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R24-209 1 RESOLUTION NO. R24-209 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE FULL RELEASE OF SURETY AND 5 AUTHORIZING THE RETURN OF THE PERFORMANCE BOND NO. 6 PB12270900120 TO ISRAM RIVERWALK, LLC FOR THE RIVERWALK 7 PLAZA PROJECT NO.19-2505; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, pursuant to City Code of Ordinances Article III. Sec. B. a 110% performance 10 bond for the Land Development Permit was collected for Riverwalk Plaza Project No. 19-2505, 11 based on the cost estimate of the duly licensed professional in the State of Florida for the paving, 12 grading, and drainage improvements. From time to time, during the work progress, the developer 13 may request a reduction in the dollar amount of the surety based on the work completed. Still, in 14 every case, the remaining funds shall be sufficient to cover one hundred ten percent (110%) of 15 the cost of completing the obligation. In the case of surety for required improvements associated 16 with subdivision development, five percent (5%) of the engineer's certified cost of required 17 improvements shall be retained for one (1) year after acceptance of such improvements by the 18 City Commission as a guarantee against defects in workmanship and material; and 19 WHEREAS, the Surety in the form of a Performance Bond, No. 12270900120, in the 20 amount of$1,823,110.39 was posted in June 2019; and 21 WHEREAS, the surety was reduced to $673,500 in January 2021; and 22 WHEREAS, the work was substantially completed in July 2023, and the one (1) year 23 warranty period has expired; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the city's citizens and residents to approve the full release of surety and authorize 26 the return of the Performance Bond No. PB12270900120 to Isram Riverwalk, LLC for the Riverwalk 27 Plaza Project No.19-2505. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby approves 34 a full release of surety and authorizes the return of the Performance Bond No. PB12270900120 to 35 Isram Riverwalk, LLC for the Riverwalk Plaza Project No.19-2505. 36 SECTION 3. This Resolution shall take effect in accordance with law. 37 38 1,2 39 PASSED AND ADOPTED this day of r 2024. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES —NO 42 Mayor–Ty Penserga 43 44 Vice Mayor–Aimee Kelley 45 46 Commissioner–Angela Cruz 47 48 Commissioner–Woodrow L. Hay 49 50 Commissioner–Thomas Turkin 51 52 VOTE 53 ATT• T: 54 55 1 �_hi f • 56 Mayle= D -sus, MPA MC T - -Kers ry z2 57 City Cl-r0,:cYNTON May. 58 ,776\ �F�RgTF•�F ��� 59raf SEA C' ,� APPROVED AS TO FORM: 60 (Corporate Seal) �� INCORPORATED. 61 192062 Itt ......... Aaaig 6 63 �� FLORvo= Shawna G. Lamb 64 City Attorney