Loading...
R26-018 RESOLUTION NO. R26-018 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A DEVELOPER'S AGREEMENT 4 BETWEEN THE CITY AND PULTE HOME COMPANY, LLC FOR PULTE 5 COTTAGE DISTRICT IPUD; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Pulte Home Company, LLC ("Developer") is the owner of the property 8 generally located between NE 5th Avenue and NE 4th Avenue and between Seacrest Boulevard 9 and NE 1st Street; and lo WHEREAS, Developer purchased the property from the Boynton Beach Community Redevelopment Agency("CRA")and is working with the Boynton Beach CRA to develop affordable 12 housing consistent with the City and CRA's mission; and 13 WHEREAS, Developer has proposed redeveloping the Subject Property as an IPUD 14 residential development known as Pulte Cottage District IPUD (the "Project") as depicted on that 15 certain site plan prepared by WGI. The Project will include 19 single-family detached homes, 22 16 multi-family townhomes (4 buildings total), a pocket park, a private roadway, and dry detention; 17 and is WHEREAS, in accordance with the conditions of Pulte Cottage District Site Plan approval 19 per Development Order NWSP-2023.06.4139, the Developer and the City shall share the cost for 20 the milling and resurfacing of the entire width of NE 4th Avenue, NE 1st Street, and NE 5th Avenue 21 abutting the Subject Property; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to approve a Developer's Agreement between 24 the City and Pulte Home Company LLC for Pulte Cottage District IPUD. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve a Developer's Agreement between Pulte Home Company LLC and the City for Pulte RESOLUTION NO. R26-018 32 Cottage District IPUD (the "Agreement"), in form and substance similar to that attached as Exhibit 33 A. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 35 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 36 ancillary documents required under the Agreement or necessary to accomplish the purposes of 37 the Agreement and this Resolution. 38 SECTION 4. Upon execution of the Agreement by the City, the City Clerk shall record 39 the Agreement in the Public Records of Palm Beach County. The City Clerk shall provide a copy 40 of the recorded Agreement to Shiloh Toler to forward to the Developer. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 43 [signatures on the following page] 44 45 RESOLUTION NO. R26-018 46 PASSED AND ADOPTED this (_3 day of A)vu 2026. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YE, NO 49 Mayor- Rebecca Shelton 50 t/ 51 Vice Mayor-Woodrow L. Hay 52 53 Commissioner-Angela Cruz 54 55 Commissioner-Thomas Turkin 56 57 Commissioner-Aimee Kelley 58 _-__D59 VOTE 601)": A __Ik__ 61 I F4. g ---- 62 63 Mayle: Del-sus, MPA MMC Rebecca Shelton 64 City Clerk _ �` Mayor 65 ---(ON Bk-A`‘, 4' ..•..•, �c 66 ;co .18CA ,,.•... ++++ APPROVED AS TO FORM: 67 (Corporate Seal) it ��)liss\- 's t, 6s NAid/A 0V/77,6‘7-)••• e ?=%: 1 69 ++ ,\ . Q'1 70 '+,` ' 1'••••••F*.0c��_,e Shawna G. Lamb 71 .` = City Attorney Return to and prepared by: City of Boynton Beach 100 E.Ocean Avenue Boynton Beach,FL 33435 DEVELOPER'S AGREEMENT Pulte Cottage District 127 N.E. 4th Avenue Boynton Beach,FL 33435 PCN: 08-43-45-21-29-003-0034 THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of , 2026, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation(the"City")whose address is 100 E.Ocean Avenue,Florida 33435, and Pulte Home Company LLC, a Michigan limited liability company ("Developer") whose address is 1475 Centrepark Boulevard, Suite 140, West Palm Beach, FL 33401. RECITALS: A. Pulte Home Company,LLC is the owner of the property generally located between NE 5th Avenue and NE 4th Avenue and between Seacrest Boulevard and NE 1st Street as further depicted in Exhibit A(the"Subject Property"). B. Developer purchased the property from the Boynton Beach CRA and is working with the Boynton Beach CRA to develop affordable housing consistent with City and CRA's mission. C. Developer has proposed to redevelop the Subject Property as an IPUD residential development known as Pulte Cottage District IPUD (the "Project")as depicted on that certain site plan prepared by WGI and shown on Exhibit B. The Project will include 19 single family detached homes,22 multi-family townhomes(4 buildings total), a pocket park,a private roadway, and dry detention. D. In accordance with the conditions of Pulte Cottage District Site Plan approval per Development Order NWSP-2023.06.4139, the Developer and the City shall share the cost for the milling and resurfacing of the entire width of NE 4th Avenue,NE 1st Street,and NE 5th Avenue abutting the Subject Property, as further depicted in Exhibit C. E. The City and Developer desire to set forth the following special terms and conditions with respect to the development of the Project and reimbursement for certain improvements as provided for herein. 1 NOW, THEREFORE, for and in consideration of the above premises, the promises and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Developer and the City agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein as material provisions of this Agreement. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. (a) Construction of Roadway Improvements. The Developer is responsible for performing 1" minimum milling and resurfacing the full width of NE 4th Avenue, NE 1S Street, and NE 5th Avenue adjacent to the project boundaries, as identified on drawings Exhibit C (the "Roadway Improvements"). The total construction cost of the Roadway Improvements is to be determined based on the actual costs of the work. A cost estimate prepared by the Developer's engineer is attached as Exhibit D. The City shall reimburse Developer an amount not to exceed $200,000.00 for the City's portion of the Roadway Improvements as depicted identified in Exhibit C. If the actual costs exceed this amount, such further reimbursement shall require approval of the City Commission. (b) Reimbursement. On or before thirty (30) days after the date of invoicing (including evidence of payment and acceptance), the City shall reimburse the Developer for the Roadway Restoration Improvement Share. The reimbursement will be a one-time payment by the City after final acceptance of the work, including completion of punch list items, final as-built drawing and Bill of Sale. 4. Time Period. This Agreement shall terminate on the date on which full reimbursement payment has been indefeasibly paid in full by City. Any provision of this Agreement that imposes a maintenance obligation for Developer and its successors after the expiration of this Agreement shall survive the expiration of this Agreement. 5. Binding Effect and Successors. This Agreement shall run with the Subject Property and the rights and the obligations under this Agreement shall benefit, burden, and bind the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the Developer shall be and remain liable for performance of the obligations under this Agreement until such time as a written release is obtained from the City, in the City's sole discretion; provided, however, in the event all obligations under this Agreement have been completed, no such release shall be required.Excluding the City and any homeowner who is conveyed a lot within the Project after a certificate of occupancy is issued for a dwelling unit on such lot, Developer and all transferees,transferor,grantees,grantors,assignees,and assignors relating to the Subject Property are jointly and severally liable for the Developer's obligations under this Agreement. The rights granted to Developer under this Agreement relate specifically to the Subject Property and are not permitted to be transferred to any other property. 2 6. Validity. If any portion of this Agreement is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the Agreement shall continue in full force and effect. 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Developer at the addresses first appearing above,or at such other addresses designated in writing by the party to receive notice. Notices shall be either: (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case they shall be deemed delivered on the date of delivery; or(ii) sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or intentionally delayed by the addressee, in which event they shall be deemed delivered on the date of deposit in the U.S. Mail. 8. Attorney's Fees.In any lawsuit between the parties to this Agreement arising from this Agreement, each party shall bear their own respective attorneys' fees and costs. 9. Entire Agreement. This Agreement embodies the entire understanding of the parties with respect to the matters specifically enumerated herein, and all negotiations, representations, warranties and agreements made between the parties are merged herein. The making, execution and delivery of this Agreement by all parties have been induced by no representations, statements, warranties or agreements that are not expressed herein. There are no further or other agreements or understandings, written or oral, in effect between or among the parties related to the subject matter hereof. 10. Interpretation. None of the parties shall be considered the drafter of all or any portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 11. Local Development Approvals and Permits.Notwithstanding anything herein to the contrary, all development of the Project shall be in compliance with all applicable federal, state,county,and municipal laws and ordinances,rules,and regulations(including,but not limited to,the City's land development regulations,zoning requirements,and comprehensive plan).Unless expressly authorized or granted herein,nothing in this Agreement shall constitute or be deemed to constitute or require the City to issue any approval by the City of any rezoning, Comprehensive Plan amendment, variance, special exception, fmal site plan, preliminary subdivision plan, final subdivision plan, building permit, grading, stormwater drainage, engineering, or any other land use or development approval. Nor shall this Agreement be deemed to reduce, eliminate,derogate from,or otherwise adversely affect any such approvals,permissions,or rights.These and any other required City development approvals and permits shall be processed and issued by the City in accordance with procedures with respect to same as otherwise set forth in the City's Code of Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall constitute or be deemed to constitute a limitation, restriction, or any other type of waiver of Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special 3 exception, site plan,preliminary subdivision plan,final subdivision plan, or any other land use or development approval. 12. Authority. Each party represents and warrants to the other parties that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement,that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the execution of this Agreement by all parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest and assigns. 13. Effective Date. This Agreement shall become effective upon execution by all parties(the "Effective Date"). 14. Amendment.This Agreement may be amended, modified, or cancelled by mutual consent of the parties hereto as represented by a written document executed by the City and the Developer. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County, Florida. 16. Recording. Within fourteen(14)days after the execution of this Agreement by the parties, the City shall record this Agreement with the cost thereof to be borne by the Developer. Upon payment in full in accordance with Section 3(b) above, the City shall cause a release or satisfaction of the monetary obligation to be recorded. 17. Non-Waiver of Sovereign Immunity.Nothing contained in this Agreement nor in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the State of Florida. 18. Informed Execution.This Agreement is entered into voluntarily by the Developer without duress and after full review, evaluation and consideration by the Developer. Developer is represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for review of this Agreement. 19. Captions. The captions or paragraph headings of this Agreement are provided for convenience only and shall not be deemed to explain,modify,amplify,or aid in the interpretation, or meaning of this Agreement. 20. Independent Parties. City and Developer are not partners, and this Agreement is not a joint venture,and nothing in this Agreement shall be construed to authorize the Developer to represent or bind the City to matters not expressly authorized or provided in this Agreement. [SIGNATURE PAGES FOLLOW] 4 CITY: CITY OF BOYNTON BEACH A TE` : 1/iL By: B,: 11►. /.. - Name: 'it tW cc a sN.e.t x. Name: „ITV -Dc--! U3 Title: Mo, ,�r Title:C� r ,vk, • APPROVED AS TO FORM AND LEGALITY "g0yNTONI` For the uses and reliance of the City of Boynton /c3..,zeoRATF..Fy Beach, Florida only �� : • � : INCORPORATED: 7,J d • 1920 414/114. 'w '•••.....•.••• ,/ Name: ,f4497460/;d9 6.9W149 ‘`‘. FLOROY Title: OW// 44-Aty Dated: z/z/2lv 5 DEVELOPER: Pulte Home Company LLC,a Michigan limited liability company - Cl�►1 c� Gc..Qiy� 74177,11-advia1/2.______ l F\eh�rn�r By: ftwM [.e C4 VIJ O✓1 Witness Its: OiteOtw i LA -64 DPreltino.4- PfAame: a!' Anire._ 63Aat24S/�/ Witness y STATE OF FL RIDA An,, COUNTY OF GIM Lit(h lh The foregoing instrument was executed, sworn to and ac nowledged before me by means o physical presence or ❑ online notarization, this J f� A l(pV Z I , 2026, by ,A,re t t- uU, 1 Sun as DIY MO U0 f Pulte Home Com f any,LLC,a Michigan limited liability company. She/he (check one) is personally known to me, or❑ has produced a valid driver's license as identification. L Notary siva state of Florida ► Not ublc State ed Count Aforesaid l Jessica L Oeiguidice 1 �' \ , ��r. ,` �+ 1 11 My Commission HH 386867 ► Name: SS 1 ( (.l Nt a U Expires 4/16/2027 My Commission Expires: til 1u(a,�(J 1 My Commission Number is: (i t U 1 6 EXHIBIT A Subject Property—Site Aerial Plan -NOP 7+ '` ` tit,t % �� 4 roP'et y . 4„ a '� taftg e t % I - e _ A : hC .FAv� .,/, � r APO 4 y 411 IWO I _I , - is in 1 si 4 -',610 '1:01104 .1 t' • .I.- . 14 . Ail € R, . ,c ,ice►.,.'� ' I ii� ` •i .4:.1'. i .v , t ' iZ JP ' .:- ii as yin i i t y , ( z of '1 I T x { • I i� * le lh - ., 414 41' 111111R iof Property Location Map -ac'' ► EXHIBIT B Site Plan -----------_• • _,,-i-k4;...-_----•2-- -- —T — .— - •- : _._itsylc•R_ALo.a). : --rity-it' Iti wi,--;,=- •-•.----- - --, ii) _, , i I . ,• ,, _,.., , , .. , , , , . : . . , , Hi ,_ ' .1 0 .. •• !I 1 --"^-* ' ' '' _,- -7-, . . , • __. if•1 II I , .• i ,..,77.....7771 • --•--•-••i•-•••-••::.••-7-1,"---"--i 3----11'L...-.;-........'..._z - 4 ; , 1 : I i ' 1 __ _.;• 1 •• I • ...1-/n , -, I I 1 1 , 111 ; ;-. 4 • i. -+ i! 1 .PI '. ....,7"P! r•J .i --: - _ fig: .;•,. • I t.....--; 1 --L. I I - I .•Ir I „ , 04 1 1. : . r 041 • ;$ li 1 A... • ! Di i i I. ...! -1— I • , e • , • 1."— j ——I 1 ; I .'I li'i i I' r•--- • • ,I ifq : I • r----1-' . 114 1 Dil ; WI 1.„...., •1 i 11!110H . "I gpt 1 1 ill • ;_ LI-- I - - :.IT- ! • 1 i "&-•-•,,-:_,)....!—i. _. , .,--; -_ . ----- - / . - ___ , • ; ,.. ... - 1),• —.. Imolai • , . • ----, a ._.1.—Ti_i.—...4 s•--••— : • . 1 I i . ql .11 id"Ir Milli lig Rill I . 1 1 11 Ni ii 1 i 1 IP,1 i'l 1.ttlf t',I1.4. t 1 1 111111 p 1 I I)!it !o thitill.,I: 4111 ill 1 hill! I iii,i )141, 1 ' 111 Iiii I I! " )' 11 • 1 11 , !'ii,•)- Hi i I; ippliii !ill 1.1 , • ; - 1 .;'i! •Oi -; iii ith' q .Pitl s..k. 2ii 14 lid 13:ti 5 ci 170:NOtiftOrmOrliCioA -- --.. -OM 41.70 r • -. -.' .:-.7" ::".. '....7.:4:..7.:;;...-z•.* 8 EXHIBIT C Roadway Improvements i a Ar -.... OCATI�.>,.� 11111E • ik . , ._ ‘ ,. , ....,, . bo,,,,,, , .. „• ,, ... i „ i . .�• ...-,. _. I Vis,.. j ,t t ,q i r--I3 s:- .. n , it ', ., . EC - mamg y I. I i , 5 J r +� •u _ r_� i 1 I Y1 fit. ,. -Niti _ l r =-.--.. — :,,3, N ELDi - • r . I � .r _ --- ill _II _mill&overlay @ OWNER/DEVELOPER'S cost _mill&overlay @ CITY's cost 9 EXHIBIT D Engineer's Cost Estimate CAULFIELD&WHEELER,INC. 7391-A West Palmetto Perk Road.Bots Rata+,Acrid.33433•(561)392-1991•FAX(661)760-1462 Instrument No.: Permit No. Surety Amount: Job No.: 9084 Conbd No.: Lender Pre.:•>•b.RDW Cottage Gardens-Off-Site Improvements Engineer's Opinion of Cost Boynton Beach,FL Original Cost Estimate Work Completed-to-Date Work Remaining ORIGINAL CURRENT DESCRIPTION ONTY. UNIT UNIT TOTAL ONTY.UNIT TOTAL ONTY. UNIT COST PRICE PRICE SUMMARY I.Miscellaneous $24,790.00 $24,790.00 II.Paving,Curbs,Sidewalk,etc. $285,370.00 $285,370.00 Ill.Drainage $116,435.00 $116,435.00 IV.Water Distribution $200,500.90 $200,500.90 V.Sanitary Sewer S96,746.00 $96,746.00 VI.Reclaimed Wafer $13,514.00 $13,514.00 TOTAL $737,355.90 $737,355.90 Note:Uri.,Prices(a pipe InstaEabon incudes OSHA Tench Safely Requirements Ryan D.Wheeler.PE. Date Florida P.E.No.71477 10 CAULFIELD&WHEELER,INC. 7301.A West Palmetto P•.k Rad,Bone Reim,Fbdde 33433•(681)392-1891•FM(661)750-1492 Instrurwnt No.: Permit No. Surety Amount: Job No.: 9084 Control No.: Lander Prepared by RDW Cottage Gardens-Off-Site Improvements Engineers Opinion of Cost Boynton Beach,FL Original Cost Estimate Work Completed-to-Date Work Remaining ORIGINAL CURRENT DESCRIPTION ONTY. UNIT UNIT TOTAL ONTY.UNIT TOTAL ONTY. UNIT COST PRICE PRICE I.Miscellaneous Madbaban 1 LS $7,500.00 37,50.00 1 $7,500.00 $7,500.00 Maintenance d Traffic 1 LS $3.000.0 $3,00.0 1 $3000.00 $3,00.0 Sig Force 1,970 LF $2.00 $3,940.00 1,970 320 53,940.0 Inlet Protection 8 EA $225.0 61,350.0 6 $225.00 $1,350.0 Eroslor Control Maintenance 12 MO $750.00 $9,00.0 12 $750.0 $9,00.0 SUBTOTAL $24,716.110 $24,799.00 II.Paving,Curbs,Sidewalk,etc. 12'Stabbed Subgrade 332 SY $425 $1,411.00 332 $425 $1,411.0 8•Baserock 332 SY $19.50 $6,474.00 332 519.50 66,474.0 1-11TAaphalt(2 Lion) 316 SY $16.20 $5,11920 318 $18.20 $5,119.20 7 Valley Gutter 108 IF $27.0 $2,960.80 108 627.80 $2,980.80 6'Concrete Srewaks 7,020 SF 18.50 $59,870.0 7,020 5850 $59,870.00 Nanrcap Ramps 4 EA $1,200.0 $4,80.0 4 31,200.0 $4,80.0 Pavemert Markkgs and Signage 1 LS $3,000.00 $3,000.00 1 $3,00.0 $3,000.00 Finish Swale Slopes 1,433 LF 35.0 $7,165.0 1,433 55.0 37,165.0 00-S07e Tra^.clres and FAL'Oeerlay 1 LS $194,750.0 $194,750.0 1 $194,750.0 $194,750.0 SUBTOTAL $265,370.0 $296,370.00 III.Drainage 15'HOPE 28 IF $96.0 32,680.0 28 696.00 0880.0 5x5'E>mltraSon Trerch 267 LF $325.0 $88,775.0 267 $325.0 386,775.0 Type C DBI 4 EA $8,750.0 $27,000.0 4 $8,750.0 $27,00.0 SUBTOTAL $116,436.00 $116,435.00 11 CAULFIELD&WHEELER,INC. 7301-A West Peunoao Para Rota,Boos Raton,Floods 33433'(561)392.1991'FAX(561)7541452 Instrument No.: Permit No. Surety Amount: Job No.: 9084 Control No.: Lender. Pre• .• .RDW ____ .. Cottage Gardens-Off-Site Improvements Engineer's Opinion of Cost Boynton Beach,FL Original Cost Estimate Work Completed-to-Date Work Remelning ORIGINAL CURRENT DESCRIPTION ONTY. UNIT UNIT TOTAL ONTY.UNIT TOTAL ONTY. UNIT COST PRICE PRICE IV.Water Distribution 10'PVC Water Man 1,097 LF $106.00 $115,185.00 1,097 5106.00 $115,185.00 Al Ftrfir.gs 0.7 LS $23,037.00 $16,125.90 1 $23,037.00 $16,125.90 Conned to Exiting Water Man 2 EA $6,500.00 $13,000.00 2 $8,500.00 $13,000.00 r Gate Velve&Box 1 EA $2,830.00 52,830.00 1 $2,630.00 $2,830.00 10'Gate Valve&Box 7 EA $6,280.00 $43,960.00 7 $8,280.00 $43,960.00 Fee Hydrart Assembly1 EA $9,400.00 $9,400.00 1 59,400.00 $9,40000 SUBTOTAL 8200,590.90 $200,5500.10 V.Sanit ry Satyr r PVC RS*cut) 47 LF $78.00 $3,668.00 47 $78.00 $3,668.00 Cut in Proposed Marhole 2 EA $5,500.00 811,000.00 2 $5,500.00 $11,000.00 Sanitary Sewer Linig 608 LF $135.00 $82,060.00 608 $135.00 $82,080.00 SUBTOTAL $86,746.10 096'746'10 VL Reclined Water 4'OIP Reclaimed Waver Main 40 LF $68.00 $2,720.00 40 568.00 $2,720.00 MJ Fittrgs 1.0 LS $544.00 $544.00 I $644.00 $544.00 Conned to ExIsUng Reclaimed Main 1 EA $7,500.00 $7,500.00 1 $7,500.00 $7,500.00 4'Gate Valve&Box 1 EA $2,750.00 92,750.00 1 $2,750.00 $2,750.00 SUBTOTAL $13,514.00 $13,514.00 12