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3344NAOTE: � With proper validation f this form constitutes 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 DATE: 11/28/00 LOCATION OF CONSTRUCTION Ave. 58 (Street address or Description of Location) Subdivision Improvement Permit — Class III Minor Improvement Permit Class IV PURPOSE OF CONSTRUCTION RELOCATE CVWD irrigation Sketch (attach construction plans if appropriate) lateral line 123.45-:.75 DESCRIPTION OF CONSTRUCTION DIMENSION OF INSTALLATION OR REMOVAL 2600 LP SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN 11/22/00 APPROXIMATE TIME OF COMPLETION 12/22/00 ESTIMATED CONSTRUCTION COST $ 250.000 (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: See Attached Special Coitdit-ions r-0 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. .,j Signature of Applicant or Agent F&F Grading, Inc. P.O. Box 1487, Coachella, CA 92236 398-5587 Name of Applicant (please print) Business Address Telephone No. Name of Contractor and Job Foreman Business Address Telephone No. 727144 Contractor's License No. 05809 City Business License No. State Fund 1576199-00 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class II 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 $ "'}': �1r��'"' Permit Fee Penalty Cash Deposit -Surety Bond if required . TOTAL: Receipt No. Received by Recorded by 100 $ Date 44 PERMIT VALIDATION PERMIT NO. 3344 DATE APPROVED 11/28/00 EXPIRATION DATE 2/28/01 DATE ISSUED 11/291/00 gy_J�I.//1.�'.7i' Administrative Authority Telephone: (760) 777-7075 SPECIAL CONDITIONS --PERMIT NO. 3344 --- KSL / F & F Grading, Inc. --- In addition to the standard permit conditions, the following shall apply: Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all work shall be performed in accordance with the latest edition of the Standard Specifications For Public Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer. 2. KSL / F & F Grading, Inc., hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. All areas shall be kept watered down daily including weekends. 3. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently if required. 4. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 §.1, 1982), throughout the work site, the Permittee shall comply with City regulated work hours. 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. Work shall be prohibited on legal holidays and Sundays. 5. Work performed within 500 feet of a signalized intersection is restricted between the hours of 9 a.m. - 3 p.m. Traffic control shall be set up after 9 a.m. and removed before 3 p.m. The Permittee shall contact the Riverside Country Traffic Signal Maintenance Department at (909) 275-6894 if signal operation at the intersection is to be altered in any way. 6. Pursuant to Section 14.16.110 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), Permittee shall assume responsibility for repair of any pavement damage to any public or private street and for any damage to other City streets or facilities as a result of work performed under this permit. 7. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), advance warning signs and traffic control shall be installed and maintained in accordance with Cal Trans Standards or the Work Area Traffic Control Handbook (WATCH Manual). A traffic control plan, if required, shall be prepared in accordance with the WATCH Manual and submitted to the City for review and approval one (1) week prior to starting any construction. It shall be the Permittee's responsibility to appropriately detour and barricade all construction sites. Special Conditions - Permit No. 3344 Page 1 of 4 SPECIAL CONDITIONS --PERMIT NO. 3344 --- KSL / F & F Grading, Inc. --- Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), street closures shall not be permitted. A minimum of one travel lane of paved surface shall be maintained with flagmen at all times. - Prior to excavating, if required, the Permittee shall contact Underground Service- Alert at 1-800-422- 4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated excavation which impact City facilities, including but not limited to traffic signal conduits and loops, irrigation lines, electrical conduits, and storm drain facilities. 1.0. 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. 11. Pursuant to Section 14:16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified herein. Native material may be used as backfill material provided that minimum compaction, achieved in the manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water densified compaction via jetting or flooding or other means shall be allowed. It shall be the Permittee's responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all times during backfill operations. Backfill compaction shall be achieved by the following conditions: A. When a firm foundation is not encountered due to soft, spongy or other unsuitable material, such material shall be removed to the limits directed by the Geotechnical Inspector and/or the City Inspector and the resulting excavation backfilled with pipe bedding material. B. . Backfill materials shall be brought to or maintained at an appropriate moisture content for compaction. The appropriate moisture content range shall be established at the onset of the project and ensured prior to use of the materials through progress testing on the stockpiles. C. The first length of trench backfilled shall be backfilled in the presence of the City Inspector. Compaction shall be tested at random depths at approximate three-foot vertical intervals as backfill is placed to ensure the. effectiveness of the compaction methods and to establish the depth of lift that can be compacted. -- D. If lifts -greater than one--foot-are-attempted-in this -trial length -of -trench,. compaction tests shall be taken within the lifts to ensure that the full depth of the lift is compacted. Upon satisfactory completion of this portion of trench, the City Inspector shall establish the maximum lift thickness to be compacted for the remainder of the project. Special Conditions - Permit No. 3344 . Page 2 of 4 SPECIAL CONDITIONS --PERMIT NO. 3344 --- KSL / F & F Grading, Inc. --- F. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of backfill, per 3001inear feet of open trench, at randomly selected locations within the open length of trench. G. The depth of the randomly selected compaction tests shall also be randomly selected except that where multiple tests are required in a given length of trench, the tests shall be no closer than three feet (vertically) from each other. H. If any compaction test fails, previously placed backfill (in the same length of open trench or previous lengths of trench) which is represented by the failing test (as determined by the City Inspector), shall be tested for compliance with compaction requirements. I. All costs incurred due to the conditions above shall be borne by the Permittee. Copies of all test results shall be furnished to the City Inspector. 12. All excavations within City of La Quinta right-of-way shall be backfilled, and temporarily paved if within the existing travel way, at the end of every workday as directed by and to the satisfaction of the City Engineer for the protection of the public. Lengths of open trench shall not greatly exceed that which can not be backfilled in the same day. Excavated trenches shall not be allowed open overnight, however, Permittee may leave a length of excavated trench, not to exceed twenty (20) feet in length, open overnight at a point where construction will begin the next day, provided that this length of trench is completely covered by steel plating. 13. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. . 14. Access and egress to all local properties shall be maintained at all times. 15. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), permanent pavement replacement shall be completed no later than seven (7) days after the completion of the work. Permanent pavement replacement shall conform to the following conditions: A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall be straight and clean. B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard Specifications for Public Works. Construction. The replaced pavement and base material shall be compacted to 95% relative compaction and respectively tested, for each 300 linear feet of trench. Verify exact structural replacement section thicknesses with the City prior to installation. Special Conditions - Permit No.-3344 Page 3 of 4 SPECIAL CONDITIONS --PERMIT. NO. 3344 --- KSL / F & F Grading, Inc. --- C. Permanent pavement replacement shall be installed using a City approved'/4" max medium asphalt concrete as the base course lift and a City approved'/z" max medium finish course lift for capping. Asphalt concrete mix design shall be approved by the City prior to its placement. D. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the trenching operation located adjacent to the trench saw cut shall be cold -milled to a depth of 0,10 feet with butt joint created next to the existing unmilled pavement surface. The cold - milled area and base asphalt concrete in the trench area shall be overlaid with a City approved C2-AR-4000 asphalt concrete mix. The width of the cold milling area shall be as follows: • For longitudinal trenches located in a parking lane: two (2) feet outside the sawcut removal lines. • For longitudinal trenches located in a traffic lane: two (2) feet outside the sawcut removal lines, or to the lane line striping, whichever is greater. • For transverse trenches across existing street: two (2) feet outside the sawcut removal lines. E. If grinding and capping operations are not performed in the same day as base paving operations, the base course lift of max medium asphalt concrete shall be installed from saw -cut edge to saw -cut edge flush with the existing street surface. The base course lift of paving shall not.be left 0.10' low in anticipation of grinding and capping. F. Any existing lane striping affected by this resurfacing shall be replaced in kind by the Permittee, as directed by and to the satisfaction of the City Engineer. Affected traffic signal loops shall be removed and replaced in kind. The finished pavement surface shall be smooth, consistent, and shall conform to the surrounding grades. 16. Permittee shall permanently stabilize any and all soil that was disturbed as a result of work performed under this permit with an approved dust control treatment. Soil stabilization shall be done immediately after completing the operation. 17. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § I (part), 1982) the City has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets not part of the Truck Route network) is three (3) tons; trucks exceeding the weight limit may use a restricted street if making a delivery or pickup on the subject street, or if this permit specifically grants permission to use the street to deliver street construction materials and/or equipment. 18. This permit allows for the construction/installation of 1,382 feet of 18" PVC pipe, 1,266 feet of 24" PVC pipe and 68 feet of 12" PVC pipe for the irrigation lateral 123.45-0.75 replacement, located on Avenue 58 at Madison Street, per CVWD's drawing no. 26659 thru 26663, dated 10/06/2000, plan sheets 1 thru 5. The permittee shall coordinate with Riverside County for permit requirement for work within the County right of way. 19. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. Special Conditions - Permit No. 3344 Page 4 of 4 stol•iil.IOl911 puoyaap,y ..._ Aa rron,00,e asp —. IQpnAisoly n11+oW^V ►A1►f11OUn„1'a $. A � - _� 9 1 •oNlmAvy �'�" 03(15s1 elvn �9 9 �1V10A GB / Z 2 ]1V0 NOIAvald!+3 —. w/p,I,u1! / O WOA AAun4UsodsO ysr0 04AMUddv 3LY0 - Al(AUJd Q � "GN 11uYtt 1d —" f Q a+A 11w.J �� 3 »�uuu:1611YI ! NOIlVO11eA ltwn ,A l . 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's 11rx -anl fkj(41 l 'sgemMe' '1w"w4nfd 'tAeAu•Itp 's11m Mcf4ju ,1. riona (o vo!unnsuol ays 1tj _ I1N3WH�d0?IJN71 Nu11JIlaiSNn7 31U0M Sllond 11tiHirl UN N0l17J1 Idd0 pw1, u.au I I, -.I jw VLNVjU C'1 :in A115 I 1ponlnil nlmauullpa, Yo!teolleA sedw;1 VM !UON �Ly o,drg Z .41. M/K 'd £05£1LL6 'ON Xd� INMOUAM 1SN' Wd 8b:50 NOW OOH LZ-AON NOV-27-2000 MON 05:48 PM KSL DEVELOPMENT FAX NO, 97713503 P. 01102 FAX TRANSMITTAL DATE: NovemUer 27, 2000 FROM: Mike Cus:c KSL Develwillent C.oVration 55 920 PGA BOUIP.V9rd La Quinta, CA. 92263 70D15b4.3957 tax 760/564 -7131 me ck(a.kslmail.r,'nm TO: 11su City of La (.biiMA 7i30/777-'/1:-1: Attention: James Lilld�vv Total pRgps including cvver 5heet:. REMARKS: RECEIVED NOV 2 7 2000 PUBLIC WORKS COACHELLA VALLEY WATER DISTRICT POST OFT ICE BOX 1058 COACHELLA, CALIFORNIA 92236 ENCROACHMENT PERMIT TEMPORARY X CONSTRUCTION Underground Service Alert Inquiry Identification Number rjo•) -' (Permit invalid without this number.) File: 0652.31 TO (PERMITTEE): F & F Grading, Inc. ADDRESS: Post Office Box 1487, La Quinta, California 92253 and subject to the following, PERMISSION IS HEREBY GRANTED to F & F GRADING, INC., to install 1,382 feet of 18-inch PVC pipe, 1,266 feet of 24-inch PVC pipe and 68 feet of 12-inch PVC pipe for the lateral 123.45-0.75 replacement project located on Avenue 58 and Madison Street. This project is located in the southwest quarter of section 22, township 6 south, range 7 east, San Bernardino Meridian. The following attachments are also included as part of this permit (check applicable): 1. General provisions: X Yes 2. Special provisions: X Yes, Nos. 1, 4, 6, 7, 8, 9, 16, 17, 23, 24 and 25 No This permit is void unless the work is completed before December 31, 2000. This permit is to be strictly construed and no work other than that described above is authorized. Date: DDK: 1\eng\rw\nov\Wgrading APPROVED BY- I ism Levy General Manager -Chief Engineer Permit No. 060722-3-CON CVWD-593 (Rev. 5/99) COACHELLA VALLEY WATER DISTRICT SPECIAL PROVISIONS TO ENCROACHMENT PERMIT NO. 060722-3-CON X 1. INSPECTION FEE: The permittee shall deposit $1,000 with the district at least five working days prior to the anticipated start of work covered by the permit. Said amount is to cover the estimated cost of inspection, investigation, testing, etc., by the district of the work under the permit. 2. IT SHOULD BE NOTED that the interest of the district in said land is limited to an easement for flood control purposes and consequently this permit does not represent sole authorization required for the construction of said facility. Permittee shall obtain written approval of the owners of the fee title to the district's easement. Copies of the approvals shall be provided the district prior to the start of work. 3. The permit is issued to the permittee for operation and maintenance of the facility only. The permittee's contractor shall apply for and obtain a permit for construction prior to starting work. X 4. Permit not valid without Underground Service Alert identification number. 5. Underground Service Alert identification number not required. Construction will not be done by permittee. X 6. The permittee shall maintain the surface over facilities placed under any permit for a period of one year after completion of work under the permit. If the district right-of-way is not restored as herein provided for, or if district elects to make' repairs, permittee agrees by acceptance of permit to bear the cost thereof. X 7. Prior to commencement of any work of this permit, the contractor shall participate in a preconstruction conference with district inspection staff. To schedule a preconstruction conference, contact the district senior inspector. X' 8. No work shall be done under the permit outside of the normal working hours of district employees except in the presence of the district inspector. Permittee shall first obtain the consent of the district senior inspector. X 9. The work shall be constructed in accordance with district Drawing Nos. 26659 through 26663. 10. Soil shall be removed such that a pilot channel is constructed in the center of the channel. Pilot channel shall be feet in width with side slopes of horizontal to vertical. The pilot channel shall have a minimum depth of feet. 11. Earth shall be removed on a uniform gradient and in such a manner that no holes are created which will cause ponding of runoff. 12. Permittee shall contact the district stormwater engineer for location to deposit material within channel right-of-way. 13. Permittee shall contact the district right-of-way division at least 48 hours prior to beginning of work. 14. The work authorized by the permit is limited to the following area: 15. Permittee shall not remove dirt within feet of the edge of pavement and shall remove dirt from the area shown on attached Exhibit X 16. All work within district right-of-way shall conform to the following standards of construction: Standard Specifications State of California Department of Transportation (Caltrans), most current edition. X Standard Specifications for Public Works Construction as written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California (Green Book), most current edition. X District Standard Specifications for Construction of. X Domestic water systems X Sanitary sewer systems X 17. Permittee shall provide a set of record drawings, including changes and all dimensions and lengths as required by district, within 15 calendar days after completion of work. 18. Permittee shall not remove any channel lining between June 1 and October 31. Permittee shall replace any removed lining on or before June 1. 19. Permittee shall abide by stormwater discharge regulations adopted by the U.S. Environmental Protection Agency and by the State Water Resources Control Board. 20. Permit not valid without district receipt for drainage inlet fees. 21. The work authorized by this permit includes the inlet of drainage into a district stormwater facility. This inlet is for storm runoff only. Nuisance water such as landscape irrigation runoff, street cleaning runoff, etc. is not permitted to be conveyed via this inlet. The drainage of nuisance waters through this inlet is grounds for revocation of this operation and maintenance permit. 22. In the event permit activity including, but not limited to, clearing, grading and excavation results in a land disturbance of five or more acres, the permittee shall: Submit a Notice of Intent (State Form II) in compliance with the terms of the general permit to discharge stormwater associated with construction activity to the State Water Resources Control Board and to the district. State Water Resources Control Board Division of Water Quality Attention: Stormwater Permit Unit Post Office Box 1977 Sacramento, California 95812 Submit a Stormwater Pollution Prevention Plan (SWPPP) to the district for review. A copy of the SWPPP shall be retained at the construction site. The SWPPP shall meet the requirements of the State Water Resources Control Board Order No. 92-08-DWQ. X 23. In the event any action is brought by any person for violation of any of the terms and conditions of this permit, the district shall be held harmless and assumes no responsibility for damages, claims or suits in connection with said permit. X 24. Permittee, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas and all other work areas free from dust. X 25. Permit valid only so long as insurance is in effect. CV W D-596 DDK. jl\eng\rw\nov\f&fgmding (Rev. 5/99) COACHELLA VALLEY WATER DISTRICT GENERAL PROVISIONS TO ENCROACHMENT PERMIT DEFINITIONS: a. DISTRICT means the Coachella Valley Water District. b. INQUIRY IDENTIFICATION NUMBER means the number which shall be provided by Underground Service Alert (USA) to every person who contacts USA pursuant to section 4215.5 of the Government Code. C. PERMIT means the Encroachment Permit issued to Permittee by the District. d. PERMITTEE means the individual, public corporation, public utility or other agency or entity which has been issued a Permit. e. INSTALLATION means any facility proposed to be constructed within District rights -of - way. 2. ACCEPTANCE OF PROVISIONS: It is understood and agreed by the Permittee that the doing of any work under this Permit shall constitute an acceptance of the provisions of this Permit and all attachments, and failure to comply with said Permit and attachments shall result in revocation of this Permit by the District. 3. NO PRECEDENT ESTABLISHED: The Permit is issued with the understanding that any particular action is not to be considered as establishing precedent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right-of-way of the District, or (2) as to the acceptability of any such permits as to any other or`future situation. , 4. RESPONSIBLE PARTY: No parties other than the named Permittee and its successors and assignees are authorized to work under this Permit. 5. NOTICE PRIOR TO STARTING WORK: Before starting work under the Permit, the Permittee shall notify the General Manager -Chief Engineer or other designated employee, in writing, three working days prior to initial start of work and shall give the District the Inquiry Identification Number. When work has been interrupted for two working days or more an additional 24-hour notification, either verbal or in writing, is required before resuming work. 6. KEEP PERMIT ON THE WORK: The Permit or a copy thereof shall be kept at the site of the work and must be shown to any representative of the District or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE. 7. CONFLICTING PERMITS: If a prior encroachment conflicts with the proposed work, the new Permittee must arrange for any necessary removal or relocation with the prior Permittee. Any such removal or relocation will be at no expense to the District. CVWD-595 Page I Rev. 6/00 8. PERMITS FROM OTHER AGENCIES: The Permittee shall, whenever the same is required by law, secure the written order or consent to any work under a permit from the Public Utilities Commission of the State of California, Cal -OSHA, or any other federal, state or local agency having jurisdiction and the Permit shall not be valid until such order or consent is obtained. 9. CLEAN UP RIGHT-OF-WAY: Upon completion of the work, all brush, timber, scraps, material, etc., shall be entirely removed and the right-of-way shall be left in as presentable a condition as existed before work started. 10. MAKING REPAIRS: In every case the Permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the District right-of-way which has been excavated or otherwise disturbed by Permittee, except where District elects to make repairs and except where provision to the contrary is made in the written portion of the Permit. 11. STANDARDS OF CONSTRUCTION: All work shall conform to the standards of construction as noted in the Special Provisions of the Permit. 12. INSPECTION AND APPROVAL BY DISTRICT: All work shall be subject to inspection and approval by District. The Permittee shall notify District when the work has been completed: 13. FUTURE MOVING OF INSTALLATION: It is understood by the Permittee that whenever construction, reconstruction, or maintenance work on the right-of-way may be required by the District, the Installation shall, upon request of the District, be immediately moved, by and at the sole expense of the Permittee. 14. RESPONSIBILITY FOR INJURY OR DAMAGE: The District and all officers and employees thereof, shall not be responsible for injury to or death of any person including but not limited to the Permittee, persons employed by the Permittee, persons acting on behalf of the Permittee, or for damage to property, from any cause which might have been prevented by the Permittee, those persons employed by the Permittee, or persons acting in behalf of the Permittee. The Permittee shall be responsible for any liability imposed by law and'for injuries to or death of any person, including but not limited to the Permittee, persons employed by the Permittee, persons acting in behalf of the Permit±ee, or damage to property arising out of work permitted and done by the Permittee under a Permit, or arising out of the failure on the Permittee's part to perform its obligations under the Permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or at any subsequent time work is being performed under the obligations provided by and contemplated by the Permit. The Permittee shall indemnify and save harmless the District and all officers and employees thereof, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the Permittee, persons employed by the Permittee, persons acting in behalf of the Permittee and the public, or damage to property resulting from the performance of work under the Permit, or arising out of the failure on the Permittee's part to perform its obligations under the Permit in respect to maintenance or any other obligations or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or at any subsequent time work is being performed under the obligations provided by and contemplated by the Permit, except as otherwise provided by statute. The duty of the Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. CVWD-595 Page 2 Rev. 6/00 The Permittee waives any and all rights to any type of express or implied indemnity against the District, its officers or employees. It is the intent of the parties that the Permittee will indemnify and hold harmless the District, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the District, the Permittee, persons employed by the Permittee, or persons acting in behalf of the Permittee. 15. INSURANCE: Throughout the term of the Permit, the Permittee will be required to maintain insurance against the public liability for injury to persons including death, or damage to property occurring within, upon or about the premises of the property. Such insurance will be in the amount of $1,000,000 for personal injury, death or property damage and the District shall be named as an additional insured under the policy. Automobile liability in an amount not less than $1,000,000 for vehicle use on property only and Worker's Compensation as required by law in the State of California. 16. CARE OF DRAINAGE: If the work contemplated herein shall interfere with the established drainage, provision shall be made by the Permittee for the change in drainage as may be directed by the District. 17. AS BUILT PLANS: Upon completion of the work, as -built plans of sufficient accuracy shall be submitted to the District to determine location of the Installation. 18. COST OF WORK: Unless otherwise stated on the Permit or separate written agreement, all costs incurred for work within the right-of-way pursuant to this Permit shall be borne by the Permittee and Permittee hereby waives all claims for indemnification or contribution from the District for such work. 19. PERFORMANCE WARRANTY: Bond may be required of the Permittee whenever, in the judgment of the District, it becomes necessary or advisable to guarantee performance: 20. DURATION: This Permit may be cancelled by the District upon 30 days written notice to the Permittee unless there are no valid required insurance certificates. If there are no valid insurance certificates; cancellation of the permit will be upon the expiration of the insurance certificates. 21. DISTRICT RIGHT AND RESPONSIBILITY: A. If the Permit involves work within the right-of-way of any District stormwater channel, the provisions of Paragraphs B. and C., following, shall apply. B. The District reserves the right to maintain and operate said channel, removing therefrom the Installation, obstructions or interference when such Installation or obstruction substantially interferes with the free flow of the channel waters or interferes with discharge by the District of its public duties and responsibilities; further, the District reserves the right to realign the channel, changing the course and depth thereof and/or to make other changes and improvements to the channel, as the District deems necessary. CVWD-595 Page 3 Rev. 6/00 C. Permittee recognizes the responsibility of the District to make such changes to the channel as stipulated above and to maintain the integrity of said channel during periods of stormwater runoff and waives and releases the District from any claim of any type for the damage or destruction of the Installation caused by the District, or its employees, or contractors in performance of its duties and public functions. Permittee agrees that any repairs, reconstruction, restoration, or relocation of the Installation damaged or destroyed as defined herein shall be performed by and at the sole expense of the Permittee. 22. SUBORDINATION OF WORK: The proposed work shall be subordinated to any operations which the District may conduct during the permit period, and shall be coordinated with the work of the District forces or District contractors so that there shall be no delay to, nor interference with, District operations. 23. LOCATION OF UTILITIES: Permittee shall be fully responsible to ascertain location of all facilities constructed by others, and to place the encroachment in a manner which will not damage, conflict or interfere with any existing encroachment. Prior to making any excavation within right-of-way, Permittee shall call Underground Service Alert at 1-800-422-4133. CVWD-595 Page 4 Rev. 6/00 FAX TRANSMITTAL DATE: November 17, 2000 FROM: Mike Cusick KSL Development Corporation 55-920 PGA Boulevard La Quinta, Ca. 92253 760/564-3957 fax 760/564-7131 mcusickO-kslmail.com TO: F & F GRADING 760/398-7743 Attention: FELIX FLORES Total pages including cover sheet: 8