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2180�N& , With; ,opp'r validation thislbrtn -iistitutes an encroachment permit CITY OF LA QUINTA APPLICATION FOR PERMIT PUBLIC WORKS ,CONSTRUCTION (ENCROACHMENT) i For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS Subdivision Improvement Permit— Class III DATE: 5-20-94 Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION (Street address or Description of Location) PURPOSE OF CONSTRUCTION Construct a shoQ#ftg center DESCRIPTION OF CONSTRUCTION GradinR,paving, concrete and storm drain const. DIMENSION OF INSTALLATION OR REMOVAL 21.000 cubic yards (with 15,000 cubic yards imported) SIZE OF EXCAVATION, IF NEEDED Approx. 10 Acre APPROXIMATE TIME WHEN WORK WILL BEGIN 5"23"94 APPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COST $ 577.452. (Including removal of all obstruction, materials, and debris, backfilling, com- paction and placing permanent resurfacing and/or replacing improvements) In consideration of the granting of this permit, the applicant hereby agrees to: Sketch (attach construction plans if appropriate) SEE ATTACHED CONDITIONS. Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this application. Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. IF9 pp Signature of Applicant or Agent d,0q.5r Moorefield Const. 1950 Sawtelle Blvd. #295, L.A., CA 90025 (310) 478-8295 &Ze 5G -s/ 7 9 Name of Applicant (please print) Business Address Telephone o.16n-14MK4?_ Southern Calif. Grading 16291 Construction Circle East, Irvine, CA 92714 (714)551-6655 Name of Contractor and Job Foreman Business Address Telephone No. 397892 Contractor's License No. on file City Business License No. Scottsdale Ins. Co. GLS 498 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit —Class III - — -- I Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor Improvement Permit — Class IV: See attached schedule Inspection Fee Permit Fee Penalty Cash Deposit -Surety Bond if required TOTAL: Receipt No. $ 10,124.52 10.00 $ 10,134.52 Received by Date Recorded by l - "2180 MAY ;:, 0 1994 PERMIT VALIDATION PERMIT NO. 2180 DATE APPROVED 'S — Z 3 - 9 EXPIRATION DATE 3_31 DATE ISSUED 1 15- 2,Vr By A ministrative Authority TELEPHONE: (619) 564-2246 Cos U'. 71 OOREFIELD ONSTRUCfION, INC. 1950 SAWfEUE BLVD SUITE 296 LOS ANGEUS. CA 90025 (310)478.8295 CALIF CORP. W. 307892 November 1, 1994 Mr. John Freeland. CITY OF LA QUINTA P.O. Box 1504 78-495 Calle Tampico La Quinta, Calif. 92253 RE: LA QLWrA 'VYLLAGE SHOPPING CENTER ASPHALT PAVING SECTIONS LA Q1MA. CALIFORNIA . Dear Mr. Freeland: On the above referenced project in reference to paving sections, City of La Quinta specifications requires a 2 1/211 maximum lift. As per our meeting this morning wo are requesting a minor deviation in order.to lift 411 section and 311 section in one full lift. RR:atc ACCEPTED Sincerely, MOOREFIELD CONSTRUCTION, INC. Rick Rainey Project Manager DATE: ON SITE oNLY 15UMEM To RNAs- ftpuCT ACCFKNC ALITy. IV, 194 The following General and Specie, Provisions are attached to acid made a van of Permit No. GENERAL PROVISIONS The following sail always appty: ENCROACHMENT ON PRIVATE PROPERTY: This permit autnorizes work to be accomoltsheo witnin City of ONLY. Whenever construction extenos within private oropenv. it small be the resvonsivibty of the vermrttLa Quints right of way Of (or his contractors, to secure permission from abutting property owners. Sucn authorization must be secured by the permittee prior to starting work TRACKLAYING CON STR UC71ON EQUIPMENT: Cleateotacklav,ngconstructionequiomentshallnetbeoarmittedtoopaateonany Paved surface unless fitted with smootn-facea street pads. All mechanical outriggers snail be fittedwrth rubber street shoes to protect ins caving during excavations. Rubber -tired equipment only Shall be used in baddill operations in paved areas. If the existing Pavement is seemed. spelled. or oroxen during the term of this contram or if the pavement is maned. City of La Quina shell request that these portions of road be resurfaced aver their entire width. Resurfacing shall cohaist of one coat of two inches 12.) of A.C. surfa4ing plus appropriate seal coat as specified above. PROTECTION OF TRAFFIC: All excavations and work areas shall be property lighted and bamceded as deemed eosaary by the City Engineer or La Quints City Public Works InspectorsmeC*W . Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified 24 Hrs. in advance of any traffic detours or delinesnohs. CARE OF DRAINAGE STRUCTURES: Any drainage structure including corrugated metal pipe. concrete pipe. steel culvert and concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the even becomes necessary to remove or cut existing drainage structures. City of La Quints Small be notified prior to commencement of this work. Drainage structures and open drains shall be kept free of debris at as times for proper drainage. RIGHT OF WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All paved surfaces shall be broomed dean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line and drainage ditches shall be replaced to their original standard or better. All excess materielshag be moved re prior to paving. Water tanker shall be used. as required. to spnnkle the job site to keep down oust conditions and small be used immsdiatsty afar backfill. DE -WATER OPERATIONS: If de-watenng operations are required and pumps are forcing water on City of La Quinti roads. it shall be the responsibility of the permittee (contractor) to control this cosier and to provide Off-street barricades when neogUry. CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limned access tar the adjoining property owners and emergency vehicles. In the event it is f e h by the Parmmse that he must plow a street any length at time. permittee shall contact this office to obtain the necessary Permission. SPECIAL PROVISIONS The follwing shall apply ONLY when indicated: lgY NOTIFICATION: Permmee shall notify the City at -7-?7-707-5- 664-2. 46m least 48 hours in advance of starting constriction. R2 CASH DEPOSITS OR BONDS: A cash bond or an approved surety bond in an amount of notless than s shall be furnished in the name of City of La Quints to cover all work involved in the restoration of the vartoias fv Qu me roads and survey monuments. This bond shall be continuous until cancelled by the City Engineer. This bind mart be Posted prior to commencement of any work on this project. (' RD UTI LITY CLEARANCE: (Substructures) Prior to making any excavation within the City ofLaQuints right Of" authorized by permit, the permittee shall contact all concemed utility companies relative to the loco an of existing substructures. Damage to existing substructures resuming from operations conn �he permittee. acted under this Permit sha11 De the sole rsaPoruibty ili R4 LITY CLEARANCE: (Surface structuresl No work shall be done under this proposed wore site. The perpermit until all utilities ars dear of the mmee shall notify all concerned utility companies of the propossa work. R5 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced with inches of A.C. paving placed on _inches inehhCity of aggregate entSandards and in conformance with City of La Quints Road Improvement Standards and Specifications. Ordinance p461. PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of — _ .. __....._ ..... 1/4 inch to one toot (11• R7 GRADES & STAKES: City of La Quints shall establish grades and stakes for the proposed concrete Curb and gutter Construction. RB RADE CHECKING: City of La Quina shall checkgradesupon recstptofPlan andprafileand/or grades asestablishedby a licensed engineer. R9 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb andgutter ( feat shell be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb. matching Concrete gutter and concrete driveway approach shall be constructed in conformance with City of La Quina Standard noir 0207. RIO DRIVEWAYS. A.C.: Driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property line and the existing road paving shall be 2-1/2 inches of A.C. paving placed on 1 —1 of clams aggregate base. Driveway construction shall conform to attached drawing. R 11 CULVERTS: A :ncn diameter( inches below and in line with the existing flow fine.vert) installation snven shall be ail l conform led ith tto the a achedhe invenidraaw ng. 1 /2 SIGHT CLEARANCE: Sight clearance of 600 feet in either direction shall be assured and maintained. R13 SOIL STERILIZER: The area to be surfaced shall be treated with soil sterilizer. Rate of application shall complywith the manufacturer's specifications. COORDINATE WORK: The proposed work shall be subordinated to any operation which the State of California or Cityof La Quints may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quints forces to preclude delay or interference with State or City of La Quints projects. R15 SURVEY MONUMENTS: Prior to excavation or beginning of construction. all survey monuments which exist on the centerline of all streap or property lines when involved shall be compistely, tied out so they maybe readily and correctly be replaced by a ticOnsed civil engnew or surveyor at the expanse Of the permittee. A complete set of notes showing the ties to these monuments small be turnisned to the City Engineer, prior 10 the relntiams Of a^ymot+uments. This office shall be adied upon eoittoteban of roaftO anent of all survey memenents tnr orodor wwsw aeervr.rw. Y ,Or to excavation or Oeoinnino or construction. a❑ survev monuments snail be Ilea Out Ov taty JI La Quints ano sultaole oavhhent or guarantee of cavment snail be made as relmoursemenl for Zil Work involved. R17 PAVEMENT CUTTING: Pavement will be macnanictsav cut to a straight edge prior to excavation. Mood of pavement cutting shall be approved throuan the office Of the Citv Engineer. cUnder no circumstances snail excavanng•equlpment be used to excavate Prior to cuttino of Pavement). Excavation material shall be placed in such a position as to oesl iactlnate the general flow of tratnc. Prior to final paving operations. anv aamaoe corrected. to Davementtstraignt edge snail be R18 PAVEMENT CUTTING. Pavement snail be saw cut prior to removal. Prior to final paving operations. any damage to pavement straight edge snail be corrected. 0) LIMIT OF EXCAVATIONS: Excavations snail be Ilmitedfo 1.000 lineal feet of opentrencn before oacktill operations must begin. All excavations snail be Property barricaded with lights overnight, on weekends and noiiaays for the protection of the traveling puolic. The Public Works Inspector snail determine the suitability Ot excavalton barricading to each case. No excavation shall remain open for a Denoo exceeding trve 151 days. No excavation snail be made unless the construction material Is actually On the work site. R2 BACKFILL MATERIAL- BaCktill Shall be free of brusn. roots or other organic substance aetrimentz.....:s use for purposes of producing an adequately consolidated backfill. Any material which the City of La Quinta deems unsuitablelspongy or saturated materiall which is encountered during excavation shag not be used for backfill, but snail be supplemented or • replaced by an approved sand Or gravel. R21 BACKFILL SAND: Backfill shall be approved transit -inn sand or equivalent and shall be Dlaced in lifts of notgreaterthan three feet (3') andvibrate0 using vibrotamper or ecufvatent equipment. Alternate methods may i lifts of nsubsuted, but to any case a relative compaction of 95 percent shall be attained within the .structural section of the roadway, BACKFILL PLACEMENT: Backfill shall be applied in lavers of not more inan 50 percent of the total depth of the branch 151 lifts where trenches are of excessive depths. Care is to be ezercaed that the before flooding or a maximum of five backfill materiel is not subleaed to extreme swell byflooding operations. Backfill material shall be placed so that the resulting compaction shall be not less than 90 percent or eaurvelent to the surrounding ground. whlcnever is the greater compaction. Where ponaing or flooding is used for a maximum settlement. adequate dikes will be constructed to retain the water. Where letting is used. the jets shall be Of sufficient length to reach the bottom of each :aver and the water supply shall' be cominuous. COMPACTION TEST'S: If so required bythe inspector• compaction tests shall be made at intervals of not more than 1.000 feet and a minimum of one 11) test on each road. One (1) copy of each test shall beforwarded tO the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made asoutlinea in SeCtlOn 6.3.01 of the Standard Specifications. Division of Highways. State of California. dated January 1973. R24 COMPACTION TESTS: If so required -try, the inspector, compaction tests shall be i4 made for east) vossi One (1) COPY Ofeachtestshall beforwarded tothe City Engineer for approval and filed prior tomakin t)9 ermoraamee. Compactfon tests shall be moos as outlined in Se=on 6.3.01 of the Standard Specifications. Division of Hi aMnt repairs. of California. dated January 1973. hweys. State R25 TEMPORARY PAVEMENT REPAIRS: Atter completion of backfill and compaction operations, a tempgrsry patch consisting of 2 inches of SC -800 shall be placed on a prepared subgrade. The SC -800 temporary paving shag be Placed atter a maximum of 3.000line al feet of trench has been excavated and backf ill operations completed. but in no case shall the placement of the temporary pavement exceed a five 15) day limit. R26 PERMANENT PAVEMENT REPAIR: After backfill and compaction operations have been completed. a temporary patch consisting Of two inches 12.1 of SC -800 shall be placed immediately. A permanent patch of ____ inches A.C. surfacing placed on a inch class base shall be pieced no latertnan days after temporary road repair. R27 of R27 PAVEMENT REPAIR: F.A.S.: Upon completion of baciddiand Compaction. a temporary patch consisting Of TWO inches 12' of cold mix paving 1SC-8001 shall be placed immediately. A permanent patch of three inches 13'1 of A.C, surfacing shall be placed on six inches 16') concrete base as directed. but not later than fifteen I15) days after completion Of temporary paving. Concrete base snail be of five -sack mix and shell conform to the City of La Quinta Road ImprovememStandares and Specifications. Ordinance 9461. R28 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the City Engineer. R29 SEAL ARMOR COAT: A seal Coal consisting of an application binder and screenings shall be 81301180 on all patch areas where such seal coats existed prior to issuance Of this oarmh. Seel or armor coats shall be applied as speedied in Section 37. Standard Specifications. State of California. Division of Highways, dated January 1973. Work of Pavement repair to be accomplished by a licensed contractor engaged in the business of pavement repair. STREET RESTRIPING: Where street striping is still visible on streets to be excavated. such striping shall be replaced upon completion of permanent repairs. R31 TREE RELOCATION OR REMOVAL. Tree relocation within the City of La Quinta road right of wav shall be aceomplisheo by a licensed. bonded and insured tree service. and handled safely without mterference or hazard to the traveling public. It shall be the responsibility of the permittee to maintain the tree to a vigorous growing condition at its new location. Trees to be removed shall be removea in sections which can be handled safely without interference or hazard to hfghwav traffic. The entire width Of The tree stump snail be removed and disposed Of so that n0 debris remains in view Of the highway. The stump hole snail be backfilleo and thoroughly compacted as specified in the following paragraph. Where it becomes necessary to restrict traffic. the work snail be restricted to a maximum Of 500 feet at any one time. Adequate signs. flagmen and/or barricades shall be provided to protect the traveling public at all times. Large holes resulting from tree removal shall be backfilled and compacted to not less than 90 percent Or equivalent to the surrounding ground. whichever is the greater compaction as determined by the impact or field method. Compaction Tests shall comply with Section 6.3.01 of the Standard Specifications. Division of Highways. State of California, dated January 1973. R32 TREE TRIMMING: a. Only the necessary trimming snail be accomplished to provide clearance of the facility for one calendar year. All broken or weak sections within the trimming shall be removed. b. Where it becomes necessary to restrict traffic. the work shall be restricted to a maximum of 500 feet at anyone time. Adequate signs. flagmen, and/or barricades snail be provided to protect the traveling public at all times. c. If tree trunks are partially outside of the City of La Quinta road right of way, permittee snail make his own arrangements with adjoining property owners for consent to the trimming to addition to the authorization provided by this oermrt. (L All tree trimming on EVERGREEN TREES. PALM TREES. and other ORNAMENTAL TREES shall be accomplished to the satisfaction of the City Public Works Inspector. e- Abutting property owners shall be contacted in all instances ortor to trimming or topping trees. f. Prunmg Mall, in all instances • be at the shoulder of the crotch to insure even. fast healing in all kills at two inches 12") and above -in size. Sestam Shelf ho ehehwn" u » ., .,,: .... is •:,. .. ,,.. ��.. ..:.r.:'�• a .., SPECIAL CONDITIONS --PERMIT NO., 2180 --- MOOREFIELD CONSTRUCTION --- In addition to the standard permit conditions, the following shall apply: 1. All work shall be performed in accordance with the latest edition of the "Standard Specifications For Public Works Construction". No fill shall be placed which will cover or obscure asphalt concrete, petroleum product spillage, or other non-native materials. 2. Permittee shall furnish the name(s) and phone number(s) of the individual(s) responsible for maintaining dust control after hours, weekends, holidays, etc. 3. All streets shall be kept clean of all trackage or spillage from vehicles using this site. The roads shall be completely cleaned at the end of each work day, if necessary, and more frequently if required. 4. Operation and maintenance of equipment within one half mile of human occupancy shall be performed only during the following time periods: October 1 st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a. m. to 5:00 p. m. Equipment may not be operated or maintained on legal holidays including Sundays. 5. Permittee is responsible for repair of any pavement damage or other damage to access roads and other public facilities. 6. Should additional work or modifications be required in order to meet established City Standards or in order to fit field conditions, the work shall be performed by the permittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. 7. It is the permittee's responsibility to comply with the California Regional Water Quality Control Board's National Pollutant Discharge Elimination System (NPDES). 8. Any on-site haul road shall be effectively destroyed at the conclusion of the work to prevent use by unauthorized vehicles. 9. Permittee/contractor shall install stop signs to stop construction traffic prior to entering any street from the construction site. Special Conditions - Permit No. 2180 Page 1 of 2 SPECIAL CONDITIONS PERMIT NO. 2180 continued 10. - All improvements shall be performed per the plan approved by the city, prepared by The Keith Co. labeled "PRECISE GRADING PLAN LA QUINTA VILLAGE SHOPPING CENTER... 11. If buried. remains are encountered during 'development, a qualified archaeologist shall be contacted immediately and appropriate measures shall be taken. 12. The project site shall be watered prior to and during all phases of construction as directed by and to the satisfaction of the City Engineer. a Special Conditions - Permit No. 2180 Page 2 of 2 t— a 1 i i I I f I i . I I t i t— MAY -18—'00 WED 12:07 ID: TEL N0: #270 P02 — r • it �' �L r. �� �. �. �� rr� � � � �� +� ter,. w w� � .�� �� � w w ...�• w� r �� w w �� aa� �, � NOTE: With proper validation this form con:tltutn an CITY OF LA QUINTA encroachment permit APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works Improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS 00 IRS Subdivision Improvement Permit — Class III GATE; ` Minor Improvement Permit Close IV LOCATION OF CONSTRUCTION l9treet add►eas or Description of Location) PURPOSE OF CONSTRUCTION &'� Sketch (attach construction plans if appropriate) DESCRIPTION OF,CONVRUCTION _i DIMENSIQN OF INSTALLATION OR AL i�irrl cC c� Pcu tJ Iz� (�j ! o iU S SIZE OF EXCAVATION, IF NEEDED *a& ltd Ar- APPROXIMATE TIME WHEN WORK WILL BEGIN V APPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COSTS 274"?z (Including removal of all obstruction, materiels, and debris, backfilling, com- paction and placing permanent resurfacing end/or replacing improvements)- �'��(/` In consideration of the granting of this permit, the applicant hereby agrees to: Indemnify, -defend and save the City, Its authorized agents, officers, representatives ant. 1--- � - -�t{�• Penalties, liabilities or loss resulting from claims or court action and arising out of or —�'� happening or occurring as i Proximate result of any work undertaken under the perm! �� Y 4_.,5_r440_ Notify the Administrative Authority at least twenty-four 1241 hours In advance of the urm wnen worx sum M etartea, Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of Ls Quints and to pay for any additional replacement necessary as the result of this work. Signature of Applicant or Agent WSO SgvrrEi LE BLyD � qS `A c1p _q J2S Name of Applicant (please print) Business Address _ Telephone No, G16K"f(��t< �1aL CznAoING IC�a�1 (0�.1` fzKa, W (l�rcc � �i✓� AJC � �'27�y 5 5-1 - 1vG55 Name of Contractor and Job Foreman Business Address Telephone No, Contractor's License No. City Buslnest License No. 6715b,41 F_ SNs Co TLS Applicant's Insurance Company Policy Number 1'E6Q: Subdivision Inhorovemant Permit —Clan Ill ;.c, , , t ''' RICH DEVELOPMENT COMPANY PH. 310-547-3326 796 WEST NINTH STREET SAN PEDRO, CA 90731 PAY TO THE ORDER OF NATIONAL BANK OF LONG BEACH LONG BEACH, CA 90807 90-3603-11222 2079 DATE AMOUNT 11100 20 7 9118 -o: 12 2.2 360 3 71: Loll"1045011131" 0 C� �73 v f x 9812 •� �YY1'�3�1 �/�%Li(1�� •moi' ��a'^lam �%� aaa,g )-4oiL7l-vl•Hs-v.1Y\ DAILY; JOB, SH1ET JOB NAME: CUSTOMER: DATE: WEATHER: MOVE IN #: J, EQUIPMENT OPERATOR OWNER/ BROKER"- CODE -NO Ttl. Hrs RATE AMOUNT Reg. O.T. 1. 2. 3• 4• 5• 6. 7, 8. ... .. .. .... 9. 10. 11. 12. 13• 14• ......... �. 15• ... ... 1 16. . .. ..... ... IDLE EQUIPMENT HOURS: REMARKS: DAILY TOTAL: FOREMAN: THIS RECIPROCAL .ACCES SEMENT AGREEMENT ("Agreement") is made and entered into this /day of , 2994, by and between LA QUINTq VILLAGE LIMITED PARTNERSHIP, a California limited artnershi " AMCOR REALTY FUND III, a California limited partnership ("Amcor"). p (La Quinta"), and RECITALS WHEREAS, La Quinta owns certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("La Quints property"); and WHEREAS, Amcor is the owner of certain adjacent real property, also located in the City particularly of La Quints. County of Riverside, State of California, more attached hereto and incorporated herein by this reference("Amcor prodescribed in Exhibit "B" PAY"); and WHEREAS, La Quinta is in the process of subdividing and developing the La Quinta Property as a retail shopping center, and . WHEREAS, the City of La Quinta (hereinafter the "City") has established certain condi- tions of approval for its consent to the development of the La Quina Property, one (1) condition of which is the establishment of an casement for reciprocal access to and from both the La Quinta Property and the Amcor Property through and across a shared private driveway ("Shared Driveway"). The legal description of the Shared Driveway is set forth in Exhibit C.,attached hereto and incorporated herein by this reference, and the location of the Shared Driveway is depicted on Exhibit "D" attached hereto and incorporated herein by this reference; and WHEREAS, La Quints and Amcor each desire to establish a tEciprocal access easement over the Shaved Driveway to facilitate vehicular and pedestrian ingress and egress. to their respec- tive properties. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: TERMS AND CONDITIONS 1. Grants of Easements. La Quinta, as owner of the La Quinta Property, hereby grants to Amcor, as owner of the Amcor Property, its successors and assigns, a nonexclusive easement on, over and through the portion of the Shared Driveway owned by La Quinta ("La Quinta Easement"). Amcor, as owner of the Amcor Property, hereby grants to La Quinta, as r 061. r S. 04 /R e c i p E as e/04 . I.8.94 ' OCT 31 '94 14 47 RICH DEVELOPMENT CO AAAAAAAAAA P.5/14 COMMONWEALTH LAND TITLE ` RECORDING REQUESTED BY AND v I WHEN RECORDED, MAIL TO. W c WILLIAM D. BUCKNER, ES KENDALL Q.. & BUCKNER 4 � r+ r% 1936 East Deere Avenue, Suite 215 p Santa Ana, California 92705 W Cq W 7. RECIPROCAL ACCESS EASEMENT AGREEMENT THIS RECIPROCAL .ACCES SEMENT AGREEMENT ("Agreement") is made and entered into this /day of , 2994, by and between LA QUINTq VILLAGE LIMITED PARTNERSHIP, a California limited artnershi " AMCOR REALTY FUND III, a California limited partnership ("Amcor"). p (La Quinta"), and RECITALS WHEREAS, La Quinta owns certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by this reference ("La Quints property"); and WHEREAS, Amcor is the owner of certain adjacent real property, also located in the City particularly of La Quints. County of Riverside, State of California, more attached hereto and incorporated herein by this reference("Amcor prodescribed in Exhibit "B" PAY"); and WHEREAS, La Quinta is in the process of subdividing and developing the La Quinta Property as a retail shopping center, and . WHEREAS, the City of La Quinta (hereinafter the "City") has established certain condi- tions of approval for its consent to the development of the La Quina Property, one (1) condition of which is the establishment of an casement for reciprocal access to and from both the La Quinta Property and the Amcor Property through and across a shared private driveway ("Shared Driveway"). The legal description of the Shared Driveway is set forth in Exhibit C.,attached hereto and incorporated herein by this reference, and the location of the Shared Driveway is depicted on Exhibit "D" attached hereto and incorporated herein by this reference; and WHEREAS, La Quints and Amcor each desire to establish a tEciprocal access easement over the Shaved Driveway to facilitate vehicular and pedestrian ingress and egress. to their respec- tive properties. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: TERMS AND CONDITIONS 1. Grants of Easements. La Quinta, as owner of the La Quinta Property, hereby grants to Amcor, as owner of the Amcor Property, its successors and assigns, a nonexclusive easement on, over and through the portion of the Shared Driveway owned by La Quinta ("La Quinta Easement"). Amcor, as owner of the Amcor Property, hereby grants to La Quinta, as r 061. r S. 04 /R e c i p E as e/04 . I.8.94 . OCT 31 '94 14:48 RICH DEVELOPMENT CO AAAAAAAAAAA P.6/14 G . . owner of the La Quinta Property, its successors and assigns, a nonexclusive easement on, over, and through the- portion of the Shared Driveway owned by Amcor ("Amcor Easement"). The La Quinta Easement and Amcor Easement are hereinafter collectively referred to as the Masement~ 2. C(l ncta of Easement. The Easement shall be appurtenant to, and shall run with title to both the La Quinta Property and the Amcor Property, and each and every portion, lot and parcel thereof, together with any future subdivision of any lot or parcel within the La Quinta Property and the Amcor Property. 3. Use of Easement. The Easement shall be used solely for vehicular and pedestrian ingress to, egress from, and access between the La Quinta Property, the Amcor Property and Washington Street, by the lessees, tenants, occupants, patrons, customers, invitees, guests, sup- pliers, employees and agents of the parties and their respective tenants' employees, agents, family members, guests, patrons, clients, customers, suppliers and invitees, as well as service personnel and suppliers, public and private utility companies, public and private emergency vehicles and all other permitted users of either the Amcor Property, or the La Quinta Property. The use of the Easement shall also include incidental rights of installation, construction, reconstruction, operation, maintenance, repair and replacement of the Shared Driveway by La Quinta, together with La Quinta's agents, contractors and employees, and their respective vehicles. 4. Construction of Irnmovements. The improvements to the Easement specifically including, but not limited to, the streets, sidewalk, curb and gutter, shall- be constructed by La Quinta pursuant to the mutually approved plans and specifications therefor described in Exhibit "E" attached hereto and incorporated herein by this reference. Amcor agrees to reimburse La Quinta for fifty percent (50%) of the cost of constructing the improvements to the Easement within thirty (30) days following Amcor's receipt of La QuinWs written invoice therefor. 5. Insuranga. La Quinta shall procure and maintain in full force and effect public lia- bility and property damage insurance for the Easemen,- in the amount of not less than Two Million Dollars ($2,000,000.00) combined single limit. La Quinta, Amcor and all other -fee owners of the La Quinta Property and the Amcor Property, and any portion, lot or parcel thereof shall be named as additional insureds on such insurance policy. Amcor shall reimburse La Quinta for fifty per- cent (509'x) of the cost of such insurance policy within thirty (30) days following its receipt of La Quinta's written invoice therefor, together with a copy of the applicable insurance bill. b. Maintenance of Easement Area 1A Quinta shall perform regular maintenance of the Easement specifically including, but not limited to, sweeping, landscaping, striping and pavement cleaning, repair, patching and replacement. Amcor shall reimburse La Quinta for fifty per- cent (5090 of the cost of such maintenance quarterly within thirty (30) days following its receipt of La Quinta's written invoice therefor, together with a detailed breakdown of all amounts for which reimbursement is sought. 7, DMfion. The Easement shall run in perpetuity or until terminated by all fee owners of all portions of the La Quinta Property and all fee owners of all portions of the Amcor Property. 8. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the Easement and the rights and obligations herein set forth. Any prior oral or written representations or modifications concerning this instrument shall be of no force and effect and are hereby entirely superseded by this Agreement. Nor oral or written amendment of this Agreement shall bind the parties, except a subsequent modification in writing signed by all owners of the La Quinta Property and all owners of the Amcor Property and recorded in the Official Records of Riverside County, State of California. 1061.15.04/1 cc i p E 0 s e/0 4.07.94 2 OCT 31 '94 14:49 RICH DEVELOPMENT CO AAAAAAAAAAA P.7i14 r 9. Attorne s' Ems. In the event any party to this Agreement shall bring legal action to enforce or interpret the terns of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and court costs as part of its judgment. 10. Binding Effect. This Agreement intends to grant an easement appurtenant, which Easement shall run with the land and bind inure to the benefit of the respective heirs, personal rep- resentadves, successors and assigns of La Quinta and Amcor. 11. Nota Public Dedica& . Nothing herein contained shall be deemed to be a giftor dedication of any portion of the Shared Driveway to the general public, or for the general public, or for any public purposes whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes. herein expressed. 12. Breach Shall NZ Permit Termination. The parties hereto acknowledge that no breach of this Agreement shall entitle any party to cancel; rescind or otherwise terminate this Agreement,. Any breach of this Agreement or the Easetoent, covenants or restrictions contained herein shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but the Easement and the covenants and restrictions set forth herein shall -be binding. upon and effective against the owner of any portion of the La Quinta Property or Amcor Properly whose title is acquired by foreclosure, trustee sale or otherwise. 13. Notices. Notices and demands required are permitted to begiven hereunder shall. be given by registered or certified mail, return receipt requested, and shall be addressed as follows: If to La Quinta: La Quinta Village Limited Partnership Rich Development Company 796 West 9th Street San Pedro, California 90731 If to Amcor•. Amcor Realty Fund M 52-300 Enterprise Way Coachella, California 92236 or at such other addresses as any owner of a portion 'of the La Quinta Property or the Amcor Property shall designate by written notice to the other owners. Notices and demands shall be deemed to have been given seventy-two (72) hours after depositing same into the United States Mail, postage prepaid, certified return receipt requested. 1061.15.04/R ac ipEase/04.07.94 OCT 31 '94 14:49 RICH DEVELOPMENT CO AAAAAAAAAAA P.6i14 221279 14. This A each of which, when executed greement 1113y be executed in any number of counterparts, and delivered, shall be deemed an original, but such shall together constitute one and the same instrument. Counterparts IN wn ESS WHEREOF, the parties have executed this Agreement as of the dace fust set forth above. LA QUINTA VUIAGF LjWUTEO AMCOR REALTY FUS PARTNERSHIP, a California limited partnership . a California limited partnership By: John W. Rich, By: General Paltrier General Partner By: a iG4fi Joseph W. Rich, By: ' General Parnler General Partner 1061.13.04/ReaipEme/p4.19.94 4 OCT 31 '94.14:50 RICH DEVELOPMENT CO AAAAAAAAAAA P. 9/14 each 14.. ��=�. This Agreement '2'�12�9 Of which, when executed and delivered. shall nt �Y be executed in any number of counterparts, shall together constitute one and thesante inslrUrtlCpt, deemed an original, but such counterparts forth above�S WHEREOF, the Peres have executed this Ageement as of the date fust set LA QUJN7A Vu AGE L&WMD PARTNERSHIP, a California 1�t . AMCOR REALTY Partnership a Californialitnitrd FUND III, partnership By: X o W. Ric , BY: © eral Pamer General Partner By: . 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REPORT DATED MARCH 10, 1994.) IN THE CITY OF LA GUINTA, COUNTY OF'RYVgRsl,)F DESCRI6STATE OF CALIFORNIA. F.0 AS FOLLOWS; PARCEL 1 ALL THAT PORTION OF LANG LYING WITHIN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST DNF-GUAATE:R OF SECTION 6. TOWNSHIP 6 SOUTH. RANGE 7 EAST, SAN SERNAROTHO MERIDIAN. DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-GUAATER OF SECTION 6: IHEta N00'00'24"W. ALONG THE EASTPALY LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 5. A DISTANCE OF 760.00 FEET: TK NCE S83'58'364W. A DISTANCE OF 30.00 FEET TO A POINT IN A LINE PARALLEL WITH AND 30.00 FEET WESTEALY. MEASURED AT RIGHT 'ANGLES. FROM SAID EASTERLY LINE OF SAID NORTHWEST ONE-OUARTER OF SECTION 6. SAID LINE 8EING THE WESTERLY RIGHT-OF-WAY OF WASHINGTON STmET (FORMERLY RECOROEO MARSHALL ST.) PER GEED RECORDED DECEMBER Ap 5CALIFORNIA, IN SAPOOINT. OEINPAGE GTMEO PO 9E�SNG�VERSPECOUNTSTATE OF OESCAIBEd; THE ECOF-LAND BEING TWAM CONTINUIN3 M169.360W, A OISTARM OF 246.66 FEET: THENCE 500900'240E. A DISTANCE OF 115.00 FEET; THENCE 911'19'58'W. A DISTANCE OF 69.14 FEET: THENCE 5891,391364W. A DISTANCE OF 285.80 FEET; THENCL' 800 00.24'E, A DISTANCE OF 64.00 FEET; Mfa 888'69'36.11. A DISTANCE OF PS0.00 FEET TO.A POINT IN THE EASTERLY LINE OF PARCEL. 3 OF PARCEL MAA N0, 19730 AS SF(OW!! 8Y MAP 'ON FILE IN BOOK 22 OF PARCEL MAA8 AT PAGES $1 AND A0. INCLU8IVE. RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA: THENCE N00.00'24'W. ALONG SAID EASTERLY LINE OF PARCEL 3 OF PARCEL MAP N0. 19730, A DISTANCE OF 667.00 FEET Tp AN ANGLE Polmr IN &Alp EASTERLY LINE OF PARCEL 9 OF PARCEL MAA NO 19730; Igy30THENlCNO. THEASTEAIY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 OF PARCEL MAP NO. !9730 AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP N0. 19730.*ON A CURVE CONCAVE NORTHWESTRXY HAVINGA RADIUS OF 2920.00 FEET THROUGH AN ANGLE OF 14'48'46'. AN ARC LENGTH OF 754;91 FEET TO AN ANBLE POINT IN SAID SOUTHERLY LINE OF PARCEL 2 OF THENCEAID S310000C33M ALONGAP No. I9730 (THE THE SOUTHWESTTIAL ERLY LINE OPLINE SAID PARCELEi2 OF PARCEL MAP PEO. 19730, A OIStANCE OF 125.!2 FEET TO AN ANGLE POINT IN SAID SOUTHWESTERLY LINE OF PARCEL, 2 OF SAID PARCEL NAP NO. 19730. !SATO POINT ALSO BEING THE NORTHWEST 'CORNER OF THAT PJATIOmNUAR OF LANG CONVEYED TO TME COQ VALLEY WATER DISTRICT PY DEED RECORDED JANUARY i8. 1882 AS INSTRUMENT NO. 8879, OFFICIAL RECORDS. RECORDS OF RSAIDIVERSIDE COUNTY. STATE OF CALIFORNIA. HEREINAFTER REFERRED TO AS 'CVWO PARCEL.'. EAST POINT ALSO BEING SO,00 FEET WESTERLY. MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY !.INE OF SATO NCATKNEST ONE -WARM OF SECTION V. THE -NCE 603" 28' 40•E, OF 210. ALONG THE SOUTHWESTERLY LINE OF SAID CVWD PARCEL* A DISTANCE • 85 FEET TO A POINT IN SAID WESTERLY RIGHT-OF-WAY OF WASHINGTON STREET; DISTANCE0OF 344.190 FEETNrj TO THE POINT OF BEGINNING OF TTHHEWPARCC0.TOF LAND BEING DESCRIBED. SAID PARCEL OF LAND CONTAINS 538754.892 SGUARE FEET; 12.368 ACRES, MORE OR LESS. SAID L.ANO IS ALSO SET OUT AS PARCEL `A' OF LOT LINE ADJUSTMENT NO. 94-177 AS APPROVED BY THE CITY OF LA OUINTA. Q&GrQ. 9 EXHIBIT 481, ANCOR PROPERTY P. 11114 'LLt*N •ON IMKLSntaY 3NR 10`110 g'ldYd SV MO MS Orly St (INYZ otvS 'Q3tttma oxm aNYT do iso 3vd wu to OMNN1039 dO IMOd 21U OA AM 10'0£t *13TUS NOIDNIHSYM ,30 AVM.40 lltOM ATaLs3M QIYS ONo'IY 'LT" .t Z .00.00 HLVON 33N3KL .133 NO.LOMRSYM d0 AYM do lHort A-r&Lw" 0j" NJ ANIOd v 01 LT" KI 9�! 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Ot cuam0a NOIL-dod lYKL 1d' X3 OS7Y 'SCMG 30 'if t 30Yd 'M x002 NI Ot6t '9t j32I'W3Q a3(>ioM 03+30 At 3MM3M d0 AIMOD MU OL Q3AIMO:) NOUVOd =YN.L .LaM It NOLLms aivs d0 l uvyno uwuuxoN mu 30 vuvyna.65Y311 of ON$ 10 3N1't 1.493 sui ONO?v mnmw SI t333 00'0£t A'M31IMIOS am Mu 'savo I?YI01dg0'tf£pt 'ON 1-tM 11iMM Sy U61 '09 1i 9M3Un GW'WTIt '08 IMt"inil3. M Sy Z66t '1t MD9YY't 03Q'iSOM Mou8'IOM All CUYJYA SY ODURY1 3TWO aNY 1331Its No10NIM"YM do srtOIUOJ 3SOH1 WJM x40ot 'vlxtnb Y"1 do A.W Mu M 6103ti U LY'tl Tnowdo 3KL 01 O.waao=v 'NYIQl1J3iN ONla vNM WS'M" L aotm 'mos 9 diil£N1&& '9 HOLL74230 lIuvvnb I MMION Mu do vullYnb UYIPLLn04 Mu d0 M:)y Of lSY3 3M 90 drvg I Y7 3HL d0133d WOO A'I33wos Mu btiiZi ' d trodtiddddddd 00 1N3WdOl3A3a HOIN 2S : t7T b6, IE 130 OCT 31 '94 14:52 RICH DEVELOPMENT CO AAAAAAAAAAA EXHIBIT "p" IN THE CITY OF LA SUINTA. COUNTY OF AIVEASIOE. STATE: OF. CALIFORNIA. PORTION OF THE NORTWEST WAATEA OF SECTION B. T.5 S .. A.7 E .. S . S . M . SCALE; 1' - 40' �- S.C. COR.. W. W. !/4. k WASHINGTON STREET 5cc.e -�j N 00•00.24•N 760.00 I$ -�'LY LINE. A/k PER 867/155. OEE08, le "sic. W. 6. AEC. 1Z-18-3930, AIV. CO. �sr e AREA OF RECIPROCAL ACCESS EASEMENT: 10074.240 SO. FT.. 0.231 AC. •-afI A�rmwvmw OVINTA AND PER -28-1994 AS INST. 1227. O.a.. RECIPROCAL ACCESS EASEMENT THEKEITH COMPANIES DATE: Id CoLey DAVID L. WEDDLE L.S. 5570 P.13/14 8 (y{M �� WNa da 81Y�0 �O �tn0 nz., t~A .moi Kir' �iN J1�q �NJ�V N1 Z ~ N w�j 1 J I Yaf N ? p �VZQ ZS« 41, ti AREA OF RECIPROCAL ACCESS EASEMENT: 10074.240 SO. FT.. 0.231 AC. •-afI A�rmwvmw OVINTA AND PER -28-1994 AS INST. 1227. O.a.. RECIPROCAL ACCESS EASEMENT THEKEITH COMPANIES DATE: Id CoLey DAVID L. WEDDLE L.S. 5570 P.13/14 t�JI G 1Nawnmow 1 1 y A .srawnNow r� Or - o cZh T >= o �P C WrgiDIS ;:>Il6vA I m31, 110IHX3 'r bI/bZ'd dtititititititiddd 00 1N3WdOl3A3Q HOI8 ES:bt b6e TE 130