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
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EXHIBIT B
Site Plan
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8
EXHIBIT C
Roadway Improvements
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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