the 

southwest 51.70 acres known as Iroquois Farm, to separate Pod L of 

Orange Point PUD into three (3) areas, with a total of one hundred and 

fourteen (114) residential lots, and provide for two (2) additional access 

points along 130 th Avenue South and one (1) additional access point along 

50 th Street South. 

Location: Southeast corner of 50 th Street South and 130 th Avenue South (Exhibit A), 

not including 51.70 acres known as Iroquois Farm.

Land Area: 576.13 Acres (Legal Description Exhibit B) 

II. LandUseandZoning 

Subject Site 

Existing Land Use Future Land Use Zoning 

Mostly vacant with two 

residences developed 

North Single Family Residential 

with Equestrian Facilities 

South 


Strazzula/SFWMD 

East Homeland Residential 

Community 

West Single Family Residential 

with Equestrian Facilities 

III. Background 

Residential A 

(1 dwelling unit/10 acres) 

Residential A 


Palm Beach County (PBC) 

Agricultural (AGR) 

PBC Rural Residential 5 


Residential A 


Agriculture Residential 

(AR)/Planned Unit 

Development (PUD)/ 

Equestrian Overlay Zoning 

District (EOZD) Subarea C 

AR/EOZD Subarea C 

PBC Preservation/ 

Conservation 

PBC AR 

AR/EOZD Subarea C 

Wellington Polo Preserve is located within POD L of the overall Orange Point PUD. This 

property was previously known as Section 34, Wellington Preserve, Wellington International 

Equestrian Show grounds/Arena and Wellington Training Club. The overall Orange Point PUD 

was originally approved by Palm Beach County in the early 1980’s and includes the following 

land area: a portion of Section 23 (Grand Isles), all of Section 26 (The Isles) and all of Section 34 

(Wellington Preserve). Since its original approval, portions of the PUD have been amended 

numerous times. 

In 2003, the Village Council approved the Wellington Preserve Plat (PB 100/PGS 180-186), 

consisting of 124 single family residential lots, ranging from 2-5 acres in size. In 2005, the 

Wellington Preserve Master Plan was amended by Resolution No. R2005-119 to allow an 

additional access to 130 th Street South for the proposed 51.70 acre Iroquois Farm, which 

combined several platted lots into a single family residential and equestrian facility located in the 

southwest corner of Wellington Preserve. On September 27, 2005, Wellington’s Development 

Review Committee (DRC) approved the site plan for Iroquois Farm Equestrian Facility. 

Wellington Council approved the final plat on May 9, 2006 and on June 20, 2006; the Iroquois 

Farm Plat (PB 107/PGS 199-200) was recorded in the Public Records of Palm Beach County. 

On September 18, 2007, the Village Council approved Resolution R2007-98 for the Orange 

Point PUD Development Order Amendment to allow a Commercial Equestrian Arena as a 

Conditional Use for 179 acres located on the south side of 50th Street South between 120th 

Avenue South and 130th Avenue South. A companion Resolution (R2007-99) was also adopted 

approving the Master Plan for the property allowing for a Commercial Equestrian Arena with 

conditions of approval. Resolution R2007-125 was adopted on October 9, 2007, providing a new 

condition to Resolution R1999-85 (Orange Point PUD Development Order Amendment) to pave 

2


50th Street South from the project’s entrance west to South Shore Boulevard and constructing a 

paved, restricted roundabout/traffic circle at the intersection of 50 th Street South and 120th 

Avenue South to the east. 

Resolution R2008-116 was adopted by Council amending the Development Orders and Master 

Plans of the Orange Point PUD on December 9, 2008, vacating Resolutions R2007-98 and 

R2007-99. The Resolutions permitted a second entrance from 50th Street South, a 66 acres 

recreational amenity, and reconfiguring and enlarging lots within the Wellington Preserve. This 

Development Order and Master Plan has not been platted to date. The deadline was extended by 

two years through Resolution No. R2011-15. This amendment request will vacate Resolution 

No. R2008-116. 

On April 24, 2012, the Village Council approved Resolution R2012-25 vacating all internal 

ingress/egress access easement rights over and across the roadway portion of Wellington 

Preserve Boulevard within Parcel L1, now known as Zacara Farm and on May 9, 2012, the 

Wellington DRC certified the Zacara Farm Site Plan. On September 26, 2012, the Wellington 

DRC certified the Valiente Farm (Parcel L2) Site Plan and the overall Wellington Polo Preserve 

Master Plan Amendment (Exhibit C) to proceed to public hearing. 

IV. AdvisoryBoardComments 

Wellington Polo Preserve was certified at the September 26, 2012 Development Review 

Committee meeting. 

Wellington Polo Preserve Master Plan Amendment was heard at the October 10, 2012 Equestrian 

Preserve Committee Meeting and recommended for approval with a 4-0 vote. 

Wellington Polo Preserve was approved was heard at the November 12, 2012 Planning Zoning 

and Adjustment Board Meeting and approved with a 6-0 vote. 

V. StaffAnalysis 

Staff reviewed the proposed Master Plan Amendments for consistency with Wellington’s Land 

Development Regulations and Comprehensive Plan. 

Consistency with the Land Development Regulations: 

The proposed amendments to Wellington Polo Preserve Master Plan are consistent with the Land 

Development Regulations, Equestrian Overlay Zoning District, and the Orange Point PUD. 

All zoning applications that are within the Equestrian Preserve Area are subject to review by the 

Planning Zoning and Adjustment Board (PZAB) shall be reviewed by the Equestrian Preserve 

Committee prior to review by the PZAB. 

A Master Plan Amendment to add access point and to identify the site into three (3) areas is 

required to be approved by the Village Council through a public hearing. This petition is 

scheduled heard by Council in December of 2012. 

3


The identification of three (3) areas, lots sizes and number of lots are vested are in compliance 

with the original approval. Any subsequent re-plat or unification of these platted lots will be 

subject to the Land Development Regulations in effect at the time of approval. 

Consistency with Comprehensive Plan: 

The proposed amendments to the Wellington Polo Preserve Master Plan are consistent with Goal 

1.0 of the Equestrian Preservation Element of Wellington’s Comprehensive Plan: 

“The goal of this element is to ensure the preservation and protection of the 

neighborhoods which comprise this area, the equestrian industry and rural lifestyles 

which exist in the Equestrian Preserve.” 

The proposed amendments incorporate aggregated lots into equestrian facilities with accessory 

residential uses on the subject property and will be consistent with Goal 1.0 noted above. 

Compatibility with Surrounding Land Uses: 

The proposed amendments of the Master Plan incorporate internal aggregated lots into polo 

facilities with residential uses and accessory equestrian structures on the subject properties along 

with minor site reconfigurations. The existing and proposed equestrian/residential uses within all 

these parcels is consistent with the residential and equestrian nature of the Wellington Polo 

Preserve and does not have any compatibility impact to surrounding uses. These proposed 

modifications and improvements are compatible with the surrounding land uses as the section 34 

portion of the overall Orange Point PUD is within the EOZD which provides for the potential 

combination of residential and equestrian facilities. 

Environmental Resources: 

No adverse impacts to the natural environment are expected to occur as a result of the 

amendments being requested. The site was previously cleared for agricultural operations and will 

need to comply with current SFWMD, Wellington’s Land Development Regulations and BMP 

regulations. All future owners will need to obtain and update all necessary permits or 

modifications for proposed improvements. 

Adequacy of Public Services: 

The proposed modifications to the Master Plan do not affect the adequacy of Public Services. 

The Traffic Impact Analysis prepared by Simmons and White dated June 15, 2012 and modified 

on September 27, 2012 was reviewed and approved by Wellington’s Traffic Consultant, Pinder 

Troutman Consulting, Inc., confirming there is sufficient capacity on the public roadway 

network (see Exhibit D – Traffic compliance letter from consultant). 

Water and sewer capacities are available and service, according to the Village Engineering 

Department, will be provided subject to conditions of a Utility Service Agreement. 

The Drainage Statement prepared by Higgins Engineering, Inc. dated June 21, 2012 confirms 

sufficient capacity in the drainage system. This has also been reviewed and approved by the 

Village Engineering Department. 

4


Project History: 

(Exhibit E for all related Resolutions and Exhibit F for related PUD Master Plans and Plats for 

Section 34) 

VI. PublicNotificationandComments 

Mailings: November 26, 2012 

Newspaper Advertisement: November 26, 2012 (published) 

Posted Signs: November 26, 2012 

Hearings: PZAB – November 12, 2012 

Staff has not received any phone calls or inquires as of November 28, 2012 regarding the 

mailing, newspaper advertisement or posted signs for this petition. 

VII. StaffRecommendation 

Staff recommends approval of the proposed Wellington Polo Preserve Master Plan Amendment 

to delineate the area into three (3) parcels consisting of a total of one hundred and fourteen (114) 

residential lots, and to provide two (2) additional access points along 130 th Avenue South and 

one (1) additional access point along 50 th Street South. Resolution 2012-68 (draft) also provides 

the list of Conditions of Approval: 

CONDITIONS OF APPROVAL 

1. Resolution R2008-116 is vacated by adoption of Resolution R2012-68. (LEGAL) 

2. The owners of Parcel L1 and Parcel L2 shall re-plat their respective parcels to reflect the 

modifications to the prior plat of Wellington Preserve per their approved Site Plans. The 

owners shall complete the re-plat of their respective parcels within one (1) year after the 

adoption of Resolution 2012-68 by the Village Council and prior to the issuance of any 

final Certificate of Occupancy, subject to extensions of time as provided in Wellington’s 

Land Development Regulations. This condition shall apply independently to each parcel. 

(ENGINEERING) 

3. The owner of Parcel L1 shall amend the previously approved Site Plan for Zacara Farm 

to illustrate the two additional access points along 130 th Avenue South approved by the 

Master Plan Amendment. This condition shall only apply to Parcel L1 and shall be 

completed within one (1) year after adoption of Resolution 2012-68 by the Village 

Council, subject to extensions of time for good cause as determined by the Village 

Planning and Development Services Director. (PLANNING AND DEVELOPMENT 

SERVICES) 

5


4. Wellington Preserve Corporation (Applicant) is required to pay fifty percent (50%) of the 

actual cost of the road improvements as currently contracted along 50 th Street South 

(from Everglades Way to the 130 th Avenue South Roundabout) as provided by the 

Village Engineer. The Applicant or successor shall reimburse the Village of Wellington 

within thirty (30) days after receipt of an invoice(s) from the Village Engineer for these 

actual costs. (ENGINEERING) 

5. The new external access drives, two (2) along 130 th Avenue South and one (1) along 50 th 

Street South, are permitted to facilitate access to equestrian facilities and associated 

equestrian residential uses only within Parcels L1 and L2. All lots utilizing the access 

point(s) shall remain under a single ownership or control or other restrictions acceptable 

to the Village of Wellington to assure the access point is used only in connection with 

equestrian purposes and any related residential uses strictly support the equestrian use; 

provided, however, that the owner of Parcel L1 or Parcel L2 may transfer ownership of a 

subdivided lot within the respective parcel and the successor owner may continue to 

utilize the access point for equestrian purposes only. The access drives shall not be used 

to serve the overall Wellington Polo Preserve development or individual lots under 

separate ownership within Parcels L1 or L2 which are not used in connection with 

equestrian purposes. In the event that the access drive(s) are no longer used in 

connection with the equestrian facilities, the access drives shall be removed at the sole 

expense of the owner, as directed by the Village Engineer. This condition shall apply 

independently to each Parcel. (ENGINEERING/PLANNING AND DEVELOPMENT 

SERVICES) 

6. Prior to final closure of Land Development Permits for the construction of the two (2) 

culvert crossings and access points for Parcel L1 along the east side of 130 th Avenue 

South (as illustrated on the DRC certified Master Plan dated September 26, 2012), the 

owner of Parcel L1 shall be required to remove the one (1) existing culvert crossing and 

access point within the C-6 Canal and restore the affected portion of the canal to the 

proposed cross section, as provided by the Village Engineer. This condition shall not 

affect Parcel L2 or Parcel L3. (ENGINEERING) 

7. All conditions of the Orange Point PUD which are particular to the Wellington Preserve 

Plat (Section 34) and which are not amended by this request shall remain in full force and 

effect. (PLANNING AND DEVELOPMENT SERVICES) 

8. Applicant or successor is required to pay the actual cost for the Village of Wellington to 

design and construct, in a manner approved by the Village Engineer, an enhanced bridle 

trail crossing with striping, warning signage and on demand signal flashers to be installed 

at the intersection of 50 th Street South and 130 th Avenue South. The Applicant or 

successor shall reimburse the Village of Wellington within Thirty (30) days after receipt 

of an invoice(s) from the Village Engineer for these actual costs. (ENGINEERING) 

9. Condition of Approval numbers 4 and 8 above shall be an obligation of Wellington 

Preserve Corporation only and shall not affect any other property owners. 

6


Exhibit A 

Location Map 

Existing Access Point 

Proposed Additional Access Points 

7


Exhibit B 

Legal Description 

ALL OF THE WELLINGTON PRESERVE PLAT ACCORDING TO THE PLAT OF SAID 

SUBDIVISION RECORDED IN PLAT BOOK 100, PAGES 180-186, OF THE PUBLIC RECORDS 

OF PALM BEACH COUNTY FLORIDA EXCLUDING THAT PORTION REPLATED THROUGH 

THE IROQUOIS FARM PLAT ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED 

IN PLAT BOOK 107, PAGES 199-200, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY 

FLORIDA. 

8

Exhibit C 

Master Plan 


9


Exhibit D 

Traffic Compliance: Pinder Troutman Consulting, Inc. 

10


ExhibitE 

 

RelatedResolutions 

1. R80501 8. R9985 

2. R80588 9. R200798 

3. R841834 10. R200799 

4. R89954 11. R2007125 

5. R92362 12. R2008116 

6. R92937 13. R201115 

7. R95527


RESOLUTION NO. R- 

RESOLUTION APPROVING ZONING PETITION 

WHEREAS, the Board of County Commissioners, as the governing 

body, pursuant to the authority vested in Chapter 163 and Chapter 125, 

Florida Statutes, is authorized and empowered to consider petitions 

relating to zoning; and 

WHEREAS, the notice and hearing requirements as provided 

for in Chapter 402.5 of the Palm Beach County Zoning Code Ordinance 

No. 73-2 have been satisfied; and 

WHEREAS, Petition No. 79-283 was presented to the Board 

of County Commissioners of Palm Beach County at its public hearing 

conducted on 27 March 1980; and 

WHEREAS, the Board of County Commissioners has considered 

the evidence and testimony presented by the applicant and other 

interested parties and the recommendations of the various county review 

agencies and the recommendations of the Planning Commission; and 

findings of fact: 

WHEREAS, the Board of County Commissioners made the following 

1. The proposal would be in harmony and compatible 

with the present and future development of the 

area concerned 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 

COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, assembled in regular 

session this 27th day of March, , that Petition 

No. 79-283 the petition of ORANGE POINT CORPORATION, by Charles 

J. Simmons of Gee Jenson Engineers-Architects, Inc., Agent, for the 

FURTHER SPECIAL EXCEPTION TO ALLOW A PLANNED UNIT DEVELOPMENT on that 

part of Section 23, Township 44 South, Range 41 East, described as follows:


Commencing at the Northwest corner of said Section 23; thence South 

East, a distance of 2605.43 feet, to the POINT OF BEGINNING; 

thence continue South East, a distance of 2824.25 feet, to 

a point 228.05 feet East of the Southwest corner of said Section, and 

4.85 feet North of the South Section line; thence South East 

a distance of 5272.86 feet, to a point on the East line of said Section, 

11.45 feet North of the Southeast corner thereof; thence North 

West along the East line of said Section, a distance of 2712.56 feet, 

to the East corner thereof; thence North East continuing 

along said East line a distance of 88.08 feet; thence North 

West, a distance of 5265.75 feet to the POINT OF BEGINNING. Said property 

located approximately one mile west of S.R. 7 (U.S. and approximately 

1.5 mile south of West Forest Hill Boulevard in an AG-Agricultural District, 

was approved as advertised subject to the following conditions: 

1. Petitioner shall convey to Palm Beach County one hundred 

twenty feet for the ultimate right-of-way for 

Lake Worth Road. 

2. Petitioner shall construct Lake Worth Road from S.R. 7 

west to project's westernmost access drive. 

3. Petitioner shall construct: 

a. right turn lane, north approach, on S.R. 7 at 

Lake Worth Road 

b. left turn lane, south approach, on S.R. 7 at 

Lake Worth Road 

c. left turn lane, west approach, on Lake 

at S.R. 7 

d. right turn lane, east approach, on Lake Worth 

Road at project's access drive 

e. project's access drive to have one lane entering 

and two lanes exiting. 

4. Petititioner shall signalize the intersection of 

Lake Worth Road and S.R. 7 when warranted, as determined 

by the County Engineer. 

5. Petitioner shall contribute the pro rata share for the 

cost of constructing a four-lane bridge at the intersection 

of Lake Worth Road and S.R. 7.


6. Petitioner shall contribute Sixty-eight Thousand 

five Dollars toward the cost of meeting 

this project's direct and identifiable traffic impact, 

to be paid at the time of issuance of a building 

permit(s). The fee schedule for this project has been 

calculated in accordance with Ordinance 79-7 as follows: 

Single Family 

Villas 

Recreation and Clubhouse 625.00 total 

General Commercial 

However, regardless of the present or future status of 

this Ordinance, this development shall be required to 

provide the above Sixty-eight Thousand Seventy-five 

Dollars toward alleviating some of its direct and 

identifiable traffic impact. 

7. Petitioner shall enter into a formal contract with 

the School Board of Palm Beach County to contribute 

four-tenths of one percent of the selling 

price of each residential dwelling unit in this 

planned unit development on a one time initial sales 

basis. However, if an ordinance dealing with this 

subject matter is adopted, this condition will be 

superseded by that ordinance; except that regardless 

of the form or status of any ordinance, this development 

shall be required to provide as a minimum the above 

of 1% of the initial sales price toward 

alleviating some of the development's school impact. 

8. Petitioner must dedicate the civic site to Palm Beach 

County, without cost, at the time of the filing of the 

first plat. 

Commissioner Foster moved for approval of the petition. 

The motion was seconded by Commissioner and upon being 

put to a vote, the vote was as follows: 

Dennis Koehler, Chairman 

Frank Foster, Vice Chairman 

Bill Bailey, Member 

Norman R. Gregory, Member No 

Evatt, Member Absent


The foregoing resolution was declared duly passed and adopted 

this 15th day of April, confirming action of 

27 March 1980. 

APPROVE AS TO FORM 


PALM BEACH COUNTY, FLORIDA 

BY ITS BOARD OF COUNTY 

COMMISSIONERS 

JOHN B. DUNKLE, Clerk 

,








RESOLUTION NO. R-1834 

RESOLUTION APPROVING ZONING PETITION 84-98, Special Exception 


pursuant to the authority vested in Chapter 163 and Chapter 

125, Florida Statutes, is authorized and empowered to consider 

petitions relating to zoning; and 

WHEREAS, the notice and hearing requirements as provided for 

in Chapter 402.5 of the Palm Beach County Zoning Code Ordinance No. 

have been satisfied; and 

WHEREAS, Petition No. 84-98 was presented to the Board of 

County Commissioners of Palm Beach County at its public hearing 

conducted on 26th July 1984; and 

WHEREAS, the Board of County Commissioners has considered the 

evidence and testimony presented by the applicant and other interested 

parties and the recommendations of the various county review agencies 

and the recommendations of the Planning Commission; and 



1. The proposed is consistent with the requirements of 

the Comprehensive Plan and Zoning Code. 


COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, assembled in regular 

session this 26th day of July, 1984, that Petition No. 84-98 the 

petition of HUGH JANOW, AS TRUSTEE By F. Martin Perry, Agent, for a 

SPECIAL EXCEPTION TO COMBINE, EXPAND AND AMEND THE MASTER PLANS FOR 

ORANGE POINT ESTATES PLANNED UNIT DEVELOPMENT PREVIOUSLY APPROVED 

UNDER ZONING PETITION NO. 79-283, AND ORANGE POINT PLANNED UNIT 

DEVELOPMENT PREVIOUSLY APPROVED UNDER ZONING PETITION NO. 79-284 on 

the Northwest corner of Section 23, Township 44 South, Range 41 East; 

(state plane grid bearing datum) along the Easterly line of the Acme 

Drainage District's Canal right-of-way as recorded in Official Record 

Book 1548, Page 388, 2605.43 feet to the Point of Beginning; thence 

South 00 degrees East along said line 2826.26 feet to a point 

228.05 feet East of the Southwest corner of Section 23, and 4.85 feet 

North of the South line of Section 23; thence South 88 degrees


East, 5273.93 feet to a point on the East line of Section 23, and 

11.45 feet North of the Southeast corner of Section 23; thence North 

00 degrees 33’33” West along the East line of said Section, 2712.62 

feet to the East corner of Section 23; thence North 02 degrees 

15’ 48” East along said East line, 88.08 feet; thence North 88 degrees 

14’59” West, 5266.96 feet to the Point of Beginning, together with a 

in Section 26, Township 44 South, Range 41 East, being more 

particularly described as follows: 

Beginning at the Southwest corner of Section 26; thence South 88 

degrees 28’00” East (state plane grid bearing datum) along the South 

line of said Section, 5408.17 feet to a point on a line that is 37.5 

feet West of and parallel with the East line of Section 26; thence 

North 02 degrees 39’49” East along said parallel line, 5404.29 feet 

to a point on the South line of a parcel as described in Official 

Record Book 3203, Page 1846, as parcel III; thence North 88 degrees 

31’54” West along said South line, 1534.25 feet to the East line of 

the parcel described in Official Record Book 1125, Page 134; thence 

South 02 degrees West along said East line, 1334.72 feet to 

the South line of said parcel; thence North 88 degrees West 

along the South line of said parcel, 3739.22 feet to the West line of 

the Acme Drainage District’s Canal right-of-way as monumented and 

described in Official Record Book 1921, Page 1331; thence South 04 

degrees West along said East line, 4068.48 feet to the Point 

of Beginning, together with all of Section 34, Township 44 South, 

Range 41 East; Subject to the Acme Drainage District’s Canal 

reservations orded in Deed Book 1037, Pages 686-692. Said property 

located approximately 1 mile west of S.R. 7 (U.S.441) and 

approximately 1.7 miles south of West Forest Hill Boulevard was 

approved as advertised subject to the following conditions: 

1. This development shall retain the first one inch of the 

stormwater runoff per Palm Beach County Subdivision and Platting 

Ordinance 73-4, as amended. 

2. Petitioner shall convey for the ultimate right-of-way of: 

Lake Worth Road, 120 foot on an alignment approved by 

the County Engineer. 

South Road, 80 foot at right-of-way. 

All rights of way shall be conveyed within 90 days of


approval and conveyances must be accepted by Palm Beach 

County prior to issuance of the first building permit. 

3. Developer shall construct: 

South Road from existing limits of paving west to the 

project’s westernmost access drive in Section 34 

concurrent with the construction of the projects 

entrance roads onto Road or upon notification by 

the County Engineer to provide paved continuity for South 

Road. 

Lake worth Road from S.R. 7 west to the project’s west 

property line. This petitioner shall be responsible for 

any acquisition of Right-of-Way necessary for the 

construction of Lake Worth Road. The alignment of this 

right-of-way shall be approved by the County Engineer. 

Lake Worth Road shall be constructed concurrent with the 

filing of the first plat adjacent to Lake worth Road or 

upon notification by the County Engineer to provide paved 

continuity for Lake Worth Road. This development shall 

be limited however to 154 building permits until such 

time that both Lake Worth Road and South Road is 

constructed from S.R. 7 to the project. 

4. A. The developer shall provide the construction plans for an 

additional bridge over the LWDD E-l Canal per the County 

Engineer’s approval. The plan section shall include sidewalks. In 

addition, construction plans shall be submitted for the following 

turn lanes at the intersection of Lake Worth Road and S.R. 7. 

dual left turn lanes, north approach 

dual left turn lanes, south approach 

dual left turn lanes, east approach 

dual left turn lanes, west approach 

e. right turn lanes, north approach 

f . right turn lane, south approach 

right turn lane, east approach 

h. right turn lanes, west approach 

These plans shall be completed within twelve months of 

Special Exception approval or prior to the issuance of the 

Building Permit, whichever shall first occur. 

B. The Developer shall construct an additional 

bridge over the LWDD Canal on Lake Worth per the 

County Engineer’s approval. This construction shall also 

include turn lanes at the intersection of Lake Worth Road 

7 as required in condition in the previous 

paragraph, as below. This construction shall be for 

a 400 foot full section, plus the appropriate transitions to 

the existing two lanes. 

dual left turn lanes, north approach 

dual left turn lanes, south approach 

c . dual left turn lanes, east approach 

d. dual left turn lanes, west approach 

e. right turn lane, north approach 

f . right turn lane, south approach 


h. right turn lane, west approach 

i. Signalization when required as determined by the County 

Engineer. 

This developer shall also be responsible for any and all 

right-of-way acquisition costs incurred with the 

construction of these turn lanes and bridge construction as 

above. is the intent that the 

shall be acquired as shown on the Thoroughfare Right-of-way 

Protection Map “Special Intersections”. Palm Beach County


will acquire this right-of-way at the developer's expense. This 

construction shall be completed within 24 months of Special 

Exception approval or prior to the issuance of 200 building 

permits, whichever shall occur first. This Petitioner shall also 

be required to post surety in the form of a clean irrevocable 

Letter of Credit within six months of Special Exception approval 

or prior to the issuance of a building permit. The amount of 

this letter of credit shall be based upon a certified Cost 

Estimate by the developer's engineer for the required plans and 

construction for the improvements of Lake Worth Road and S.R. 7. 

5. Developer shall construct on S.R. 7 at South Road concurrent with 

the construction of South Road: 

right turn lane, north approach 

left turn lane, south approach 

right turn lane, west approach 

6. Developer shall construct signalization at the intersection of: 

Lake Worth Road and S.R. 7 

South Road and S.R. 7 

All signalization to be constructed when warranted, as determined 

by the County Engineer. 

7. Developer shall construct a four-lane bridge over the E-l Canal 

on Lake Worth Road, per the County Engineer's approval, concurrent with 

the improvements for the first plat however in no event later than 12 

months of approval. This construction shall also include a left turn 

lane, and a right turn lane, east approach on Lake Worth Road at S.R. 7. 

8. Developer shall construct on South Road at each of the project's 

proposed access drives concurrent with the construction of South Road: 


left turn lane, west approach 

9. Access to the proposed commercial parcels shall be from the 

internal collector roads only and shall not be located onto South Road, 

Lake Worth Road or along the north-south road adjacent to Section 23, 26 

and 34. 

10. The bridge and the intersection improvements as outlined in 

Condition No. 4, shall be credited toward the Fair Share Impact Fee of 

based upon a certified cost estimate by the developer's 

engineer. 

If the "Fair Share Contribution of Road Improvements Ordinance" 

is amended to increase the Fair Share Fee, the Developer shall 

contribute the increased Fair Share Fee and receive credit for the 

construction in Condition No. 4 and 10. 

11. Developer must dedicate the 28.5 acre civic site to the Palm 

Beach County, School Board without cost, at the time of the filing of 

the first plat. 

(a) The final configuration of the school site shall be of a 

that is acceptable to the School Board, and agreed 

upon by the School Board prior to the filing of the first 

plat. 

Commercial pods located in the immediate vicinity of the 

school site shall be cooperatively agreed upon by the School 

Board and the petitioner, in efforts to minimize attractive 

nuisances to students. 

Transfer of the title and warranty deed, and survey showing 

and describing the meets and bounds of the school site shall 

be delivered to the School Board prior to the filing of the 

first plat.


provide primary access to the site 

adjacent roadways. (Curb cuts, and proper left 

n I: i t i a n e s in accordance to School Board 

and County Engineering guidelines) . Secondary access 

residents within the PUD will be cooperatively 

out between the School Board and petitioner 

i to the filing of 

Utilities and sewer) shall be brought to the 

school site 1 ine. 

. Des i n 0 f the road drainage of Worth and South Road 

I. l. 0 d t t I II h t h i n t a a k s y s t e f t h i s 

b e s u b j e c t t o 

agency ts . 

a n 1 c a i n s shall be exercised during site 

insure that (dust particles) 

h do not a nuisance to neighboring properties. 

. during site development to 

this property shall enter adjacent or 

t I I y ii a w . 

, v relocate and/or preserve existing 

native vegetation wherever possible and shall incorporate 

vegetation into the design. Appropriate measures shall 

to any individual trees and/or preservation 

te clearing construction. 

v 1. 0 t a I: e e v all of Section 34 and the western 

t i n of Section as Phase 11) from active 

until other portions of the PUD have been developed. 

active agricultural production on this land shall developed. The 

t. i v a i u u a n n t h i land shall continue during 

e i d . When areas are ultimately developed, no trees 

be except those necessary for road right of way and home 

t u c t i n 0 0 . Continued grove production shall be 

encouraged even after residential development is implemented. 

, moved for approval of the petition. 

The t ion was seconded by Commissioner , and upon 

ing put to a vote, the vote was as follows: 

AS TO AND 

Chairman 

AYE 

Dorothy Vice Chairman 

Peggy Eva t t , Member 

Dennis 

Bill Member 

AYE 

-- AYE 

- - AYE 

-- ABSENT 

passed and 

day of action of 26th July 

BEACH COUNTY, FLORIDA, BY ITS 

BOARD OF COUNTY COMMISSIONERS


RESOLUTION NO. 

RESOLUTION APPROVING ZONING PETITION NO. 

SPECIAL EXCEPTION PETITION OF HUGH JANOW, TRUSTEE 


body, pursuant to the authority vested in Chapter 163 and Chapter 


petitions relating to zoning: and 


in Chapter 402.5 of the Palm Beach County Zoning Code Ordinance 

No. 73-2 have been satisfied: and 

WHEREAS, Petition No. was to the Board of 

County of Palm Beach County, sitting as the Zoning 

Authority, at its public hearing conducted on May 27, 1988; and 

WHEREAS, the Board of County Commissioners has considered 

the evidence and testimony presented by the applicant and other 

interested parties and the of the various county 

review agencies and the recommendations of the Planning 

Commission: and 

WHEREAS, this approval is subject to Zoning Code Section 

402.9 (Mandatory Review of Development Approvals) and other 

provisions requiring that development commence in a timely 

manner: and 

WHEREAS, the Board of County Commissioners made the 

following findings of fact: 

1. This proposal is consistent with the requirements of 

the Comprehensive Plan and local land development 

regulations. 


COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Petition No. 

the petition of HUGH JANOW, TRUSTEE, by F. Martin Perry, 

Agent, for a SPECIAL EXCEPTION TO AMEND THE MASTER PLAN FOR 

ORANGE POINT PLANNED UNIT DEVELOPMENT TO CHANGE THE BOUNDARIES OF 

THE DEVELOPMENT BY: DELETING 94 ACRES FROM THE PLANNED UNIT 

DEVELOPMENT IN THE NORTHEAST QUADRANT OF SECTION NO. 26: 23 

ADDING 112 ACRES TO THE PLANNED UNIT DEVELOPMENT IN THE NORTHWEST 

QUADRANT OF SECTION 26 on a parcel of land in the Southerly 

portion of Section 23, Township 44 South, Range 41 East, being 

more particularly described as follows: 

Commencing at the Northwest corner of Section 23; thence South 

00 degrees East (state plane grid bearing datum) along 

the Easterly line of the Acme Drainage Canal Right-of- 

Way as recorded in Official Record Book 1548, page 388, 2605.43 

feet to the point of beginning: thence South 00 degrees 

East along said line 2826.26 feet to a point 228.05 feet East of 

the Southwest corner of Section 23, and 4.85 feet North of the 

South line of Section 23 thence South 88 degrees East, 

5273.93 feet to a point on the East line of Section 23, and 

11.45 feet North of the Southeast corner of Section 23; thence 

Petition No. 84-98 (A) Page 1


North 00 degrees West along the East line of said 

Section, 2712.62 feet to the East 1/4 corner of Section 

thence North 02 degrees East along said East line, 88.08 

feet; thence North 88 degrees West, 5266.96 feet to the 

Point of Beginning. 

Together with a parcel in Section 26, Township 44 South, Range 41 

East, being more particularly described as follows: 

Beginning at the Southwest corner of Section 26: thence South 88 

degrees 28 East (state plane grid bearing datum) along the 

South line of said Section, 5408.17 feet to a point on a line 

that is 37.5 feet West of and parallel with the East line of 

Section 26; thence North 02 degrees East along said 

parallel line, 2740.73 feet to the South line of a parcel as 

described in O.R.B. 986, page 210; thence North 88 degrees 

West along the South line of said parcel, 1534.53 feet to 

the Southeast corner thereof: thence North 02 degrees 

East along the West line of said parcel, 2674.91 feet to a point 

on the South line of a parcel as described in Official Record 

Book 3203, page 1846, as Parcel thence North 88 

degrees West along said South line, 3694.94 feet to the 

West line of the Acme Drainage District's canal Right-of-way as 

monumented and described in 1921, page 1331, of said public 

records: thence South 04 degrees West along said East 

line, 5404.86 feet to the Point of Beginning, together with all 

of Section 34, Township 44 South, Range 41 East. 

All the above parcels subject to the Acme Drainage 

reservations as recorded in Deed Book 1037, pages 

being located on the north and south sides of the proposed 

Worth Road Extension, approximately 1.3 miles west of State 

7 in a RE-Residential Estate Zoning District, 

approved as subject to the following conditions: 

1. 

2. 

3. 

4. 

5. 

The developer shall comply with all previous conditions 

of approval unless expressly modified herein. 

All property included in the legal description of this 

petition shall be subject to a Declaration of 

Restrictions and Covenants acceptable to the County 

Attorney's Office which shall provide, among other 

things, for: Formation of a single property 

owner's association, and automatic membership in the 

association by any party holding title to any 

portion of the property included in the PUD. 

The equestrian trials shall not be permitted to 

encroach the required twenty-five (25) foot buffer. 

The proposed ten (10) acre equestrian pod located in 

the southwest corner of Section 26 shall be designated 

as an equestrian facility and shall be limited to a 

maximum of two (2) acres of equestrian related 

commercial use. 

Prior to master plan certification the master plan 

shall be amended to indicate: 



b. Minimum native tree planting requirement; and 

c. How the minimum native tree planting 

will be satisfied and incorporated the 

project design. 

6. Condition No. of Zoning Petition No. 84-98, 

Resolution No. R-1834 which states: 

b. Commercial pods located in the immediate 

vicinity of the school site be 

cooperatively agreed upon by the School Board 

and the petitioner, in efforts to 

attractive nuisances to 

Is hereby amended to read as follows: 

petitioner shall consult with the! School 

Board prior to considering the 

uses that may be permitted on the (1) 

acre commercial pod located on Lake Worth 

Road. 

7. Condition No. 4 of Zoning Petition No. 84-98, 

Resolution No. R-1834, which presently states: 

A. Developer shall provide plans 

for an additional 4-lane bridge over 

Canal per C.E. approval. The plan section 

shall include sidewalks. In 

construction plans shall be submitted for the 

following turn lanes at the intersection of 

Lake Worth Rd. S.R. 7: 

a. 

b. 

C. 

d. 

e. 

f. 

h. 

Dual left turn lanes, north 

dual left turn lanes, south 

dual left turn lanes, east approach 

Dual left turn lanes, west 

right turn lanes, north approach 

right turn lanes, south approach 

right turn lanes, east approach 

right turn lanes, west approach 

These plans shall be completed 12 

months of Special Exception approval or prior 

to issuance of Building Permit, 

whichever shall first occur. 

B. Developer shall construct an additional 

lane bridge over LWDD Canal on Worth 

Road per County This 

construction shall also include turn lanes at 

the intersection of Lake Worth Road S.R. 7 

as required in this condition in the previous 

paragraph as outlined below. This 

Petition No. 84- 98(A) Page 3


construction shall be for a 400 full 

section, plus the appropriate transitions to 

the existing two lanes. 

a. 

b. 

C. 

d. 

e. 

f. 

h. 

i. 

Dual left turn lanes, north approach 

dual left turn lanes, south 

dual left turn lanes, east 

Dual left turn lanes, west 

right turn lanes, north approach 

right turn lanes, south approach 

right turn lanes, east approach 

right turn lanes, west approach 

Signalization when as 

determined by the County Engineer. 

This developer shall also be for 

any and all right-of-way acquisitior. costs 

incurred with construction of these turn 

lanes and bridge construction as outlined 

above. It is the intent that the r of 

shall be acquired as shown cn the 

Thoroughfare R/W Protection Map 

Palm Beach County will 

acquire this right-of way at the 

expense. This construction be 

completed within 24 months of Special 

Exception approval or prior to of 

200 Building Permits, whichever shall first 

occur. This Petitioner shall be 

required to post surety in the form of a 

Clean Irrevocable letter of credit within 6 

months of Special Exception or 

prior to issuance of a building permit. The 

amount of this letter of credit be 

based upon a certified cost estimate by the 

developer's engineer for required plans and 

construction for improvements of Lake Worth 

Rd. S.R. 


A. Developer shall provide construction 

plans for an 8-lane bridge over LWDD E-1 

Canal per C.E. approval. plan 

section shall include sidewalks. In 

addition, construction plans shall be 

submitted for the following lanes 

at the intersection of Lake Worth Rd. 

S.R. 7: 

1) Dual left turn lanes, north 

approach 

2) Dual left turn lanes, south 

approach 

3) Dual left turn lanes, east 

4) Dual left turn lanes, west approach 

5) Right turn lanes, north 

6) Right turn lanes, south 



7) Right turn lanes, east 

8) Right turn lanes, west 

These plans shall be completed to 

June 15, 1988, or prior to the 

certification of the master plan, 

whichever shall first occur. 

B. Developer shall the 

improvements as shown the 

construction plans presently under 

review by the County Engineer LWDD 

Canal on Lake Worth Road the 

County Engineer's approval. This 

construction shall also include turn 

lanes at the intersection of Lake Worth 

Road S.R. 7 as required this 

condition in the previous paragraph as 

outlined below. This shall 

be for a 400 foot full section, the 

appropriate transitions to the 

two lanes. Construction shall 

prior to August 1, 1988 and shall be 

completed prior to June 1, 1989. 

Dual left turn lanes, north 

approach 

Dual left turn lanes, south 

approach 

Dual left turn lanes, east approach 

Dual left turn lanes, west approach 

Right turn lanes, north approach 

Right turn lanes, south approach 

Right turn lanes, east 

Right turn lanes, west approach 

Signalization when required as 

determined by the County 

This developer shall also be 

for any and all right-of-way 

costs incurred with construction of 

these turn lanes and bridge construction 

as outlined above. It is intent 

that the right-of-way shall be acquired 

as shown on the Thoroughfare Right-of- 

Way Protection Map 

. Palm Beach will 

acquire this right-of-way at the 

developer's expense. This construction 

shall be completed prior to the 

construction schedule as to 

Palm Beach County, and agreed upon by 

the developer. This shall 

also be required to post in the 

form of a clean irrevocable letter of 

credit for the above road 

improvements prior to June 16, 1988. The 

amount of this letter of shall be 



8. 

9. 

10. 

11. 

12. 

based upon a certified cost estimate by 

the developer's engineer for 

plans and construction for 

of Lake Worth Rd. S.R. 7 and update 

annually. Surety for any and all 

remaining off-site improvements be 

posted prior to August 1, or 

prior to certification of any plan, 

whichever of the two shall first 

Sewer service is available to the property. Therefore, 

no septic tank shall be permitted on the site. 

Water service is available to the property. Therefore, 

no well shall be permitted on the site to provide 

potable water. 

The 11 acre commercial pod shall provide a minimum 

thirty-five (35) foot landscape buffer along their 

entire perimeter, supplemented with a hedge 

combination to reach a combined height of six (6) feet, 

with native ten (10) to twelve (12) foot canopy trees 

planted a maximum of twenty (20) feet on center. 

Condition No. 2 of Resolution No. R-1834, Zoning 

Petition No. 84-98, which presently states: 

Petitioner shall convey for the ultimate 

way of: 

a. Lake Worth Road, 120 foot on an 

approved by the County Engineer. 

b. South Road, 80 feet at right-of-way. 

All rights of way shall be conveyed within 90 days 

of approval and conveyances must be accepted by 

Palm Beach County prior to issuance of first 

building permit. 


of-way of: 

shall convey for the right- 

a. Lake Worth Road, 120 foot on an alignment 

approved by the County Engineer. 

b. South Road, 80 feet at right-of-way. 

Approval and conveyances must be accepted by Palm 

Beach County prior to July 1, 1988, or to 

certification of the master plan, whichever shall 

first occur. 

All thoroughfares and collector roads shall be built to 

Palm Beach County Thoroughfare Plan Standards as they 

presently exist, or as they may be amended from time 

to time. 



15. The property owner shall disclose to home 

buyers the future existence of Lake Worth from 

State Road 7 to Wellington as a future six-lane highway 

and the existence of Florida Power and Light's 

transmission lines which traverse the 

Disclosure shall be made in sales brochures and 

literature. 

16. Use of the 11 acre commercial site shall be to 

equestrian related commercial uses such as tack shops, 

commercial stables, feed and grain sales, and no 

general retail land uses shall be permitted on the 

site. There shall be no commercial on any 

public road advertising the development would 

attract patrons from outside the development. 

17. The land area of the planned unit development of 

proposed Lake Worth Road shall not receive plan 

certification until a site visit has been to 

determine the viability and significance of the wetland 

areas located in the north portion of the To 

the greatest extent possible viable wetland shall 

be preserved and incorporated into the open 

space and surface water management systems. If the 

wetland areas are viable, the boundaries shall be 

incorporated into the project's vegetation removal 

permit and a conservation easement be 

established for those areas. The conservation easement 

shall be platted as such and incorporated the 

project design and may be used for water 

management and passive recreation A 

on the viability of wetland shall 

be made to the Zoning Director by representatjves from 

the Zoning Division, Planning Division, Department of 

Environmental Resources Management, South Water 

Management District and of the 

developer. 

18. Condition No. of Resolution No. R-1834, Zoning 

Petition No. 84- 98, which presently states: 

Developer shall construct: 

a) South Road from existing limits cf paving 

west to the project's westernmost access 

drive in Section 34 concurrent with the 

construction of the project's entrance roads 



onto south Road or upon notification the 

County Engineer to provide paved 

for South Road. 


shall construct: 

a) South Road from existing limits of paving 

west to the project's westernmost access 

drive, or any other driveways, in 34 

concurrent with the construction the 

project's entrance roads onto South or 

upon notification by the County to 

provide paved continuity for South 

19. Failure to comply with the conditions herein may result 

in the denial or revocation of a building the 

issuance of a stop work order; the denial of a 

Certificate of Occupancy on any building or structure; 

or the denial or revocation of any permit or approval 

for any developer-owner, commercial-owner, 

user of the subject property. Appeals from such action 

may be taken to the Palm Beach County of 

Adjustment or as otherwise provided in the Palm 

County Zoning Code. Violations of the herein 

shall constitute violation of the Palm Beach County 

Zoning Code. 

Commissioner Marcus moved for approval of the The 

motion was seconded by Commissioner Elmquist and, upon put 

to a vote, the vote was as follows: 

Carol A. Roberts -- Aye 

Carol J. Elmquist -- Aye 

Karen T. Marcus -- Aye 

Dorothy Wilken 

James Watt -- Aye 

-- Absent 

The foregoing resolution was declared duly passed and 

adopted this day of , confirming 

action of May 27, 1988. 

APPROVED AS TO PALM BEACH COUNTY, 


BY 



RESOLUTION NO. 362 

RESOLUTION APPROVING ZONING PETITION NO. 

MODIFICATION OF COMMISSION REQUIREMENTS 

PETITION OF PRASHA PROPERTIES, HUGH JANOW TRUSTEE 





WHEREAS, the notice and hearing requirements, as provided for 

in Chapter 402.5 of the Palm Beach County Zoning Code, have been 

satisfied; and 

WHEREAS, Petition No. was presented to the Board of 

County Commissioners of Palm Beach County, sitting as the Zoning 

Authority, at its Public Hearing conducted on December 9, 1991; and 

WHEREAS, the Board of County Commissioners, sitting as the 

Zoning Authority, has considered the evidence and testimony 

presented by the applicant and other interested parties, and the 

recommendations of the various county review agencies and the 

recommendations of the Planning Commission; and 

WHEREAS, this approval is subject to the Zoning Code, Section 

402.9 (Mandatory Review of Development Approvals) and other 

provisions requiring that development commence in a timely manner; 

and 

WHEREAS, the Board of County Commissioners, sitting as the 

Zoning Authority, made the following findings of fact: 

1. This proposal is consistent with the requirements of the 

Comprehensive Plan and local land development 

regulations. 

WHEREAS, Chapter 402.5 of the Zoning Code, requires that the 

action of the Board of County Commissioners, sitting as the Zoning 

Authority, be adopted by resolution. 


COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Petition No. 

98(B), the petition of PRASHA PROPERTIES, HUGH JANOW TRUSTEE, BY 

LEE AGENT, for a MODIFICATION OF COMMISSION REQUIREMENTS 

REGARDING CONDITION NO. 3A AND NO. 3B (ENGINEERING 

POINT PUD) OF RESOLUTION NO. R-1834, on a parcel of land lying in 

the southerly portion of Section 23, Township 44 South, Range 41 

East, described as follows: COMMENCING at the northwest corner of 

Section 23; thence South East (state plane grid bearing 

datum) along the easterly line of the Acme Drainage 

Canal right of way as recorded in Official Record Book 1548, Page 

388, 2,605.43 feet to the POINT OF BEGINNING; thence South 

East along said line 2,826.26 feet to a point 228.05 feet 

east of the southwest corner of Section 23, and 4.85 feet north of 

the south line of Section 23; thence South East, 5,273.93 

feet to a point on the east line of Section 23, and 11.45 feet 

north of the southeast corner of Section 23; thence North 

West along the east line of said Section, 2,712.62 feet to the East 

1/4 corner of Section 23; thence North East along said 

east line, 88.08 feet; thence North West, 5,266.96 feet 

to the POINT OF BEGINNING, containing 340.06 acres, more or less; 

TOGETHER WITH a parcel in Section 26, Township 44 South, Range 41 

East, described as follows: BEGINNING at the southwest corner of 

Petition No. 84-98(B) Page 1


Section 26; thence South East (state plan grid bearing 

datum) along the south line of said Section, 5,408.17 feet to a 

point on a line that is 37.5 feet west of and parallel with the 

east line of Section 26; thence North East along said 

parallel line, 2,740.73 feet to the south line of a parcel as 

described in O.R.B. 986, Page 210; thence North West 

along the south line of said parcel, 1,534.53 feet to the southeast 

corner thereof; thence North East along the west line of 

said parcel, 2,674.91 feet to a point on the south line of a parcel 

as described in Official Record Book (O.R.B.) 3203, Page 1846, as 

parcel 111; thence North West along said south line, 

3,694.94 feet to the west line of the Acme Drainage District's 

canal right of way as monumented and described in O.R.B. 1921, Page 

1331, of said public records; thence South West along 

said east line, 5,404.86 feet to the POINT OF BEGINNING, containing 

565.37 acres, more or less; TOGETHER WITH all of Section 34, 

Township 44 South, Range 41 East, containing 656.36 acres, more or 

less; all of the above parcels subject to the Acme Drainage 

District Canal reservations as recorded in Deed Book 1037, Pages 

686- 692, and being located ON THE N AND S SIDES OF THE PROPOSED 

LAKE WORTH RD. EXTENSION, APPROX. 1.3 MILE W OF STATE RD. 7, IN THE 

RE ZONING DISTRICT, was approved on December 9, 1991, as 

advertised, subject to the following conditions: 

A. ALL PETITIONS 

1. The petitioner shall comply with all previous conditions 

of approval, including original deadlines for Zoning Code 

Section 402.9 compliance, unless expressly modified 

herein. 

2. Prior to certification, the Master Plan shall be amended 

to indicate compliance with all minimum property 

development regulations and land development requirements 

of Palm Beach County. 

B. ENGINEERING 

1. Condition No. 3 of Resolution No. R- 84- 1834 approving 

Zoning Petition 84- 98 which reads: 


a. South from existing limits of paving west 

to the project's westernmost access drive in 

Section 34 concurrent with the construction of 

the project's entrance roads onto South Road 

or upon notification by the County Engineer to 

provide paved continuity for South Road. 

b. Lake Worth Road from S.R. 7 west to the 

project's west property line. This petitioner 

shall be responsible for any acquisition of 

Right-of-way necessary for the construction of 

Lake Worth Road. The alignment of this rightof-way 

shall be approved by the County 

Engineer. Lake Worth Road shall be 

constructed concurrent with the filing of the 

first plat adjacent to Lake Worth Road or upon 

notification by the County Engineer to provide 

paved continuity for Lake Worth Road. This 

development shall be limited however, to 154 

building permits until such time that both 

Lake Worth Road and South Road is constructed 

from S.R. 7 to the 

Petition No. 84- 98(B) Page 2


Shall be amended to read: 

PARKS AND RECREATION 


a. South Road from existing limits of paving 

to the project's westernmost access in 

Section 34 concurrent with the construction of 

the entrance roads onto South Road 

or upon notification by the County Engineer to 

provide paved continuity for South Road. 

b. Lake Worth Road from S .R. 7 west to the 

west property line. Two lanes shall 

be constructed compatible with an ultimate six 

lane section as approved by the County 

Engineer. This petitioner shall be 

responsible for any acquisition of 

Way necessary for the construction of Lake 

Worth Road. The alignment of this right-ofway 

shall be approved by the County Engineer. 

This construction shall be constructed 

concurrent with the first plat to 

Lake Worth Road. If Palm Beach County chooses 

to construct a portion of Lake Worth Road 

prior to the time required by this condition, 

to provide timely access to the Elementary 

School then the Developer shall reimburse 

Palm Beach County for this construction the 

amount to be approved by the County Engineer. 

This reimbursement shall be made to 

plats for more than 20 units being or 

prior to the issuance of a building permit, 

whichever shall first occur. However, this 

Lake Worth Road construction shall be 

constructed upon notification by the County 

Engineer that it is required to provide paved 

continuity to Lake Worth Road west of the 

Orange Point Estates, P.U. D. 

1. The petitioner shall include in all written 

solicitations, advertisement, inducements, and 

methods or attempts to encourage any person to purchase 

a legal or equitable interest in property within the 

northern most two (2) pods that a future 60 acre Ccunty 

district park with active recreational facilitie:; is 

planned for the property abutting this development the 

north. 

D. COMPLIANCE 

1. As provided in Zoning Code Sections 400.2 and 4C2.6, 

failure to comply with any of these conditions; of 

approval at any time may result in: 

a. The denial or revocation of a building permit; the 

issuance of a stop work order; the denial a 

Certificate of Occupancy on any building or 

structure; or the denial or revocation of any 

permit or approval for any 

commercial-owner, lessee, or user of the suk ject 

property; and/or 

b. The revocation. of the Special Exception and any 

zoning which was approved concurrently with the 

Petition No. 84- 98(B) Page 3 

R92


Special Exception as well as any previously granted 

certifications of concurrency or exemptions 

therefrom; and/or 

c. A requirement of the development to conform 

updated standards of development, applicable at the 

time of the finding of non-compliance, or the 

addition or modification of conditions reasonably 

related to the failure to comply with existing 

conditions. 

2. Appeals of any departmental-administrative actions 

hereunder may be taken to the Palm Beach County Board of 

Adjustment or as otherwise provided in the Palm Beach 

County Zoning Code. Appeals of any revocation of 

Exception, Rezoning, or other actions based on a Board of 

County Commission decision, shall be by petition for urit 

of certiorari to the Fifteenth Judicial Circuit. 

3. The approval of this petition shall not affect any Zoning 

Code Section 402.9 (Mandatory Review of Development 

Approval) review date established as the result of a 

previous approval for this property. 

Commissioner moved for approval of the 

Resolution. 

The motion was seconded by Commissioner and, upon 

being put to a vote, the vote was as follows: 

Karen T. Marcus, Chair -- Aye 

Carole Phillips -- Aye 

Carol A. Roberts -- Absent 

Carol J. Elmquist -- Aye 

Mary -- Aye 

Ken Foster -- 

e 

Maude Ford Lee -- 

Aye 

The Chair thereupon declared the resolution was duly passed 

and adopted this day of March , 1992. 



Petition No. 84-98 (B) 

PALM BEACH COUNTY, FLORIDA 

BY ITS BOARD OF COUNTY 

COMMISSIONERS 

MILTON T. BAUER, CLERK 

R92 

Page 4


Quadrant Sheet: 

Page: 

Twp. Rng. 

A COMMISSION regarding 

Condition Nos.' 3.a. and 3.b. of Resolution No. R-1834, 

Petition No. 84- 98. 

PETITION 98 BCC DISTRICT: 

I 

RE 

J 

If 

4






RESOLUTION NO. R-95- 

RESOLUTION APPROVING RECOMMENDATION OF 

STATUS REPORT NO. SR 84-98.4 

TO AMEND CONDITIONS OF APPROVAL OF RESOLUTION NO. R-89-954 

WHICH APPROVED THE SPECIAL EXCEPTION OF 

HUGH TRUSTEE 

PETITION 





WHEREAS, systematic monitoring and review of approved zoning 

actions help implement the goals and objectives of the 

Comprehensive Plan. 


in Section 5.8 of the Palm Beach County Land Development Code have 

been satisfied; and 

WHEREAS, pursuant to Section 5.8, Status Report SR 84-98.4 was 

presented to the Board of County Commissioners of Palm Beach County 

at a public hearing conducted on April 27, 1995; and 

WHEREAS, the Board of County Commissioners has reviewed Status 

Report SR 84-98.4 and considered testimony presented by the 

applicant and other interested parties, and the recommendations of 

the various county review agencies; and 

WHEREAS, Section 5.8 of the Palm Beach County Land Development 

Code authorizes the Board of County Commissioners to add or modify 

conditions of approval; and 



1. This proposal is consistent with the requirements of the 

Comprehensive Plan and local land development 

regulations; and 

2. The new condition provides a mechanism to eliminate the 

land use inconsistency. 

WHEREAS, Section 5.3 of the Palm Beach County Land Development 

Code requires that the action of the Board of County Commissioners 

be adopted by resolution. 


COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that the 

recommendation of Status Report No. SR 84-98.4, to amend Conditions 

of Approval of Resolution No. R-89-954, the Special Exception of 

Hugh Janow, Trustee, Petition No. , which granted a Special 

Exception to permit a Planned Unit Development (Orange Point) on a 

parcel in the southerly portion of Section 23, Township 44 South, 

Range 41 East, described as follows: COMMENCING at the northwest 

corner of Section 23; thence South 00" East (state plane grid 

bearing datum) along the easterly line of the Acme Drainage 

District's Canal right of way as recorded in Official Record Book 

1548, Page 388, 2,605.43 feet to the POINT OF BEGINNING; thence 

South East along said line 2,826.26 feet to a point 

228.05 feet east of the southwest corner of Section 23, and 4.85 

feet north of the south line of Section 23; thence South 

East, 5,273.93 feet to a point on the east line of Section 23, and 

11.45 feet north of the southeast corner of Section 23; thence 

North West along the east line of said Section, 2,712.62 

feet to the East 1/4 corner of Section 23; thence North 

Page 1


East along said east line, 88.08 feet: thence North 88" 14 West, 

5,266.96 feet to the POINT OF BEGINNING, containing 340.06 acres, 

more or less; TOGETHER WITH a parcel in Section 26, Township 44 

South, Range 41 East, described as follows: BEGINNING at the 

southwest corner of Section 26; thence South East (state 

plan grid bearing datum) along the south line of said Section, 

5,408.17 feet to a point on a line that is 37.5 feet west of and 

parallel with the east line of Section 26; thence North 

East along said parallel line, 2,740.73 feet to the south line of 

a parcel as described in O.R.B. 986, Page 210; thence North 

West along the south line of said parcel, 1,534.53 feet 

to the southeast corner thereof; thence North East along 

the west line of said parcel, 2,674.91 feet to a point on the south 

line of a parcel as described in Official Record Book (O.R.B. ) 

3203, Page 1846, as parcel thence North West along 

said south line, 3,694.94 feet to the west line of the Acme 

Drainage District's canal right of way as monumented and described 

in O.R.B. 1921, Page 1331, of said public records: thence South 

West along said east line, 5,404.86 feet to the POINT OF 

BEGINNING, containing 565.37 acres, more or less; TOGETHER WITH all 

of Section 34, Township 44 South, Range 41 East, containing 656.36 

acres, more or less: all of the above parcels subject to the Acme 

Drainage District Canal reservations as recorded in Deed Book 1037, 

Pages being located on the north and south sides of the 

proposed Lake Worth Road extension, approximately 1.3 miles west of 

State Road 7 (SR 441) in the RE-Residential Estate Zoning District, 

is approved, subject to the following conditions: 

All previously approved conditions of approval continue 

to apply unless expressly modified herein. 

2. On or before September 1, 1995, the property owner shall 

submit a petition for an amendment to the Future Land Use 

Map. The purpose of this petition is to resolve 

inconsistency issues. 

Commissioner Marcus 

Resolution. 

moved for approval of the 

The was seconded by Commissioner and, upon 

put a vote, the vote was as follows: 

KEN FOSTER, CHAIR 

BURT AARONSON 

MAUDE FORD LEE 

KAREN MARCUS 

MARY MCCARTY 

H. 

CAROL ROBERTS 

The Chair thereupon declared the resolution was duly passed 

and adopted this 27th day of April , 1995. 

Page 2
















































































ExhibitF 

1. ORANGEPOINTPUD 

 

2. WELLINGTONPRESERVEPLAT 

 

3. PREVIOUSAPPROVEDMASTERPLANSFORSECTION34















Planning, Zoning & Building Department 

12794 Forest Hill Blvd., Suite 23, Wellington, FL 33414 (561) 753-2430 Fax (561) 753-2439 

INSTRUCTIONS TO APPLICANTS: 

MASTER PLAN AMENDMENT APPLICATION 

1. Please complete all sections of this application. If not applicable, indicate with N/A. 

2. Provide required attachments as shown on the attached checklist 

I. PROPERTY OWNER AND AGENT INFORMATION 

Property Owner(s) of Record:__________________________________________________________________ 

Please see attached "Property Owner's and Associated PCN's" list 

Address:____________________________ City:_______________________ ST:_______ Zip:_______________ 

Phone:________________________________________ Please contact Agent 

FAX:_________________________________________ 

Applicant (if other than owner):________________________________________________________________ 



Phone:________________________________________ Please contact Agent 

FAX:_________________________________________ 

Agent & Company Name:______________________________________________________________________ 

Please see attached "Agent List" 


Phone:________________________________________ FAX:_________________________________________ 

Consultants: If applicable to your request, please attach a separate list of all consultants that will provide information 

on this request. You should include the name, address, telephone number, and fax number as well as the type of 

professional service provided. 

II. PROPERTY LOCATION 

A. Is the subject property located within one mile of another municipality? [ X ] yes [ ] no 

If ‘yes’ please specify: ___________________________________________________ 

Palm Beach County 

B. Property Control Number (PCN): If additional PCNs, list on a separate sheet and attach to the application. 

PCN: [ ] [ ] -- [ ] [ ] -- [ ] [ ] -- [ ] [ ] – [ ] [ ] – [ ] [ ] [ ] – [ ] [ ] [ ] [ ] Please see Attached List 

C. Section:_________ 34 Township:________ 44 Range:__________ 41 Total Acreage of Subject Property :__________ 576.13 

D. Project Name:____________________________________________________________________________ 

Wellington Polo Preserve 

E. Project Address: __________________________________________________________________________ 


F. General Location Description (proximity to closest major intersection in miles or fractions thereof): 

South Side of 50th Street South approximately 1/2 mile east of South Shore Blvd. 

- 1 - 

w:\documentation\forms\p & z applications\2010 applications\master plan amendment application.doc 

STAFF USE ONLY 

Intake Date:____________ 

By:___________________ 

Petition #______________


(List in sequence from first application to most recent – attach additional page if necessary): 

Petition Number Request Action Date Resolution Number 

Please see attached Justification Statement 

Adjacent 

Property to the: 

SUBJECT SITE 

NORTH 

SOUTH 

EAST 

WEST 

Land Use 

Designation 

Zoning Designation 

Existing Use(s) of 

Property 

- 2 - 


Approved Use(s) 

of Property* 

Petition & 

Resolution 

Number 

If adjacent land supports a previous approval by Wellington, please include a brief description of the approved 

use(s) and the approved square footage or number of dwelling units. 

PROJECT DATA LAST BCC OR 

VC APPROVAL 

Total Gross Acreage 

Lot Frontage (ROW feet) 

Lot depth (maximum) 

Lot Width (minimum) 

Setbacks: Front/Rear 

Side Interior/Side Corner 

Total Dwelling Units (du’s) 

# of Single Family (SF) 

# of Zero Lot Line (ZLL) 

# of Townhouses (TH) 

# of Multi-Family (MF) 

# of PODs 

Total Gross Density 

Gross Density by POD 

# Dwelling Units by POD 

# of Single Family (SF) 

# of Zero Lot Line (ZLL) 

# of Townhouses (TH) 

# of Multi-Family (MF) 

Total Sq. Footage 

Commercial SF 

III. PROJECT HISTORY 

IV. ADJACENT PROPERTIES 

Residential "A" EOZD Residential/Equestrian Residential/Equestrian 


Ag Reserve Conservation Conservation Conservation 

RR-5 (PBC) AR (PBC) Residential Residential 


V. TABULAR DATA 

LAST DRC 

APPROVAL 

REQUIRED 

PER CODE 

PROPOSED +/- CHANGE 

Previous amendments have been done in a piecemeal fashion and, as such, there is no 

consolidated document with all of this information.


Industrial SF 

Other SF 

Total Acres & Percentage 

Lakes/Waterways 

Right of Way Area 

Open Space Area 

Recreation Area 

Preserve Area 

Civic Area 

# of Acres of Public 

# of Acres of Private 

Impervious Area 

Pervious Area 

Describe proposed modifications: 

See attached justification statement. 

VII. COMPLIANCE 

(Attach additional sheets, if necessary) 

A. Is property in compliance with all previous conditions of approval and/or applicable LDRS requirements? 

[ ] yes [ X ] no List conditions and provide explanation. 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

N/A as the property has not been developed in accordance with the approved Master Plan (Resolution 2008-116) 

_____________________________________________________________________________________________ 

B. Report on the status of all previous conditions of approval:________________________________________ 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

N/A as the property has not been developed in accordance with the approved Master Plan (Resolution 2008-116) 

_____________________________________________________________________________________________ 

VIII. APPLICANT’S STATEMENT OF JUSTIFICATION 

(Attach additional sheets if necessary) 

The applicant is to explain how the request conforms to the following: 

A. That the proposed request is consistent with the purposes, goals, objectives and policies of the 

Comprehensive Plan. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

- 3 - 

w:\documentation\forms\p & z applications\2010 applications\master plan amendment application.doc


B. That the proposed request is in compliance with Article 11 of the LDRS (Adequate Public Facility 

Standards). 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

C. That the proposed request is in compliance with Article 9 of the LDRS (Environmental Standards) 

and minimizes environmental impacts, including but not limited to water, air, stormwater 

management, wildlife, vegetation, wetlands and the natural functioning of the environment. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

D. That the proposed request is in compliance with Article 6 of the LDRS (Zoning District, Use, 

Property Development and Planned Development District). 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

E. Provide the overall design concept and show that the design of the proposed request minimizes 

adverse effects, including visual impact and intensity of the proposed use on adjacent lands. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

- 4 - 



F. That the proposed request is in compliance with the LDRS (Supplementary Regulations). 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

G. That the proposed request is consistent with applicable neighborhood plans. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

H. That the proposed request will result in a logical, timely and orderly development pattern. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

I. That the proposed request complies with Wellington building standards and all other relevant and 

applicable provisions of the LDRS. 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 


______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

______________________________________________________________________________________________ 

- 5 - 



I/We: _________________________________________, do hereby swear/affirm that I/we am/are the 

owner(s) of the property referenced in this application 

I/We certify that the above statements and the statements or showings made in any paper or plans 

submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this 

application, attachments and fee become part of the official record of the Planning & Zoning Department of 

Wellington and the fee is not refundable. I/We understand that any knowingly false information given by 

me/us will result in the denial, revocation or administrative withdrawal of the application or permit. I/We 

further acknowledge that additional information may be required by Wellington in order to process this 

application. 

I/We further consent to the Wellington to publish, copy or reproduce any copyrighted document for any 

third party submitted as part of this application. 

Signature(s) of Owner(s)___________________________________________________________ 

Print Name(s)____________________________________________________________________ 

I/We, the aforementioned owner(s), do hereby give consent to _____________________________ to act 

on my/our behalf to submit this application, all required material and documents, and attend and represent 

me/us at all meetings and public hearings pertaining to the request(s) and property I/we own described in 

the attached application. Furthermore, as owner(s) of the subject property, I/we hereby give consent to the 

party designated above to agree to all terms or conditions that may arise as part of the approval of this 

application for the proposed use. 

Signature(s) of Owner(s)____________________________________________________________ 

Print Name(s)____________________________________________________________________ 


COUNTY OF ________________________ 

OWNER ACKNOWLEDGEMENT 

CONSENT STATEMENT 

Owner to complete if using agent/representative 

NOTARY 

The foregoing instrument was acknowledged before me this _________ day of ____________, 20____ by 

______________________________________. He/She is personally known to me or has produced 

_________________________________ as identification and did/did not take an oath. 

___________________________________ My Commission Expires: ___________________ 


_____________________________ (NOTARY’S SEAL OR STAMP) 

(Name – Must be typed, printed, or stamped) 

- 6 - 



I/We: _________________________________________, do hereby swear/affirm that I/we am/are the 

owner(s) of the property referenced in this application 

I/We certify that there is the necessity for site plan approval of individual development pods or parcels by 

Wellington, that there is a need to plat property, or phases thereof, prior to the issuance of building permit 

(excluding building permits for dry models), that there is a requirement for underground installation of all 

utilities and that Wellington may initiate a revocation of the master plan approval and a rezoning of the 

property to a zoning district consistent with the comprehensive plan if good faith efforts to initiate 

development have not occurred within four (4) years following the date the master plan is approved. 

Signature(s) of Owner(s)___________________________________________________________ 

Print Name(s)____________________________________________________________________ 

Signature(s) of Owner(s)____________________________________________________________ 

Print Name(s)____________________________________________________________________ 


COUNTY OF ________________________ 

OWNER ACKNOWLEDGEMENT 

NOTARY 

The foregoing instrument was acknowledged before me this _________ day of ____________, 20____ by 

______________________________________. He/She is personally known to me or has produced 

_________________________________ as identification and did/did not take an oath. 

___________________________________ My Commission Expires: ___________________ 


_____________________________ (NOTARY’S SEAL OR STAMP) 

(Name – Must be typed, printed, or stamped) 

- 7 - 




COUNTY OF ________________________ 

Palm Beach 

Before me this day personally appeared ____________________________________________ Jon E. Schmidt, RLA, LEED AP 

who being duly 

sworn, deposes and says: 

1. The accompanying Property Owners List is, to the best of his/her knowledge, a complete and accurate list of 

all property owners, mailing addresses and property control numbers as recorded in the latest official tax rolls 

of the Palm Beach County Property Appraiser for all property within five hundred (500) feet of the below 

described parcel of land. 

2. The accompanying Property Owners List included, to the best of his/her knowledge, all affected municipalities 

and/or counties, in accordance with Wellington notice requirements and/or policies. 

3. A tax map highlighting the properties located within five hundred feet of the parcel of land that is the subject 

of the request is attached as part of this application. The accompanying Property Owner’s list contains the 

required information for all properties highlighted on the tax map. 

4. Public notice, which is his/her obligation to provide, will be in accordance with Wellington requirements 

The property in question is: [ ] legally described as follows [ ] see attached legal description 

_______________________________ 

Signature 

_______________________________ 

Jon E. Schmidt, RLA, LEED AP 

Print, type or stamp name here 


COUNTY OF __________________________ 

Palm Beach 

NOTARY 

The foregoing instrument was acknowledged before me this ____________ day of _______________, 

20_____ 

By _________________________________________, Jon E. Schmidt, RLA, LEED AP 

who is personally known to me or has produced 

________________________________________ as identification and who did/did not take an oath. 

______________________________________ 

Signature of person taking Acknowledgement 

________________________________________________ 

Tamatha D. Ervine 

Printed Signature 

My Commission Expires: 

NOTICE AFFIDAVIT 

- 8 - 




PLEASE CHECK 

YES 

X 

NO N/A 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 


X 

MASTER PLAN AMENDMENT 

SUBMITTAL CHECKLIST 

I. GENERAL 

a. A completed application signed by owner, agent and/or applicant. 

Agent’s authorization or power of attorney must be attached if 

applicant is other than owner. 

b. Required application fees. 

c. Twelve (12) copies of a warranty deed including property control 

number or folio number and legal description of the property. 

d. A recent aerial photograph of the site with a minimum scale of 1” 

=300. 

e. Area location map. 

f. A list of all property owners within a five hundred (500) foot radius of 

boundary lines of the subject property from the most recent tax roll 

information as provided by the Palm Beach County Property Appraiser’s 

Office. 

g. Executed affidavit signed by the person responsible for completing the 

property owner list. 

h. Two (2) sets of POSTAGE PAID envelopes with the typed names of the 

owners within a five hundred (500) foot radius of the boundary lines of the 

subject property, Wellington’s return address and completed certified mail 

cards required. 

i. Executed acknowledgement of Wellington site plan approval for individual 

development pods or parcels; the need to plat property or phases 

thereof prior to issuance of building permits (excluding building permits for 

dry models); the requirement for underground installation of all utilities, and 

Wellington’s right to initiate a revocation of master plan approval or rezoning 

of the property. 

j. Twelve copies of all Ordinances / Resolutions affecting the property. 

k. Twelve copies of the previously approved and certified Master Plan. 

l. Legal description of property (8.5’ X 14’ with 1’ margins) on disc(word 

format). 

- 9 - 


PLEASE CHECK 

YES 

X 

NO N/A 

X 

X 

X 

X 

X 

PLEASE CHECK 

YES 

X 

NO N/A 

X 

X 

X 

X 

X 

X 


II. CURRENT CONDITIONS MAP (Twelve copies) 

a. Provide number of acres, rounded to the nearest one-tenth (1/10) acre. 

b. Comprehensive plan, existing land use and zoning designation of the site 

and of properties within 300’ of the site. 

d. Existing principal structures on the site and of properties within 300’ of site. 

e. Lakes or bodies of water on the site. 

f. Principal vehicular access points. 

g. Proposed alignment of State, County or Wellington roads. 

III. MASTER PLAN 

(No larger than 24” x 36” with scale not smaller than 100’ to an inch) 

a. Scale (graphic and written), date, north arrow, vicinity sketch, project 

name, revision dates on each drawing, if multiple sheets provide 

page numbers and clearly identify match lines. 

b. Twelve hard copies each of the regular and reduced size copies of the 

proposed Master Plan and a computerized copy on disc. 

c. Location Map- clearly showing the location of the property in relation 

to existing roads and landmarks, including at least one north-south 

and one east-west thoroughfare plan road. 

d. Name, address and telephone number of the developer, along with 

the name and address of the engineer, surveyor, planner and/or 

other professional consultant(s) responsible for the plan, plat and 

supporting documents. 

e. Written legal description, including Section, Township, Range and 

parcel, tract, plat name or number. 

f. Tabular Project Data (total number acres, gross density for the entire 

project and for each separate pod, number of individual development pods, 

number and type of dwelling units (total and by each pod), civic sites by 

number of acres and whether private/public, percentage and number of 

acres of open space, percentage and number of total and minimum acres of 

common space required for the entire site and for each pod developed, 

percentage and number of acres of lakes and waterways, percentage and 

number of acres of preserves, percentage and number of acres of 

recreation, percentage and number of acres of public right-of-way and 

whether private/public, Wellington zoning case number, existing and 

proposed zoning and land use designation, and type of use and ownership.) 

g. Provide proposed individual development pods. 

- 10 - 


PLEASE CHECK 

YES 

X 

NO N/A 

X 

X 


X 

X 

X 

X 

X 

X 

PLEASE CHECK 

YES NO N/A 

X 

X 

h. Proposed vehicular and non-vehicular circulation including but not limited to 

major roadways, principal vehicular access points, and location (generalized) 

pedestrian and bicycle path detail, and signage , if applicable. 

i. Location of sites to be dedicated for public use including but not limited to 

schools, parks, or other public facility. 

j. Location of major private recreational amenities including but not limited to 

golf courses, tennis courts, private parks, club houses, swimming pools, 

and similar features. 

k. Provide major easements, or right-of-way for public utilities, canals, and 

similar improvements, and any easements or rights-of-way proposed to be 

abandoned. 

l. Location, size and orientation of development signs. 

m. Provide estimated square footage of commercial or non-residential uses and 

dimensions and acreage of out parcels. 

n. Location of lots including dimensions (size, width and depth), maximum 

building coverage, minimum open space per lot, maximum buildable area, 

building setbacks and/or separation (front, side, side corner, rear, garage and 

second floor), maximum building height (feet and number of stories), and 

minimum accessory setbacks (pools, screen enclosures, sheds, detached 

garages) 

o. Provide typical lake cross sections and slopes. 

p. Location and acreage of institutional and other allowable nonresidential 

uses. 

IV. LANDSCAPE PLANS (Twelve Copies) 

a. Provide typical landscape standards, signed, sealed and prepared by a 

Florida Registered Professional, for single-family and multiple-family 

dwellings; street tree Plantings; open space plantings; median plantings; 

arterial/collector plantings (including but not limited to grade and size of 

landscape materials); maintenance of median, open space and 

arterial/collector plantings; irrigation; standard planting details and use of 

xeriscape or similar materials. 

b. Provide perimeter buffer detail, prepared by a Florida Registered 

Professional, including but not limited to: width, general 

details (berm, fencing, wall etc.), and proposed cross section (dimensions, 

typical trees and plant material, typical spacing, fencing, berms and similar 

information) 

- 11 - 


PLEASE CHECK 

YES NO N/A 

X 

X 


X 

X 

X 

X 

X 

X 

X 

IV. OTHER (Twelve Copies) 

a. Provide environmental assessment. 

b. Provide tree survey. 

c. Provide proof of concurrency for all required services, including 

concurrency reservation for traffic issued By Palm Beach County Traffic 

Engineering Division. 

d. Provide conceptual architectural styles and conceptual colored building 

elevations, color palettes and typical materials to be utilized. 

e. Provide elevations of common elements, including walls, clubhouses, entry 

features and similar features. 

f. Provide master sign plan including but not limited to the following: location 

of signs, types of signs (entry feature, entrance and directional), 

architectural elevations (sign design, content, dimensions, materials and 

colors), statement of consistency with Wellington sign regulations, and typical 

landscaping (type of trees, shrubs and ground cover associated with the 

proposed sign. 

g. A survey (not more than a year old) including any and all easements of 

record (reference by OR Book and page, prepared by a surveyor registered 

in the State of Florida) including major public or private canals, rights-of-way, 

and overhead or underground easements. 

h. Overall phasing plan including residential and nonresidential parcels, 

number of dwelling units, and nonresidential uses and square feet. 

i. Conceptual drainage plan signed and sealed by a Florida Registered 

engineer. 

- 12 - 




Total time 

approximately 3 

to 4 months 


3-5 days 

5 weeks 

3 to 5 

weeks 

3 to 5 

weeks 

MASTER PLAN AMENDMENT PROCESS 

Complete Application Submission 

see schedule 

Project Sufficiency 

(Exact date of DRC Meeting determined by sufficiency date) 

Development Review Committee (DRC) 

2 nd or 4 th Wednesday of each month 

Development Review Committee Certification 

Planning, Zoning & Adjustments Board/Public Hearing 

1 st Wedneday of the month 

Wellington Council Public Hearing 

2 nd or 4 th Tuesday of the following month (If necessary) 

- 13 - 



*Mail Out 

15-30 days prior to public hearing 

500’ radius 

*Posting 


*Advertise 



Mail Out 

15-30 days prior to public 

hearing 500’ radius 

Posting 

15 days prior to public hearing 

Advertise 

10-15 days prior to public 

hearing














Jon E. Schmidt and Associates 

Land Planning and Landscape Architecture 

Request 

Justification Statement –Master Plan Amendment Request 


Village of Wellington Development Review Committee (DRC) Submittal 

Re-Submittal 2: September 27, 2012 

The subject property (see attached list for property control numbers [PCN’s]) is a 576-acre 

property located on the southeast corner of 50 th Street and 130 th Avenue in the Village of 

Wellington. The subject property has historically had many project names such as, but not limited 

to, Section 34, Wellington International Equestrian Showgrounds (WIES), Wellington Training 

Club and Wellington Preserve. For purposes of this application, the project name will be 

Wellington Polo Preserve. 

The subject property currently supports a Future Land Use Atlas (FLUA) designation of 

Residential “A”/Equestrian Preservation Area (EPA) and is within the Agricultural Residential 

(AR)/Planned Unit Development (PUD)/Equestrian Overlay Zoning District (EOZD). 

This application is a request for the approval of a Master Plan Amendment. Please see specific 

requests under the Summary of Proposed Amendments section below. 

Public Hearing Project History 

The proposed Wellington Polo Preserve is part of the Orange Point PUD, specifically in Pod L of 

the PUD, which is also known as Wellington Preserve. 

The Orange Point PUD originally was approved by Palm Beach County in the early 

1980’s. This PUD includes the following land area: a portion of Section 23 (Grand Isles), 

all of Section 26 (The Isles) and all of Section 34 (Wellington Preserve). Since its 

approval, the PUD has been amended numerous times. 

On January 6, 2004 the Village Council approved the Wellington Preserve Plat consisting 

of 124 single-family residential lots. In 2005, the Wellington Preserve Master Plan was 

amended to allow an additional access to 130 th Avenue in addition to the existing access 

on 50 th Street. The additional access was for the proposed Iroquois Farms, a 51 acre 

land assemblage for a single family residential and equestrian facility located in the 

southwest corner of Wellington Preserve. On September 27, 2005 Wellington’s 

Development Review Committee (DRC) approved the Iroquois Farms Equestrian facility, 

which has been built. 

Village of Wellington, Planning & Zoning Division. Staff Report: Wellington Training Club 

Development Order Amendment and Master Plan Amendment to the Orange Point 

Planned Unit Development (PUD). 9 Dec. 2008: 419. 

On June 20, 2006 the Iroquois Farm plat was recorded in Plat Book 107, Page 199. 

On April 24, 2012 the Village Council approved Resolution R2012-25 which approved the 

vacating of any and all ingress/egress access easement rights over and across a portion of 

Wellington Preserve Boulevard within Parcel L2. 

On May 9, 2012 the Wellington DRC certified the Zacara Farm Site Plan. 

2247 Palm Beach Lakes Blvd. Suite 101 West Palm Beach, Florida 33409 Tel. (561) 684-6141 Fax. (561) 684-6142 E-mail:Jschmidt@jesla.com






Prepared by Jon E. Schmidt & Associates, Inc. 

Page 2 of 4 

Summary of Proposed Amendments 

As stated above this application is a request for the approval of a Master Plan Amendment for the 

Wellington Polo Preserve. Below are the specific requests. 

“Bubble” Master Plan 

o Request: The applicants are requesting to amend the Master Plan to allow for a 

“bubble” type plan delineating the subject property into four parcels. 

o Reasoning: This will allow greater flexibility for current and future property 

owners to reconfigure the layout of their equestrian facilities. As stated 

previously market conditions are now supporting the assemblage and 

consolidation of multiple lots to allow for private, individual equestrian facilities 

with accessory residential units, etc. The “bubble” type plan, if approved, will be 

more of a traditional master plan than the plans that have been included in 

previous approvals. A traditional master plan will encourage the assemblage and 

consolidation of multiple lots into larger equestrian tracts. The private, individual 

equestrian facilities that will result from the assemblages will have less of an 

external impact than the previously approved uses. 

There have been two major assemblages since May 2011 and, in each instance, 

the property owner has consolidated or proposes to consolidate a number of 

individual lots into a private, individual equestrian facility. Below are specifics on 

the two recent assemblages. 

Parcel L2 (aka Zacara Farm): Zacara Farm LLC purchased 21 individual 

lots/102.8 acres on May 23, 2011 (Special Warranty Deed recorded in 

Official Records Book 24539, Page 1240). Subsequently Zacara Farm 

LLC filed applications (1) to vacate any and all ingress/egress access 

easement rights over and across a portion of Wellington Preserve 

Boulevard (approved by the Village Council on April 24, 2012) and (2) for 

site plan approval (approved by the Wellington DRC on May 9, 2012). 

Parcel L3 (aka J-5/Valiente Polo): J-5 Wellington Preserve LLC 

purchased 29 individual lots/140 acres on May 10, 2012 (Special 

Warranty Deed recorded in ORB 25195, PG 102). 

These assemblages are similar to Iroquois Farm (Parcel L1). 

As detailed above there appears to be a growing trend to assemble and 

consolidate individual lots within the subject property and those property owners 

are requesting the flexibility of a “bubble” type plan. 

Additional Access Points 

o Request: The applicants are requesting to amend the Master Plan to provide for 

two additional access points to 130 th Avenue and one additional access point to 

50 th Street. 

o Reasoning: The original approval for 124 individual, residential lots included an 

internal roadway network (officially 120’ ingress-egress easements on the 

Wellington Preserve plat recorded in Plat Book 100, PG 180-186) that had one 

loop roadway (Wellington Preserve Boulevard) and two north/south roadways 

(Laredo Way and Lasso Way). This internal roadway network was connected to 

the public roadway system through an access point along the north side of the 

subject property to 50 th Street. The approvals granted for Iroquois Farm included 

an abandonment of the very southwest portion of the 120’ ingress-egress 

easement known as Wellington Preserve Boulevard which disconnected Iroquois







Page 3 of 4 

Farm from the internal roadway network. As such, the approvals for Iroquois 

Farm also included a new connection to the public roadway system to 130 th 

Avenue so that Iroquois Farm had direct access thereto. The two more recent 

land assemblages would like to follow that approach by providing new direct 

access points to Parcel L2 (two new access points to 130 th Avenue) and Parcel 

L3 (one new access point to 50 th Street). The access points for Parcel L2 will be 

offset from the cross streets on the west side of 130 th Avenue to minimize any 

traffic issues. These direct access points will allow for more efficient and flexible 

access to the various components being incorporated into the facilities (i.e., 

polo/stick/ball/field & track fields, barns, residences) including access for large 

horse rigs and trailers. As discussed with the Village Engineer, the applicants 

are willing to accept a condition of approval agreeing that lots with internal road 

frontage can be sold in the future as an individual lot or combination with other 

lots so long as the assemblage has interior road frontage. This allowance does 

not require the removal of exterior access points so long as those exterior access 

points are for the use of a single property owner. Any future assemblages within 

Parcel L4 will have access through the existing internal roadway system. 

Vacating of Portions of Ingress-Egress Easement 

o Request: The applicants are requesting to amend the Master Plan by vacating 

portions of the 120’ ingress-egress easements known as Wellington Preserve 

Boulevard. The portions of the easements requested to be vacated are (1) that 

section of Wellington Preserve Boulevard commencing on the east side of Lot 5, 

Block A/Lot 1, Block C and ending at the north side of Lot 9, Block D and (2) that 

section of Wellington Preserve Boulevard commencing at the east side of Lot 11, 

Block B and ending at the west side of Lot 12, Block B/Lot 29, Block A. Legal 

descriptions and sketches for both of these portions are included in the submittal 

package. 

o Reasoning: The two more recent assemblages, much like Iroquois Farm, 

traverse portions of the ingress-egress easements that were part of the internal 

roadway network from the original approval. This roadway network was 

designed to provide direct access for the original 124 individual, residential lots. 

Now that these lots are being consolidated there is no longer a need to maintain 

the portions of the easements that cut through Parcel L2 and Parcel L3. On April 

24, 2012 the Village Council approved Resolution R2012-25 which approved the 

vacating of any and all ingress/egress access easement rights over and across 

that portion of the ingress-egress easement that cut through Parcel L2. This 

request includes vacating any and all ingress/egress access easement rights 

over and across that portion of the ingress-egress easement that cut through 

Parcel L3. Furthermore, this request includes vacating the same rights over a 

small portion that became a dead-end/cul-de-sac with the vacating done as part 

of the Iroquois Farm approvals. This vacation of this dead-end/cul-de-sac is 

being requested since the owners of all four properties that would have access 

from that portion of the roadway have joined in this request. Note that, despite 

prior and proposed ingress-egress easement vacations, there will still be 

sufficient and efficient access to the 65 lots in Parcel L4. 

Consistency with Comprehensive Plan and Land Development Regulations 

1. Consistency with Comprehensive Plan 

a. Goal 1.0 of the Equestrian Preservation Element of the Wellington 

Comprehensive Plan states that, “The goal of this element is to ensure the 

preservation and protection of the neighborhoods which comprise this area, the 

equestrian industry and the rural lifestyles which exist in the Equestrian 

Preserve.” The proposed amendments will incorporate aggregated lots into 

equestrian facilities with accessory residential uses on the subject property which







Page 4 of 4 

will be consistent with Goal 1.0 of the Equestrian Preservation Element of the 

Wellington Comprehensive Plan. 

2. Conformity with Zoning Standards 

a. As shown in the development regulations chart, etc. on the Master Plan the 

proposed amendments comply with the provisions of the Wellington Unified Land 

Development Code (ULDC), specifically those provisions found in Article 6 and 

those provisions related to the EOZD. 

3. Compatibility with Surrounding Land Uses 

a. The proposed amendments will incorporate aggregated lots into equestrian 

facilities with accessory residential uses on the subject property while allowing 

some other minor site reconfigurations. The existing and proposed 

equestrian/residential uses within all four parcels are consistent with the 

residential and equestrian nature of the Wellington Preserve and surrounding 

areas. 

4. Design Minimizes Adverse Impact 

a. While there will be an aggregation of lots for equestrian facilities that could not 

have been accommodated on the original 124 individual, residential lots, these 

uses are consistent with the intent and goals of the Equestrian Preserve and the 

EOZD. Furthermore, the revised Master Plan still maintains the landscape buffer 

around the perimeter of the subject property. As such, there will be no adverse 

impact on surrounding properties. 

5. Adequacy of Public Services 

a. The proposed amendments will not have an adverse impact on public facilities. 

Traffic: See attached Traffic Impact Analysis prepared by Simmons & White 

dated June 15, 2012 in which the analysis confirms there is sufficient capacity on 

the public roadway network to accommodate the proposed amendments. 

Potable Water & Wastewater: Water and sewer capacities are available and 

service may be provided subject to conditions of a Utility Service Agreement 

defining requirements to ensure adequate system capacity to serve the proposed 

uses on the subject property. 

Drainage: See attached Drainage Statement prepared by prepared by Higgins 

Engineering, Inc. dated June 21, 2012 in which the analysis confirms there is 

sufficient capacity in the drainage system to accommodate the proposed 

amendments. 

6. Environmental Comments 

a. The subject property was previously cleared for prior agricultural operations. As 

such, there will be no adverse impacts to vegetative resources. Furthermore, the 

previously approved storm water management system has been designed to 

protect adjacent environmental resources. 

7. Development Patterns 

a. The proposed amendments will allow for the logical, orderly and timely 

development of the subject property with equestrian and residential uses. 

8. Consistency with Neighborhood Plans 

a. The subject property does not fall within the boundaries of a neighborhood plan.

Client Name: 

Advertiser: VILLAGE OF WELLINGTON 

Section/Page/Zone: SPORTS/010/PPBP 

Description: WELLINGTON POLO PRESERVE 

Ad Number: 23771 

Insertion Number: 60072 

Size: 2 x 10 

Color Type: B&W 

Publication Date: 11/26/2012 

This E-Sheet(R) is provided as conclusive evidence that the ad appeared in the newspaper on the date and page indicated. You may not create derivative works or in any way exploit or re-purpose any content. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


8. A 




AGENDA ITEM NAME: ORDINANCE 2012-21 (REAL PROPERTY MORTGAGE REGISTRATION) 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL RELATING TO MORTGAGED REAL 

PROPERTY; AMENDING THE CODE OF ORDINANCES OF WELLINGTON, FLORIDA BY 

ENACTING CHAPTER 72, “REAL PROPERTY MORTGAGE REGISTRATION”; PROVIDING 

PURPOSE, INTENT, DEFINITIONS, AND APPLICABILITY, REQUIRING MORTGAGEE 

REGISTRATION RELATING TO REAL PROPERTY MORTGAGES IN DEFAULT; PROVIDING 

FOR THE FORM OF REGISTRATION; REQUIRING MAINTENANCE OF CERTAIN REAL 

PROPERTY BY MORTGAGEES, PROVIDING SECURITY REQUIREMENTS; PROHIBITING 

OBSTRUCTION OF CODE ENFORCEMENT OFFICERS; PROVIDING FOR IMMUNITY OF CODE 

ENFORCEMENT OFFICERS; PROVIDING FOR ADDITIONAL MAINTENANCE AND SECURITY 

REQUIREMENTS; PROVIDING SUPPLEMENTAL AUTHORITY; PROVIDING FOR THE REPEAL 

OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND 

INTERPRETATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION 

SCHEDULE. 





FIRST READING 


REQUEST: Approve an amendment to the Code of Ordinances creating Chapter 72 Sections 1 

through 12; to establish "Real Property Mortgage Registration" for the purpose of protecting 

neighborhoods from blight as a result of inadequate maintenance and security due to properties in 

foreclosure. 

EXPLANATION: As of September 2012, there were more than 1,200 properties within Wellington 

in foreclosure. The number is expected to grow based upon the backlog of foreclosure cases in 

Palm Beach County. As a result, properties may be abandoned and not maintained to Wellington 

standards. The proposed Real Property Mortgage Registration is designed to address these 

properties and would require: 

Mortgagee’s to annually register foreclosed properties within ten (10) days of the date the 

notice of default is filed. 

Identify a local property manager responsible for property maintenance.


Annual registration fee to be determined by Council. The registration fees for programs in 

Palm Beach County and its municipalities is $150 to $200 per registration. 

Code Compliance Officers will monitor registered properties for appropriate maintenance and 

upkeep. As with other code compliance matters, if properties are not meeting established 

standards, a notice of violation may be issued and potentially fines assessed until the issue or 

issues are resolved. It is intended through this process that banks, financial institutions, and local 

contacts will be responsible for the maintenance of the property. 

Registration: 

a. A registration is required within ten (10) days of the date the notice of default is filed. 

b. The registration information will include the name of the mortgagee, the mailing 

address of the mortgagee, e-mail address, and telephone number and name of the 

local property manager and said person’s address, e-mail address, and telephone 

number. The local property manager shall be responsible to inspect, secure and 

maintain the property. The property manager named in the registration shall be 

located within Palm Beach County and available to be contacted by Wellington. 

c. A registration fee is required per property. 

d. Failure of the mortgagee to register as required by this ordinance is a violation of the 

codes of Wellington and may result in a citation by the code compliance division and 

possible fines imposed by the Special Magistrate. 

Maintenance: 

a. Properties shall be kept free of weeds, overgrown brush, dead vegetation, trash, 

junk, debris, building materials, any accumulation of newspapers, circulars, flyers, 

notices, discarded personal items including, but not limited to, furniture, clothing, 

large and small appliances, or any other items that give the appearance that the 

property is abandoned or not being properly maintained. Weeds, overgrown brush or 

dead vegetation over the height limitations imposed by Wellington’s Codes are 

prohibited. 

b. The property shall be maintained free of graffiti or similar markings Yards shall be 

landscaped and maintained pursuant to the standards set forth in the code. 

Landscaping shall include, but not be limited to, grass, ground cover, bushes, shrubs, 

hedges or similar plantings, decorative rock or bark or artificial turf/sod designed 

specifically for residential, commercial or industrial installation, as applicable. 

Landscaping shall not include weeds, gravel, broken concrete, asphalt or similar 

material. 

c. Maintenance shall include, but not be limited to, watering, irrigation, cutting and 

mowing of required landscape and removal of all trimmings and weeds 

d. Failure of the mortgagee to properly maintain the property is a violation of the code of 

ordinances and may result in the issuance of a citation by the code compliance 

division. Pursuant to a finding and determination by the Special Master, Wellington 

may take the necessary action to ensure compliance with its ordinances and place a 

lien/s on the property and assign it as provided herein.


Security: 

a. Properties subject to this ordinance shall be maintained in a secure manner so as not 

to be accessible to unauthorized persons. 

b. Security measures will include the closure and locking of windows, doors, gates and 

other openings. 

c. The property shall be posted with the name and twenty four (24) hour contact 

telephone number of the local property manager. 

d. The local property manager shall inspect the property on a bi-weekly basis to ensure 

that the property is in compliance. 

e. Failure of the mortgagee and/or property owner of record to properly inspect and 

secure the property, and post and maintain the signage noted in this section, is a 

violation of this ordinance and shall result in the issuance of a Notice of Violation. 

Similar programs are currently being implemented in Coral Springs, Boynton Beach, Royal Palm 

Beach, West Palm Beach, and Palm Beach County. The program addresses property 

maintenance, property protection, utility service issues, and reduces the amount of time required by 

Utilities Customer Service and Code Compliance identifying property owners and contacts for 

homes that had been foreclosed on and were either vacant or being occupied by tenants not paying 

their bills. 

This same ordinance was originally presented to the Council on February 9, 2010, as Ordinance No. 

2010-06. The ordinance was withdrawn at that time. A copy of the relevant portions of the minutes 

of the Council meeting is attached for reference. 


FISCAL IMPACT: The registry will include an annual registration fee as established by the 

Wellington Council. This fee will be used to offset both the internal and external costs associated 

with maintaining the registry and conducting property research and maintenance inspections. 

VILLAGE GOAL: Neighborhood Renaissance 

RECOMMENDATION: Approve an amendment to the Code of Ordinances creating Chapter 72 

Sections 1 through 12; to establish "Real Property Mortgage Registration" for the purpose of 

protecting neighborhoods from blight as a result of inadequate maintenance and security due to 

properties in foreclosure.

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ORDINANCE NO. 2012 -21 

AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL 

RELATING TO MORTGAGED REAL PROPERTY; AMENDING 

THE CODE OF ORDINANCES OF WELLINGTON, FLORIDA 

BY ENACTING CHAPTER 72, “REAL PROPERTY 

MORTGAGE REGISTRATION”; PROVIDING PURPOSE, 

INTENT, DEFINITIONS, AND APPLICABILITY, REQUIRING 

MORTGAGEE REGISTRATION RELATING TO REAL 

PROPERTY MORTGAGES IN DEFAULT; PROVIDING FOR 

THE FORM OF REGISTRATION; REQUIRING 

MAINTENANCE OF CERTAIN REAL PROPERTY BY 

MORTGAGEES, PROVIDING SECURITY REQUIREMENTS; 

PROHIBITING OBSTRUCTION OF CODE ENFORCEMENT 

OFFICERS; PROVIDING FOR IMMUNITY OF CODE 

ENFORCEMENT OFFICERS; PROVIDING FOR ADDITIONAL 

MAINTENANCE AND SECURITY REQUIREMENTS; 

PROVIDING SUPPLEMENTAL AUTHORITY; PROVIDING 

FOR THE REPEAL OF ORDINANCES IN CONFLICT 

HEREWITH; PROVIDING FOR SEVERABILITY AND 

INTERPRETATION; PROVIDING AN EFFECTIVE DATE; AND 

PROVIDING AN ADOPTION SCHEDULE. 

WHEREAS, the mortgage foreclosure crisis has serious negative implications for all 

communities trying to manage the resulting properties, increases in crime, homelessness, and 

other problems that stem from family financial crisis; and 

WHEREAS, Wellington has determined local codes must be adopted to mitigate the 

negative impact of foreclosures; and 

WHEREAS, foreclosed homes quickly become nuisances, grass and weeds grow, 

swimming pools become stagnant and create public health hazards, landscaping either dies 

or grows out of control, windows are broken, and exteriors suffer damage from normal wearand-tear 

and vandalism, thus resulting in loss of property value on neighboring residences 

then on neighborhoods, and ultimately the entire community; and 

WHEREAS, property maintenance codes to regulate community standards for the 

interior and exterior condition of structures have been adopted; and 

WHEREAS, registration requires the personal contact information of the owner or other 

responsible party who may be personally liable for any violation of codes when such person is 

or was the person owning or managing, controlling, or acting as agent in regard to buildings or 

premises; and 

WHEREAS, most mortgages contain clauses allowing mortgagees to enter onto the 

mortgaged property and prevent waste and correct or abate nuisances; and 

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WHEREAS, in the absence of the owner of the property, it is appropriate for Wellington 

to expect and demand the mortgagee exercise their powers and be responsible to inspect and 

maintain the mortgaged property if it is abandoned or vacant while the owner is default on the 

mortgage; and 

WHEREAS, Wellington finds that neighborhoods should be protected from becoming 

blighted through the lack of adequate maintenance and security of properties subject to 

mortgages that are in default; and 

WHEREAS, Wellington finds that the mortgagee’s registration of property subject to a 

mortgage which is in default, will establish a contact person for Wellington to address concerns 

regarding the maintenance and security of the property; and 

WHEREAS, Wellington finds that it is in the public interest to address safety and 

aesthetic concerns and the economic order of Wellington to assure that property subject to a 

mortgage in default or foreclosure will continue to be maintained and secured and that blight 

will not occur. 

NOW THEREFORE BE IT ORDAINED BY WELLINGTON’S COUNCIL THAT: 

SECTION 1. The above recitals are true and correct and by this reference are 

incorporated herein and made an integral part hereof. 

SECTION 2. The Code of Ordinances of Wellington, Florida, is hereby amended by 

enacting a new Chapter 72 “Mortgaged Real Property Registration” to read as follows: 

CHAPTER 72 

MORTGAGED REAL PROPERTY REGISTRATION 

72. 1. Purpose and intent: It is the purpose and intent of this chapter to establish a process 

to mitigate the number of deteriorating properties located within Wellington for which a public 

notice of default has been filed, is in foreclosure, or where ownership has been transferred to a 

lender or mortgagee by any legal method. It is further intended to establish a registration 

program as a mechanism to protect neighborhoods from becoming blighted through the lack of 

adequate maintenance of properties subject to mortgages that are in default. 

72. 2 Definitions. The following words, terms and phrases, when used in this chapter, shall 

have the meanings ascribed to them, except where the context clearly indicates a different 

meaning. Where the context will permit and no definitions are provided herein, the definitions 

provided in the Florida Building Code shall apply. 

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Abandoned real property means any real property that is vacant and/or is under a 

current notice of default, notice of mortgagee’s sale, pending tax assessor’s lien sale and/or 

properties that have been the subject of a foreclosure sale where title is retained by the 

beneficiary of a mortgage involved in the foreclosure, and any properties transferred under a 

deed-in-lieu of foreclosure sale, a short sale or any other legal means. 

Accessible property means a property that is accessible through a 

compromised/breached gate, fence, wall, etc. 

Accessible structure means a structure/building that is unsecured and/or breached in 

such a way as to allow access to the interior space by unauthorized persons. 

Default means that the mortgagee files a foreclosure action or public notice of default 

on the mortgage. A mortgage shall be considered in default at such time as the mortgagee 

declares said mortgage to be in default either in writing, by recording a lis pendens, or by its 

actions, or commences foreclosure proceedings. 

Enforcement officer means any fulltime law enforcement officer, building official, fire 

inspector or code enforcement officer employed by, contracted for, or servicing Wellington. 

Evidence of vacancy means any condition that on its own, or combined with other 

conditions present would lead a reasonable person to believe that the property is vacant. 

Such conditions may include, but not be limited to, overgrown and/or dead vegetation, 

electricity, water or other utilities turned off, stagnant swimming pool, statements by neighbors, 

passers-by, delivery agents or government agents, among other evidence. 

Foreclosure means the judicial process by which a property, placed as security for a 

mortgage loan, after a judicial process, is to be sold at an auction to satisfy a debt upon which 

the borrower has defaulted. 

Local Property Manager means an individual property manager, property 

management company, property maintenance company or similar entity located within Palm 

Beach County, designated by the owner or mortgagee which is responsible for the 

maintenance of abandoned real property. 

Public property means canals, all waterways, lands and improvements owned by a 

governmental body or any governmental agency including but not limited to easements and 

rights-of-way, but excluding the campus of any institution of the state university system. 

Residential building means any improved real property or portion thereof, situated in 

the city, designed or permitted to be used for dwelling purposes, and shall include the buildings 

and structures located on such improved real property. 

Vacant means any building or structure that is not lawfully occupied or inhabited by 

human beings. 

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72. 3. Applicability. This ordinance relates to property subject to a mortgage that has been 

determined by the mortgagee to be in default. This chapter shall be considered cumulative 

and is not superseding or subject to any other law or provision for same, but shall rather be an 

additional remedy available to Wellington above and beyond any other state, county and/or 

local provisions for same. 

72. 4. Penalties. Any person who shall violate the provisions of this chapter shall, upon 

conviction, be punished as provided in Section 1-12 of Wellington’s Code of Ordinances, as 

applicable. In addition, any violation of this section may be enforced by Wellington’s Special 

Master as provided in Chapter 2, Article IV, of Wellington’s Code of Ordinances. 

72. 5. Registration of real property mortgagee holding mortgages in default. 

(a) Any mortgagee who holds a mortgage on real property located within Wellington 

shall within ten (10) days of default by the mortgagor of the real property that is the security for 

the mortgage, register the property with Wellington. 

(b) Registration pursuant to this section shall contain at a minimum the name of the 

mortgagee, the mailing address of the mortgagee, e-mail address, and telephone number and 

name of the local property manager and said person’s address, e-mail address, and telephone 

number. The local property manager shall be responsible to inspect, secure and maintain the 

property. The property manager named in the registration shall be located within Palm Beach 

County and available to be contacted by Wellington, Monday through Friday between 9:00 

a.m. and 5:00 p.m., holidays and lunch hours excepted. 

(c) The Village Council shall establish, by resolution, fees for the registration and reregistration 

requirements required by this article. Said fees shall be based on the reasonable 

estimated cost of administering the provisions of this article and shall be due and payable at 

the time of registration or re-registration. The fee schedule may be based on the size and type 

of property being registered. The registration shall be renewed 12 months from the initial 

registration date annually. Wellington may assign and delegate the collection of such fee to an 

independent contractor, as noted on the registration form. 

(d) This section shall also apply to properties that have been the subject of a foreclosure 

sale where title is transferred to a beneficiary of a mortgage involved in the foreclosure and 

any properties transferred to the mortgagee under a deed in lieu of foreclosure/sale. 

(e) Any person or other legal entity that has registered a property under this ordinance 

must report any change of information contained in the registration within ten (10) days of the 

change. 

(f) Properties subject to this section shall remain under the annual registration 

requirement, inspection, security, and maintenance standards of this section as long as they 

remain subject to having been declared by a mortgagee to be in default. 

(g) Failure of the mortgagee and/or property owner of record to properly register or to 

revise from time to time the registration to reflect a change of circumstances as required by 

this ordinance is a violation of the Codes of Wellington and may result in a citation by the Code 

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Compliance Division. Pursuant to a finding and determination by the Special Master that any 

property is in violation of Wellington’s ordinances, Wellington may take the necessary action to 

ensure compliance with its ordinance and place a lien/s on the property for the cost of the work 

performed to benefit the property and to bring it into compliance, which lien may be assigned 

to either the entity that performs the work or arranges to have the work performed. 

72. 6. Maintenance requirements. 

(a) Properties subject to this ordinance shall be kept free of weeds, overgrown brush, 

dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, 

circulars, flyers, notices, except those required by federal, state, or local law, discarded 

personal items including, but not limited to, furniture, clothing, large and small appliances, or 

any other items that give the appearance that the property is abandoned or not being properly 

maintained. Weeds, overgrown brush or dead vegetation over the height limitations imposed 

by Wellington’s Codes are prohibited. 

(b) The property shall be maintained free of graffiti or similar markings by removal or 

painting over with an exterior grade paint that matches the color of the exterior structure. Yards 

shall be landscaped and maintained pursuant to the standards set forth in the code. 

Landscaping shall include, but not be limited to, grass, ground cover, bushes, shrubs, hedges 

or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for 

residential, commercial or industrial installation, as applicable. Landscaping shall not include 

weeds, gravel, broken concrete, asphalt or similar material. 

(c) Maintenance shall include, but not be limited to, watering, irrigation, cutting and 

mowing of required landscape and removal of all trimmings and weeds. 

(d) Pools and spas shall be kept in working order so that pool and spa water remains 

free and clear of pollutants and debris. Pools and spas shall comply with the enclosure 

requirements of Wellington’s Codes and the Florida Building Code. 

(e) Failure of the mortgagee and/or property owner of record to properly maintain the 

property is a violation of the Code of Ordinances of Wellington and may result in the issuance 

of a citation by the Code Compliance Division. Pursuant to a finding and determination by the 

Special Master, Wellington may take the necessary action to ensure compliance with its 

ordinances and place a lien/s on the property and assign it as provided herein. 

72. 7. Security requirements. 

(a) Properties subject to this ordinance shall be maintained in a secure manner so as 

not to be accessible to unauthorized persons. 

(b) A “secure manner” shall include, but not be limited to, the closure and locking of 

windows, doors, gates and other openings of such size that may allow a child or adult to 

access the interior of the property and/or structure. Broken windows shall be secured by 

reglazing or boarding. 

(c) If a mortgage on the property is in default on the property and has become vacant or 

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abandoned, a local property manager shall be designated by the mortgagee to perform the 

work necessary to bring the property into compliance with the Code of Ordinances and the 

local property manager must perform weekly inspections to verify compliance with the 

requirements of this section, and any other applicable laws or codes of Wellington. 

(d) When the property becomes vacant or abandoned, it shall be posted with the name 

and twenty-four (24) hour contact telephone number of the local property manager. The 

posting shall be no less than 18 inches x 24 inches, and shall be of a font that is legible from a 

distance of 45 feet. The posting shall contain the following language: THIS PROPERTY IS 

MANAGED BY (Name of Local Property Manager). TO REPORT PROBLEMS OR 

CONCERNS CALL (Telephone number of Local Property Manager). 

(e) The posting shall be placed on the interior of a window facing the street to the front 

of the property so that it is visible from the street, or secured to the exterior of the 

building/structure facing the street to the front of the property so that it is visible from the street 

or if no such area exists, on a stake of sufficient size to support the posing in a location that is 

at all times visual from the street to the front of the property but not readily accessible to 

vandals. Exterior posting shall be constructed of and printed with weather-resistant materials. 

(f) The local property manager shall inspect the property on a bi-weekly basis to ensure 

that the property is in compliance with this section. Upon the request of Wellington, or its 

authorized representative, the local property manager shall provide a copy of the inspection 

reports to the Code Compliance Division. 

(g) Failure of the mortgagee and/or property owner of record to properly inspect and 

secure the property, and post and maintain the signage noted in this section, is a violation of 

this ordinance and shall result in the issuance of a Notice of Violation by a Code Compliance 

Officer. Pursuant to a finding and determination by a Special Master, Wellington may take the 

necessary action to ensure compliance with this section, and place a lien/s on the property and 

assign it as provided herein. 

72. 10. Additional authority. 

Wellington’s Code Compliance Manager, designee, or Wellington’s authorized 

representative shall have authority to require the mortgagee and/or owner of record of any 

property affected by this section, to implement additional maintenance and/or security 

measures including, but not limited to, securing any and all door, window or other openings, 

employment of an on-site security guard, or other measures as may be reasonably required to 

help prevent further decline of the property. 

72. 11. Adoption of rules; expenditure of funds; declaration of municipal purpose. 

The Manager, consistent with their assigned duties and authorities under the Charter, 

including those duties and authorities relating to emergency situations, is authorized and 

empowered to adopt rules and regulations and expend Wellington funds as may be reasonably 

necessary and available to carry out the terms of this section, the expenditure of such funds 

being declared a proper municipal purpose. 

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72. 12. Supplemental Provisions. 

Nothing contained in this ordinance shall prohibit Wellington from enforcing its codes by 

any other means, including, but not limited to, injunction, abatement or as otherwise provided 

by code. 

SECTION 3. Should any section, paragraph, sentence, clause, or phrase of this 

Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 

Ordinance, Resolution, or municipal Code provision, then in that event the provisions of this 

Ordinance shall prevail to the extent of such conflict. 

SECTION 4: Should any section, paragraph, sentence, clause, or phase of this 

Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall 

not affect the validity of this Ordinance as a whole as a whole or any portion or part thereof, 

other than the part so declared to be invalid. 

SECTION 5: Specific authority is hereby granted to codify this Ordinance. 

SECTION 6: This Ordinance shall become effective immediately upon adoption of the 

Village Council of the Village of Wellington following second reading. 

PASSED this ______ day of _______________ 2012, upon first reading. 

PASSED AND ADOPTED this ______ day of ____________ 2012, on second and final reading. 


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FOR AGAINST 

BY:_____________________________________ 


_______ _______ 

_____________________________________ 

Howard K. Coates Jr., Vice Mayor 

_______ _______ 

_____________________________________ 

Matt Willhite, Councilman 

_______ _______ 

_____________________________________ 

Anne Gerwig, Councilwoman 

_______ _______ 

_____________________________________ 

John Greene, Councilman 

_______ _______ 

ATTEST: 

BY: _____________________________ 

Awilda Rodriguez, Village Clerk

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5 

6 

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BY: ____________________________ 

Jeffrey S. Kurtz, Village Attorney 

8


TO: Mayor and Wellington Council 

FROM: Steven Koch 

SUBJECT: Proposed Amendments to the Code of Ordinances – Create Chapter 72 

Sections 1 through 12 

DATE: 10/30/12 

I. Background 

As of September 2012, there were more than 1,200 units in foreclosure within Wellington. 

It is anticipated that this number will begin climbing again as foreclosure filings are 

increasing in the State of Florida due to additional “interest only” mortgages coming due, 

as well as recent federal action taken with regards to the mortgage foreclosure process. 

This large number of foreclosures causes several issues for Wellington, and its residents, 

and has led to an unusually high number of vacant properties that are not being protected 

and/or maintained. This has led to increased crime, neighborhood blight, and difficulties 

maintaining accurate utility service. For example, during a recent process and procedure 

review, Utilities Customer Service was forced to spend and exorbitant amount of time 

identifying property owners and contacts for homes that had been foreclosed on and were 

either vacant or being occupied by tenants not paying their bills. This review showed that 

it was taking up to 9 months to get the appropriate contact information from PAPA. This 

caused billings issues as well as customer frustration when they inherited large unpaid 

bills. 

Approval of the proposed amendment establishes a registry of these foreclosures, which 

will provide property information and identify a responsible party for any concerns 

regarding property maintenance, service accounts, and security. Mortgagees and Financial 

Institutions will be responsible for the registration fee to cover program costs. A similar 

registry program is currently approved and being implemented in Coral Springs, Boynton 

Beach, Royal Palm Beach, West Palm Beach and Palm Beach County. In addition to 

establishing a registry, approval will enable the enforcement of property maintenance 

codes as a tool to protect neighborhoods from becoming blighted due to a lack of 

maintenance and security. The establishment of the registry program will help to ensure 

that properties subject to foreclosure will continue to be maintained and secure, reducing 

negative impacts on surrounding properties. 

Ordinance 2012– 21 contains a proposed amendment to the Code of Ordinances to create 

Chapter 72 Sections 1 through 12; to establish a Real Property Mortgage Registration. The 

program consists of two parts:


Registration - establish a process to register and track properties in foreclosure. 

Banks and financial institutions owning property in foreclosure will be required to 

provide property information, identify a local property manager responsible for 

property management, and pay a registration fee to be discussed by Council. This 

information will be utilized to establish and maintain a registry of foreclosed 

property. 

Enforcement - enable the enforcement of property maintenance codes. Code 

Enforcement Officers and will utilize the registry to monitor properties for 

appropriate maintenance and upkeep. If maintenance issues occur, the local 

property manager will be notified of those issues and are subject to the code 

compliance process for unresolved violations. Utilities Customer Service will also 

utilize the registry to contact the responsible parties for properties with default 

utility accounts. 

II. Summary of Ordinance 

The following is a summary of the principles outlined in the Ordinance. 

I. Registration Requirements 

(a) Any mortgagee who holds a mortgage on real property located within 

Wellington shall within 10 days of an issuance of a notice of default. The 

mortgage shall designate in writing a local property manager to inspect, 

maintain and secure the real property subject to the mortgage in default. 

(b) Registration pursuant to this section shall contain at a minimum the name of 

the mortgagee, the mailing address of the mortgagee, e-mail address, and 

telephone number and name of the local property manager and said person’s 

address, e-mail address, and telephone number. The local property manager 

shall be responsible to inspect, secure and maintain the property. The property 

manager named in the registration shall be located within Palm Beach County 

and available to be contacted by Wellington, Monday through Friday between 

9:00 a.m. and 5:00 p.m., holidays and lunch hours exempted. 

(c) A registration fee, per property, shall accompany the registration or a 

modification of registration, Wellington may assign and delegate the collection 

of such fee to an independent contractor, as noted on the registration form. The 

registrations shall be renewed annually 12 months from the date of the initial 

registration. 

(d) This section shall also apply to properties that have been the subject of a 

foreclosure sale where title is transferred to a beneficiary of a mortgage involved 

in the foreclosure and any properties transferred to the mortgagee under a deed 

in lieu of foreclosure/sale.


(e) Any person or other legal entity that has registered a property under this 

ordinance must report any change of information contained in the registration 

within ten (10) days of the change. 

(f) Properties subject to this section shall remain under the annual registration 

requirement, inspection, security, and maintenance standards of this section as 

long as they remain vacant or subject to having been declared by a mortgagee to 

be in default. 

(g) Failure of the mortgagee and/or property owner of record to properly register 

or to revise from time to time the registration to reflect a change of 

circumstances as required by this ordinance is a violation of the codes of 

Wellington and may result in a citation by the code compliance division. 

Pursuant to a finding and determination by the Special Master that any property 

is in violation of Wellington’s ordinances, Wellington may take the necessary 

action to ensure compliance with its ordinance and place a lien/s on the property 

for the cost of the work performed to benefit the property and to bring it into 

compliance, which lien may be assigned to either the entity that performs the 

work or arranges to have the work performed. 

II. Maintenance Requirements 

(a) Properties subject to this ordinance shall be kept free of weeds, overgrown 

brush, dead vegetation, trash, junk, debris, building materials, any accumulation 

of newspapers, circulars, flyers, notices, except those required by federal, state, 

or local law, discarded personal items including, but not limited to, furniture, 

clothing, large and small appliances, or any other items that give the appearance 

that the property is abandoned or not being properly maintained. Weeds, 

overgrown brush or dead vegetation over the height limitations imposed by 

Wellington’s Codes are prohibited. 

(b) The property shall be maintained free of graffiti or similar markings by 

removal or painting over with an exterior grade paint that matches the color of 

the exterior structure. Yards shall be landscaped and maintained pursuant to the 

standards set forth in the code. Landscaping shall include, but not be limited to, 

grass, ground cover, bushes, shrubs, hedges or similar plantings, decorative rock 

or bark or artificial turf/sod designed specifically for residential, commercial or 

industrial installation, as applicable. Landscaping shall not include weeds, 

gravel, broken concrete, asphalt or similar material. 

(c) Maintenance shall include, but not be limited to, watering, irrigation, cutting 

and mowing of required landscape and removal of all trimmings and weeds. 

(d) Pools and spas shall be kept in working order so that pool and spa water 

remains free and clear of pollutants and debris. Pools and spas shall comply 

with the enclosure requirements of Wellington’s Codes and the Florida Building 

Code. 

(e) Failure of the mortgagee and/or property owner of record to properly 

maintain the property is a violation of the code of ordinances of Wellington and


may result in the issuance of a citation by the code compliance division. 

Pursuant to a finding and determination by the Special Master, Wellington may 

take the necessary action to ensure compliance with its ordinances and place a 

lien/s on the property and assign it as provided herein. 

III. Security Requirements 

(a) Properties subject to this ordinance shall be maintained in a secure manner 

so as not to be accessible to unauthorized persons. 

(b) A “secure manner” shall include, but not be limited to, the closure and 

locking of windows, doors, gates and other openings of such size that may allow 

a child or adult to access the interior of the property and/or structure. Broken 

windows shall be secured by reglazing or boarding. 

(c) Upon the mortgagee taking ownership of the property or ownership has been 

transferred to the mortgagee by any legal method a local property manager shall 

be designated by the mortgagee to perform the work necessary to bring the 

property into compliance with the code of ordinances and the local property 

manager must perform weekly inspections to verify compliance with the 

requirements of this section, and any other applicable laws or ordinances of 

Wellington. 

(d) The property shall be posted with the name and twenty four (24) hour 

contact telephone number of the local property manager. The posting shall be 

no less than 18 inches x 24 inches, and shall be of a font that is legible from a 

distance of 45 feet. The posting shall contain the following language: THIS 

PROPERTY IS MANAGED BY (Name of Local Property Manager). TO REPORT 

PROBLEMS OR CONCERNS CALL (Telephone number of Local Property 

Manager). 

(e) The posting shall be placed on the interior of a window facing the street to the 

front of the property so that it is visible from the street, or secured to the exterior 

of the building/structure facing the street to the front of the property so that it is 

visible from the street or if no such area exists, on a stake of sufficient size to 

support the posing in a location that is at all times visual from the street to the 

front of the property but not readily accessible to vandals. Exterior posting shall 

be constructed of and printed with weather-resistant materials. 

(f) The local property manager shall inspect the property on a bi-weekly basis to 

ensure that the property is in compliance with this section. Upon the request of 

Wellington, or its authorized representative, the local property manager shall 

provide a copy of the inspection reports to the Code Compliance Division. 

(g) Failure of the mortgagee and/or property owner of record to properly inspect 

and secure the property, and post and maintain the signage noted in this section, 

is a violation of this ordinance and shall result in the issuance of a Notice of 

Violation by a code compliance officer. Pursuant to a finding and determination 

by a Special Master, Wellington may take the necessary action to ensure


compliance with this section, and place a lien/s on the property and assign it as 

provided herein. 

III. Registry Programming 

If the ordinance creating the registry is approved, staff will bring a recommendation for 

entering into an agreement with Federal Property Registration Corp (FPRC), 

authorizing FPRC to maintain and operate the registry for Wellington. In this 

agreement, FPRC would do the following for Wellington: 

FPRC cites the ordinance to the responsible person and informs him/her of the 

requirement to register. 

FPRC collects all of the necessary information required to comply with the 

registration ordinance and the necessity to select a local property manager. 

FPRC trains and provides support with the responsible person for the lender to 

electronically register the information. 

FPRC collects the registration fee on behalf of the government and pays the 

government its allotted portion. 

FPRC trains and provides support to the applicable government officials on the use of 

the website and reporting tools. 

FPRC provides the financial accounting of the registrations in compliance with the 

ordinance. 

FPRC provides the records of lenders not in compliance with the ordinance. 

FPRC provides optional tool for government partners to cite violations and 

collaborate on property issues with responsible parties via the PRO System web 

application tool. 

FPRC provides a tool for citizen’s in the community to be able to report issues with 

registered properties directly to the responsible party of record while copying or blind 

copying the appropriate government contact. 

FPRC can provide limited access and strategies to Home Owner Associations and 

other community partners. 

FPRC is currently being used by Royal Palm Beach, Boynton Beach, Jacksonville, Coral 

Springs, Palm Beach County, and many others throughout the state. 

IV. Recommendation 

Wellington staff recommends approval of Ordinance No. 2012-21 to approve the proposed 

amendment to the Code of Ordinances to create Chapter 72 Sections 1 through 12; which 

establishes a Foreclosure Registry Program, as well as entering into an agreement with 

FPRC to help manage the established registry.




AGREEMENT BETWEEN THE VILLAGE OF WELLINGTON 

AND FEDERAL PROPERTY REGISTRATION CORP. 

This Agreement is made as of this __ day of _____by and between Federal Property Registration Corp, a 

Florida Corporation, with offices at 6767 N. Wickham Rd., Suite 400, Melbourne, FL 32940 ("FPRC',), 

and the Village of Wellington, a Florida municipal corporation, with an address at 12300 Forest Hill 

Blvd, Wellington, Florida 33414.(Village) 

WITNESSETH: 

WHEREAS, because of an overwhelming number of mortgage foreclosures on residential and 

commercial properties that are in violation of the Village of Wellington Code of Ordinances, the care of 

neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the 

Village of Wellington; and, 

WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of 

foreclosed residential and commercial properties; the Village Commission adopted Ordinance “2012-21 

“, the Village's Property Registration Ordinance (the "Ordinance"); and 

WHEREAS, pursuant to the Ordinance the Village desires to enter into this Agreement with FPRC in 

order to provide services authorized pursuant to Ordinance “2012-21 “, to register vacant, abandoned, and 

foreclosed properties so that the Village can properly address violations of the Village's property 

maintenance codes (hereinafter "foreclosed property"). 

WHEREAS, FPRC will also provide an electronic registration process that is cost-free and revenuegenerating 

for the Village. 

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable 

consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as 

follows: 

I. FPRC RESPONSIBILITIES. 

A. FPRC will cite the Village's ordinance to mortgagees and proactively contact those that file a public 

notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other 

any legal means. FPRC will electronically provide for registration of foreclosed properties in violation of 

applicable Village ordinances.


B. FPRC will pay for all expenses related to registration of all foreclosed property, and all administrative 

costs and fees related thereto. FPRC will investigate, report, or take corrective measures monthly to 

update property status of all foreclosed property electronically registered and in compliance with the 

relevant Village ordinances. 

C. FPRC will charge a fee as directed by the Village to each Registrant to register all mortgagees who 

comply with Ordinance ("Registration Fee'). FPRC shall retain no less than $100.00 or 50% of each 

collected registration fee or whichever is greater and remit the balance to the Village in consideration of 

the services provided. FPRC shall forward payment of the Village's portion of the registration fee to the 

Village's Finance Department no later than the 15th day of the following month during the term of this 

Agreement. 

D. FPRC agrees to provide a website for the registration of each foreclosed property in order to enable 

compliance with the Village's ordinances. The website will direct registrants to the Village's website, and 

further direct traffic, via a hyperlink, to www.VacantRegistry.com. The website found at 

www.VacantRegistrv.com will automatically allow lenders and/or responsible parties to comply with the 

Village's Codes. 

E. FPRC, will execute the Village's website Link agreement and meet all Village IT security, and antiviral 

requirements. 

2. Indemnification: 

A. FPRC shall indemnify and save harmless and defend the Village, its trustees, elected and appointed 

officials, agents, servants and employees from and against any claim, demand or cause of action of 

whatsoever kind or nature arising out of error, omission, or negligent act of FPRC, its agents, servants or 

employees in the performance of its obligations pursuant to this Agreement, for all costs, losses and 

expenses, including but not limited to, damages to persons or property, judgments, reasonable attorney's 

fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in 

connection with the operations permitted under this Agreement. 

B. The parties recognize that various provisions of this Agreement, including but not necessarily limited 

to this Section, provide for indemnification by FPRC and requires a specific consideration be given 

therefore. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is 

hereby acknowledged, is the specific consideration for such indemnities, and the providing of such 

indemnities is deemed to be part of the specifications with respect to the services to be provided by 

FPRC. Furthermore, the parties understand and agree that the covenants and representations relating to 

this indemnification provision shall serve the term of this Agreement and continue in full force and effect 

as to the party's responsibility to indemnify. FPRC will indemnify and hold Village harmless for any 

negligent acts of FPRC or for any violation of any intellectual property laws, contracts or statutes. 

3. TERM. This Agreement will terminate one (1) year from the date it is executed by the Village. In 

addition, the parties may agree to renew this Agreement for an additional (3) three- one (1) year term(s) 

through the execution of a written amendment to this Agreement signed by both parties.


4. TERMINATION. This Agreement may be terminated by either Party with or without cause, 

immediately upon thirty (30) calendar days written notice. Upon termination by Village, FPRC shall 

cease all work performed and forward to Village any Registration Fees owed to the Village. 

5. CONTRACT DOCUMENTS: The following list of documents which are attached hereto as 

exhibits to this Agreement shall be incorporated into this Agreement, as if fully set forth herein by 

reference: 

A. Village Ordinance “ 2012-21 “, dated: ; 

6. INSURANCE. FPRC shall provide and maintain in force at all times during the Agreement with 

the Village, such insurance, including Workers' Compensation and Employer's Liability Insurance, 

Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions 

Insurance as will assure to VILLAGE OF WELLINGTON the protection contained in the foregoing 

indemnification undertaken by FPRC. 

A. Workers' Compensation Statutory limits with $100,000 Employers 

Liability. 

B. Commercial General Liability Insurance with limits of no less than $1,000,000.00. Bodily injury 

shall include operations and premises liability, products and completed operations, owners, and 

contractors protective liability and personal injury liability. 

C. Business Auto Liability coverage is to include bodily injury and property damage arising out of 

operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and 

employee non-ownership with limits of not less than $1,000,000.00 per occurrence. 

D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than 

$1,000,000.00 to assure Village the indemnification specified herein. 

E. A Certificate of Insurance acceptable to the Village shall be provided listing the above coverages 

and providing 30 days prior written notice to the Village in the case of cancellation. The Village shall be 

named as an additional insured and a certificate holder on the Commercial, General, Automobile, and 

Professional. Liability Policies with a waiver of subrogation on the Workers' Compensation Employer's 

Liability Policy. A copy of the certificate shall be mailed to the Village's Risk Management Department at 

the time FPRC executes this Agreement. 

7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and 

other materials produced by FPRC in connection with the services rendered pursuant to this Agreement 

shall be the property of the Village, and shall be provided to Village upon request. FPRC shall be 

permitted to retain copies, including reproducible copies, of drawings and specifications for information, 

reference and use in connection with FPRC's endeavors.


In the event of termination of this Agreement, any reports, records, documents, forms, and other data and 

documents prepared by FPRC whether finished or unfinished shall become the property of the Village, 

and shall be delivered by FPRC to the Village Manager within seven (1) days of termination of this 

Agreement by either party. Any compensation due to FPRC shall be withheld until all documents are 

received as provided herein. 

8. AUDIT AND INSPECTION RIGIITS AND RETENTION OF RECORDS. 

A. Village shall have the right to audit the books, records and accounts of FPRC that are related to this 

Agreement. FPRC shall keep such book, records, and accounts as may be necessary in order to record 

complete and correct entries related to this Agreement. FPRC shall preserve and make available, at 

reasonable times for examination and audit by the Village, all financial records, supporting documents, 

statistical records, and any other documents pertinent to his Agreement for the required retention period 

of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public 

Records Act is not applicable, for a minimum period of three (3) years after termination of this 

Agreement, unless FPRC is notified in writing by the Village of the need to extend the retention period. 

Such retention of such records and documents shall be at FPRC's expense. If an audit has been initiated 

and audit findings have not been resolved at the end of the retention period or three (3) years, whichever 

is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the 

Florida Public Records Act is determined by the Village to be applicable to FPRC's records, FPRC shall 

comply with all requirements thereof; however, no confidentiality or non-disc1osure requirement of either 

federal or state law shall be violated by FPRC. Any incomplete or incorrect entry in such books, records, 

and accounts shall be a basis for Village's disallowance and recovery of any payment upon such entry. 

B. In addition, FPRC shall respond to the reasonable inquiries of any successor companies and allow and 

successor companies to receive working papers relating to matters of continuing significance. In addition, 

FPRC shall provide a complete copy of all documents papers to the Village, prior to any final payment, in 

accordance with this Agreement. 

9. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer 

relationship between the parties. It is the intent of the parties that FPRC is an independent contractor 

under this Agreement and not the Village's employee for all purposes, including but not limited to, the 

application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance 

Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the 

Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insW'8Ilce 

law. FPRC shall retain sole and absolute discretion in the judgment of the manner and means of carrying 

out FPRC's activities and responsibilities hereunder. FPRC agrees that it is a separate and independent 

enterprise from the Village, that it has full opportunity to find other business, that it make its own 

investment in its business, and that it will utilize a high level of skill necessary to perform the work.


This Agreement shall not be construed as creating any joint employment relationship between FPRC and 

the Village and the Village will not be liable for any obligation incurred by FPRC, including but not 

limited to unpaid minimum wages and/or overtime premiums. 

10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by 

written notice, sent by registered United States mail, with return receipt requested, hand delivery or 

facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the 

remaining party, at the places last specified, and the places for giving of notice shall remain such until 

they shall have been changed by written notice in compliance with the provisions of this section. Notice 

shall be deemed to have been given upon receipt. For the present, FPRC and the Village designate the 

following as the respective places for giving of notice: 

VILLAGE: Village of Wellington 

12300 Forest Hill Blvd, 


Attention: Code Enforcement Manager 

Copy To: Jeff Kurtz, Village Attorney 

FPRC: Thomas R. Darnell, Vice President 

6767 N. Wickham Road, Suite 400 

Melbourne, FL 32940 

Telephone No. (321) 421-6639 

Facsimile No. (321) 396-7776


11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or 

otherwise encumbered, under any circumstances, by FPRC without the prior written consent of Village. 

For purposes of this Agreement, any change of ownership of FPRC shall constitute an assignment which 

requires Village approval. However, this Agreement shall run to the Village and its successors and 

assigns. 

12. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms 

or conditions contained herein shall be effective unless contained in a written document executed with the 

same formality and of equal dignity herewith. 

13. RELATIONSHIP MANAGER FEES. The parties acknowledge that Geoffrey B. Sluggett & 

Associates, Relationship Manager, Independent Contractor and Consultant of FPRC will receive a fee to 

be paid by FPRC to oversee Agreement with the Village and NOT as a result of the parties executing this 

Agreement. Geoffrey B. Sluggett & Associates. is not a full-time employee of FPRC and performs 

services for others. 

14. BINDING AUTHORITY. Each person signing this Agreement on behalf of either party 

individually warrants that he or she has full legal power to execute this Agreement on behalf of the party 

for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained 

in this Agreement. 

15. LAWS AND ORDINANCES. FPRC shall observe all laws and ordinances of the Village, county, 

state, federal or other public agencies directly relating to the operations being conducted pursuant to this 

Agreement. 

16. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, FPRC shall 

not discriminate against any firm, employee or applicant for employment or any other firm or individual 

in providing services because of sex, age, race, color, religion, ancestry or national origin. 

17 . WAIVER. Any failure by Village to require strict compliance with any provision of this Agreement 

shall not be construed as a waiver of such provision, and Village may subsequently require strict 

compliance at any time, notwithstanding any prior failure to do so. 

18. SEVERABILITY. If any provision of this Agreement or application thereof to any person or 

situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the 

application of such provisions to persons or situations other than those as to which it shall have been held 

invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be 

enforced to the fullest extent permitted by law. 

19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida with 

venue lying in Brevard County, Florida. 

20. ATIORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the 

prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, 

including fees and costs incurred at all pretrial, trial and appellate levels.


21. ENTIRE AGREEMENT. This Agreement represents the' entire and integrated agreement 

between the VILLAGE and the FPRC and supersedes all prior negotiations, representations or 

agreements, either written or oral. 

IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first 

above written. 

________________________________________ Date:___________________ 

_____________________________________ 

[Printed name of representative Palm Beach County, Florida 

________________________________ 

Wellington, FL 

________________________________________ Date:___________________ 

_____________________________________ 

[Printed name of Officer] 

Federal Property Registration Corp, Brevard County, Florida 

6767 N. Wickham Rd. 

Suite 400 

Melbourne, FL 32940










8. B 




AGENDA ITEM NAME: CONSIDERATION OF A PROPOSED SETTLEMENT AGREEMENT ON 

EQUESTRIAN VILLAGE 





FIRST READING 


REQUEST: Wellington Equestrian Partners LLC is proposing a settlement agreement that will allow 

the use of the Equestrian Village property and may end litigation at least from WEP. Staff is seeking 

a Council decision. 

EXPLANATION: Several documents are attached as background. In essence the WEP proposal 

would reinstate a master plan approval and a commercial equestrian arena determination for the 

facilities that exist today. A memorandum from Jeffery Kurtz dated November 27 th provides a clear 

description of what WEP is requesting. The offer was made in a letter from WEP’s attorney, Daniel 

Rosenbaum on November 19 th (copy attached). The offer was withdrawn in an e-mail from WEP’s 

managing partner, Mark Bellissimo, dated November 28 th and was placed back into consideration 

through an e-mail from Daniel Rosenbaum on December 3 rd and modified by an e-mail from Mr. 

Rosenbaum on the same day. 

Should Council act on the proposed offer, staff would ask that two additional clarifications be 

included: 

1. That the master plan and compatibility determination are for those items that exist today or 

are expressly included in the conditions. Any subsequent amendment or modification to the 

approvals will be subject to the review processes that are outlined in the Village’s Land 

Development Regulations. 

2. That an approval, if granted, will be subject to the concurrency requirements enumerated in 

the Village’s Land Development Regulations. 


FISCAL IMPACT: None immediately. Regardless of the decision made by Council, there will be 

continuing legal costs.



RECOMMENDATION: Council direction.


MEMORANDUM 

TO : BOB MARGOLIS, MAYOR 

HOWARD K. COATES, JR., VICE MAYOR 

MATT WILHITE, COUNCILMAN 

ANNE GERWIG, COUNCILWOMAN 

JOHN GREENE, COUNCILMAN 

CC : Paul Schofield 

FROM : Jeffrey S. Kurtz, Esq. 

DATE : November 27, 2012 

RE : WEP Settlement Offer of Equestrian Village Litigation 

************************************************************************************* 

The Village has received the attached offer from Wellington Equestrian Partners, LLC (“WEP”) 

and its affiliated entities to settle the Equestrian Village litigation. The offer focuses on the 

Master Plan revocation that occurred on May 22 and the revocation of the Equestrian Arena 

determination that occurred on July 14. The offer basically asks for extension of time until 

November 1, 2013 to plat the property and deletion offsite improvements for Pierson Road and 

South Shore. 

The Master Plan revocation is the subject of two cert petitions. One filed by the WEP interests 

and one filed by White Birch. The Village’s response to the WEP cert petition is currently due 

on December 3, 2012. The Village’s response to the White Birch cert petition is currently due 

on December 12, 2012. The order with respect to the Equestrian Arena revocation has not yet 

been rendered so the time for filing a cert petition and challenging that determination has not 

accrued. 

The suggested settlement request the Council to reconsider and reapprove the Master Plan 

eliminating conditions 4, 5 and 6. Conditions 4, 5 and 6 deal with the construction of a 15 foot 

bridle path improvements to the intersection and signalized horse crossings at Pierson Road and 

South Shore Blvd. These conditions were originally anticipated to be completed by November 

1, 2012. We have attached a copy of the Resolution approving the Master Plan Amendment and 

through interlineation shown how the approval would be revised if the Council considered and 

approved of the Master Plan as suggested by WEP. The time to record the plat would be 

extended until November 1, 2013.


With respect to the Equestrian Arena approval and compatibility determination WEP seeks 

reinstitution of the approval with the deletion of conditions 3, 27, 28, 24 and modification of 

conditions 8, 26, 30 and 35. This in essence would allow the two barns and other components 

already constructed, leave the access point at its current location, not require offsite road 

improvements, extend time for completion and allow usage of temporary tents. Deletion of 

condition 3 which had to do with a variance for a lot set back which is no longer needed because 

WEP controls the entire site and is not planning on platting a separate parcel. At the same time, 

because the condition would only come into effect if a separate parcel was platted, there is really 

no need to alter the condition. Condition 26 deals with improvements to the current driveway 

into the parcel and the suggestion is to extend the date from November 1, 2012 to November 1, 

2013 for construction to be completed. WEP suggests deletion of condition 27 which is 

improvements to the Pierson Road driveway, deletion of condition 28 which is a requirement for 

the eastbound left turn lane to be improved on Pierson Road, the deletion of condition 29, 

which once again has to do with the improvements to Pierson Road and South Shore Blvd. 

They request extensions of time by condition 30 and 35 so the time for the queuing analysis 

extended to November 1, 2013 and similarly extending the time to replat the property to 

November 1, 2013. A copy of the previous approval with the revised conditions shown by 

interlineation is attached. Through conversations with Mr. Rosenbaum, they have clarified they 

still want the Pierson Road entrance on to their property. The entrance would be located at its 

current location and any requirement for turning lanes and offsite improvements would be 

eliminated. 

As the Council is aware it is and continues to be my recommendation that there should be no 

predetermination of any outcome with respect to the proposed master plan or equestrian arena 

compatibility determination and that should Council wish to reconsider this matter, the 

appropriate way to do it would be to have a re-hearing with respect to the 5.9 proceedings. We 

are discussing with Mr. Rosenbaum how this could be procedurally accommodated if the 

Council was of the mind to consider the settlement offer. Our office will report to you further 

on that matter. 

The offer was received on the afternoon of November 19 th and it was the Manager’s 

determination that there was insufficient time to educate the Council on the issues involved in 

the settlement offer prior to the November 27 th Council meeting, therefore it is currently 

scheduled to be discussed at your December 11 meeting. In light of that circumstance, I have 

made a request to Mr. Rosenbaum for an extension of time in which to respond to their cert 

petition until December 28, 2012. Should you have any questions concerning this proposed 

settlement, please do not hesitate to contact our offices. 

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Revised as suggested by Dan 

Rosenbaum letter of November 19, 

2012 settlement proposal. 


A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING THE 

MASTER PLAN AMENDMENT PETITION NUMBER 2011-033 MPA1, ALSO KNOWN 

AS EQUESTRIAN VILLAGE MASTER PLAN AMENDMENT TO MODIFY THE 

WELLINGTON PLANNED UNIT DEVELOPMENT FOR AN APPROXIMATE 96.3 

ACRE PORTION OF TRACT 30C TO INDICATE TRACT 30C-2 AS 16.5 ACRES, 

TRACT 30C-3 AS 43.0 ACRES AND TRACT 30C-4 AS 36.8 ACRES, CHANGING 

THE DESIGNATION OF THE THREE TRACTS FROM POLO AND TENNIS FACILITY 

TO COMMERCIAL RECREATION/COMMERCIAL EQUESTRIAN ARENA (TRACTS 

30C-2 AND 30C-3) AND COMMERCIAL RECREATION/POLO FACILITY (TRACT 

30C-4), ADD TWO ACCESS POINTS ON THE NORTH SIDE OF PIERSON ROAD 

AND A NEW ACCESS POINT ON THE EAST SIDE OF SOUTH SHORE 

BOULEVARD FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 

PIERSON ROAD AND SOUTH SHORE BOULEVARD; PROVIDING A CONFLICTS 

CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE 


WHEREAS, the Wellington’s Council, as the governing body of Wellington, 

Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and 

the Wellington Land Development Regulations are authorized and empowered to 

consider petitions related to zoning and development orders; and 

WHEREAS, the notice of hearing requirements as provided in Article V of the 

Land Development Regulations, as adopted by Wellington, have been satisfied, and; 

WHEREAS, the Master Plan Amendment was reviewed and certified by the 

Development Review Committee as of November 28, 2011; and 

WHEREAS, the Master Plan Amendment was reviewed and recommended for 

approval 4-0 by the Equestrian Preserve Committee on December 14, 2011; and 

WHEREAS, the Master Plan Amendment was reviewed and recommended for 

approval 6-1 by the Planning, Zoning and Adjustment Board on January 4, 2012; and 

WHEREAS, the Wellington’s Council has considered the evidence and testimony 

presented by the Petitioner and other interested parties and the recommendations of 

the various Wellington review agencies and staff; and 

WHEREAS, the Wellington’s Council has made the following findings of fact: 

1. The Master Plan Amendment is consistent with the Comprehensive Plan; 

2. The subject request is consistent with the stated purposes and intent of 

the Land Development Regulations;

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3. The requested Master Plan Amendment is consistent with the surrounding 

land uses and zoning districts; 

4. The requested Master Plan Amendment requires an amendment to the 

Planned Unit Development Master Plan; 

5. No adverse impacts to the natural environment are expected to occur as a 

result of the approval of the request; 

6. The requested Master Plan Amendment would result in a logical and 

orderly development pattern; 

7. The requested Master Plan Amendment is consistent with the applicable 

Equestrian Overlay Zoning District neighborhood plan; and 

8. The requested Master Plan Amendment complies with Article 11, 

Adequate Public Facilities. 

NOW, THEREFORE, BE IT RESOLVED BY THE WELLINGTON, FLORIDA’S 

COUNCIL, THAT: 

SECTION 1. The foregoing recitals are hereby affirmed and ratified. The 

Equestrian Village Wellington Planned Unit Development Master Plan Amendment, is 

hereby APPROVED as described in Exhibit “A”, subject to the conditions of approval 

contained herein, which are in addition to the general requirements otherwise provided by 

this resolution. 

1) This approval is based on Master Plan date stamped December 1, 2011. 

2) All previous conditions to the Wellington PUD not specifically amended by this 

request are still in effect. 

3) The proposed northern South Shore Boulevard driveway to Parcel 30C-2N shall 

not be constructed until the driveway to Parcel 30C-1 is closed. In the event of 

the driveway closure on Parcel C-1, the owner of C-2 shall be required to grant a 

cross access easement to C-1, allowing C-1 traffic access to the new driveway 

on C-2, should the owner of C-1 want such access. Until such time as the new 

driveway on C-2 is constructed, the applicant shall present an acceptable 

alternate on site traffic flow pattern to Village staff, which shall be subject to 

Development Review Committee approval at the time of final site plan approval. 

4) A minimum 15 feet wide bridle path with appropriate crossings at the project 

driveways shall be regraded and provided on the north side of Pierson Road for 

approximately 3,200 feet from South Shore Boulevard to the horse crossing on 

Pierson Road at Southfields Road. Construction shall be completed prior to 

November 1, 2012. (TRAFFIC) 

5) Signalized horse crossings with advance pavement markings and signage shall 

be provided at Pierson Road and South Shore Boulevard intersection and on

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Pierson Road at the Southfields Road intersection. Construction shall be 

completed prior to November 1, 2012.(TRAFFIC) 

6) The bridle path in Condition 4 shall be installed in accordance with Wellington 

standards as approved by the City Engineer. 

7) The proposed plat of the 96.3 acre property shall be recorded prior to April 1, 

2012 November 1, 2013. 


PASSED AND ADOPTED this _____ day of _________________, 2012. 

RENDERED the ______ day of ___________________, 2012. 


BY: __________________________ BY:_______________________________ 

Awilda Rodriguez, Clerk Bob Margolis, Mayor 


LEGAL SUFFICIENCY: 

BY: __________________________ 

Jeffrey S. Kurtz, Attorney

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Exhibit “A” 

Master Plan

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Revised as suggested by Dan Rosenbaum 

letter of November 19, 2012 settlement 

proposal. 


A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL, 

APPROVING A COMPATIBILITY DETERMINATION PETITION 

NUMBER 2011-033 CU1, ALSO KNOWN AS EQUESTRIAN VILLAGE 

TO PROVIDE A COMPATIBILITY DETERMINATION FOR A 

COMMERCIAL EQUESTRIAN ARENA IN THE URBAN SERVICE AREA 

WITH RECOMMENDED CONDITIONS TO MITIGATE POTENTIAL 

INCOMPATIBILITY ISSUES AND PROVIDING STANDARDS, 

PROVIDING A CONFLICTS CLAUSE; PROVIDING A REPEALER 

CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN 


WHEREAS, the Wellington’s Council, as the governing body of Wellington, 

Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and 

the Wellington Land Development Regulations are authorized and empowered to 

consider petitions related to zoning and development orders; and 

WHEREAS, the notice of hearing requirements as provided in Article V of the 

Land Development Regulations, as adopted by the Wellington, have been satisfied, 

and; 

WHEREAS, the Commercial Equestrian Arena Compatibility Determination 

Application was reviewed and certified by the Development Review Committee as of 

November 9, 2011; and 

WHEREAS the Commercial Equestrian Arena Application was reviewed by the 

Equestrian Preserve Committee on December 14, 2011 and recommended for approval 

(4-0); and 

WHEREAS the Commercial Equestrian Arena Application was reviewed by the 

Planning Zoning and Adjustment Board on January 4, 2012 and recommended for 

approval 7-0; and 

WHEREAS, Wellington’s Council has considered the evidence and testimony 

presented by the Petitioner and other interested parties and the recommendations of 

the various Wellington review agencies and staff; and 

WHEREAS, Wellington’s Council has made the following findings of fact: 

The Commercial Equestrian Arena property possesses a Commercial Recreation 

Future Land Use Map designation and an Equestrian Overlay Zoning District 

designation, Wellington’s Land Development Regulations (LDR’s) Section 6.4.4.41 

states a Commercial Equestrian Arena is permitted subject to a compatibility analysis 

since the property is within Wellington’s Urban Service Area (USA)

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1. The Equestrian Village Commercial Equestrian Arena of is consistent with 

the Comprehensive Plan; 

2. The subject request is consistent with the stated purposes and intent of 

the Land Development Regulations; 

3. The Equestrian Village Commercial Equestrian Arena is consistent and 

compatible with the surrounding land uses and zoning districts; 

4. No adverse impacts to the natural environment are expected to occur as a 

result of the approval of the request; 

5. The Equestrian Village Commercial Equestrian Arena development would 

result in a logical and orderly development pattern; 

6. The applicable Equestrian Overlay Zoning District hours of operation shall 

be modified as set forth herein ; and 

7. There exist Adequate Public Facilities to support the Commercial 

Equestrian Arena. 


COUNCIL, THAT: 

SECTION 1. The Equestrian Village Compatibility Determination for the 

Commercial Equestrian Arena, is hereby APPROVED/DENIED as described in 

Exhibit “A”, subject to the conditions of approval contained herein, which are in 

addition to the general requirements otherwise provided by this resolution. 

Conditions of Approval: 

Staff recommended approval conditions are as follows: 

1. Commercial Equestrian Arena hours of operation shall be limited from 7:00 am 

to 10:00 pm. 

2. The Commercial Equestrian Arena site plan shall be revised to indicate the 

location of accessory commercial activities in designated hospitality and vendor 

areas. 

3. If the proposed plat for Commercial Equestrian Arena indicates a separate 

parcel for the existing Cell Tower, a variance will be required for riding and 

show rings located within 100 feet of any property line. In that event,

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Developer shall submit by May 1, 2012 an application for a Variance seeking 

relief from the required 100 feet setback from the cell tower to the Covered 

Equestrian Ring 

4. All parking lot lighting shall be limited to a maximum of 15 feet in height. 

5. Use of portable generators is prohibited unless “Quiet Pack” generators are 

utilized and all generators shall be located away from the residences. 

6. The use of amplified sound systems and equipment including (radio, IPod or 

similar devices with auxiliary speakers, record players, similar music devices) 

or televisions are prohibited in permanent barns or temporary stabling tents 

except to advise riders and exhibitors of upcoming competitive events. 

Eelectronic listening devices may be used with earphones. 

7. For monitoring purposes, properly identified Wellington staff including Building 

Inspectors, Code Compliance Officers and PZB staff shall be allowed 

unrestricted access to the site. 

8. The two existing barns are approved where they are currently located and 

constructed. WEP is authorized to install and use temporary tents at the 

location of the third and fourth barn sites for ad hoc stabling of horses and/or 

related accessory equestrian activities. If used for stabling horses, it shall only 

be used after the two permanent barns are full. A third permanent barn, if 

requested by the Applicant, shall be subject to Village Council approval. Only 

the three western most barns may be constructed at this time. After the 

commercial equestrian arena has been operating for at least a full year, the 

owner of the commercial equestrian arena may submit a petition requesting the 

construction of a fourth barn. The location of this barn shall be subject to the 

approval of Wellington’s Council after a public hearing, following the same 

procedures required for review of a commercial equestrian arena. 

ENVIRONMENTAL 

9. All hoses and hose bibs shall be equipped with an automatic shut off nozzle to 

restrict water flow. 

10. Filter fabric or similar equipment to reduce debris from entering the storm water 

system shall be installed and maintained or replaced as necessary or as 

directed by Wellington. 

11. All facilities, operations and improvements on the site shall comply with the 

most recent Best Management Practices (BMPs).

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12. Approved horse hair separators shall be used on horse wash facilities, laundry 

facilities and equestrian support facilities as required prior to discharge into the 

public sanitary sewer collection system. 

13. Manure shall be removed from the premises on a daily basis and disposed in a 

manner approved by the Palm Beach County Health Department. Manure 

shall be collected and transported by a registered commercial livestock waste 

hauler or registered livestock self-hauler. Owner/Operator shall coordinate with 

Engineering Division to register the name of the manure hauler annually prior 

to November 1 st . Manure shall be removed daily during major events. 

14. Livestock waste storage structures shall be elevated in accordance with BMP 

regulations and shall comply with the design standards of Chapter 30, Article 

V, of the Wellington’s Code of Ordinances. 

15. Livestock waste storage structures shall be constructed so that no rainfall is 

allowed to enter and no liquid is released. Temporary tents may be utilized as 

covers for the waste storage structures, as approved by Wellington’s BMP 

Officer and the Building Division. 

BUILDING AND FIRE RESCUE. 

16. The applicant shall obtain permits for all structures and tents in accordance 

with Florida Building Code and including the Fire Code. 

17. All tents shall be inspected by the Palm Beach County Fire Rescue 

Department (PBCFRD) for compliance with applicable Federal, State, County, 

or Municipal fire protection standards. Tents shall be inspected and approved 

prior to occupancy. 

18. All food vendor tents and facilities shall be inspected, as applicable by 

Wellington, PBCFRD and the Palm Beach County Health Department 

(PBCHD) prior to beginning operations. 

VENDORS. 

19. Applicant shall submit a list of all proposed vendors two weeks prior to major 

events. All vendors shall also obtain a Business Tax Receipt (formerly 

Occupational License) from Wellington if required prior to selling or offering 

services for more than a two week period. 

20. Vendors selling food shall obtain PBCHD inspection and approval prior to 

commencing sales. 

SANITARY SERVICES.

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21. Applicant shall provide handicap accessible sanitation facilities and portable 

sanitation stations throughout the Commercial Equestrian Arena show grounds 

for peak events as noted on the site plan. The applicant and Wellington shall 

continue a cooperative effort in the collection and disposal of recyclable 

materials. 

TRAFFIC 

22. Petitioner shall ensure the proposed 400 stalls shall be limited to on-site use by 

exhibitors and participants of this Commercial Equestrian Arena only. 

23. No weekday events at the commercial equestrian arena shall begin before 10 

am or between 4pm and 6pm. No weekday events at the commercial 

equestrian arena shall end between 4pm and 6pm. Petitioner may resubmit an 

updated Traffic Study based on seasonal peak periods and scheduled events 

to demonstrate these additional weekday events are insignificant and may be 

allowed without a limitation by condition of approval. 

24. In order to comply with the mandatory Traffic Performance Standards, in place 

at the time of this approval, no building permits for the site shall be issued after 

December 31, 2016. A time extension for this condition may be approved by 

the County Engineer based on an approved Traffic Study which complies with 

the mandatory Traffic Performance Standards in place at the time of the 

request. 

25. The County traffic concurrency approval is subject to the Project Aggregation 

Rules set forth in the Traffic Performance Standards Ordinance. 

26. The existing South Shore Boulevard driveway to the property shall be 

maintained or improved to include the following: 

A minimum 100 foot throat distance measured from the right-of-way on 

South Shore Boulevard. 

Egress lane at a minimum of 12 feet. 

Ingress lane at a minimum of 14 feet. 

Minimum pavement return radii of 40 feet. 

Construction shall be completed prior to November 1, 2012November 1, 2013. 

27. The proposed Pierson Road driveway to Parcel 30C-3 shall be constructed to 

include the following:

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A minimum 50 foot throat distance measured from the edge of pavement on 

Pierson Road. 

Dual egress lanes at a minimum of 12 feet each with appropriate marking. 

Ingress lane at a minimum of 12 feet. 

Minimum pavement return radii of 35 feet. 

Located no closer than 660 feet from the edge of pavement of South Shore 

Boulevard. 

Construction shall be completed prior to November 1, 2012. 

28. Prior to August 1, 2012, construction shall begin for the following turn lane: 

Eastbound left turn lane at the proposed Pierson Road driveway to Parcel 

30C-3 with a minimum of 280 feet of storage and a 50 foot taper. 

Construction of the turn lane shall be completed prior to November 1, 2012. 

29. Prior to August 1, 2012, construction shall begin on the east and west 

approaches of the intersection of Pierson Road and South Shore Boulevard. 

At a minimum, the geometry of the intersection shall include the following: 

East Approach West Approach 

Separate left turn lane with 280 feet of Separate left turn lane with 370 feet of 

storage 

storage 

Shared through and right turn lane Shared through and right turn lane 

Construction of these improvements shall include any required signal modifications 

and right-of-way acquisition. Construction shall be completed prior to November 1, 

2012. 

30. Prior to August 1, 2012November 1, 2013, the applicant shall submit a 

queuing analysis of the southbound left turn lane on South Shore Boulevard for 

the existing driveway to the property and the northbound left turn lanes at the 

intersection of Greenview Shores Boulevard and South Shore Boulevard. The 

analysis will be based on existing peak season counts and queuing data. If 

deficiencies are found for either turn lane, the turn lane shall be extended. The 

monitoring shall continue on an annual basis until 24 months after the last 

Certificate of Occupancy for the project. If the queues ever cannot be 

accommodated, no additional building permits shall be issued. 

TRAFFIC AND PARKING 

31. Traffic and parking control attendants may be employed on-site for non-peak 

events. PBSO shall be provided on-site during peak events expected to draw

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more than 1,000 spectators. PBSO shall be provided with anticipated start and 

stop times for the event along with the estimated number of participants and 

spectators at least two weeks prior to the peak events. 

32. Adequate ingress and egress directly to and from South Shore Boulevard and 

Pierson Road shall be maintained at all times and shall not disrupt normal 

traffic circulation patterns. 

33. Regardless of the number of rings, arenas or venues operating, the maximum 

number of spectators permitted at the commercial equestrian arena at any time 

is 3,500 persons. 

SIGNS 

34. The owner shall submit a Master Sign Plan for review and approval by staff 

and Wellington’s Architectural Review Board (ARB). 

PLATTING 

35. The owner shall record the plat of the 59.3 acre property for the Commercial 

Equestrian Arena prior to March 31, 2012November 1, 2013. 

INFRASTRUCTURE 

36. Any improvements within easements to be dedicated to Wellington or within 

public canals and/or road right of ways shall require 110% surety prior to 

commencement of construction. (ENGINEER) 

SITE DESIGN 

37. The Commercial Equestrian Arena and all permanent structures shall be 

subject to Section 6.5.19.I Design Standards and Section 6.10.11 Commercial 

Development Standards in the Equestrian Overlay Zoning District.

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COUNCIL that: 

SECTION 2. The foregoing recitals are hereby affirmed and ratified. 

PASSED AND ADOPTED this _____ day of _____________________, 2012. 

RENDERED the _______ day of _______________________, 2012. 


By: ____________________________ By: ______________________ 




By:_____________________________ 

Jeffrey S. Kurtz, Attorney for Wellington








8. C 




AGENDA ITEM NAME: DIRECTION TO THE MANAGER REGARDING THE PROVISION OF 

LEGAL SERVICES 





FIRST READING 


REQUEST: Staff is seeking direction to the Manager to negotiate for interim legal representation. 

EXPLANATION: At the November 13, 2012 meeting, Council voted to terminate our existing legal 

services agreement with the Law Offices of Glen J. Torcivia, P.A. A copy of Resolution No. 2008- 

65, which appointed Mr. Kurtz as both counsel to the Village of Wellington and to ACME 

Improvement District is attached. 

Council has several options for the provision of interim legal services. They include continuing with 

Torcivia, P.A. or choosing other representation. We have received an expression of interest from 

other firms: 

Greenspoon Marder (Donald Dufresne) 

Ward, Damon, Posner, Pheterson & Blue (Michael J. Posner) 

Brandenburg & Associates P.A. (Gary Brandenburg) 

Council could choose to continue with Torcivia, P.A. and, if that is the recommendation, staff 

suggests that the existing contract be the basis of compensation. Council could also select another 

firm and, if that is the recommendation, staff asks that the Manager be directed to negotiate an 

agreement for interim services using the transition plan provided at the November 11 th Council 

meeting (copy attached). 

Regardless of the decision on the selection of an attorney, staff recommends that litigation counsel 

be retained. 


FISCAL IMPACT: None immediately. Recommended budget amendments will be brought to 

Council in January.



RECOMMENDATION: Council direction.


Transition Plan: 

The current contract for legal services has a termination provision that provides for a 30 day notice 

period 

Council may discuss ending the current contract and taking a different direction in the provision of 

legal services for the Village 

Should Council decide to terminate the existing contract a number of transitional items will be 

required: 

An interim Village attorney will need to be selected, this may happen at the 11/27 Council 

meeting 

During the transition period a number of services from current counsel will be required, these 

services should be: 

o Provided under the supervision of the new counsel 

o Paid for at the rates established by the existing contract and paid upon receipt of 

appropriate billing 

o The transition period should be continued until all files are brought up to date 

As a part of the transition the Village will expect: 

o That separate files on each matter worked on for the Village be provide such that they can 

be accessed in an easily understood manner and as a minimum should include: 

Correspondence files 

Background/research files 

Action files 

o Draft and submit all resolutions and other actions taken by the Village but not yet signed 

o Placement of all paperwork in you Village office in their appropriate files so that they can be 

cataloged and indexed 

o Litigation Files: 

Bring all files current with complete pleading clips, correspondence folders, research, 

background materials and any other relevant documents 

Cooperation with successor counsel to explain the status of each matter, brief counsel 

on the strategy decision previously taken and on the objectives that have governed each 

case 

Participate in briefing sessions with successor counsel once files are brought current 

Prioritize each case so that those requiring more immediate attention can be 

transitioned more quickly 

o Final Billing 

That as soon as practical, final billing for all matters be brought up to date 

That a schedule of projected costs be developed for review by successor counsel.

Council Meeting Agen.. - Wellington

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