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4276NOTE: 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 11/19/2004 Subdivision Improvement Permit — Class III DATE: Minor Improvement Permit Class IV LOCATION OF CONSTRUCTION TRACT 30092 PIA= SERENA (Street address or Description of Location) PURPOSE OF CONSTRUCTION CLEAR (JWB AM ROUGH GRADE PK 10 COMPLETED DESCRIPTION OF CONSTRUCTION SEE ROIiM GRADE PLANS D DIMENSION OF INSTALLATION OR REMOVAL 40 SIZE OF EXCAVATION, IF NEEDED APPROXIMATE TIME WHEN WORK WILL BEGIN 12/01/2004 Sketch (attach construction plans if appropriate) I 4( `, - APPROXIMATE TIME OF COMPLETION 01/01/2006 (MST BE REI EM BY 1</X12005) ESTIMATED CONSTRUCTION COST $ ***1.535 375 less —k+(IJs1 ® #L tllrartllG (Including removal of all obstruction, materials, and 16TIis, backfilling, com- paction and placing permanent resurfacing and/or replacing improvements) In consideration of the granting of this permit, the applicant hereby agrees to: Indemnify, defend, and save the City, its authorized agents, 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—bItthis work. Signature of Applicant or Agent (R09) 841--8077 H. HOVNANIAN FORECAST ROHBS 4240 E. SPA, STE #402 ONTA10, CALIFORNIA 91761 Name of Applicant (please print) Business Address Telephone No. (909) 937-3270 K. RO— AMIAN FaRK04IRRT WOW4R A?Afl Ir nMITPA ATR !tAO7 a +nHT1'ART AA #-_AT Trim IQVTA al 7j ,I Name of Contractor and Job Foreman Business Address v Telephone No. 700788 (TYPE B) & 0 1 5202 Contractor's License No. CH DEC 2 3 2R4 Applicant's Insurance Company FEES: Subdivision Improvement Permit — Clas`s Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs Minor. Improvement Permit — Class IV: See attached schedule Inspection Fee $ Permit Fee 1 > > a Penalty,-, _, - r) C Cash Deposi.t<Surety Bond if required TOTAL: Receipt No. $ Received by Date City Business License No. 343666300 Policy Number PERMIT NO. t" 2 4276 PERMIT VALIDATION 4276 DATE APPROVED ll�/iZ4alfld► I ��� EXPIRATION DATEW"24f'& DATE ISSUED 1 7By I tfi"%�Uua.y �'`y � Y Administrative Authority Recorded by 11 Telephone: (760) 777-7075 PERMIT NO.4276 C01py Piazza Serena / Rough Grade, PMIO, Clear & Grub / Tract No. 30092 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. K. Hovnanian Forecast Homes, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. Prior to performing any Rough Grading, the plans must be approved by the City Engineer and an approval by the cities inspection staff. 4. This permit or copy of it shallnbe on the work site for inspection during the actual work performed. 5. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more frequently, if required. 6. 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 7:00 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. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:00 a.m. 7. Work within 500 feet of a signalized intersection shall be performed 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. 8. - 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. Special Conditions Page I of 5 PERMIT NO.4276 Piazza Serena / Rough Grade, PM10, Clear & Grub / Tract No. 30092 9. 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 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. 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 two (2) travel lanes of paved surface shall be maintained at all times. 10. 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. 11. 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. 12. 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 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. Special Conditions Page 2 of 5 PERMIT NO.4276 Piazza Serena / Rough Grade, PM10, Clear & Grub / Tract No. 30092 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. E. 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. F. 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. G. 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. H. 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. 13. 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. 14. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 15. Access and egress to all local properties shall be maintained at all times.. Page 3 of 5 Special Conditions PERMIT NO.4276 Piazza Serena / Rough Grade, PM10, Clear & Grub / Tract No. 30092 16. 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 3/4" max medium asphalt concrete as the base course lift and a City approved %".max medium finish course lift for capping. Asphalt concrete mix design shalf 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: three (3) feet outside the sawcut removal lines. • For longitudinal trenches located in a traffic lane: three (3) 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 or any existing detour 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. 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. Special Conditions Page 4 of 5 PERMIT NO.4276 Piazza Serena / Rough .Grade, PM10, Clear & Grub / Tract No. 30092 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. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 20.. The permittee shall indemnify, hold harmless and assume the defense of the City from all damages, delay costs, costs or expenses in law or equity that may arise out of work under this permit. 21. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the permittee shall postpone cutting the pavement until the intended third party has acquired a permit from the City to perform the required restoration work. C I Page 5 of 5 Special Conditions P ' City of La Quints COPY The following General and Special Provisions are attached to and made a part of Permit Number 4276 The following shall always apply: ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way . ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work. TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving during excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If the existing pavement is scarred, spalled, or broken during the term of this contract or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two inches (2") of A.C. surfacing plus appropriate seal coat as specified above. PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City Engineer or City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation. CARE OF DRAINAGE STRUCTURES: Any drainage structure to include corrugated metal pipe, concrete pipe, steel culvert and concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and open drains shall be kept free of debris at all times for proper drainage. RIGHT-OF-WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All paved surfaces shall be broomed clean of earth and other objectionable materials. immediately after backfill and compaction. Existing gutter line and.drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill. DE -WATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary. CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for any length of time, permittee shall contact this office to obtain the necessary permission. SPECIAL PROVISIONS The following shall apply when indicated: ® R1 NOTIFICATION: Permittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting construction. ® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures. Damage to existing substructures, resulting from operations conducted under this permit shall be the sole responsibility of the permittee. ® R3 UTILITY CLEARANCE (Surface Structures) No work shall be done under this permit until all utilities are clear of the proposed work site. The permittee shall notify all concerned utility companies of the proposed work. ❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced with ( ** N/A ** ) inches of A.C. paving placed on ( ** N/A ** ) inches of ( ** N/A ** ) aggregate sub -base course having an "R" value of not less than ( ** N/A **) and in conformance with the City of La Quinta Road Improvement Standards and Specifications, Ordinance #461. ® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of one-fourth inch ('/A") to one foot (1'). ❑ R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by, a licensed engineer. ❑ R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (** N/A ** ).feet shall be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207. . ❑ R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property line and the existing road paving shall be two and a.half inches (2 Y2") of A.C. paving on (** N/A *`) of class (** N/A ** ) aggregate base. ® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred. feet (600') in all directions shall be assured and maintained at all times. ❑ R10 SOIL STERILIZER: The'area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the manufacturer's specifications. City of La Quinta ® R11 COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude.delay or interference with State or City of La Quinta projects. ❑ R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines .when included shall be completely tied out so they may be readily and correctly, replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties ,to these monuments shall be fumished to the City Engineer prior to the removal of any monuments. This office shall be notified upon completion or replacement of all survey monuments for proper clearance. ® R13 PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight edge prior to excavation. Method of pavement cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be used to excavate prior to cutting or pavement.) Excavation material shall be placed in such a position as to best facilitate the general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be -corrected. ❑ R14 LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') of open trench before backfill operations must begin. All excavations shall be properly barricaded with- lights overnight, on weekends and holidays for the protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction material is actually on the work site. ❑ R15 BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes of producing and adequately consolidated backfill. Ant material which the City of La Quinta deems unsuitable (spongy or saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced by an approved sand or gravel. ❑ R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway. ❑ R17 BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the trench before flooding or a maximum of five feet (5) lifts where trenches are of excessive depths. Care is to be exercised that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuos. ❑ R18 COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one - thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot the City Engineer for approval an6filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. ❑ R19 COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line. One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Sections 6.3.001 of the Standard Specifications, Division of Highways, State of California, dated January 1973. ❑ R20 TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations,.a temporary patch consisting of two inches (2") of SC-800 shall be placed on a prepared sub -grade. The SC-800 temporary paving shall be placed after a maximum of three -thousand linear feet (3000') or trench has been excavated and backfill operations completed, but in no case shall the placement of the temporary pavement exceed a five (5) day limit. ❑ R21 PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of two inches (2") of SC-800 shall be placed immediately. A permanent patch of ( ** N/A " ) inches of A.0 surfacing placed on a ( ** N/A *` ) inch (** N/A " ) aggregate base shall be placed no later than ( ** N/A ") days after completion of temporary road repair. ❑ R22 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the City Engineer. ❑ R23 STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon completion of permanent repairs. ❑ R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location. Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at. any one time. Adequate signs, flagmen and or barricades shall be provided to protect the traveling public at all times. Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction tests shall comply with .Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. State Water Resources Control Board Terry Tamminen Secretaryfor Environmental Protection October 28, 2004 . Division of Water Quality 10011 Street • Sacramento, California 95814 • (916) 341-5536 Mailing Address: P.O. Box 1977 • Sacramento, California • 95812-1977 FAX (916) 34M543 • Internet Address: http://www.waterboards.ca.gov Email Address: stormwater®waterboards.ca.gov Amy Williams Forecast Homes A K Hovnanian Co 3536 Concours Ste 100 Ontario, CA 91764-5586 RECEIPT OF YOUR NOTICE OF INTENT Arnold Schwarzenegger Governor The State Water Resources Control Board (State' Water Board) has received and processed your NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. Accordingly, you are required to comply with the permit requirements. The WDID identification number 7 33C330692. Please use this number in any future communications regarding this permit. Liz SITE DESCRIPTION OWNER: Forecast Homes A K Hovnanian Co DEVELOPER: Forecast Homes A K Hovnanian Co COUNTY: Riverside SITE ADDRESS: N Of 58th Ave & W Of Monroe St La Quinta, CA 92253- COMMENCEMENT DATE: 11/1/04 EST. COMPLETION DATE: 01/15/06 When construction is complete or ownership has been transferred, dischargers are required to notify the Regional Water Board by submitting a Notice of Termination (NOT).. All State and local requirements must be met in accordance with Special Provision No. 7 of the General Permit. If you do not notify the State Water Board that construction activity, has been completed. you will continue to be invoiced for the annual fee each .October: Please visit the storm water web page at www.waterboards..ca.gov/stortnwtr/index.htmi to obtain an NOT and other storm water related information and forms. If you have any questions regarding permit requirements, please contact your Regional Water Board at (760) 346-7491. Sincerely, Storm Water Section Division of Water Quality California Environmental Protection Agency Recycled Paper 7245 Joshua Lane, Suite B 73-185 Highway 111, Suite A VVVarner Yucca Valley, CA 92284 Palm Desert, CA 92260 engineering Phone: (760)365-7638 Phone: (760)341-3101 Fax: (760)365-2146 Fax (760)341-5999 . CIM1134M PLJ1MUM / L AI SURVEYNa W— ®lp PRELIMINARY OPINION IF11 OF PROBABLE COSTS Project No.: C9662 Date: 12/22/2004 Client: FORECAST HOMES By: DAG Description: TRACT 30092 ROUGH GRADING Page: 1 of 1 NO. DESCRIPTION QTY. UNIT UNIT COST EXTENSION 1 EARTHWORK 159,480 CY $1.25 $136,338.00 2 IMPORT 24,140 CY 10.00 $241,400.00 3 CLEARING AND GRUBBING 37.7 AC 1,000.00 $37,700.00 4 PRE -WATER 37.7 AC 1,500.00 $56,650.00 5 FINISHED PADS 22 AC 3,250.00 $71,500.00 6 7 8 9 10 COPY 11 12 13 14 15 16 17 18 19 20 Prepared under the Supervision of: TOTAL $543.488.00 P), Z 2. hl --- Jr D. Hoy, R.C.E. 63526 2 2 Q�,oFESSIoti Da DAL/O`�ZG� av4�oP��N o No. C 63526 rn w Cr '�o Exp. 9-30-2006 s>,y CIVIL ��P �OF CA1 ,,r tip.• .\ Warner 7 engineering CIVIL ENGINEERING I PLANNING I LAND SURVEYING i' .ir TI L SEND TO: SENT BY: City of La Quinta Debra Gray ATTENTION: DATE Tony Colarossi December 22, 2004 - Revised FAX NUMBER OFFICE LOCATION 777-7155 Palm Desert YOUR REFERENCE NO. OUR PROJECT NO.. PHONE NUMBER FAX NUMBER C9662 (760) 341-3101 (760) 341-5999 ❑Urgent! ❑Reply ASAP ❑Please Comment ❑Please Review ❑For Your Information ❑As requested THESE TRANSMITTED DOCUMENTS MAY CONTAIN PRIVILEGED OR CONFIDENTIAL INFORMATION TOTAL NUMBER OF INTENDED ONLY FOR THE EYES OF THE ADDRESSEE. IF THE RECIPIENT IS NOT THE NAMED ADDRESSEE, HE/SHE IS ADVISED TO FORWARD THESE TRANSMITTED DOCUMENTS IMMEDIATELY TO PAGES (INCLUDING THE ABOVE NAMED PERSON AND TO DISREGARD AND/OR HOLD IN CONFIDENCE ALL INFORMATION OBTAINED FROM THESE DOCUMENTS. COVER): PROJECT: Tract 30092 DESCRIPTION OF ACCOMPANYING PAGES: Revised Preliminary Opinion of Probable Costs for Rough Grading REMARKS: We have revised the estimate such that no factor is being used for overexcavation in accordance with the example earthwork calcs that Paul Goble provided to us. The earthwork quantity of 159,480 C.Y. shown on the estimate is the sum of the raw cut, raw fill, stripping, shrinkage of 1,870 C.Y. subsidence of 18,300 C.Y. and import of 24,140 C.Y. Where there is a range such as 20% to 25% shrinkage, we have used the most conservative number. We have attached an 8 1/2 x 11 of the earthwork quantities as now shown on the grading plan. Please let me know if there are any comments regarding the attached prior to our submitting the original signed and stamped estimate to you later today. Thank you. 7245 JOSHUA LANE, SUITE B, YUCCA VALLEY, CALIFORNIA 92284 PH (760) 365-7638 FAX (760) 365-2146 73-185 HIGHWAY 111, SUITE A, PALM DESERT, CALIFORNIA 92260 PH (760) 341-3101 FAX (760) 341-5999 22013 WREN STREET, APPLE VALLEY, CALIFORNIA 92308 PH (760) 247-9879 FAX - CALL FIRST PLEASE VISIT OUR WEBS/TE @ WWW.WARNERENG.COM OR SEND E-MAIL TO INFO@WARNERENG.COM Please call Warner Engineering /f you do not receive all pages sent or if any part of this transmission is not legible or needs clarification. I /ND/CA TES PROPOSED BLOCK WALL 2% I /ND%CA TES PROPOSED RETAINING WALL (BY SEPARA TE PERRI T) _ THIS POINT (IMAGINARY -- � lND/CA TES L/Ml TS OF PAD O VEREXCA VA TION CROWN LINE) SHOWN AS SST A.•C.; GRACE ON PROFILE SHEET INDEX PAVEMENT IL SEC770N SHT. NO. DESCRIP77ON V UE 58 1 Tl7LE SHEET ON O —1 (INDEX MAP) 2 ROUGH GRADI NG PLAN SCALE) i LOTS 1-5, 58, 59, 90-92, 97 3 ROUGH GRADING PLAN LOTS 6-9, 60-70, 93-96 4 ROUGH GRADING PLAN lGAT/ON D/STRI& 80 LOTS 10-15, 24-36 'A 92253 5 ROUGH GRADING PLAN 811 LOTS 16-23, 37-45, 71-74 i 6 ROUGH GRADING PLAN '/SE WAY LOTS 46-50, 75-78, 81-88 s, CA 92262 sot 7 ROUGH GRADING PLAN fP LOTS 51-57, 79, 80, 89 & 90 MRTHWORK QUANTITIES NIA AVENUE RAW CUT = 55,600 C. Y.:t 1 92374 RAW FILL = 53,470 C Y..i 716 STRIPPING = 6,100 C. Y.f (0,1) R LLEY SHRINKAGE = 1,500 C.Y. Tip 1,870 C. Y & (20X Tiff 25X) SUBSIDENCE = 12,200 C.Y. TO 18,300 C. Y & (0.2' TO WATER DISTRICT 0,3 ), AND VARIES DEPENDENT UPON THE EQUIPMENT USED. g I 9223s IMPORT = 17,670 C.Y. * 70 24,140 C.Y.* 51 NO FACTOR lS BEING USED FOR OVERMAW4770N. SABLE NOTES REGARDING EARTHWORK QUAN77TIES STREET EARTHWORK QUAN7777ES SHOWN ON THIS PLAN ARE APPROXIMATE ES77MA7ES SHOWN FOR CA 92211 AGENCY FEE PURPOSES ONLY AND ARE BASED UPON THE PLAN ELEYA170NS SHOWN AND 12 ON THE GROUND ELEVA77ONS WHICH EXISTED AT THE 77ME OF THE TOPOGRAPHIC SURVEY 77-IE LOCA77ON AND ELEVA77ON OF 7HE EX/S77NG GROUND CONTOURS WFRF OBTAINED FRnry eni. ec-oi., ,.----PUBL-1� WORKS-DEPARTMIENT----'---. APPLICATION FOR PERMIT • Date: ( I ..I $ • pL/ Location of Construction: Purpose of Construction: K-L E�rZ- --� &I a t,t (6 (261 CA I l- Ct i2ADE Description of Construction: 26141G► k4- C, CAOF- P(AlA)S Dimension of Installation or Removal: Approximate Construction Start Date: 2 - - O Approximate Construction Completion Date: O f RcNw p t Estimated Construction Cost: $ ► 5_ 3 s ?� ps, �,I 3 � = 1, q 3D, & Estimated Construction Cost shall include the removal of all obstructions, materials, and debris, back -filling, compaction and placing permanent resurfacing and or replacing improvements Contact Name: &J ,w Ff-r4- 10. *014SLw/ Phone Number: 904 •gW /. g3v77 Name of Applicant: -6<. } W r`trkiv I A_AJ FDA A_;FT tin? Applicant Address: �2�fo E. �U�t.( PA. c Sri✓402i C�q- �!7(Q Applicant Telephone Number: q. Oci • q 3 7 - 2 70' Name of Contractor: Contractor Address: i-ago � �, PA �'C7�4U2. prQ-by?4o, 6 Contractor Telephone Number: Q3 • el 37- 3270 Contractor State License .Number:_ -M PE- $ -7 C j7 ga Contractor City Business License Number: UZ G2 C72_ ► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED -4 Applicant or Contractor General Liability Insurance Company: - UaCkf Applicant -or Contractor General Liability Insurance Policy Number: � �! 3lP(vlo30C� Office Use Only: Inspection Fee: . Permit Fee: As -Built Deposit: Dust Control Deposit: Credit Amount: TOTAL FEE DUE: Office Use Only: Assigned Permit Number. ► J Approval Date: Expiration Date: Issue Date- Administrative Authority- -?(o / • i n ` 51 Q. L `� r 0.'6t-- `Z0 - 0 4 ` 0 2': 3 6 p....._ W:fi R PI E R ,�E N`G' I N E'E R%I f`I G ` 7 G 0 ... 3 4.1.:`: 5.9'9 9 ..,�.„,. :.. p -GfWftrner�245 Joshua Lane, Suite B 73-185 Highway 111, Suite A Yucca Valley, CA 92284 Palm Desert, CA 92260 ���' ���� �� Phone: (760)3214638 Phone: 0)341 5999 1 Fax (760)365-2146 Fax: (760)341-5999 CIVL EMM P1. ANKM / II.MD SUtVEY G PRELIMINARY OPINION OF PROBABLE COSTS Project No.: C9662 Date: 10/20/2004 Client: FORECAST HOMES ®�y By: DAG Description: TRACT 30092 ROUGH GRADING fr�% Page: 1 of 1 NO. DESCRIPTION OTY. UNIT UNIT COST EXTENSION 1 EARTHWORK 2 _IMPORT _ 3 CLEARING AND GRUBBING 4 PRE -WATER 5 FINISHED PADS 6 r� u 10 �11 12 13 14 15 16 17 18 19 20 315,700 CY $1.25 $394,625 97,500 CY 10.00 $975,000 37.7 AC 1,000.00 _ $37,700 / 37.7 AC 1,500.00 $56,550 22 AC 3,250.00 $71,500 Prepared under the Supervision f: QPpFESSION4 TOTAL $1,535,375 r J 0 6 0 an D. Hoy, R.C.E. 63526 2� Exp. 9-30-2006 D to `s'T CIVI% �- \ . t OF CA11F . W A50'� rc"� �a 5- 31,E -- S 6 f 10:55AM FROII-Foreoast Homes T-690 P.002/002 F-606 August 10, 2004 Proformenor Gradln®, Inc. PrMmml #0934 SQ P„rw Forthe constrvctlon ofate 7 w� LA QUINTA 87 - TRACT 34492 Rough Grading ftt M,% iA11,1,LA.Ln ne.l�w,...►..w .- ..su, K. Hovnonlan Forecast Homes; Ino, Bid Date; 10/27/2004 amatea Item No. Description Quantity unit unit Price Total Amaunt Standard/ a ecificatlon 1 MOBILIZATION 1_00 LS 16933.00 $ 15,933.0a 2 CONSTRUCTION WATER & po.ti_ INCLUDES WATER RREWATERING 1.00 LS 10S FOR DUST CLEAR & GRUB MISC 113.82 S 105113,42 ONTROI. 3 DEBRis 1.00 L6 17 983. 00 17,983,2D 4 IMM2 EXCAVATION as 26i.00 CY 0.90 54 234.90 5 JOVER EXCAVATION 140,328.00 CY 0,610 $ 13a 3e52o. B FINISH LOT PADS 07.00 EA 450.00 48 6SO,a0 7 STREET UTILITY oVER.EX 0•00 CY 0.00 N/A 8' STREET FINISH 731 173.OQ SF aloe $ 58 493.84 9 RETENTION BASIN FINISH. g7103.00 SF. 0.30 S 29130.90 10 V-GUTTER 0.00 LF 0.00 $ N/A II'r one to Bnianae by 11 IMPORT 84 PLACE SOIL, $, 8�o SG� lowedlig Streets 2 to 3 t0aft or an R= CY 9 1 $ 608 9.82 m vifed. 12 SAND BAGS IN PLACE. ERQSION CONTRbL 0.00 EA O,at? S N/A 13 SILT FENCE 0.00 LF o.ao - NIA 14 STOCKPILE 18 000.00 CY 0.90 $ 13 600,00 15 16 TOTAL BASE BID AMOUNT IN NUMBERS: $ 1,001 r636.43 TOTAL BASE BID AMOUNT IN WORDS: One Million Eighty One Thousand Six Hundred Thirty Six Dollars and Foarty Elght Cents LA QUINTA 87 - TR. 30002 General Provisions ROUGH GRADING 2ejert ditte� ince September 7, 2004 Mr. Jim Perry North Area President K. Hovnanian Forecast Homes, Inc. 4240 East Jurupa St., Suite 402 Ontario, CA 91764 Re: Interim Permission to Grade Letter for Tract 30092 Mr. Perry: PO6C COO PV We are the owners of Tract 31910, APN Nos. 764-010-008,009 located in the City of La Quinta, CA. This property is adjacent to the north side of your property, Tract 30092. Pursuant your request, Desert Elite, Inc. & 4 Land Group, LLC hereby grants K. Hovnanian Forecast Homes, Inc. permission to grade on the above -mentioned property for the purpose of providing a means of drainage for the storm water runoff which drains from the northwest side of our property to a southwest direction to the northern boundary of Tract 30092. Desert Elite, Inc. and 4 Land Group, LLC understands that this is an interim permission to grade as the method of drainage has yet been to be determined (i.e. temporary swale or v-ditch, detention basin, etc.) Once the solution has been resolved, Desert Elite, Inc. and 4 Land Group, LLC will issue a Final Permission to Grade Letter to Hovnanian Forecast Homes, Inc., that will include, but not be limited to, scope of work, access period, insurance requirements, and hold harmless and indemnification conditions. K. Hovnanian Forecast Homes further agrees to execute any and all documentation on behalf of Desert Elite; Inc. and 4 Land Group LLC, as submitted to Coachella galley Water District and to the Bureau of Reclamation with regards to the "Abandonment of Easement' application(s) for the irrigation lateral running along the westerly property line of Tract 31910 and the northwest corner of Tract 30092. This Permission to Grade Letter will be with the understanding that K. Hovnanian Forecast Homes, Inc. will be responsible for the cost and construction of the grading required to satisfy the off -site drainage concerns and any associated insurance requirements. Desert Elite, Inc. Date President, K Hovnanian Forecast Homes Date evt elite) ince December 20, 2004 Mr. Jim Perry, North. Area President K. Hovnanian. Forecast Homes, Inc. 4240 East Jurupa St., Suite 402 Ontario, CA 91764 Re: Permission to Grade .Letter for Tract 30092 Mr. Perry: IFILI Copy We, Desert Elite Inc. and 4 Land Group, LLC ("OWNER'), are the owners of Tract 31910, Assessors Parcel. Numbers 764-010-008 and 764-010-009 (".PROPERTY") .located in the City of La Quinta, California. This PROPERTY is adjacent to the north side of your property, Tract 30092. Per your request, this letter hereby grants K. Hovnanian. Forecast Homes, Inc. ("FORECAST") permission to access limited areas of property adjacent to Tract 30092 ("PROJECT') owned by Desert Elite, Inc. & 4 Land Group, LLC. The permission is subject to the following terms and conditions, which. should be executed by you and returned to us. General Conditions IFILI C®py 1. Temporary Nature. Access to the property is temporary and for. a term expiring One Hundred Eighty (180) days from the execution of this letter unless extended at the sole discretion of OWNER. In no event shall. access be constructed as a permanent right of entry or use. 2. Limits of Work. Access to FORECAST is limited to the following; a 60' strip inside of and parallel. to the common boundary of the north property line of the PROJECT and the south property line of the PROPERTY from Lots 5 through 16 of the PROPERTY, as shown on Exhibit A attached hereto, for the purposes of constructing a drainage swale, and a 130' strip inside of and parallel to the common boundary of the north property line of the PROJECT and the south property Iine of the PROPERTY east of Lot 5 of the PROPERTY to the eastern property line of the PROPERTY, as shown on Exhibit B attached hereto, for the purposes of constructing a retention basin. FORECAST agrees to fence around retention basin until such time that the retention. basin is no longer required:, or until rough grading activities are initiated on the PROPERTY, whichever is sooner. Under no circumstance shall any employee, contractor or agent utilize the PROPERTY for access to other. areas outside the boundaries as described. All dirt removed from the access areas shall remain on the PROPERTY. 3. Perimeter. Wall. FORECAST agrees to construct a perimeter wall on the north property line of the PROJECT by March. 1., 2005. This perimeter wall. shall. be a minimum of 7' high from the pad grades of the PROJECT's lots along the north property line and a minimum. of 6' from the pad grades of the lots along the south property line of the PROPERTY. 4. Dust Control. FORECAST shall be responsible for soil stabilization and dust control and shall comply with all applicable PM-10 regulations and any other requirements of the Coachella Valley Association of Governments, City of La Quinta and South Coast Air Quality Management District. 5. Activities. The activities ou the PROPERTY shall be solely limited to access necessary to conduct grading operations on the PROJECT. No portion of the PROPERTY may be altered or graded. In addition., stockpiling or storage of materials, parking or staging of equipment and personnel, servicing of equipment or any other activity strictly unrelated to the foregoing is prohibited. 6. Restoration. FORECAST agrees to restore any and all disturbances of the Property and stabilize disturbed areas with acceptable permanent methods, including the application of polymer soil binders. . 7. Hold Harmless and Indemnification. FORECAST agrees to hold OWNER, its agents and assigns harmless from any and all liability arising from activities conducted under this agreement and indemnify' OWNER, its agents and assigns from same, In addition, FORECAST shall supply an insurance certificate naming Desert Elite, Inc. and 4 Land Group, LLC as additional insured with Commercial General Liability policy having minimum limits of an aggregate of Slmillion. 8. Assignment. This letter agreement may not be assigned without the express prior written consent of OWNER. K. Hovnanian Forecast Homes further agrees to execute any and all documentation on behalf of. Desert Elite, Inc. and 4 Land Group L.LC, as submitted to Coachella Valley Water District and to the Bureau of Reclamation, with regards to the "Abandonment of Easement" application(s) for the irrigation lateral running along the westerly property line of Tract 31910 and the. northwest comer of. Tract 30092. By signing below, you are agreeing to and accepting all of the aforementioned terms to this Permission to Grade Letter. Sincerely, John R. Pedalin.' Desert Elite, Inc. Date Agreed to and A.ccep ed 's day of December by: Jim P� crry, K. H is .. orecast Homes Date !1_ T _ ,ram+-V_ - .. :.r jam'' �• - --- - ___ _ _-- _ AW •Iw�I��•'-'�,-.mow �•."�.-,.".•u�y`. �7a'J .w�.'J' I:l s. '°��r mom- _.�w'1 ' 1 Q. •'':gym=:'- //� - -- - _ - - - -�,�� mr -�wr MMMM� .p:= - - oarn�w am. W \� Cf�7 DM LA ETA GGIMT op iO�BllilC6, BtA�H ov u�ronraA 7EN7A71VE TAACT MAP NO. 31910 EXHIBIT ff- 1....=— o== MM—-mr -� a sum A'A w �� s CUaIaLmY L I OCT- !d. N 1 l OP L OINIA COI.►!}1/ OP 1-MM WAOr GALpOIM. TENUATNE TRACT MAP IVO. M910 EXHIBM As 1st /�Y�4./IN�Jo IrA �. �.y W YYav _�� td ISO S ES DEC-23-04 12:17PM FROM-FORCAST November 16, 2004 9099410029 T-525 P-00/45 F-315 K. Hovnanian Forecast Homes, Inc. For the Construction of the FILE COPY LA QUINTA 97 - TRACT 30092 ROUGH GRADING (ADDENDUM NO. 1) Consist ng of the following estimatedquantities: Item Estimated Unit Price Total Standard/ No. Description Quantity . Amount Specification MOBILIZATION 1 LS $16.933-00 $16,933.00 1 PREWATER (INCLUDING 1 LS $105,113.62 $105,113.62 2 WATER FOR DUST CONTROL) CLEAR & GRUB MISC. DEBRIS 1 LS .$17,983.20 $17,983.20 3 MASS EXCAVATION 60261 CY $0.90 $54,234.90 4 OVER EXCAVATION 149328 CY $0.90 $134,395.20 S FINISH LOT PADS 97 EA $450.00 $43,650.00 6 STREET FINISH 731173 SF $0.08 $58,493.84 7 8 RETENTION BASIN FINISH 97.103 SF $0.03 $29,130.90 FILM COW f IMPORT AND PLACE SOIL 66762 CY $8.86 $591,511.32 9 STOCKPILE 15000 CY $0.90 $13,500.00 10 11 12 13 14 15 16 TOTAL ROUGH GRADING TOTAL BASE BID AMOUNT IN NUMBERS: $ 1,064,945.9$ TOTAL BASE BID AMOUNT IN WORDS: ONE MILLION SIXTY-FOUR THOUSAND NINE HUNDRED AND FORTY-FIVE DOLLARS AND NINETY-EIGHT CENTS.. General Provlslons v _ LA QUINTA 97 — TRACT 30092 Rougri Grading G DEC-23-04 121:23PM FROM-FORCAST IFc 9099410029 K= iYoy:�aragva �O��dny F' O R A N E W syG E N E EXHIBIT "B" T-525 P.25/45 F-315 [701LE C OP THE FOLLOWING PRICES AND PAY POINTS SHALL BE VALID FOR ALL WORK PERFORMED BY THE SUBCONTRACTOR WHOSE SIGNATURE APPEARS BELOW, AS TO THE PROJECT HEREIN REFERENCED. F-NHMIT "B" IS NOT AN AUTHORIZATION TO PERFORM ANY WORK OR TO PROCEED IN ANY MEANS WHATSOEVER, NOR SHALL 1T BE CONSTRUED TO BE THE ISSUANCE OF A LOT CONTRACT. THE PRICES BELOW REPRESENT THE FULL AND COMPLETE PRICE THAT FORECAST SHALL BE OBLIGATED TO PAY TO THE SUBCONTRACTOR UNDER THE CONTRACT AND THIS ADDENDUM. THE MAXIMUM ALLOWABLE MARK UP ON TIME AND MATERIAL TICKETS IS 10%. Vendor #:; 21268 PROFORMANCE GRADING, INC. LA QUINTA 97 CONTRACT 168718 The following prices are applicable for that project entitled LA QUINTA 97, which is located in the City/County of LA QUINTAIMWRSIDE, State of California, Tract 30092. Should Subcontractor„ at Some subsequent date, be authorized to proceed With the work outlined in the Contract and/or Addendum, it is hereby agreed by the Subcontractor that all such work shall be performed at a price noted be low: C QM_ 7 .. ..-- �• IT 101,43.9000 3510 1 MOBILIZATION 1 LS -- , $1B 933.00 $16 933.00 101.43.9000 101.43.9000 3510 3510 PREWATER (INCLUDING WATER FOR DUST CONTROL) _ CLEAR & GRUB MISC. DEBRIS 1 1 LS LS $106,113.62 $17 983.20 $105,113.62 $17,983.20 101.43,9000 MASS EXCAVATION OVER EXCAVATION •FINISH LOT PADS - STREET FINISH T RETENTION BASIN FINISH 60261 CY $0.90 $54,234.90 _ 101.43.9000 _ 101.43.9000 101.43.9000 101.43.9000 _3510 3510 3510 3510 3510 149328 97 731173 97103 CY r=A SF SF $0.90 50.00 $0.08 $0.03 $134,395,20 $43 650.00 $581493.84 29 130.90 101.43.9000 3510 IMPORT AND PLACE SOIL 66762 CY 8.86 $591 511.32 101,43.9000 3510 STOCKPILE 15000 CY $0.90 $13 500.00 "-_ - - — - TOTAL $1,064,945.98 Contractor Initials Subcontractor Initials f,/winwoid/cemplatd/fotofor2.tW Pagc 8 K. Hovnanian Forecast Homes, Inc. North Area Office - Land Department Transmittal Form Date: December 22, 2004 To: City of La Quinta Public Works Tony Colarossi 78-495 Calle Tampico La Quinta, CA 92247 Project: Tr# 30092 Re: Permission to grade letter Transmitted by: [ ] Hand Delivery US Mail Attached Please find [ ] Interoffice Mail [ ] Facsimile From: Angela Wils n Land Planni pecialist 909-841-8077 (cell) [ X] Overnight [ ] Courier 0 lea. -Permission to grade letter for Tr. 30092 Transmitted for your: [ X] Approval [X ] Review [ ] Per your request [ ] Information/Use [ ] Signature [ ] File REMARKS: Hi Tony: Please find the signed original letter of permission to grade for Tr. 30092. Please fax a signed and dated copy of this to 909-390-5686. Thanks! Received by: Date. 4240 E. Jurupa Street, Suite 402, Ontario, Ca 91761 (909) 937-3270 fax (909) 390-5686 Julie- P� i e�evt ��cte inc. December 20, 2004 Mr. Jim Perry, North Area President FILE COPY K. Hovnanian Forecast Homes, Inc. 4240 East Jurupa St., Suite 402 Ontario, CA 91764 Re: Permission to Grade Letter for Tract 30092 Mr. Perry: We, Desert Elite Inc. and 4 Land Group, LLC ("OWNER"), are the owners of Tract 31910, Assessors Parcel Numbers 764-010-008 and 764-010-009 ("PROPERTY") located in the City of La Quinta, California. This PROPERTY is adjacent to the north side of your property, Tract 30092. Per your request, this letter hereby grants K. Hovnanian Forecast Homes, Inc. ("FORECAST") permission to access limited areas of property adjacent to Tract 30092 ("PROJECT") owned by Desert Elite, Inc. & 4 Land Group, LLC. The permission is subject to the following terms and conditions, which should be executed by you and returned to us. General Conditions FIVE COPY 1. Temporary Nature. Access to the property is temporary and for a term expiring One Hundred Eighty (180) days from the execution of this letter unless extended at the sole discretion of OWNER. In no event shall access be constructed as a permanent right of entry or use. 2. Limits of Work. Access to FORECAST is limited to the following; a 60' strip inside of and parallel to the common boundary of the north property line of the PROJECT and the south property line of the PROPERTY from Lots 5 through 16 of the PROPERTY, as shown on Exhibit A attached hereto, for the purposes of constructing a drainage swale, and a 130' strip inside of and parallel to the common boundary of the north property line of the PROJECT and the south property line of the PROPERTY east of Lot 5 of the PROPERTY to the eastern property line of the PROPERTY, as shown on Exhibit B attached hereto, for the purposes of constructing a retention basin. FORECAST agrees to fence around retention basin until such time that the retention basin is no longer required, or until rough grading activities are initiated on the PROPERTY, whichever is sooner. Under no circumstance shall any employee, contractor or agent utilize the PROPERTY for access to other areas outside the boundaries as described. All dirt removed from the access areas shall remain on the PROPERTY. 3. Perimeter Wall. FORECAST agrees to construct a perimeter wall on the north property line of the PROJECT by March 1, 2005. This perimeter wall shall be a minimum of 7' high from the pad grades of the PROJECT's lots along the north property line and a minimum of 6' from the pad grades of the lots along the south property line of the PROPERTY. 4. Dust Control. FORECAST shall be responsible for soil stabilization and dust control and shall comply with all applicable PM-10 regulations and any other requirements of the Coachella Valley Association of Governments, City of La Quinta and South Coast Air Quality Management District. U?Dd[R (K:@pV 5. Activities. The activities on the PROPERTY shall be solely limited to access necessary to conduct grading operations on the PROJECT. No portion of the PROPERTY may be altered or graded. In addition, stockpiling or storage of materials, parking or staging of equipment and personnel, servicing of equipment or any other activity strictly unrelated to the foregoing is prohibited. 6. Restoration. FORECAST agrees to restore any and all disturbances of the Property and stabilize disturbed areas with acceptable permanent methods, including the application of polymer soil binders. 7. Hold Harmless and Indemnification. FORECAST agrees to hold OWNER, its agents and assigns harmless from any and all liability arising from activities conducted under this agreement and indemnify OWNER, its agents and assigns from same. In addition, FORECAST shall supply an insurance certificate naming Desert Elite, Inc. and 4 Land Group, LLC as additional insured with Commercial General Liability policy having minimum limits of an aggregate of $1million. 8. Assignment. This letter agreement may not be assigned without the express _riot tten consent of OWNER. K. Hovnanian Forecast Homes further agrees to execute any and all documentation on behalf of Desert Elite, Inc. and 4 Land Group LLC, as submitted to Coachella Valley Water District and to the Bureau of Reclamation, with regards to the "Abandonment of Easement" application(s) for the irrigation lateral running along the westerly property line of Tract 31910 and the northwest corner of Tract 30092. 1' By signing below, you are agreeing to and accepting all of the aforementioned terms to this Permission to Grade Letter. Sincerely; John R. Pedallnlp, Desert Elite, Inc. Agreed to and Accepted 91is day of December by: Jim Perry, K. Homes Date Date OCT A 20 IN TiE CRY OP LA OU COUNTY OP RNER8IOE 3fATE OP CALIPORNLI TENTATIVE TRACT MAP NO. 31910 EXHIBIT w a OCTOBL•R 200� M FUVE CITY OP LA OUMTA COUNTY OF PoVER9IOE, HTATC OP CAIJrOfiNA TENTATIVE TRACT MAP NO. 31910 EXHIBIT n • .,a••vr.r sewmp r.ars• OtlL1MGQB •.0 urn un b ear ar •os H ^i• OIIPY�RV[oer.. tic uR�m a^ maw- MSA Co�nM Em