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36583 Gs-K r NOTE: '* With proper validation 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 03/11/02 Subdivision Improvement Permit — Class III Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION TAT 30357 MOUNTAIN VIEW COUNTRY CLUB BAST OF JRMRSON STREET BE 1s1EEN AVENUE 50 AND AVENUE 52 WEST OF THE ALL AMERICAN CANAL (Street address or Description of Location) PURPOSE OF CONSTRUCTION( LTAIQTWC_'4 RTM1txn AIM 4A"r-9 Sketch (attach construction plans if appropriate) �AnTW. DESCRIPTION OF CONSTRUCTION 5" V(Mf a< f=AnTna AIM TWATYAf2t VI-AUR lnV -M. A :T V1399 DIMENSION OF INSTALLATION OR REMOVAL S** W Au SIZE OF EXCAVATION, IF NEEDED an vT AM APPROXIMATE TIME WHEN WORK WILL BEGIN SSE ATTAC"D SPECIAL CONDITIONS + APPROXIMATE TIME OF COMPLETION ESTIMATED CONSTRUCTION COST $ 3,219,875.00 (Including removal of all obstruction, materials, and debris, backfilling, com- Wktion and lacin p p g permanent resurfacing and/or replacing improvements) _ In consideration of the granting of this permit, the applicant hereby agrees to: w u (BAR 12 2UG92 CITYOFLAQdjj' A 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 reg at' he City of La Quinta and to pay for any additional replacement necessary as the result of this work. Signature of Applicant or Agent TOLL BROTHERS INC 74923 NOVELI LANE EAST VITE 2-220 PALM DESERT CA 92211 760 674 9389 Name of Applicant (please print) Business Address Telephone No. NUEVO R MNEERINB INCR 79-811 COUNTRY CLUB DRIVE BERMUDA DUNES CA 92201 760 345 1778 Name of Contractor and Job Foreman Business Address Telephone No. 438834 00157 Contractor's License No. City Business License No. PACIPIC NUWYEB INSUROCE CO iiDOG 20301373 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class I I I Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor, Improvement Permit — Class IV: See attached schedule 5� 62,198.75 Inspection Fee $ Permit Fee PLAN CHECK (�7.r250.00)CREDIT Penalty PRE WATER PERMIT ( 500.00 +� Cash Deposit -Surety Bond if required TOTAL: $ 44,448.75 Receipt No Received by Date PERMIT VALIDATION -PERMIT-'NO: ----3658 - DATE APPROVED 03/11/02 EXPIRATION DATE 03/11/03 DATE ISSUED By d Adminis�rlittive Authority Recorded by Telephone: (760) 777-7075 .t; --------------------------------------— j- ----------------- -- �0 NOTE: With proper vdkbdon d s Form coraaibrtes an CITY OF LA OUINTA encroachment permit APPUCATION FOR- PERMIT PUBLIC WORKS CONSTRUCTION (ENCROACHMENTI oy o For the construction of public or private curbs, driveways, pavement, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS lei(Street address of Description of Locitt"Al PURPOSE OFCfNSTRVCTl .&aI r •�� it • Lf : .'i:7iZ��bIT.71J.r.'L'l llw' " '- TV— , JS �)-1 S: . , AL J�710 OR RE41VAL SIZE OF • Al",t ��. . LET! APPR,9)�I��TIME WHEN WORK Win LL BEGIN �1►►Ti�l� Subdivision Improvement Permit — Class III f Aill w Im rnw want Pa It ttl a IV etrh (attach comtruaion plans if appropriate) <p , f APPROXIMATE TIME OF COMPLETION 326 OWE 000 _adOU ESTIMATED CONSTRUCTION COST $ T—� i ` ZOO I O Wu � r � da060 (Including removal of all obstruction, materials, and debris, backfilling, com• — C' paction and placing permanent marfadng and/or replacing improvements) In consideration of the granting of this permit, the, applicant hereby agrees to: 6 Q. mni Indefy, dst" and swe " City, he authorind agents, officers, npraentnFa and employees, harmen less from d speimt any and all penalties, liabilities or loss resulting. from claim or court action and arising out of any axklem. loss or dem,ege to Per or property happanina or occurring a a proximste result of avy'work undertaken under the permit gtat. pursuant to this application. Notify Ow Adminbtratin Authority, es .last twenty-four (241 noun in advance of the time when work will be sterad. Comply with all applicable City Ordinsnoes, tM terms and conditim of the permit and all appliabb rules end tsgubtkwn of the City at Le Oulms and to pay for any additknnal replacement necessary as the rauk of this work. SIWWU re of leant or Agent ea t 7 -�Z r- Name of Applicant (please print) Busirmw Address Teleplfww No. ame of Contractor d Job Foreman VI Business Addnta� ' i Telephone No. 4 Conipmoes License No. City Business License No. FACIAL Emfuli ��1RANc�� nr�QAu�( l-I�OC 20�oI�7� Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit — Class III _ - Public improvements: 3% of estimated construction cost Private improvement: 3% of estimated construction cost Mino► Intprotleoesat Pbmtit — d�OIV• Sae sttadlad adeedlsM Irapecdon Fag i 641 l Tag. 7S p lauv,uy I y�pwE Cast► Depodt4hoWy Bond u n quirad TOTAL_ f!W. 75 Raaipt No. RecoWd bar oasa� Rda-by 3567 PERIW VALJDATIoN ApoiiT NO. DATE APPROVED EXPIRATKIN DATE DATE NO ED �r Admeabtretfa. Asftitoriey . - .. Takomm (M 777-40�75 I[. Ind 14-j Os IAN 002 MOH 10:36 AM TOLL BROTHERS INC. .�•�a�o��o�ua z PROPOSAL A CONTRACT 0 • Wells *AM epee 0)�etb-A♦- end eeum4e 1W MOBILIZATION PREWATER CLEARING SITE EXCAVATION 2,040,885 C.Y. 6 $ .86 OVER EXCAVATION 503,235 C.Y. 8 S .77 FINISH PADS/STREETS MASS PADS/STREETS GOLF COURSE TEMPORARY DUST CONTROL FAX NO. 3032568071 JAN 24*02 15:41 No.001 P.02 Pop Na. at 8 25.000.00 1 159,000.00 i 322.000.00 8 1,755,161.10 _. 8 387.413.95 $ 814205.00 6 143,095.004' $ 275,000.00 $ 72, 006.00 PROPOSAL NOTES: S 3,219,875.05' I. Bid includes listed items only. 2. Bid excludes: a) Engineering, Inspections and permit fees b) Soil testing a) Construction water costs d) Utility removal, relocation ana adjustment e) Retaining wall and block wall over excavation 3. Aid based on unapproved plans. Bid may be revised upon receipt Of approved plans and/or soils report. ll. Hid based on one move only. Pads to be certified to * 0.1' Golf Course to be certified to t 0.51 of planned eiavations prior to move out. 5. NueVO Engineering, Inc. will be responsible for duet control only while working on the job site. 6. Retention to be paid 30 days after completion of this sub- contractor's work. 7. Bid oxeludo9 permanent dust control and'PM10 plan requiremonte. 8. Temporary duet control line item is for after hours and weekend water truck rental for Nuevo Engineering work arwa only. Dust control 1A finished areas by others. 9. Clearing price excludes removal Of all palm trees and debri from standing palms. All other clearing debri to bo buried on -mite in Golf Course, middle of fairway #9. lO BBid excludes removal of tale and irrigation lines. elan 7»- 3S! *Wilg h9rft to rumloh material and tabor- complsto In eoWdsnoe wN, Abm spea OM, for the awm ot eePwe b he melts a.wr: eloiwun _ _ Nola This ue u not a p.eaMl Aggwk m of yra mi—n,,.,,,..,,,m, a do tnaenY ud en norrbp a owptao you on m ep"lled. Payment WA Do a d outlined •bwe. 8ipnetwe bete Of Adomplenpet 81y avie 8901 E. MOUNTAIN VIEW,RD -SUITE 200 Toll CBrm bic SCOTTSDALE, AZ 85258 480-951-0782 Check No. '2275117 Check Date 02/15/02Stub 1 of i ARIZ NADIVISION "''INVOICE NO INVOICE DATE COMMENT GROSS DEDUCTIONS AMOUNT PAID _020206 0602- payment of grading permit fe 44,'448.75l CA t. THOUSAND FOUR HUNDRED FORTY EIGHT AND .75/100 iopv ratl 'e ITIP 253 -C 7, hV. 9 Cal O'THE le . - , 'T'4 a le'Ta C t Zf- A q,,QWn,tcP. ORDER '1(' A�62 Oil uint 1180 2 2 7 S L I W@ 1:0 7 19 2 3 213 41: 8 ?P3 S S1110 14 6 1110 ........ --- ...... ....... ....... *See Reverse Side For Easy Opening Instructions* `Toll `Bros., inc 3103 PHILMONT AVENUE HUNTINGDON VALLEY, PA 19006 City of La Quinta 78-495 Calle Tampico La Quinta CA 92253 1 f SPECIAL CONDITIONS --PERMIT NO. 3658 --- Tract 30357 Mountain View Country Club --- 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 § I (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. Nuevo Engineering, 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 1st to April 30: Monday -Friday 7:OO 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. 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 § l (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. 8. Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § l (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. Special Conditions - Perntit No. 3658 Page 1 of 4 s. SPECIAL CONDITIONS --PERMIT NO. 3658 --- Tract 30357 - Mountain View Country Club--- 9. 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. 10. 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. F. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of backfill, per 300 linear feet of open trench, at randomly selected locations within the open length of trench. Special Conditions - Permit No. 3658 Page 2 of 4 .j SPECIAL CONDITIONS --PERMIT NO. 3658 --- Tract 30357 - Mountain View Country Club--- 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. 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. C. Permanent pavement replacement shall be installed using a City approved %" max medium asphalt concrete as the base course lift and a City approved '/2" max medium finish course lift for capping. Asphalt concrete mix design shall be approved by the City prior to its placement. Special Conditions - Permit No. 3658 Page 3 of 4 SPECIAL CONDITIONS --PERMIT NO. 3658 --- Tract 30357 - Mountain View Country Club--- D. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the trenching operation located adjacent to the trench sawcut 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 3/4" 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 notify the City of La Quinta Public Works Department a minimum of 48 hours prior to commencement of any construction at (760)777-7075. 17. 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. 18. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § 1 (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. 19. This permit authorizes clearing and grubbing, prewatering and rough grading for the Mountain View Country Club project.in accordance with the. approved Rough Grading and Drainage Plans. The storm drain work as shown on the approved Rough Grading and Drainage Plans is not included under this permit.. CVWD irrigation facilities shall not be removed until the Permittee exhibits to the City Engineer that all appropriate CVWD permits have been obtained.. 20. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. Special Conditions - Permit No. 3658 Page 4 of 4 FILE COPY Medium -Large Scale Construction/Demolition Projects (Greater than 5 acres), Fugitive Dust (PM10) Mitigation Plan 2 Oi i Project. File #: � /� .... LA - .•Date. 2 .. � d� Jurisdiction: � �t /1- Part 1 - Project Information Please provide the information below as completely as possible iVM 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 (PM10) Mitigation Plan (Plan). t is recommended that you submit your Plan concurrent with your grading or demolition permit application. 1' F Projectrproponent: "TpLj- F:�;IZj,-{elLS kc Address: 74-gn kcgw Lam: sue, Z -Vor, Pa �)e&eN- CA a zZV Day phone numbs 7U))(91 9"3bol Emergency phone number. b9. 9?0- /�(ZZ Grading contractor_ (Contact Person): WC Li PPek-i Address: '79-611 OV;j <a.Y Ct V& pJ E(u"t0 &'N b quo Day phone numbs W3YS-,/' Emergency phone number '77 y - 3 39 Z Construction site street address: FA OP- Te IF-aw I Sauuw E4"Ve, Sp`Sz Construction site locations (Please include an &5 x 11 location map) sib- J*7Z-ZSo--o62. 712�"L7d-ooi r►t�u Construction site assessor's parcel number (Tract #):7.7z-77Z- o--cou Parcel (Tract) size: Q Acre or Square feet Anticipated date of physical project initiation: , ., ;' ;-9 Anticipated date of project completion: -1 `" ✓3 Anticipated costs for dust suppression: $4 /59 OUo. o (Attachment B - Must also be completed and mailed tot the appropriate address when construction activities have been completed) APPrb by: 13 Planning Commission ,... .� �----�- 0 City Council «.�.-,.►�+ gtommuni� v, Dept. Initials Case No. ��,.�...._..�-------�-: ---��► . Exhibit #h Conditions .J 4 41'"ems 1 All pro ects greater than one half (1/2) acre are also subject toSCAQMD Rules 403 and 483.1. ExII;Pi1 C92C 140' 77. f.Cowumut' don• nebt. A CIA comigi 13 b`t'Julua COUJUMMIN Earthwork Information (Acreage -/Cubic Yards) Project Area: 3 (pV Total Disturbed Surface Area: Cut: Import: -`j PhasingorEarthwork: Phase I Grading (Acreage): 3W. Fill: r, &C, OOC ' Export: From: WA Zcx)Z-To: F D-@U t ZCOS From: From: From: (Attach additional information if necessary) Part 2 - Fugitive Dust Control Actions To: To: To: 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 corresponding letter beneath the following sources. In addition, 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 Source Details (e a freauencv or application number and type or dust control implements. No.. FC etc Please be as soeciric as possible) K -fo Gc�,o7L`?Z, oSu�%c2. A.eE95 dsru�b�c/ Z%5E o� WA—� Ti�� oAIC Y .1ue�..Y, �72Ti�,►�ou..�j a/�E�a7xrU5 . WAS Na WC---(5X,4900 ,8Asi3 7W eau6,vouT �coCH �W2�'•. �i �'�'/ A A,5 1UEX5D(50 I — — s: -RZ CHAIAA LlA) L PUAC Ls- w l r-K 4IUP� (1N%21L A L006i ALL S T Rd C HT ct= VAy L O yLS , ,,j}n� 'i41.0a� A-LL— M � 6-(1 T`/ _ i�J E�.��,µ�jl ,( Its . (Use copies of this page if add itional.space is needed) Source Details (ex. freauencr of application number and of dust control implements. etc Please be as specific as possible) �//GG ,�LAc.E Sv.f.�GC �OG�/,rn� ON1'% F/•v�SNE� Ci.vOL�� LOT A2CA5 >Qor'E afF 7a Ae'SUE.vi CivT E_ _ w EGG P�t� !���G�E�.•'a'� f_igsE 02 �/ivy �co 2 Mo �?2.,oG A T Tir+E Part 3 - Agreem n I certify 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 Quinta 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. ignature wner or ut oRepresentative at bT I have read the conditions of the Fugitive Dust (PM10) Mitigation Plan and the owner has uthorized the implementation of all its provisions throughout project buildout. mg Contractor or ut orize Representative at nature oa not the same as above) .ioriil�o9L ••+pA w... r IYY�YVYV Yr�• rr• Y V mm V3 ft" b on l a O c 133HIS 1V ONIMA03 3189Vd on Wplo"j-u a s a o w HS3N1 N3380 HUM 9NION33 HNn NW3 1003-9 30V1d ^gnS ' Z , w ` V , / w+ OR .009 =,l 31V3S 4 �� I^V ddw x3am y tp / �,N -^Ff F'�, {{ k i tit' �.s;�✓� �3- ; J A. Pdlr✓L t � i� I �� 'N' 4- 5 ``•.tr .. .q�f0 t ii ."�1 I: "All -WIZ ic. mn IV 11 t'I: Lei at ZIA tt P ` ct 1 t�Fa !i'�•k,�u 3 v ��� \ mar`, � �4 Y ;ro'%,1 r ` •/ f7(+Ii� % . ��ie` v, Q r �!S' v / '}th rYrY -4_. f ( Y �"w '.'rV r�k J! Z h 2.� .,;•e' V el,�.� Z r Lek � �:ty � y iy �.. : w4 � .1 Wiz• .:a y `.r 1Ll ail �� \4 j: .l OJT �K �f '�j,' �.:V>•'Mt� .' ..: / a►i jS� s -.0 4„-% Z ;•_Y".,'�:D t c y,. '! "'"'., }J�.;�r'a��i f ,� eYti !fr KM 10 09 3nN3AN 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 (1) Land (A) Watering Clearing/ Earth - moving Comments o Application of water by means of truck, hoses and/ or sprinklers prior to any land clearing or earth movement will increase the moisture content thereby 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'ib 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 e)dt unpaved areas onto paved areas o System can be adjusted to spray entire vehicle, including stored bulk material in haul vehicles Unpaved (F� Paving o Requires street sweeping/cleaning if subject to material Roads at '(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 ,Source rontrol Measures (2) Unpaved (I) Reduce speed'limits Commen o 15 mile per hour maximum Roads o Access (Cont'd) (J) Reduce vehicle trips restriction or redirecting traffic to paved roads in order to reduce vehicle trips by a minimum of 60 percent --•............................-----...--------------•---------- 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 (4) 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 vehicic�is full (S) Disturbed (S) Chemical stabilization o Vendors can supply information on methods for application and .Areas/ required concentrations Inactive Constrntction 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 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 of 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 (Attach additional information if necessary) I have read the above conditions of the Fugitive Dust (PM 10)`Mitigatioti Plan and 1 agree to implement of all provisions at the concentrations and frequencies identified. CONDITIONS FOR FDCP APPLICATION 2002-110: TOLL BROTHERS/NUEVO ENGINEERING MOUNTAIN VIEW COUNTRY CLUB, SP 90-016, 360 ACRES GENERAL: 1 . Applicant shall comply with all control measures as set forth in the approved application for FDCP 2002-110, and the following conditional measures. This dust control plan approval shall also apply to any haul/encroachment permit(s) issued by Public Works. Where any conflicts arise, the Public Works Director shall determine the appropriate controlling provision(s). 2. The grading contractor shall be responsible to show that any off -site spreading sites and borrow areas for import/export material have appropriate approvals from the property owners and respective permitting agencies, and shall present said authorization(s) prior to receiving any grading permit, or commencement of any site work. 3. The full amount of security furnished for the approved FDCP (as determined by Public Works) 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 in this application. Form of security shall be determined by Public Works. Any requests for bond amount revisions must be made in writing to the Public Works Director. 4. Applicant shall submit documentation for all costs incurred for dust control measures assumed during all pre -grade activity and grading construction. Said records shall be submitted within 30. days after completion of all dust control measures as outlined in and conditioned upon the plan, or upon any request for release/reduction in posted security. Documentation shall include a completed PM 10 Program Report Form. Security may be withheld pending submittal of this information. Applicant shall have completed all dust control measures, as verified by the assigned field inspector, prior to release of any posted security. 5. The contractor/vendor responsible for provision of all soil stabilizing agents shall submit the appropriate Material Safety Data Sheet(s), along with approval from the Water Quality Control Board, to the Public Works Department prior to any site application. Application of stabilizing agents must be in compliance with NPDES and the state Water Quality Control Board requirements. 6. Adequacy of all proposed and conditional stabilization measures shall be determined by the assigned grading inspector. The City may release a portion of the bonded amount to the applicant for any remedial measures beyond those C:\Wrkgrp\FDCP\fdcp2002-1 10.wpd identified or conditioned upon the project, which the City deems necessary in the event such approved measures are not effective (see Condition 3). 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 assure compliance. 7. The conditions applied to this dust control plan are anticipated to cover the full range of construction operations associated with FDCP 2002-110. The approval provisions and conditions for this dust control plan shall remain in effect for the duration of all construction activities for this property. Transfer of any real property or other interests with respect to this project will have no effect on the validity of this plan approval or conditions. Implementation of all measures as proposed and conditioned shall be carried out for the, duration of all construction activities, to the extent they are applicable. However, nothing herein. shall preclude any future interest from filing a revised FDCP with the City for any portion of the site. 8. Approval of this dust control plan does not in and of itself constitute or otherwise authorize any site disturbance, preparation or construction. The developer is required to obtain all necessary permits and clearances as set forth in any development approvals issued and currently in effect pertaining to this site. This includes any type of testing, monitoring or sampling required as a condition of development approval, such as that conducted for archaeologic, hydrologic and geologic reporting purposes. SITE DEVELOPMENT: 9. Pre -watering of all areas proposed for grading shall be in accordance with recommendations of the grading contractor, based on the area soil conditions as described in the associated soils repo.rt(s). At a minimum, pre -watering time shall be for three days prior to any earth disturbance(s). 1.0. Track -out and other accumulation of soil material(s) onto any paved areas outside the limits of grading shall be minimized. Any unpaved construction exit/entry point along existing paved roads/areas shall be improved with pavement, aggregate base or similar material, for a distance of 120' from the pavement edge into the site to minimize track -out. Wet sweeping/flushing of soil accumulations from all paved areas shall be conducted daily, and kept .damp during construction hours until so removed. C:\Wrkgrp\FDCP\fdcp2002-1 10.wpd All on -site traffic shall be limited to 15 MPH. Signs shall.be posted at all entries and along all unpaved access and travel ways at minimum 300-foot intervals. Size and height of the signs shall be appropriate for their' respective locations, and shall not be posted on any adjacent private properties. Site superintendent and security personnel shall be responsible for enforcing this requirement. 11. All unVaved construction access and travel ways within the site shall be prepared for traffic prior to commencing grading activities and kept watered down and compacted to retain moisture content during all construction traffic/activity, including building construction. At a minimum, temporary construction travel ways shall be improved to a 20 foot width. Road lengths shall be watered each day, prior to and at intervals during any traffic activity, and at the end of the day after all activity has ceased. All track -out shall be removed as per Condition #10. 12. FDCP 2002-1 10 indicates approximate cuts of 2.2M CY, 1 .6M of fill and 16K CY of import will be necessary. Any transported soils and stationary storage piles shall be sufficiently . stabilized, watered down and/or covered as appropriate. Minimum freeboard shall be as established by the Public Works Department. Any borrow areas shall be routinely watered and chemically stabilized after borrow activities to mitigate airborne dust. Off -site areas shall be subject to requirements of this FDCP, and any such areas outside the City limits shall have the appropriate agency and property owner authorizations (see Cond. 2). 13. All on -site temporary employee facilities (sales, construction, equipment storage, etc.) shall be provided with paved, compacted or otherwise stabilized parking and access during their operation, with those improvements to be constructed to the applicable Public Works Department standards. This requirement shall apply to any approval for such facilities under a minor use or other permit process. 14. If approved on -site roadways or parking areas are constructed to ultimate design prior to completion of construction activities, then traffic and parking shall be limited to those paved areas as feasible. No vehicular parking or traffic of any kind is permitted on or over any previously stabilized or other inactive soil areas. 15. Disturbed but inactive development areas subject to additional grading or building construction within 30 days of completion of the initial disturbance, shall be watered daily in conjunction with watering of access roads and developing areas. In lieu of daily watering, an appropriate dust suppressant as defined in Chapter 6.16 of the LQMC and approved by the California Water Quality Control Board, Region 7, may be applied. C:\Wrkgrp\FDCP\fdcp2002-1 10.wpd All disturbed areas where no further grading, construction or other land disturbance will occur for at least 30 days, shall be stabilized with an appropriate dust suppressant (see above) no later than four days after completion of the initial grading. These. areas shall be staked; posted or otherwise restricted in order to prevent any access on or across them. Chain link/mesh fencing used to restrict access and mitigate blowsand impact under the preceding two conditions shall not exceed 5 feet in height so as to further mitigate potential for blowing sand. No other chain link/cyclone-type fencing is permitted without wind slats or mesh covering. The perimeter fencing as approved must receive a permit approval from the Building and Safety Department prior to installation. 15. Construction activity associated with this project will occur during high wind activity (February through June) in the Coachella Valley. All active graded areas shall be watered daily at appropriate intervals. A minimum of 6 water trucks shall be stationed on -site at all times. All security and project personnel shall be alerted to the need for dust control and instructed to monitor graded areas for wind -generated dust as part of their routine duties. 16. All dust control measures are to be implemented on a 24/7 basis, independent of construction time limitations. Personnel shall be on -call at any time for emergency watering in the event of high winds. Additionally, during all grading operations, an appropriate individual shall be assigned to monitor wind conditions. This shall be done by utilizing wind forecasts available from the South Coast Air Quality Management District (SCAQMD). Wind forecasts can be obtained by dialing 1-800-CUT-SMOG and following menu options for Air Quality and High Wind and Dust. The individual shall access this information daily, prior to commencing construction activities. In the event that winds are forecast to exceed 25 MPH (403.1 High Wind Day), all construction activities and on -site traffic shall be closely monitored to insure compliance with this approval. Said individual shall coordinate with the assigned inspector on adequacy of current dust control measures and any additional measures potentially necessary. If such measures are ineffective in minimizing airborne dust, then grading activity shall cease until high wind conditions subside or other effective dust control measures are employed to allow grading to continue. C:\Wrkgrp\FDCP\fdcp2002-1 10. wpd r - 78-495 CALLE TAMPICO - LA OUINTA, CALIFORNIA 92253 - (619) 777-7000 FAX (619) 777-7101 May 10, 1994 TO:. ALL ACTIVE AND PROSPECTIVE DEVELOPERS/BUILDERS IN THE CITY OF LA QUINTA RE: PM 10 PROGRAM REPORTING REQUIREMENTS FOR FUGITIVE DUST CONTROL . PLANS Dear Developer/Builder: The Coachella Valley PM 1.0 Program has been in its implementation phase since December, 1992. Among the required control measures was the enactment by Valley cities of dust control ordinances which require builders to implement dust control actions during construction, demolition and paving activities. In conjunction with City staff members, we ask your help with the reporting requirements.. A significant aspect of the PM 10 Program is the need to report statistical information to the Federal Environmental Protection Agency via the South Coast AQMD and the State of California Air Resources Board. In response to this requirement, a Dust Control Reporting Form has been created, a copy of which is attached. It is requested that if any project developers have amounts to report for any PM 10 mitigation, these- forms must.be filled out. This form is intended. to supplement Attachment "B" of the Fugitive Dust Control Plan by providing specific cost figures related only to dust control measures. The South Coast AQMD has requested that the retroactive operative date be January 1, 1993, for reporting purposes. This means that each jurisdiction is requested to review projects since that date where PM 10 control measure expenses have been incurred by developers, whether or not they have. been incorporated as part of a Dust Control Plan, and forward this data to CVAG as soon as practical. Your cooperation .in completing these forms as part of the. grading permit procedure will help .assure that the Coachella Valley and the development community as a whole receive deserved credit for the effort to attain Clean Air Act standards for PM 10. Very truly ZLRRY HERMAN Planning & Development Director JH: WHN:bjs Attachment MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA. CALIFORNIA 92253 41 PM 10 Program Report Form I. G 3CHRAL ON -�-* Project D Name: l OI..L_�T" fu +toC.. address:'% 404EI. S►�;'LZ� Phone: (7 (p -9 q" i Es f C-ti'7-W . Title "MD-�U/t9fl4iPl, I�Z11 )LU3 Project ita �o'froject' J , Address: W;V1 C �� (�kl A) ft.SZ'racr No.: 30 Ze� I Acreages Z&S Grading Subcontractor (if d1f.erent) Name: Address: Phone: PEASES? XRS_ NO rf so how many.' Type of Development/Project: commercial Single Fami.ly-L txlti Family_ Demolition Ot'ser - Date of Projecr/Phase Start-Ulp: Date of Project/Phase C=wletion: ZI. COST 121FIO aTIOQ[ If actual costs are not available, please estimate to the best of your ability. 1. RA=M: Amount: Total Cost: 2. BQUIPIT COSTS: A. Rater Truck: Number on Site: Total Cast: Hourly.Rate:__ Hours: B. Street Sweeper: Number on Site: Total Cast: Hourly Rate: Sours: C. T.-uporary Irrigation: Total Cast: D. Rind Fencing: Linear Ft. : Total Cast: Cast/Ft. S. Memical/Xaterial Stabilisation: Total cast: Sq. Ft. Cost per Sq. Ft.:__ -F. vegetation Cast: material:•__ Total Cost: Maintenance: G. Other: Type: Total Cost:�s Hourly Rate:_ Hours: 3. LABOR COST: Hourly Rate: Total Cast:_ Hours: 4..AMNISTRATION COSTS: Total Cast: III. TOTAL COSTS: Add items 1 - 4 for total cost. TOTAL COST: ?LEASE RETURN rORM AT COMPLZ"-,SON OF PROJECT OR ?..ASE.OR ANNUALLY FROM TEE DA= OF PRO.iTCT/?EASE STAR': UP. 341194 79-799 Old Avenue 52 La Qulnta, CA 92253 VOICE: 760-771-4013 FAX: 760-7714073 E-MAIL: mdslaguintaCcbmdsconsulting.net NO. OF ITEMS: DESCRIPTION: To: City of La Quinta, Engineering Address: 78-495 Calle Tampico La Quinta, CA 92253 Attention: Kris Schulze From: George Prine Date: March 11, 2002 Job bject: TR 30357, "Mountain View Country Club" cc: Toll Bros. Lee Dodson Grading Permit Fee, $44.448.75, Toll Bros Inc. Check No. 02275117, 2/15/02 Afri j Irrevocable Letter of Credit Number. 740917, 2/02/02, Bank Of America, $90,000.00 1 Faithful Performance Bond, No. 929236509, $270,000.00 n � r THE ASO ITEMS MESSA(� ARESUBM D: AT YOUR REQUEST % FOR YOUR REVIEW r FOR YOUR FILES and/or, 1- FOR YOUR APPROVAL which we anticipate to bi �� everything is ready for a l i FOR YOUR USE r FOR YOUR INFO Thank you. THE ABOVE ITEMS ARE TRANSMITTED: I✓I HEREWITH I✓` VIADELIVERY r UNDER SEPARATE COVER the attached documents to the Grading emit ued today. PI��is, our office when .pres of Tsign and pj ci . MAR 1 1 2002 BOND #929236509 Fugitive Dust Control Insert Project 10 No(s), here leg Specific Pian 90^ 0_6- Tract Map3035 7 ) KNOW ALL MEN By THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, a Fugitive Dust Control ordinance codified In Chaptmr 6.16 of the La QuInta Municipal Code which requires cenain construction and demolition activity to be conducted in a manner that reduces fugitive dust. The ordinance requlres proponents of such actN* to prepare a dust control plan and post financial security in accordance with Section 8.16.060(A)(4) of the Code to enaure faithful Performance of the dust control measures contained in the 01w% and TOLL CA V, L.P., A LIMITED PARTNERSHIP OWNED BY WHOLLY -OWNED THAT SUBSIDIARIES OF TOLL BROTHERS, INChersinafter designated as the Principal has prepared a Fugitive Oust Control plan for the subject development project Identified heron and intends to proceed with construction activity In accordance with Said dust control plan as approved by the City, NOW, THEREFORE, we, the Principal, and THE CONTINENTAL INSURANCE COMPA_Y Surety, are held and 11rr�IY bound unto the City in the Just and full amount of WO HUNDRED SEVENTY THOUSAND AND NO/ 100 - - - dollars (d 270,000.00 ) lawful money of the United States, for the payment of which sum well and truly to-ba made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that If said Principal, his or Its heirs, executors, administlrators, successors, or assigns, shall in all things stand to and abide by. and well and truly keep and faithfully perform the covenants, conditions, and agreements In the said dust control plan and any alterations mode as therein provided, on his or their part to be kapt and Performed, at the time and in the manner therein specified, and in all respects according to their true Intent and meaning, and Shad Indemnify and save harmless, the City, its officers and agents as therein stipulated, than this 0111190tion shag become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value reaelved, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to tha work to be performed thereunder or the specifications accompanying the same shall, in any way, affect Its Obligations on this bond, and It does hereby waive notice of any such change, extension of time, atteration, or addition to the terms of the dust control plan, or to the work. Said Surety hereby waives the provisions of Sections 2812 and 2846 of the Civil Coda of the State of California. It is hereby mutually understood and agreed, that this bond shall remain in full force and virtue until the project Is complete and the City has authorized in writing a release from this obligation. IN WITNESS WHEREOF. the Principal and Surety have executed this IAstrunlem under their coals this 25TH day of FEBRUARY �gX200Aho name and corporate seal of each corporate party balnp hereto affixed and these presents duly signed by its undorsigned representat vs, pursuant to authority of its governing body. TOLL CA V, L.P. BY: TOLL CA GP CORP.,. ITS GENERAL PARTNER (Seal) Principal ^S g re for Principal Tkle of Signatory THE CONTINENTAL INSURANCE COMPANY Surety (Seal) DANIEL P . D%?pffl for sure ATTORNEY -IN -FACT Tide of Signatory P 0 BOX 8286, PHILADELPHIA, PA 19101 dross of Surety 215-351-3884 Phono # of Surety GREG HORNE Contact Person Fcr Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of PENNSYLVANIA County of CHESTER ARLENE OSTROFF On 2/25/02 before me, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared DANIEL P . DUNIGAN NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persorwhose nameW istm subscribed to the within instrument and ac- knowledged to me that he/xh&�bW executed the same in his(+j authorized capacity(xmE�, and that by hisYhxnMzW signature(# on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. tIJ' n`' ` ` WIT ESS my hand and official seal. My G0111n SSioII �xultrs NarUlnU�l 2[, 2UUa _ SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE CONTINENTAL INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey (herein called "this CIC Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William F. Simkiss, John R. Waite, John A. Simkiss III Daniel P. Dunigan, Richard J. Decker Individually of Paoli Pennsylvania their true and lawful Attomey(s)`in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --- In Unlimited Amounts -- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 16th day of April, 2001. ...* The Continental Insurance Company Firemen's Insurance Company of Newark, New Jersey •�' �a1a j��........�s���f^ Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 16th day of April, 2001, before me personally came Michael Gengler tome known, who, being by me duly swom, did depose and say*. that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 2.1••N OFFICIAL SEAL' ••N N••••••••NH•N . . DIANE pth c, su of W 11otr11 fro. >It�t� W � � 22 W Canr+rrio� � 9r17N1 • •NNNNN•••••HNNNN•t ' My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of The Continental Insurance Company and Firemen's Insurance Company of Newark, New Jersey do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 25TH day of FEBRUARY 1 2002 (Rev. 1/23/01) The Continental Insurance Company Firemen's Insurance Company of Newark, New Jersey coo Mary A. Riblkawskis Assistant Secretary CNA INSURANCE COMPANIES THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 2000 ASSETS: Cash Short-term investments (principally U.S. Government Obligations) $ 28,393,629 108,047,360 United States Government obligations 202,903,850 Other public bonds 104,772,973 Industrial and miscellaneous bonds J 92,766,903 Preferred stocks 0 Common stocks of affiliated companies 438,804,807 Other common stocks 34,373,029 Real Estate 116,265,622 Premiums and agents' balances in course of collection 64,576,870 Premiums, agents balances and installments booked but deferred and not yet due 19,389,627 Accrued retrospective premiums 13,988,544 Accrued interest dividends and rents 6,733,801 Other Assets 602,288,709 Admitted Assets i 1,833,305,724 LIABILITIES: Unearned premium reserve $ 106,566,884 Reserve for loss and loss adjustment expense 650,268,612 Reserve for taxes, licenses and fees Gncluding federal income taxes) 2,585,140 Other Liabilities 238,364,641 Total Liabilities $ 997,785,277 SURPLUS: - Capital paid up ($5.00 par value) Shares authorized: 10,713;272 issued: 10,713,272 b 754,865,228 Surplus 80,655,219 Surplus as Regards Policyholders 835,520,447 Total $ 1,833,305,724 Failure of items to add to totals shown is due to roundin State of Illinois ) ) ss County of Cook) On this 16th day of April, 2001, before me came Lawrence). Boysen and Jerry F. Sliwa, known to me personally to be the Group Vice President and the Assistant Vice President, respectively, of The Continental Insurance Company being fully swom, certify and attest that the foregoing statemement is true and correct statement of the assets and liabilities of the said company as of the date shown in the statement. . Jerry F. Sliwa, Asqznt Vice President OFFICIAL SEAL LESLEY NATIVIDAD NOTARY FUSS. STATE OF ILLW9XS My COA*AGS*N EXPIRES:1212604 Lawrence). Boyse , roup Vic Presi ent Bankof America % DATE: FEBRUARY 22, 2002 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 7409017 BENEFICIARY CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92252-1504 APPLICANT TOLL CA V, L.P. C/O FIRST HUNTINGDON 3103 PHILMONT AVENUE PAGE: 1 FINANCE CORP. HUNTINGDON VALLEY, PA 19006' ATTN: ACCOUNTING DEPARTMENT LETTER OF CREDIT ADMINISTRATOR AMOUNT NOT EXCEEDING USD 90,000.00 NOT EXCEEDING NINETY THOUSAND AND 00/100'S US DOLLARS EXPIRATION.' FEBRUARY 22, 2003 AT OUR COUNTERS WE, BANK OF AMERICA, N.A.., CHICAGO, ILLINOIS, HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7409017 IN YOUR FAVOR, FOR ACCOUNT OF TOLL CA V, L.P., C/O FIRST HUNTINGDON FINANCE CORP., 3103 PHILMONT AVENUE, HUNTINGDON VALLEY, PA 19006, ATTN: ACCOUNTING DEPARTMENT, LETTER OF CREDIT ADMINISTRATOR, UP TO AN AGGREGATE AMOUNT OF US $ 90,000.00 (NINETY THOUSAND AND N0/1001S UNITED STATES DOLLARS) AVAILABLE WITH US BY SIGHT PAYMENT(S) AGAINST PRESENTATION OF.THE ORIGINAL OF THIS LETTER OF CREDIT, AND AMENDMENTS (IF ANY), AND BY YOUR DRAFT(S) "AT SIGHT" DRAWN ON US, BEARING THE CLAUSE "DRAWN UNDER BANK OF AMERICA N.A., CHICAGO, IL LETTER OF CREDIT NUMBER 7409017, DATED FEBRUARY 22, 2002", ACCOMPANIED BY: YOUR CERTIFICATE, PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNER READING AS FOLLOWS: "WE CERTIFY THAT THE CITY OF LA QUINTA IS ENTITLED TO PAYMENT PURSUANT TO FUGITIVE DUST CONTROL FOR MOUNTAIN VIEW AT LA QUINTA DEVELOPMENT BETWEEN TOLL CA V, L.P., AND THE CITY OF LA QUINTA". IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE DEEMED AUTOMATICALLY EXTENDED, WITHOUT WRITTEN AMENDMENT FOR AN ADDITIONAL PERIOD.OF ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH DATE OF EXPIRATION, BANK OF AMERICA, N.A. ("THE ISSUER") NOTIFIES YOU BY CERTIFIED MAIL OR COURIER, RETURN RECEIPT REQUESTED, AT THE ADDRESS SET FORTH ABOVE OR AT SUCH OTHER ADDRESS AS MAY BE GIVEN TO THE ISSUER BY BENEFICIARY BEFORE SUCH NOTICE, THAT THE ISSUER ELECTS NOT TO. RENEW THIS IRREVOCABLE STANDBY LETTER OF CREDIT FOR SUCH AN ADDITIONAL PERIOD. WE ARE INFORMED THAT THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION. SHOULD YOU WISH TO CANCEL THIS LETTER OF CREDIT, WE REQUEST YOU RETURN THE ORIGINAL LETTER OF CREDIT, AND AMENDMENTS (IF ANY), ACCOMPANIED BY THE FOLLOWING STATEMENT, PURPORTEDLY SIGNED BY AN AUTHORIZED SIGNER: "WE, AS BENEFICIARY AUTHORIZE THE CANCELLATION OF BANK OF AMERICA N.A. LETTER OF CREDIT NO. 7409017." . PARTIAL DRAWINGS ARE PERMITTED. Bank orAnierica. N.:\. Trade Operations Mail Code: U-2I1-17-1-ju ORIGINAL 231 S. LaSalle S"cet. 1 %th Ploor. Chicago. IL 60697 00-35-0202 sr3 9-1 99_ILI 0' %J* Recycled Paper BankefAmerica j%j PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 7409017 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT OR AGREEMENT REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES,' AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN AND PRESENTED STRICTLY IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY US IF PRESENTED ON OR BEFORE ,FEBRUARY 22, 2003, OR ANY AUTOMATICALLY EXTENDED PERIOD THEREAFTER, AT OUR OFFICE LOCATED AT: 231 SOUTH LASALLE.STREET, MAIL .CODE: IL1-231-17-00, CHICAGO, IL. 60697,.ATTN: STANDBY LETTER OF CREDIT DEPARTMENT. EXCEPT SO FAR AS EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, OR ANY SUBSEQUENT REVISIONS THERETO. THIS LETTER OF CREDIT SHALL BE DEEMED TO BE ISSUED UNDER THE LAWS OF THE STATE OF CALIFORNIA AND SHALL AS TO MATTERS NOT COVERED BY SAID UNIFORM CUSTOMS AND PRACTICE BE COVERED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 312-923-5885. AUTHO IZED SIG ATURE u C AUTHORIZED SIG TURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). Bank of America. N.A. Trade Operations Mail Cod,: I L I -231-1 7-00 231 S. LaSalle Street. 17th Floor. Chicago. IL 60697 00-35-0702NSB 9-1994 ILI 17 ORIGINAL It �e: Recycled Paper