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2407;.. ,With proper validation .-.t his form constitutes an en oach'ment permit CITY OF LA QUINTA APPLICATION FOR PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For' he 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 r� Subdivision Improvement Permit — Class I II DATE: ,12-14-95 N Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION 49-499_Bisenhower Dr. @ the La Quints Hotelf (Street address or Description of Location) PURPOSE OF CONSTRUCTION New Ballroom 6 underground Sketch (attach construction plans if appropriate) parking structure DESCRIPTION,OF CONSTRUCTION Construct s tewor as _shown on the approved site plan See attached conditions DIMENSION OF INSTALLATION OR REMOVAL See approved site plana 4 {SIZE OF EXCAVATION, IF NEEDED • qry + =APPROXIMATE TIME WHEN WORK WILL BEGIN '�— —� - ; APPROXIMATE TIME OF COMPLETION 5-25-56 ESTIMATED CONSTRUCTION COST $ 100101110 (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: Indemnify, defend and save the City, its authorized agents, officersrep 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. propeety, happening or occurring as a proximate result of any work undertaken under the permit granted pursuant -to this application. ..y.. 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. Greg Burwart { Signatureof Applicant or Agent KSL ikecreation'.Corp. 49-499 Eisenhower Dro\li La Quinta, CA 564-4680' Name of Applicant (please print) Business Address Telephone No. Nue,voiueerinlg 79-811 Country Club Bermuda Dunes, CA 34 1778 Name of Contractor and Job Foreman 435834 Contractor's License No: Reliance Applicant's Insurance Company 1-1 111 FEES: Subdivision Improvement Permit = Class I II Business Address Telephone No. 157 , City Business License No. SJ2672007 ' 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. 3,000 $ 3,000 Received by Date PERMIT NO Policy Number '111 C4_1 DEC 19 '1995 1 } k Ry -� . 0 PERMIT VALIDATION 2407 DATE APPROVED 12-14-95 EXPIRATION DATE 5-25-96 , DATE SSU D 12-14-95=�-- By Administrative Authority Recorded by 11 TELEPHONE: (619) 564-2246 The following General and Special. Provisions are attached to and made a part of Permit No. 2 H G GENERAL PROVISIONS The following shall always apply: ENROACHIIENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within City of La Quinta right of way ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work. TRACKLAYING CONSTRUCTION EQUIPMENT: Cleated tracklaying construction equipment shall not be permitted to operate on 'any paved surface unless fitted with smooth -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving during excavations. Rubber -tired equipment only shall be used in backfill operations in paved areas. If the existing pavement is scarred, spalled, or broken.during the term of this contract, or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seat cost as specified above. PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City Engineer or La Quinta City Public Works inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified. 24 hours in advance of any traffic detours or delineations. 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 event it becomes necessary to remove or cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and open drain's shall be kept free of debris at all 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 clean 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 material shall be removed prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill. DE -WATER OPERATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary. CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for the adjoining property owners and emergency vehicles. In the event it is felt by -the permittee that he must close a street for any length of time,. permittee shall contact this office to obtain the necessary permission. SPECIAL PROVISIONS The following shall apply when indicated: (RI ) NOTIFICATION: Permittee shall notify the City at (619)777-7075 at least 48 hours in advance of starting construction. UTILITY CLEARANCE: (Substructures) Prior to making any excavation within the City of La Quinta right of way authorized by permit, the permittee shall contact all concerned utility companies relative to the location of existing ( substructures. Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the permittee. UTILITY CLEARANCE: (Surface Structures) No work shall be done under this permit until all utilities are clear of the proposed work site. The permittee shall notify all concerned utility companies of the proposed work. R4 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 of class _ aggregate subbase course having an "R" value of not less than and in conformance with City of La Quinta Road Improvement Standards and Specifications, Ordinance #461. 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 foot (P). R GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by a licensed engineer. R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (_feet) shall 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 Quinta Standard #207. R8 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 of class aggregate base. Driveway construction shall conform to attached drawing. SIGHT CLEARANCE: Sight clearance of 600 feet in all directions shall be* assured and maintained at all times. RIO . SOIL STERILIZER: The area to be surfaced shall be treated with sod sterilizer. Rate of application shall commply with the manufacturer's specifications. R 1_ COORDINATE WORK: The proposed work shall be subordinated to any operation which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude delay or interference with State of City of La Quinta projects. V' SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines when involved shall be completely tied out so they may readily and correctly be replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to these monuments shall be furnished to the City Engineer prior to the removal of any monuments. This office shall be notified upon completion or replacement of all survey monuments for proper project clearance. C� PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight to a straight edge prior to excavation. Method of pavement cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be used to excavate prior to cutting of pavement.) Excavation material shall be placed in such a position as to best facilitate the general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected. PA ` LIMIT OF EXCAVATIONS: Excavations shall be limited to 1000 linear feet of open trench before backfill operations must begin. All excavations shall be properly barricaded with tights overnight, on weekends and holidays for the protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction material is actually on the work site. BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes of producing an adequately consolidated backfill. Any material which the City of La Quinta deems unsuitable (spongy or saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced by an approved sand or gravel. R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be'placed in lifts of not greater than three.feet (3') and vibrated using vibrotamper or equivalent equipment. Alternate methods may be substituted, but in any case, �—� a relative compaction of 95 percent shall be attained with the structural section of the roadway. /R17 i BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than 50 percent of the total depth of the trench before flooding or a maximum of five-foot (5') lifts where trenches are of excessive depths. Care is to be exercised that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting compaction shall be not less than 90 percent or equivalent to the surrounding ground, whichever is the greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuous. R18 COMPACTION TESTS: If so required by the inspector, compaction tests shall be made at intervals of not more than 1000 feet and a minimum of one (1) test on each road. One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. R19 ' COMPACTION TESTS: If so required by the inspector, compaction tests shall be made for each crossing or service line. One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. R20 TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting of 2 inches of SC -800 shall be placed on a prepared subgrade. The SC -800 temporary paving shall be placed after a maximum of 3000 linear feet of trench has been excavated and backfill operations completed, but in no case shall the placement of the temporary pavement exceed a five (5) day limit. R21 PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of two inches (2") of SC -800 shall be placed immediately. A permanent patch of inches A.C. surfacing placed on a inch class base shall be placed no later than days after completion of temporary road repair. R22 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. �. STREET RESfRIPING: Where street striping is still visible on streets to be excavated, such striping shall be replaced upon completion of permanent repairs. R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right of way shall be accomplished by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It shall be the responsibility of the permittee to maintain the tree in a vigorous growing condition at its new location. Trees to be removed shall be in sections which can be handled safely without interference or hazard to highway traffic. The entirewidth of the tree stump shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where is becomes necessary to restrict traffic, the work shall 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. SPECIAL CONDITIONS --PERMIT NO. 2407 --- KSL/NUEVO ENGINEERING --- In addition to the standard permit conditions, the following shall apply: All work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction. 2. Permittee shall be responsible for providing continuous dust and erosion control 24 hours a day 7 days a week until the project site is permanently stabilized. 3. Streets shall be kept clean & free from dirt track -out. They shall be completely .cleaned at the end of each working day and more frequently if required. 4. Contractor shall comply with the local noise ordinance. Operation and maintenance -of equipment within one half mile of human occupancy shall be performed only during. the following time periods: October 1st to April 30: Monday -Friday 7:00 a.m. to 5:30p.m. Saturday .8:00 a.m. to 5:00p.m. May 1st to September 30: Monday -Friday 6:00 a.m. to 7:00p.m. Saturday 8:00 a.m. to 5:00p.m. Work is prohibited on Sundays and all holidays observed by the City of La Quirita. Work is allowed on Saturdays only if special arrangements, including payment of overtime inspection fee, have been made two (2) working days. prior to the desired Saturday. Permittee shall assume responsibility for repair of any pavement breakdown at the haul road access to any public or private street and for any damage to other City streets or facilities. 6. Advance warning signs and traffic control shall be installed and maintained in accordance with Cal Trans Standards. It shall be the permittee's responsibility to detour and barricade this site. 7. Street closures shall not be permitted. A minimum of one travel lane ori paved surface shall be maintained with flagmen at all times. 8. Prior to excavating; the permittee shall contact Underground Service Alert at 1(800) 422-4133. 9. Should additional work, materials, or modifications of the work be required in order to meet city standards, safety requirements, signage requirements, or to fit actual 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. Special Conditions - Permit No. 2407 Page l of 2 SPECIAL CONDITIONS --PERMIT NO. 2407 continued 10. All work shall be coordinated with the City, the City's contractor and/or others working within the area as directed by and to the satisfaction of the City Engineer. 11. When the work is within 500' of a signalized intersection, the permittee shall notify Riverside County Signal Dept. at (909) 275-6894 or Caltrans Signal Dept. at (619) 688-6845 as appropriate a minimum of 48 hrs prior to starting work. 12. All backfill and subgrade soil shall be compacted to 90% relative dry density, all backfill soil within the top 2' of finish pavement surface shall be compacted to 95% relative dry density, all base material shall be compacted to. 95% relative dry density. 13. Work authorized by this permit shall be as shown on the plan labeled "LA QUINTA HOTEL BALLROOM EXPANSION -PLOT PLAN 95-555". 14. All excavations at or near the travel way shall be backfilled and paved if necessary at the end of each work day for the protection of the traveling public. 15. Permittee/contractor shall notify the City Public Works Inspector 24 hours in advance of any inspections for any and all improvements shown on the approved plan, (refer to condition #13). Special Conditions - permit No. 2407 Page 2 of 2 NOTE: With proper validation this form conutlnnes an enyoacnment oermlt CITY OF LA OI APPLICATION FOR OF LA QUINTA JUL 2 81995 LIC .. -PUBLIC WORKS CONSTRUCTION (ENCROACHMENT) For the construction of public: or private Curtis. driveww". pavemarm. sidewalks. parking lots. sewers. water "Mine other like Public works improvements in conneenon wioh MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS -h 9 OA – Subdivision Improvement Permit – Class 111 LOCATION OF CONSTRUCTION —4q" 4qq ESaZ�N �_ Mtnarl�Iy� Improvenwirt P"'"'t °aa` IV _lig) FAGSLA ���1Lji'A CA c�� [�cl� rl LIr� }-4 F(,7' - (Sam eadena or Oea wwaan at I.oabonf PURPOSE OF CONSTRUCTION — DAL1 Pc r�?� t Sketch (attach construction plans if sPOroPriete) DESCRIPTION OF CONSTRUCTION _ _ — Ac C-rAORE'D C0A4-171—ri' 5 DIME NSIONF INSTALLATION OR REMOVAL_Z '� F–i' x \ SIZE OF EXCAVATION. IF NEEDED spm Fes' X 7t� APPROXIMATE TIME WHEN WORK WILL 8EP1N APPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COST S S G� (including removal of all obstruction. materials, and debris. bacltfiH'uhg, const- pattion and placing permanent resurfacing and/or replacing improveme m, In consideranon of the granting of this permit. the applicant hereby agrees to: Inft—civ. defend erre ant go pry. its artflarized memo, Officers. reareserratleea and en owfeea. hamwen train ant tow= env rhd an parent".. I.aa"'es Or Iota neem" train maser at Court WOW ant arising out of env ees+daro. IOC Or Ratapeni g ar amurnna as a /ratinnaai dame" to persona or rem" of aaprapeity Inv "re uneran Under the oennrt Wanted ourwens to this soou=uod . NOUN the Admrn=nnrye Awttnanty et heat twenty.row (241 harms in advw" at the antler wren wort sail) be ar Carnaiv mall atloticWS «N Ordranoaa, the tearer and C*r4hnorra Of the Oerrnm anis sd scoiraoU rut" startle. grad replpaa O! ethl �' N Of La GUlno ant to parr for ww add tlona reptaeament neaiz� u the result Of this aorlt. - X Name of Apillnnt (please printi X Applicant or Agmt Business Address Telephone Na, Name of Contractor ane Job Farenan Addrea Tdephofe No. ContLicensector's License No. City Business License No. 7C RF -1 1 AV�1C_.� X S J z (D—] Z G07 Applicants Insure" Company Girt, LI AOI LATY Polly Number FEES: Suborvnsron (mprovemerrt Permit — CIass Ill Public improwrtentr 3% of estimsted construction can Pdvsta improwmentr. 3% of estimated construction naso Minor I morovement Permit —Class IV: See attached schedule tnspectlon Fee S Pwmrt Fee Penalty Cash Oeposlt.Surety Bond if required TOTAL: S 30F1� Receipt No. Received by Dab Recorded by 1308 F PERMIT VALIDATION PERMIT NO. Ll V DATE APPROVED EXPIRATION DATE DATE ISSUED By / Administratne Authority S TELEPHONE: (619)S841111911011IF YJ:'.WRC� J t TO: FROM: DATE: SUBJECT T -,dT 4.4 Qum& MEMORANDUM Saundra Juhola, Admin. Services Director Hector Guzman, Engineering Technician September 18, 1995 KSL La Quinta Hotel Corp. (P.P. 95-555) Ballroom Expansion The developer of the subject project has provided the City with 2 Letters of Credit. Letter of Credit #9310916 in the amount of $47,645 is security for the Fugitive Dust Mitigation Plan. Letter of Credit #9310932 in the amount of $25,000 is security for the median on Eisenhower Drive. Please keep these Letters of Credit in your Development file. cc: File, Permit # hg IF-IT.InAw FIRSTBANK, N.A. 73-000 Highway 111 Palm Desert, CA 92260 (619) 341-7000 "LENDER" ty Of La Quiata- IRREVOCABLE C(Opy LETTER OF CREDIT La Quinta, CA 92253 .; 9310916 'TELEPHONEiNO: CUSTOMER.:: RSL La Quinta Hotel Corp ADDRESS 49499 Eisenhower Drive La Quints, CA 92253-2722 .... . 7ECEPHONE'NO:::'..;'.;':;; ::' ::: >`:.:::z<.. ,.IDENTIFICA'nON (619) 564-4111 ExPIRATION;DATE : ; This Letter of Credit shall expire upon the earlier of 1. the close of business on August 15, 1996 and all drafts and accompanying statements or documents must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit is drawn. Lender indicated above ("Lender') hereby establishes at the request and for the account of Customer an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Forty Seven Thousand Six Hundred Forte Five and no/100 Dollars ($ 47,645.00 ) These funds shall be made available to Beneficiary against Lender's receipt'from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide Beneficiary with written notice of in the future) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS C(��Ipv Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions. Drafts drawn against this Irrevocable Letter of Credit will be honored when referenced to specific performance or non-performance regarding the property described as Tract PP 95-555 (Ballroom Expansion). This Letter of Credit is automatically renewable. FirstBank, N.A. reserves the right to cancel this Letter of Credit with 60 days written notice prior to the expiration of any extended term. Written notice will be given to RSL La Quints Hotel.Corporation and the Beneficiary. Upon Lender's honor of such drafts hereinafter, Lender, once the full amount of credit available under this Letter of Credit has been drawn, shall be fully discharged of its obligations under this Letter of Credit and shall•notNthereafter be obligated to make any further payments under this Letter of Credit in respect of such demand for payments to Beneficiary' or any other person. If a non -conforming demand is made, Lender shall notify Beneficiary of its dishonor on or'before the time mentioned in Section 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary or any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender and confirm any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked'DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 9310916 DATED August 15, 1995 ', and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee (only if transferable) may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws ® are permitted ❑ are not permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted thereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above less any partial draw(s). 3. PERMITTED TRANSFEREES ❑ This Letter of Credit may be transferred by Beneficiary upon providing Lender with prior written notice of the transfer. The Transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the Transferee, including drafts required under this Letter of Credit, are to be processed by Lender (or any intermediary) without the original Beneficiary s intervention and without any further responsibility on Lender's part to the original Beneficiary. ® The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representatives at law; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). MAST602 ©FormAtion Technologies, Inc. (3/2/94) (800) 937.3799 4. TRANSFEREE'S REQUIRED DOCUMENTS colpv When the presenter is a permitted Transferee under paragraph 3 above, the documents required for a draw shall include: A. All documents required elsewhere in,thi's`L"etter.of-Credit, except that such documents may be in the name of and executed by either the original Beneficiary or the pres'enter'permitted by paragraph 3; and B. When the presenter is a permitted Transferee under paragraph &A or a third party under 3.6, a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. 5. TIMING OF DISHONOR Under no circumstances shall Lender be precluded from relying upon any reason for dishonor given in a communication which Beneficiary or the presenter receives within three (3) Banking Days after Lender has received the last document forming part of Beneficiary`s presentment (the "Three -Day Period'). Lender shall be entitled to rely upon any such reason without regard to either (i) the timing of any presentment made before the Expiration Date, or (ii) the timing inside the Three -Day Period of any preliminary communication(s) from Lender concerning the dishonor decision itself or any reason for dishonor. For any such reason so given during the Three -Day Period, Lender shall be conclusively deemed to have met the "reasonable time', "without delay", and other timing requirements as the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication N0500, as most recently published by the International Chamber of Commerce (hereinafter called the "UCP") may impose. The Expiration Date shall not be extended to accommodate a presentment made with less than three (3) Banking Days to go before the Expiration Date, and Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a draw after the Expiration Date hereof. Nor shall Lender ever be required to communicate a dishonor decision or its reasons within a time less than the Three -Day Period. "Banking Day" shall mean any day, except Saturday, on which commercial banks located in the state of Lender's address are either not authorized or are not required to close. 6. COMPLIANCE BURDEN Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary-, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 7. NON -SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored tolhe-position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-seve'rability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within the Letter's body. 8. CHOICE OF LAW/JURISDICTION The UCP shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to this Letter of Credit. This Agreement shall be governed by and construed in accordance with the laws of the State of California , United States of America, except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary consent to the jurisdiction and venue of any court selected by Lender in its discretion located in the State of California in the event of any legal proceeding under this Letter of Credit. 9. EXPIRATION Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Lender on or before the Expiration Date. Dated: August 15, 1995 COPY LENDER: FirstBank, N.A. BV:����y James A" McCaughey Executi a Vice Preside ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures MAST602B aV FormAtion Technologies, Inc. (3/2/94) (800) 937-3799 '11"M I" FIRSTBANK, N.A. 73-000 Highway 111 Palm Desert, CA 92260 (619) 341-7000 "LENDER" City Of La Quinta ,t C0[P)%7 IRREVOCABLE LETTER OF CREDIT ADDRESS: 78495 Calle Tampico La Quints, CA 92253 NO.: 9310932 :TELEP.HONE NO.' : :.....:::........:...... ... ,..::...:.:...:.....::.: (619) 777-7012 <' IDENTIFICATIONNO ;CUSTOMER. '_ :: EXPIRATION DATE..:: ;. ;'• . RSL La Quints Hotel Corporation This Letter of Credit shall expire upon the earlier of: - ADDR 49499 Eisenhower Drive La Quinta, CA 92253-2722 TELEPHONE NO:.: :-:. IDENTIFICATION NO: (619) 564-4111 1. the close of business on August 16, 1996 and all drafts and accompanying statements or documents must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit is drawn. Lender indicated above ('Lender') hereby establishes at the request and for the account of Customer an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Twenty Five Thousand and no/100 Dollars ($ 25,000.00 ) These funds shall be made available to Beneficiary against Lender's receipt from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide Beneficiary with written notice of in the future) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: Drafts drawn against this Irrevocable Letter of Credit will be honored when referenced to specific performance or non—performance regarding the property described in Plot Plan 95-555/Specific Plan 121—E, Revised (amendment 3.), Item 11, Improvements. This Letter of Credit is automatically renewable. FirstBank, N.A. reserves the right to cancel this Letter of Credit with 60 days written notice prior to the expiration of any extended term. Written notice will be given to RSL La Quinta Hotel Corporation and the Beneficiary. Upon Lender's honor of such drafts hereinafter, Lender, once the full amount of credit available under this Letter of Credit has been drawn, shall be fully discharged of its obligations under this Letter of Credit and shall not thereafter be obligated to make any further payments under this Letter of Credit in respect of such demand for payments to Beneficiary or any other person. If a non -conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time mentioned in Section 5 below. Beneficiary shall have no recourse against Lender for any amount paid -under this Letter of Credit after Lender honors any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary or any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender and confirm any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS /'7 All drafts must be marked 'DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 9310932 DATED _August 16, 1995 ', and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee (only if transferable) may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws ® are permitted ❑ are not permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted thereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above less any partial draw(s). 3. PERMITTED TRANSFEREES ❑ This Letter of Credit may be transferred by Beneficiary upon providing Lender with prior written notice of the transfer. The Transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the Transferee, including drafts required under this Letter of Credit, are to be processed by Lender (or any intermediary) without the original Beneficiary's intervention and without any further responsibility on Lender's part to the original Beneficiary. ® The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representatives at law, and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). MAST602 ©FormAtlon Technologies, Inc. (3/2/84) (800) 837,3788 s 4. TRANSFEREE'S REQUIRED DOCUMENTS - When the presenter is a permitted Transferee under paragrapC �tla8Jpo2n%enrequired for a draw shall include: A. All documents required elsewhere in this Letter of Credit, except that such documents may be in the name of and executed by either the original Beneficiary or the presenter permitted by paragraph 3; and l B. When the presenter is a permitted Transferee under paragraph 3.A or a third party under 3.13, a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. 5. TIMING OF DISHONOR Under no circumstances shall Lender be precluded from relying upon any reason for dishonor given in a communication which Beneficiary or the presenter receives within three (3) Banking Days after Lender has received the last document forming part of Beneficiary's presentment (the 'Three -Day Period'). Lender shall be entitled to rely upon any such reason without regard to either (i) the timing of any presentment made before the Expiration Date, or (ii) the timing inside the Three -Day Period of any preliminary communication(s) from Lender concerning the dishonor decision itself or any reason for dishonor. For any such reason so given during the Three -Day Period, Lender shall be conclusively deemed to have met the 'reasonable time", 'without delay", and other timing requirements as the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No 500, as most recently published by the International Chamber of Commerce (hereinafter called the ° UCP ') .may impose. The Expiration Date shall not be extended to accommodate a presentment made with less than three (3) Banking Days to go before the Expiration Date, and Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a draw after the Expiration Date hereof. Nor shall Lender ever be required to communicate a dishonor decision or its reasons within a time less than the Three -Day Period. "Banking Day' shall mean any day, except Saturday, on which commercial banks located in the state of Lender's address are either not authorized or are not required to close. 6. COMPLIANCE BURDEN 7oter IPV Under no circumstances shall Lender be held responsible for any impossibility ordifficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and. continued approval of such wording. 7. NON -SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non -severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within the Letter's body. 8. CHOICE OF LAW/JURISDICTION The UCP shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to this Letter of Credit. This Agreement shall be governed by and construed in accordance with the laws of the State of California , United States of America, except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary consent to the jurisdiction and venue of any court selected by Lender in its discretion located in the State of _ California in the event of any legal proceeding under this Letter of Credit. 9. EXPIRATION Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Lender on or before the Expiration Date. Dated: August 16, 1995 LENDER: FirstBank, N.A. B(C�((DDTCDq James . McCAug ey Executive Vice Preside ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures oo L G 1,02 11,MD1`4 < a� l7jN�l�� MAST602B @ FonnAtion Technologies, Inc. (3/2/94) (600) 837-3789 Small Scale Construction/Demolition Projects RaAcres or Less), Fugitive Dust (PM10) Mitigationn Date: =�% q S Jurisdiction: L,* Obi r I File #: AR 9.5 ­s'ss" Part 1 - Project Information Please provide the information below as completely as possible even if it has already been provided on other forms related to this project. Failure to provide complete information or provision of inaccurate information may delay the processing of your Fugitive Dust (PMIO) ,'Mitigation Plan (Plan). It is recommended that you submit your Plan concurrent with your grading or demolition permit application. Project proponent: LA W\ts ',4 1 ajuTt> Address: 4ct_Ac�c Day phone number:c_-4,4_-l(,,$o Emergency phone number. S(A --11033 Grading contractor (Contact Person): NUENc) ")La S&'/- 680 Address: _�� �T cWg pIZ roA bU�.S CFS Day phone number. (.DIq .Z,4S _ ITIa Emergency phone number. Construction -site street address: 49_49°1 EF-�EN1� DI`Z. !,4 Qv�ts7� Construction site location: (Please include an 8.5 x 11 location map) Construction site assessor's parcel number (Tract #): (,3► - 3g�, _ e�CDCo Parcel (Tract) size: Acres or LfzSS7AA4,,a Square feet. Anticipated date of physical project initiation: Anticipated date of project completion: J,rs,,i,4 3),9(10 Anticipated costs for dust suppression: (Attachment B - Must also be completed and mailed to the appropriate address when construction activities have been completed) 1 All projects greater than one half (1/2) acre are also subject to SCAQMD Rules 403 and 403.1. 1d3d -4Nd O ink 2 �.trrj Lvp s� � 3an��is' UYj�y ATTACHMENT B - COST INFORMATION Small Scale Construction/Demolition Projects (5 acres or Less) Fugitive Dust (PM10) Mitigation Plan Date: 7 z.4/qs Jurisdiction: Project -File #: 0 Project proponent: LA C U =P� ,. Taj .4- Address: 4q- 499 lA W113Te, c., 92_2.,.53 Day phone number: CcIQ-'--_:CA--7Gb0 Emergency phone number: SCP4 In the space provided below please list the costs associated with implementation of all dust control measures. The information provided below should include all implementation costs (including labor) for dust control throughout the project. Not all measures listed below will apply to all projects. . Watering:— Chemical stabilization: Wind fencing: Covering haul vehicles: _. Wheel washers: Street sweeping: Paving: Wind sheltering: ._. Coverings: Vegetation reestablishment: S,�o After project completion these records shall be transmitted to the Jurisdiction where the grading demolition permit was attained and to the Coachella valley Association of Governments (CVAG) at the address provided below. PM10 Cost Monitoring Coachella Valley Association of Government_ s 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Part 2 - Fuzitive Dust Control Actions From the inventory of fugitive dust control measures provided in Attachment A, please indicate which measures are to be implemented during the project by placing the letter beneath the fugitive 'dust, sources listed below. Please indicate at which phase the measure will be implemented, either at Rough Grading (RG), Finish Grading (FG), or Final' Construction (FC). Demolition projects should only indicate measures in the Rough Grading (RG) column. After indicating what measures are to be implemented complete the 'Details" section by describing how and when the measures are to be implemented RG FG FC Details (e.g., freouencv of application, number and type of dust control implements, etc. Please be as specific as possible) y Unpaved Roads Storage Piles Paved Road Track -out NUEVO ENGINEERING ID:6193456704 JUL 28'95 11:28 No.002 P.01 $D LO YS Det Wills (4sg„ CM019Aner of aRpilcatlon. number And lot of dug enntrnl tmblernenIll Misr In ow ir land f ivaring car ForthAtnving OF Dlstud wA Susince Arws _fit`.[ aTU_ WWWOMW47,71 1 cenify that the information contained in this Fugitive Dust (PM10) Mitigation Plan is true and accurate and that all measures specified in Part 2 will be implemented during project construction. I authorize the City of La Quints to enter the above mentioned property for inspection and/or abatement purposes. and I agree to hold harmless the City and its representatives from liability for any actions related to this project. I also agree to complete the record-keeping requirements included herein as Attachment B once the Project has been completed. I havitlead the conditions of the FWve Dust (PMIO) Mitigation Plan and the owner has authoriz a implementat' f =Xtsovisions throughout project buildout. 9 (Ifnot the same U above) 10 0 I ATTACHMENT A - REASONABLY AVAILABLE CONTROL MEASURES The left column contains -the sources of fugitive dust which are intended for emission control under the City's dust control ordinance. The two right columns contain an inventory and description of reasonably available fugitive dust control measures for each of the sources. Please use this information as a guide when preparing a Fugitive Dust (PM10) Mitigation Plan. (Source No) Reasonably Available Source Control Measures Comments (1) Land (A) Watering o Application of water by means of truck, hoses and/ Clearing/ or. sprinklers prior to any land clearing or earth Earth. movement will increase the moisture content thereby moving increasing stability of material o Once the initial land clearing/.earth movement activities are complete, a second round of watering can generate a thin crust which stabilizes the disturbed surface areas provided that it is not disturbed . o Security fencing can be used to prevent unwanted future disturbances of sites where a surface crust has been created (B) Chemical stabilization o Only effective in areas which are not subject to daily disturbances o Vendors can supply information on product application and required concentrations (C) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas can be effective in reducing the amount of wind blown material leaving a site o Should be used in conjunction with other measures (D) Cover haul vehicles o Entire surface area -should be covered once vehicle is full (E) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved areas o System can be adjusted to spray entire vehicle, including stored bulk material in haul vehicles (2) Unpaved (F) Paving o Requires street sweeping/cleaning if subject to material Roads accumulation (G) Chemical Stabilization -o Vendors can supply information as to application methods and concentrations o Not recommended for roads with high volumes or those used. -for heavy equipment (H) Watering o In sufficient quantities to keep surface moist o Required application frequency will vary according to soil type, weather conditions, and vehicular use (Source No) Reasonably Available ouece Control Measures- - Comments (2) Unpaved . (1) Reduce speed limits o 15 mile per hour maximum Roads (Cont'd) (J) Reduce vehicle trips o Access restriction or redirecting traffic to paved.roads in order to reduce vehicle trips by a minimum of 60 percent ------------------------------------------------------------------------------------------------------------------------------------------ (3) Storage (K) Wind sheltering o, Choices include silos or enclosures Piles o Enclosures should consist of three sided barriers equal to height of material with no more than 50 percent porosity (L) Wet suppression o Application methods include: spray bars, hoses and water trucks o Frequency of application will vary on site specific conditions (M) Chemical suppression o Best for use on storage piles subject to infrequent disturbances (N) Altering loadin/loadout o Confine loadin/loadout procedures to leeward (downwind) side procedures of the material o Most effective when used in conjunction with wind sheltering (0) Coverings o Tarps; plastic, or other material can be used as temporary coverings o When used, these should be anchored to prevent wind from removing coverings -------------------------------------------- ------------------------------- — ---------------------------- (q) Paved (P) Wheel washers o Should be placed where vehicles exit unpaved areas onto paved Road areas Track -out o System can be adjusted to spray entire vehicle, including stored bulk material in haul vehicles (Q) Sweep/clean roadways o Either sweeping or water flushing may be used (R) Cover haul vehicles o Entire surface area should be covered once vehicle is' full (5) Disturbed (S) Chemical stabilization o Vendors can supply information on methods for application and Areas/ required concentrations Inactive Construction Sites (T) Watering o Would require frequent applications unless a crust can be developed over the site (U) Wind fencing o Three to five foot barriers adjacent to roadways or urban areas= can be effective in reducing the amount of wind blown material leaving a site o. Should be used in conjunction with other measures (V) Vegetation o Establish as quickly as. possible when active operations have establishment ceased o Use of drought tolerant, native vegetation is encouraged V, For City Use Only. Based on all of the'provisions contained in this Fugitive Dust (PM10) Mitigation Plan the Plan is: Approved Conditionally approved (Conditions specified below) Denied (Explanation attached) Signature bf City Representative (Date) The following conditions. of approval have been added to the Plan by staff in order to ensure an adequate level of fugitive dust controL t (Attach additional intormation it necessary t I have read the above conditions of the Fugitive Dust (PM10) Mitigation Plan and I agree to implement all provisions at the concentrations and frequencies identified. Signature of wner; or Authorized epresentative ate CONDITIONS FOR FDCP APPLICATION: KSL LAND CORP./LA QUINTA RESORT Sz CLUB < 1 ACRE - PP 95-555 - BALLROOM EXPANSION 1. Applicant shall comply with all control measures as set forth in the approved FDCP application, which shall include the following additional measures. 2. The full amount of security furnished for the approved FDCP ($47,645) shall be available to the City for any measure(s) deemed necessary by the City to achieve adequate dust control, whether or -not such additional measures are included by the applicant for this application. 3. Applicant shall submit copies of all records/invoices related to cost accounting for the dust control measures assumed during grading construction. Said records shall be submitted within 30 days after completion of all dust control measures as outlined in the plan, including any measures made part of the plan as a condition to its approval. Security may be withheld pending submittal of this information. All such invoices shall be provided, along with the required completion of the PM 10 Program Report Form, which can be obtained from the Public Works or Community Development Departments. 4. Paved roadways in areas to be graded shall be cleaned of track -out and flushed with water and/or wet -swept in sufficient frequencies andamounts so as to prevent blowing dust conditions due to traffic on pavement. Track -out or other accum- ulations of soil material(s) shall be prevented onto any paved public streets outside of the areas proposed for grading. Construction access ways to paved areas shall be improved with A.C. paving, aggregate base course or other similar method in order to minimize -track out onto paved areas. Any track -out or other accum- ulation of soil material(s) onto paved 'areas, whether public or private, shall be wet -swept or water flushed by the end of the work day, and shall be kept damp during construction operation hours until so removed. 5. All soils associated with export activities shall be sufficiently stabilized (watered down) so as not to create dust during loading and transport. Minimum freeboard shall be as established by the Public Works Department. Applicant shall identify the destination of export' material and show authorization/approval for its placement. On and off-site storage piles shall either be stabilized, covered or watered down at sufficient intervals in order to maintain a sufficient moisture content at all times. 6. Enforcement of these conditions shall be at the discretion of the assigned grading inspector, who shall monitor and field verify that the spirit and intent of the FDCP and its attached conditions are being complied with. Adjustments to application frequencies, quantities and other aspects of this FDCP may be made by the inspector, at his/her discretion, in.order to insure, compliance. 7. All unpaved construction access ways and approved travelways within the site shall be kept watered down and compacted to retain moisture content during all construction traffic/activity, including building construction. Road. lengths shall be watered each day, prior to any traffic activity and at the end of the day after all activity has ceased. All track -out shall be removed as per Condition #4. 8. Disturbed but inactive development areas proposed for watering only shall be watered daily in conjunction with watering of access roads and developing areas. ,If the soil composition is not conducive to formation of a hardened surface, an appropriate chemical binder shall be applied as a remedial measure. The City may release a portion of the bonded amount to the applicant for such work. Adequacy of all proposed and conditional stabilization measures shall be determined by the assigned grading inspector. 9. All stabilized soil areas where grading, construction or other land disturbance will not occur within 30 days, shall be staked, posted or otherwise restricted in order to prevent any vehicular access on to or over those areas. All areas where any such land disturbance activities occur shall be stabilized no later than four days after completion of the activity, in accordance with the provisions and conditions for this dust control plan approval. 1 78-495 CALLE TAMPICO - LA QUINTA, -CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777=7101 TO:' Saundra Juhola, Admin. Services Director FROM: Marcus Fuller, Assistant Engineer I e/ VIA: David Cosper, Public Works Director/City Engineer DATE: March 7, 1996 SUBJECT: P.P. #95-555 - La Quirita Hotel Ballroom Expansion The developer of the referenced project has requested the release of,the Letter, of Credit in the amount of $47,645.00 for dust control measures, as was agreed to with their PM -10 Fugitive'Dust' Mitigation, Plan. As all site improvements have been completed, the letter of credit is no longer needed. Please return the original to: KSL La Quinta Hotel Corp 49499 Eisenhower Drive La Quinta, CA 92253-2722 c: File, Permit 2407 mf AKS MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 \43(J _ RESORT & CLUB City of La Quinta 78 495 Calle Tampico La Quinta, CA 92253 =_ - February 27, 1995 - RL�L�u J - _ FEB 2 B-1996 Re: _ Grading Bond -La Quinta Resort & Club 1995 Ballroom Addition Dear Sirs: Regarding the attached PM 10 Program Form, please be advised that we are complete with the portion of the work covered by this bond and would appreciate your release of the bond in the amount of $47,645.00. Thank you for your assistance. Please contact me if you have any questions at 564-7680. Sincerely, - - Greg Burkhart Chief Engineer 49-499 Eisenhower Drive, Post Office Box 69, La Quinta, California 92253, TeL 619.564.4111, Fax 619.564.7656 PM 10 Program Repoli Form I. GMMERAL 071OHNIMOR Project Developer Nemo : t:5;- W Qu 11 TTA H<FTML- G¢Sv-p Address: SG. 14oA Phone: - O ?roject Site L-A\(;XJ1t3TA ACA Project Title 1995 Bit AjZ:brTrj, Address: 41-40P1 G 1 t _b2 Trac_ ,io.: Acreage: < , Grading Subcoet.-actor (i= di.::e_-eat) Name: WLCVC) , .!►JC1 ;�±C_ L4ll�.TifZ--C CkYS Address:q-�1j cA ZZ,p Phone: _ ?EASES? TRS 30' Z_ so how xaav? IL_ Tape of Develo=ent!?rojec�: C--=== al)L siagle ?amily_ MUti Family_ Demolition other Date of P.rject!?hese Star=-QD:Z ase o: ?rojeCalPhase Cleto2a:��ci�1r IZ. COST MORMATIM If actual costs are not available, please estimate to the best of your ability. 1. S:piTJDt: Amount: >9 Total Cost: FziZ qS 2. 3QQI2_88T COSI S : a.-" Aatar Lack: dumber on Site: Total Cost :��.SE0 . " _� Sourly Rater_ Hours : .ME1- B. St--Vet Sweeper: number on Site: _ Total Cast: scurly Rate: j Hours: C. Temporary 1r_igation: Tota? Crst: D. Wind ?eating: Linear Ft.: - Total Cast::_ cost/pt.: E. CbemicaV-Waitarial Stab a--t_on: Total Cost:. Sq. Ft. - Cost per Sq. et.: - F. vegetation Coat: Material: Total Cost: Scrn.— igaintenaace: G. Other: Tyr,.-.- Total Cost: ti; ,— Eourly Rate: Hours: 3. LABOR CAST: Hourly Rater Total Cast:�C) aour_:-O 4. aDML*rISMRAT'ICN COSTS: Total Cost: 4OC - III. TOTAL COSTS: Add Items 1 - 4 for total cost. _'OZ.1. COST: Al AS ?LZME RE':7RN ,ORP! AT COPO*_Z"_'.ON OF ?RO..r.0-. CR ?EASE OR AlWMILY ?ROP! THE @ATE OF ?RO.rZC'R/?SASE ST RI- Up. u U3 t /94 11/14/1995 FIRSTBANK, N.A. 73,000 Highway 111 Palm Desert, CA 92260 (619) 341-70DO 'LENDER - F— BENEF1 T Of La Quint& IRREVOCABLE LETTER OF CREDIT 78499 Calle Tie leo La Quints, ca 93243 NO.:_931o916 .......... RSL La Quiotn Botel Corp ' aaotea94 69499 Eisenhower Drive La Quints, CG 92253-2722 TEU"ONE no. teEllreiC111feM r1O, 161 564-4111 This letter of Credit @hall expire upon the earlier of - 1. C1. the dose of business on Aneeet 1S 1996 and all drafts and accompanying statements or document@ must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit to drawn. Lender indicated above ('Lender? hereby establiehea at Me requem end for the account of Customer an Irrevocable Letter of Croda in favor of Beneficiary for a sum of Forty seven Thousand t six Hundred the Fat Dollars Five and no/loo _ These funds shall be made available to Beneficiaryary Dollars a 47.605.0e _ ) he address indicated above (or such other address that Lender may provide Beneficiary with written notice oaf Inthefuture) during `dreger ul business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: Drafts drawn against this irrevocable Letter of Credit will be honored when referenced to apsoific perferaaaee or noo–performance regarding the property described an Tract AF 9s–s55 (Ballrona lxlpanSion), This Letter of Credit is automatically renewable. Firsteaak, M.A. reserves the right to cancel this Letter of Credit with 60 days written notice prior to the expiration of any extended teras. Written notice will be given to Km La Quanta Hotel Corporation and the Beneficiary. Upon Lenders honor of such drafts hereinafter. Lender, once the full amount of credit available under this Letter of Credit has been drawn, shall be fulty discharged of its obligations under this Letter of Credit and shall not thereafter be obligated to make any further Payments under this Leser of Credit In respect of such demand for payments to Beneficiary or any other person. II a nonconforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time mentioned in Section 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document which compfiea strictly with this Letter of Credit, and which on ata face appears otherwise M order but which is signed, Issued, or preasmed by any party or under the name of any party purporting to ad for Bensfidery, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letter of Credit. Lender makes no representation as to to correctness of the amount demanded and Lender shalt not be Ilable to Benefcary or any other person for or In respect to any amount so paid or disbursed for any reason whatsoever, Including, without fimite6on, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary cetttffes that Beneficiary has not and will not present upon the other, unless and until Beneficiary moats with dishonor. Beneficiary promisee to retum to Lender and confirm any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount, 2. USE RESTRICTIONS All drafts must be marked'DRAWN UNDER Firstp&pk N A IRREVOCABLE LETTER OF CREDIT NO. 9310916 --DATED _Auguic .15L^1^1995 and the amount of each draft shag be marked on the draft. Only Beneficiary or Beneficiary's Transferee (ony if transferable) may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Craft This original Latter of Credit must accompany any draft drawn hereunder. Partial draws r.,A are permitted ❑ are not permitted under this Letter of Credit. Lenders honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender Shall return this original Loner of Credit to Beneficiary with the partial drew noted thereon; In the alternative, and in its Sok discretion, Lender may Issue a substitute Letter of Credit to Beneficiary in to amount shown above less any partial draw(s). 3- PERMITTED TRANSFEREES L) This Letter of Credit may be tranetwed by Beneficiary upon providing Lender with prior written notice of the transfer. The Transferee shalt be doomed the now Beneficiary of this Letter of Credit and the documents of the Transferee, including drafts required under this Leiter of Credit, aro to be processed by Lender (or any Intermad'iary) without the original Benefidarye Intervention and without any further reaponabgity, on Lender's part to the original Beneficiary. %) The right to draw under this Letter of Credit shall be nontransferable, except for. A. A transfer (in its entirety, but not in part) by direct operation of low to to original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, eueesssor, or other representative$ at law; and 8. The first immediate transferM Its "illi l ►ctYr nit perry:byah IUp9roplesntafive to a third party ager express approval of a governmental body Qudlelal, adminletrativo, or ex cutive). ;r Ca ~