Item 12 - Release of Grading Security for Kirkham Ridge Business Park
AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: Niall Fritz, Director of Development Seryices .r-
DATE: April 26, 2005
SUBJECT:
Release of Grading Security for Kirkham Ridge Business Park; G1428-03;
Don Mitchell, Kirkham Road LLC, Applicant.
APN 323-090-89
ABSTRACT
Kirkham Ridge Business Park is a project on a 6.8-acre site, located on the south side of Kirkham
Way. Grading for this project, under Grading Permit No. G1428-03, has been completed and the
applicant has requested a release of Grading Bond No. 212 52 86, in the amount of $233,500.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Don Mitchell, Kirkham Road, LLC, Applicant.
RECOMMENDATION
It is recommended that the City Council approve the release of Grading Bond No. 212 52 86, in the
amount of $233,500.
ACTION
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April 26, 2005 Item # ~
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CITY OF POWA Y
AGENDA REPORT
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of
the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulledfordiscussion,
please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting.
TO:
FROM:
Honorable Mayor and Membe~ ~e City Council
James L. Bowersox, City Man~
Niall Fritz, Director of Develop~nt Seryices P
Javid Siminou, City Engineer
Kenneth Quon, Senior Civil En Ineer ~
INITIATED BY:
DATE:
April 26, 2005
SUBJECT:
Release of Grading Security for Kirkham Ridge Busines~ Park;
G1428-03; Don Mitchell, Kirkham Road LLC, Applicant.
APN 323-090-89
BACKGROUND
Kirkham Ridge Business Park is a 34,000-square-foot, multi-tenant industrial building
project on a 6.8-acre site, located on the south side of Kirkham Way, just east of the Stowe
Drive intersection (Attachment 1). Grading for this project, under Grading Permit No.
G1428-03, has been completed and the applicant has requested a release of Grading
Bond No. 212 52 86, in the amount of $233,500 (Attachment 2).
FINDINGS
Staff concurs that the grading has been completed and constructed to City standards.
The grading securities may now be released.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
None.
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April 26, 2005 Item # \J.-
Agenda Report
April 26, 2005
Page 2
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Don Mitchell, Kirkham Road, LLC, Applicant.
RECOMMENDATION
It is recommended that the City Council approve the release of Grading Bond No.
2125286, in the amount of $233,500.
ATTACHMENTS:
1. Vicinity Map
2. Grading Bond No. 212 52 86
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April 26, 2005 Item # \;)..-
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ATTACHMENT 1
April 26, 2005 Item # \ ~
Bond No.
212 52 86
Premium
$2,522.00
Grading pennit No G1428-03
GRADING PERMIT BOND
WE, Kirkham Road, LLC
(Permittee)
as Principal, and Insurance Company of the West
organized and existing under the laws of the State of California, as Surety, are held and firmly
bound unto the City of Po way. State ofCalifomia, in the just and full sum of $
two hundred thirty three thousand fi vp. hllnnr.::..~ ::1""'.4 RQ /1 QO
U.S. Dollars ($233,500.00 ), lawful money of the United States, for the payment of which,
well and truly to be made, we find ourselves, our heirs, administrators, executors, successors and
assigns, jointly and severally, firmly and by these presents to faithfully perform the obligations
of Principal herein referenced ifPnncipal fails to perform
The conditions of the foregoing obligation is such that whereas said principal has filed or
is about to file with the City of Poway Engineer, as City Official, an application for a permit to
perform excavation or fill work, or both, within the City of Po way, County of San Diego, more
specifically described in the application for the grading permit as
Kirkham Ridge Business Park
(Name of project and short legal description of property)
Parcell, PM 5750
in accordance with the provision of the City of Poway Ordinance establishing rules and
regulations for grading within the City of Po way.
NOW, THEREFORE, if the above named principal shall well and truly comply with all
the requirements of the City of Poway Grading Ordinance and if all of the work required to be
done complies with all of the terms and conditions of the grading permit for excavation, or fill,
or both, to the satisfaction of the City Official and is completed within the time limit specified in
said grading permit then this obligation shall be void and of no effect, otherwise it shall be and
remain in full force and effect obligating Surety to perform as herein set forth
Surety agrees that should it fail to take over and diligently perform the obligation upon
Principal's default after notice and within the time specified in the notice of said default, Surety
will promptly on demand deposit with City such amount as City may reasonably estimate as the
cost of completing all of Principal's obligation Surety's obligation for payment herein shall
extend notwithstanding any controversy between Principal and City regarding Pnncipal's failure
under the obligation Principal and Surety agree that any payment by Surety pursuant to this
paragraph should be conclusively presumed between the parties herein to relieve, as demanded,
Surety's obligations herein and shall be deemed proper payment as between Principal and Surety
The said Surety, for value received. hereby stipulates and agrees that no change, extension of
time, alteratHJr\ III additions to the terms of the pern..; or to tne work or improvements to be
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ATTACHMENT 2
April 26, 2005 Item # 1 ~
Grading Permit Bond (5/83)
Page 2
performed thereunder or to the grading plans attached to said pennit shall in anywise affect the
obligations on this bond, and it does hereby waive notice of any such change, extension oftime,
alteration or additions to the terms of the pennit or to the work or improvements or to the plans.
In the event suit is brought upon this bond by the City and judgment is recovered. the Surety
shall pay aU costs incurred by the City in such suit, including a reasonable attorney's fee to be
fixed by the Court
WITNESS oUR HANDS this 22nd
day of Januarv
,#~.
(Seal of Corporation)
By "SEE ATTArg~n SIGNATURE PAGE"
(Authorized Representative of Principal)
Title
By ...:'.~SEE ATTACHED SIGNATURE PAGE"
(Authorized Representative of Principal)
Title
(Attach acknowledgement of authorized representatives of Principal)
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Grading Permit Bond (5/83)
Page 3
Any claims underthis bond may be addressed to: (check one)
Surety's agent for service of
process in California
(~ Insurance Company of the West
Surety Company
Sioux Munyon Insurance Services
--
Name
11455 E1 Camino Real
Street Number
4710 Fourth Street #200
Street Number
San Diego, CA 92130
City and State
La Mesa, CA 91941
City and State
858-350-2400
619-463-2773
Telephone Number
By
(Attach Acknowledgment)
( )_ Sioux Munyon Insurance $e,Lvi CAQ
Company Agent
APPROVED
4710 Fourth Street #200
Street Number
City Attorney
La Mesa, CA 91941
City and State
619-463-2773
Telephone Number
Sureties must be authorized to do business in and have an agent for seIVice of process in
California and be on the accredited list of the United States Treasury Department, (their bonds
will be limited to such amounts as would be acceptable to the Treasury Department) and
otherwise meet the requirements of the Grading Permit and the City of Po way Grading
Ordinance
Furnish the name and address and phone number of the Company Agent as well as the
Surety Company.
(NOTICE No substitution or reVision to this bond form will be accepted)
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April 26, 2005 Item # ....ld::
Signature Block for Bond Number 212 52 86, to be attached to and
become a part of.
SUBDIVIDER:
Kirkham Road, LLC
a Delaware limited liability company
By: McMillin Management Services, LP
a California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
a California corporation
Its: General Part
By:
By:
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Its:
Its:
INSURANCE COMPANY OF THE WEST
By:
-in-Fact
Insurance Company of the West
11455 El Camino Real
San Diego, CA 92130
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April 26, 2005 Item # \~