The URL can be used to link to this page

4600\}4 Qumr(u ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION Finance Revenue Code E-1 For the construction of public or private curbs, driveways, pavements,' sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. Subdivision Improvement Permit - Class III Minor Improvement Permit Class IV DATE:2/6/06 LOCATION OF CONSTRUCTION (Street address or Description):.The Dunes Business Park, Hwy 111 and Dune Palms, PM 31143, SDP NO. 2005-R22 PURPOSE OF CONSTRUCTION: Precise Grading DESCRIPTION OF CONSTRUCTION: See Plan Set No. 0602-11 DIMENSION OFINSTALLATION OR REMOVAL: See Plan Set No APPROXIMATE TIME WHEN WORK WILL BEGIN:Will Call TIME. OF COMPLETION:2 months from start ESTIMATED CONSTRUCTION COST:$71,231.00+488,170.10+97,690.00=657,091.00 (Including removal of all obstruction, materials, and debris, backfilling, co action and placing permanent resurfacing and/or replacing improvements) COMMENTS: 3�X%I�Z3( t✓�2 �y�XZ'= 'iZ$O 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 at (760) 777- 7075. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable of La Q inta and to pay for• a lacement necessary as the result of this wor . s and regulations of the City r x Signature of Applicant or The Dunes Business Park, LLC - Paul Ramsey 3550 W. 61' Street Suite 400, Los Angeles, CA (213) 382-9680 Paul (951) 834-2759 Name of Applicant (please print) Business Address Telephone No. Bishop Builders P.O. Box 1746 Ketchum ID (951) 834-2759 (208) 726-9717 . Name of Contractor and Job.Foreman Business Address Telephone No. Contractor's License No. 101277 City Business License No Cincinnati Insurance Company CPP0720886 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Li Zgo-� 175%0 Inspection Fee $UW4e:0_0 Permit Fee $100.00. As -Built Deposit $0,000.00) Cash Deposit -Surety Bond, $ if required TOTAL $ $ ZZA6000 Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs See attached schedule PERMIT NO.4600 DATE,,APPROVED: Z / Z (/L2& EXPI TIO%( QATE: BY: .�-�-- n Administrative Authority M MAR 16 2007 U CROACHMENT PERMIT BL C WORKS CONSTRUCTION Finance Revenue Code E_1 n QA CITY OF LA QUINTA FINANCE DEPT. For, the construction of p cur s, nveways, pavements, sidewalks, parking lots, sewers, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. Subdivision Improvement Permit. - Class III Minor Improvement Permit Class IV DATE:2/6106 LOCATION OF CONSTRUCTION (Street address or Description):.The Dunes Business Park Hwy 111 and.Dune Palms, PM 31143, SDP NO. 2005-822 PURPOSE OF CONSTRUCTION: Precise Grading DESCRIPTION OF CONSTRUCTION: See Plan Set No. 06oZ11 ENTERED' DIMENSION *OFINSTALLATION OR REMOVAL: See Plan Set No o6tiL<j. -APPROXIMATE TIME WHEN WORK WILL BEGIN:WHI Call TIME. OF COMPLETION:2 months from start. ESTIMATED CONSTRUCTION COST: 1 removal of all obstruction,. materials, and debris, backfilling, co action and placing permanent. re surfacing and/or replacing improvements) COMMENTS: 3�X?��Z3�. C 2 XZ = . �lZ00 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 penafties,..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 124) hours in advance of the time when work will be started at (760) 777- 7075. 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 a to pay for ditio a lacement necessary as the result of this work Signature of Applicant or Age t. The Dunes Business Park LLC Paul Ramsey 3550 W. 6"Street'Suite 400 Los Angeles CA (2131 382-9680 Paul (951) 834-2759 Name of Applicant (please print) .Business Address Telephone No.. Bishop Builders P.O. Box 1746 Ketchum ID (951) 834-2759 (208) 726-9717 . Name of Contractor and Job Foreman Business Address Telephone No. 801773 101277 Contractor's License No. City Business License -No. Cincinnati Insurance Company CPP0720886 Applicant's Insurance Company Policy Number . FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Lg0+ Inspection Fee 7 16 SRO Permit Fee 100.00. As -Built Deposit / S I i000.00 Cash Deposit -Surety And, if required 22 g6000 TO S 8Q Public improvemen : 3% of.est private improverrs: 3 f esl �150.0v = /9 710 PERMIT N0.460 DATEAPPROVED. ATE: Administrative Authority construction costs construction costs 0 PUBLIC WORKS DEPARTMENT APPLICATION FOR PERMIT Date: • 3 b e Co Tract No:P M 3 (j 4-3 . proj ect Name: -t# F SD'I P Vicinity:�t,uY 11( i b�tNG R4 .:tMS S D P N o . 2cns _ �3z� Description of Construction (Ex: See Plan Set No. '01234) GG Q t„,,y' . Dimension of Installation or Removal: it-:7 F Approximate Construction Start Date: tp . p. 4;= Approximate Construction Completion Date:.' o Estimated Construction Cost: $ Estimated C=ttucton Cast shall include the removal of all obstructions, materials, and debris, back-Mling, compaction and p ;ng Permanent. resurfacing and or replacing improvements -7I ,13 t .}- 4$$, l? 0- A +- 417; 610. OD = 657) Contact Name: V>A Lk.L (Z,A r�ns��; phone Number: 9s t v3 oC7S`( Name of Applicantlowner -Z-t{ t tS Ts�2-cL LC Applicant Address: 4 Applicant Telephone Number: 2(. Name of Contractor: Contractor Address: 3p�C t Contractor Telephone Number: !9 5 t Sack 10-ZSZ-9 P 7 24 =M.� Contractor State License Number: S o -7-73 Contractor City Business License Number: d t. 'Z--7 -] A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED t Applicant or Contractor General Liability Insurance Company:. t N C- t tv i.1. Ac"--L N S c.l /z,,4� CZ . Applicant or Contractor General Liability Insurance Policy. Number, Office Use Only Inspection Fee: ` l O( `)1) Permit Fee: - IOO.0D As -Built Deposit:_ Dust Control Deposit: Credit Office Use Only: Assigned Permit Number: Approval Date: Expiration Date: Issue Date: \• o TOTAL FEE DUE: 2� $ 0.00. 4. 1t • • � I. ti- I CITY OF LA WINTA REPRINT WSTCMER RECEIPT f,+* Date: 2122106 01 Receipt no: 6796 Descriution Quantity Amount t El PW ENCROACHMENT PERMIT Trans number: 00 4A594 1 EAST WEST BANK. Tender detail CK CHECK 42993 $22960. &11 { Total tendered 422960.00 Total payment 122960.00 Trans date: 2/22/06 Time: 9:03:53 +� THANK YOU FOR YOUR PAYMENT ** � WM WNW:+vuryryry.•r+;•+yau4b•ra4b•eWNrhlrM1h•ub^iLN!Y•vA•b � FOR QUESTIONS PLEASE CALL 7U--777-7150 N car . ,i PUBLIC WORKS DEPARTMENT APPLICATION FOR PERMIT Date: k - 3 t, • o Cg;, Tract No:?M- S t ( L�3 .Project Name: �G; Vicinity: 1A U-) Y L L l 66f A(_Wv S S 0 P N o Purpose of Construction (Ex: Rough Grading, Offsite Street etc.) Description of Construction (Ex: See Plan Set No. 01234) Dimension of Installation or Removal: 4Stff 4C— "PS Approximate Construction Start Date: 2j o • O C,o Approximate Construction Completion Date: • 77 0 b Estimated Construction Cost: $ S'1= Estimated Construction Cost shall include the removal of all obstructions, materials, and debris, back -filling, compaction and _ placing per ianent. resurfacing and or replacing improvements -7I rL3 (- - 488r Q 0- A �'�+ 69 /V. ,� 7,01 Contact Name: Pb4 LOL &6,MSE:' `, Phone Number: 9'S I nS4 Name of Applicant/Owner: 'TttE �c.�dy�S c.0 S �.4Q-cL L- L. C Applicant Address: -:;, SSo L.c7 . -� , �a , , .f! 0 A k Applicant Telephone Number: 2( Name of Contractor: �z'> 1Sk c) �P—53LA t �E2� Contractor. Address: tk- o •Sty k —t t! E`zt.l •M -0At-1 0 Contractor Telephone Number: !j'S t S-Sq %?MCP IL77 l Contractor State License Number: 80 t -7? 3 Contractor City Business License Number: o ► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED -4 Applicant or Contractor General Liability Insurance Company: C. t t`, 1 J A-T� lz4a.,J CX_ C. Applicant or Contractor General Liability Insurance Policy Number: c T::� _P> 0-72 0 9 & G Office Use Only: Inspection Fee: t q -7 d r Permit Fee: 1 OO.v� As -Built Deposit:_ ` , oO . ii J Dust Control Deposit: Credit TOTAL FEE DUE: Z(% Office Use Only: Assigned Permit Number. / Q Approval Date: t� Expiration Date: Issue Date: Administrative -Authority:— \, o 0 { ' t J r �' I L i a tothe order of EAST WEST BANK CONSTRUCTION DISBURSEMENT 2090 HUNTINGTON DRIVE SAN MARINO, CA 91108 42993 EAST WEST BANK SAN MARINO, CA 91108 16-7038-3220 0 Twenty Two Thousand Nine Hundred Sixty And 00/100 Dollars DRTC AMOUNT CITY OF LA QUINTA THE DUNES BUSINESS PARK LLC — LOAN# 30776 — BISHOP BUILDERS INC. lie 04299311' A:3220703811: I- EAST WEST BANK 02/21/2006 $22,960.00 8 a D TWO SIGNATURES REQUIRED OVER $25,000.00 LL NOT TO EXCEED $500,000.00 = N IVP 8090 13?411' THE DUNES.BUSINESS PARK LLC — LOAN # 3.0776 CONTRACTOR: BISHOP BUILDERS, INC. PROJECT ADDRESS: HIGHWAY 111, LA QUINTA, CA I EAST WEST BANK Check Number 42993 Twenty Two Thousand Nine Hundred Sixty And 00/100 Dollars 02/21 /2006 $22,960.00 CITY OF LA QUINTA THE DUNES BUSINESS PARK LLC — LOAN # 30776 BISHOP BUILDERS INC. 42993 42993 RDDELUXE BUSINESS FORMS 1+800-328.0304 w .del-efofms.00m I, CITY OF LA QUINTA PUBLIC. WORKS DEPARTMENT FACSIMILE TRANSMITTAL SHEET FAX: ITEM: FROM: ' DATE: Z% Z (/0 (� Anthony CoUrossi, Associate Engineer ANTHONY COLAROSSI, ASSOCIATE ENGINEER TELEPHONE: 760 777 7089 FAX: 760 777 7155 THE DUNES BUSINESS PARK PRELIMINARY CONSTRUCTION COST ESTIMATE ENGINEER'S OPINION OF PROBABLE COST 8/1/2005 PLEASE NOTE: THIS ENGINEER'S OPINION OF PROBABLE COST IS BASED ON INFORMATION AVAILABLE AT THE TIME AND MAY NOT NECESSARILY REFLECT ACTUAL CONSTRUCTION COSTS INCURRED. THIS COST ESTIMATE IS BASED ON TKC PRECISE GRADING & STORM DRAIN PLANS. TKC MAKES NOT GUARANTEE AS TO ACTUAL CONSTRUCTION COSTS INCURRED DURING !/IAIOT�I 1(`TIt'lAl ITEM �OESCRIP1TIONJNITi LQUANITiYI LUNITJP.RICE! iT,t3TAL� EARTHWORK 1 Mobilization LS 1 $ 10,000.00 $ 10,000.00 2 Prewater/Clear & Grub AC 7 $ 1,200.00 $ 7,800.00 3 Rough Grade CY 11,943 $ 1.50 $ 17,914.50 4 Fine Grade Pads SF 42,050 $ 0.25 $ 10,512.50 5 Fine Grade Retention Basin SF 10,836 $ 0.25 $ 2,709.00 6 Fine Grade Swales SF 9,180 $ 0.25 1 $ 2,295.00 7 PM-10 Compliance LS 1 $ 20,000.00 1 $ 20,000.00 TOTAL EARTHWORK $ 71,231 00` PARKING LOT 1 3" A.C. over 4.5" A.B. SF 90,584 $ 2.20 $ 1199,284.80 2 3" A.C. over 6" A.B. SF 64,701 $ 2.30 $ 1,148,812:30' 3 4" Thick Sidewalk SF 9,891 $ 4.00 $ 1-39 564.00? 4 6" Median Curb LF 3,031 $ 14.00 $ i42,434.00 5 6" Curb & Gutter LF 686 $ 16.50 $ f11,319.00 6 Type "A" Planter Island EA 20 $ 250.00 $ 1 5,000.0Q 7 Handicap Ramp EA 5 $ 660.00 $ � 3,300.00 8 Handicap Symbol & Stripping w/Signs EA 6 $ 500.00 $ 13,000.00_ 9 Paint 4" Hairpin Stripes LF 3,148 $ 1.75 $ : 5,509.00` 10 Construct AC Pavement Edge LF 574 $ 4.50 $ �2;583.00 11 Sawcut R&R AC Pavement SF 56 $ 5.00 $ 280 00 12 Sawcut & Remove Exist. Curb & Gutter LF 686 $ 17.50 $ � 2,005.00i 13 StopSign Legend & Post EA 1 $ 750.00 $ r750:00T 14 4" White Lines, Solid Stripping 3' O.C. SF 1,042 $ 1.50 $ ,1;563.ff 1 �� LF 694' g $ 5.00 $ T-3 470.00 15 4' Wide Concrete Ribbon Gutter LF 581 ib5 $ 16.00 $ �9,296-00- 1 TOTAL PARKING LOT $ 488;170.10` STORM DRAIN 18" R.C.P. LF 812 $ 42.00 134,104 21 Curb Inlet Catch Basin No. 1 EA 2 $ 4,500.00 $ .• t WDO 10- 3 30" R.C.P. LF 128 $ 55.75 $ t7,1364 36" R.C.P. LF 480 $ 71.25 $ �34,200 5 Brooks "Quickset" Catch Basin EA 3 $ 750.00 $ �2,250.00- 6 Manhole Pipe to Pipe No. 341 EA 1 $ 5,500.00 $ <5;500:00" 7 1 Manhole Pipe to Pipe No.340 EA 1 $ 5.500.00 $ (5,500.W TOTAL STORM DRAIN $ 97,690.00 0 f ,, 40571.10/08-01-05/Dunes Bus. Park Est. THE DUNES BUSINESS PARK PRELIMINARY CONSTRUCTION COST ESTIMATE ENGINEER'S OPINION OF PROBABLE COST 8/1/2005 PLEASE NOTE: THIS ENGINEER'S OPINION OF PROBABLE COST IS BASED ON INFORMATION AVAILABLE AT THE TIME AND MAY NOT NECESSARILY REFLECT ACTUAL CONSTRUCTION COSTS. INCURRED. THIS COST ESTIMATE IS BASED ON TKC PRECISE GRADING & STORM DRAIN PLANS. TKC MAKES NOT GUARANTEE AS TO ACTUAL CONSTRUCTION COSTS INCURRED DURING CONSTRUCTION ITEM _. DESCRIP,TION MUNITi LQUANITIY tUNITiPRICEI 'MTC),T Mom. SEWER 1 8" VCP LF 845 $ 40.00 $ 33,800.00 2 6" VCP LF 108 $ 30.00 $ 3,240.00 3 6" Clean Out EA 8 $ 750.00 $ 6,000.00 4 Manhole EA 3 $ 4,200.00 $ 12,600.00 5 Raise Manhole to Finish Grade EA 5 $ 425.00 $ 2,125.00 TOTAL SEWER $ 57,765.00 WATER 1 18" D.I.P. LF 1,007 $ 85.00 $ 85,595.00 2 12" D.I.P. LF 1,589 $ 50.00 $ 79,450.00 3 Fire Hydrant Assembly EA 4 $ 4,100.00 $ 18,000.00 4 Detector Check EA 4 $ 4,500.00 $ 25,200.00 5 PIV EA 4 $ 6,300.00 $ 7,500.00 6 Tie-in to Exist. 18" Main EA 1 $ 7,500.00 $ 7,500.00 7 18" Butterfly Gate Valve EA 13 $ 4,056.00 $ 52,728.00 8 Raise G.V. to Finish Grade EA 13 $ 425.00 $ 5,525.00 9 11 1/2" Water Service EA 7 $ 750.00 $ 5,250.00 10 2" Water Service EA 2 $ 950.00• $ 1,900.00 TOTAL WATER $ 288,648.00 TOTAL $1,003,504.10 Contingency 15% $ 150,525.62 GRAND TOTAL $1,154,029.72 0 40571.10/08-01-05/Dunes Bus. Park Est. , 1 1? " , I r � i DUNE PALMS BUSINESS PARK PRELIMINARY CONSTRUCTION COST ESTIMATE ENGINEER'S OPINION OF PROBABLE COST 6/28/2005 PLEASE NOTE: THIS ENGINEER'S OPINION OF PROBABLE COST IS BASED ON' INFORMATION AVAILABLE AT THE TIME AND MAY NOT NECESSARILY REFLECT ACTUAL CONSTRUCTION COSTS INCURRED. THIS COST ESTIMATE IS BASED ON PLANS PREPARED BY TKC DATED APRIL 2005. TKC MAKES NO GUARANTEE AS -rrn nr•ri ini rnK1QTD1 IrTInKl rnSTC mjr.i IRRFn ni IRINC; CONSTRUCTION_ ITEM �DESCRIPTiION iUN. ITi LQUANITiYi lU.N1TIP.RICE IMMOTA11411111111111, HIGHWAY 111 ' 1 6 1/2" A.C. over 9" A.B. SF 9,638 $ 3.90 $ 37,588.20 2 Fine Grade Street Area SF 10,870 $ 0.25 $ 2,717.50 . 3 8" Curb & Gutter LF 493 $ 18.00 $ 8,874.00 ' 4 Handicap Ramp EA 0 $ - 5 8' Wide Sidewalk SF 465 $ 4.00 $ 1,860.00 6 18" R.C.P. LF 175 $ 40.00 $ 7,000.00 7 Catch Basin EA 1 $ 4,200.00 $ 4,200.00 8 S.D. Junction Box EA 1 $ 4,200.00 $ 4,200.00 9 Signage & Stripping LS 1 $ 4,500.00 $ 4,500.00 10 Remove Existing A.C. To Subgrade SF 1,078 $ 3.90 $ 4,204.20 11 Sawcut LF 635 $ 1.75 $ 1,111.25 12 Construction Water LS 1 $ 5,000.00 $ 5,000.00 13 Traffic Control LS 1 $ 4,500.00 $ 4,500.00 14 Landscape SF 2,600 $ 10.00 $ 26,000.00 15 Relocate Exist. Power Poles EA 3 $15,000.00 $ 45,000.00 SUBTOTAL HIGHWAY 111 $ 156,755.15 Contingency 15% $ 23,513.27 TOTAL HWY 111 $ 180,268.42 NOTES: 1. Estimate does not include median in Hwy 111 2. This Estimate is for items within Caltrans right of way only. i 40571.10/05-06-28/Caltrans Right of Way Only Cost Est. � pM '2�'-os� �Ci/`o � c\ `1 �, ��. � � .,� �,. �� , L v' FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 31 143 THE KEITH COMPANIES (FOR BERNARD DEBONNE ET AL) APRIL 10, 2003 The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 48. The applicant shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & .13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 49. Streets shall have vertical curbs or other approved curb configurations that will convey Water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1 /8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 50. The applicant shall construct the following street improvements to conform with the General Plan street type noted in parentheses. A. OFF -SITE STREETS 1) Highway 1 1 1 - The north half (58-feet) of a 1 16-foot street improvement. Widen the north side of the street along all frontage adjacent to the Tentative Parcel Map boundary. Rehabilitate and/or reconstruct existing roadway pavement as necessary to conform to La Quinta=s urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutter, traffic control striping, legends, and signs, except for street lights. Other significant new improvements required for installation in, or adjacent, to the subject right of way include: (a) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal SACOM DEV\FINAL CONDITIONS\TPM 31143 DIR COA.DOC Printed September 23, 2003 Page 12 of 17 FINDINGS AND CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 31 143 THE KEITH COMPANIES (FOR BERNARD DEBONNE ET AL) APRIL 10, 2003 layout that utilizes concave. and convex curves with respect to the curbline that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between. 50 and 300 feet, and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. Entry drives, main interior circulation routes, standard knuckles, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. 51. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Highway 1 1 1, per Caltrans requirements 52. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 53. General access points and turning movements of traffic are limited to the following: A. Highway 1 1 1 - One 30-foot wide shared entry (15 feet on this property and 15 feet on property to the west) approximately 2000-feet west of Jefferson Street centered on the west boundary of Tentative Parcel Map No. 31143 - right turn in/right turn out. 54. Improvements shall include appurtenances such as traffic control signs, markings and other devices, street name signs and sidewalks. Mid -block street lighting is not required. SACOM DEV\FINAL CONDITIONS\TPM 31143 DIR COA.DOC Printed September 23,.2003 Page 13 of 17 02/17/2006 14:08 FAX 760 346 9368 TRC Palm Desert 001 Facsimile Job No.: Date: 2—/17lc)(c Project From: Fax: Fax: CC: Pages: Re: ❑ Urgent ❑ For approval ❑ For your use ❑ As requested ❑ For review do comment [� Otharr c�a�em� Cc�jrr�,,.vf —�7� 73733 Fred Waring Drive Palm Desert California 92260 t 760.346.9844 If you have any p?oblems with this fax, please call ,760.346-9844 , t 760,346.9368 www.kalt =.com CADocumenrs and Senrngzlc�-pmeflerlDeskraplo4-0S-le Fax Trans,doc 02/17/2006 14:09 FAX 760 346 9368 TKC Palm Desert r 0002 FIDELrry NATIONAL TITLE COMPANY SUBDMSION DEPARTMENT RECORDING REQUESTED BY AND Wf1:EN RECORDED MAIL TO: ALLEN MATKINS LECK GAMBLE & MAL.LORY LLP 1901 Avenue of the Stars, Suite 1800 Los Angeles, California 90067-6019 Attention: Gerben Hoeksma, Esq. M $ U PAGE SIZE DA PCOR NOCOR SMF misc. A R L COPY LONG I REFUND NCHG EXAM RECIPROCAL EASEMENT AND ACCESS AGREEMENT THIS RECIPROCAL EASENT AND ACCESS AGREEMENT ("Easement Agreement") 'is made as of this (day of,Lx x2006, by and between JUDITH A. GUTZMAN; STEPHEN ABOUAF an.d RANDALL ). KESSLER, AS TRUSTEES OF THE ALBERT AND EDITH KESSLER TRUST #1; GARY A. KESSLER, an individual; RANDALL. E. KESSLER and JAN Ii, KESSLER, TRUSTEES OF THE R&J KESSLER FAMILY TRUST DATED JUNE 28, 1999; and RANDALL E. KESSLER and MARLIN D. JOHNSON, TRUSTEES OF THE TESTAMENTARY TRUST II UNDER THE WILL OF ROBERT L. LIPPERT, AS THEIR INTEREST APPEARS OF RECORD ("Parcel A Owner"), and THE DUNES BUSINESS PARK, LLC, a California limited liability company, and ESF CAPITAL, LLC, a California limited liability company (collectively, "Parcel B Owner"), with respect to the following: RECITALS A. Parcel A Owner Is the owner of that certain parcel of real property situated in the City of La Quinta, County of Riverside, State of California ("Parcel A"), as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. B. Parcel B Owner is the, owner of that certain parcel of real property situated in the City of La Quinta, County of Riverside, State of California ("Parcel B"), as more particularly described in Exhibit "B" attached hereto and incorporated herein by reference for all purposes - Parcel A and Parcel B are adjacent to each other and share a common boundary (the "Common Boundary"). Parcel A and Parcel B are sometimes referred to in this Easement Agreement as a "Parcel" or the "Parcels". Parcel. A Party and Parcel B Party are sometimes referred to in This Easement Agreement as a "Party" or. the "Parties". C. Parcel A and Parcel B will share a common driveway (the "Driveway", as defined in Section 2 below), a portion of which will be located on Parcel A and a portion of which will be located on Parcel B. The Driveway will be: located upon the Easement Area (as defined in Section La. below). 76022 I.OSIOC D2d0�-pp��t-6-06•bjjltm . ] _ 02/17/2006 14:09 FAX 760 346 9368 TKC Palm Desert 0 003 i D. Parcel B Owner and Parcel A Owner desire to grant to each other reciprocal easements over certain areas of the Parcels for the purposes herein set forth for the mutual and common benefit of Parcel B Owner and Parcel A Owner, and their respective tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and assigns. AGREEMENT: NOW, THEREFORE, in consideration of the premises and for other valuable and sufficient consideration, the Pay -ties agree as follows: 1- Grant of Easements. . a. Parcel B Owner and Parcel A Owner each grant to the other, for the mutual' benefit of Parcel A and Parcel B, respectively, and for the benefit of the current and future owners of Parcel A and Parcel B, and their respective Permittees (hereinafter defined), irrevocable, reciprocal, perpetual non-exclusive right-of-way easements for pedestrian and vehicular ingress and egress over and upon the respective portions of Parcel A and Parcel B described on Exhibit "C" attached hereto (the "Easement Area") and the Driveway to be constructed thereon. As used herein, "Permittee" will mean Parcel B Owner, Parcel A Owner, any other person entitled by ownership, leasehold, : interest, tenancy, license or other legal relationship to the right to occupy or use all or any portion of either Parcel and any customer, patron, employee, concessionaire or other business invitee of the foregoing. b. Further, Parcel B Owner and Parcel A Owner each grant to the other, for the mutual benefit of Parcel A and Parcel B, respectively, irrevocable, perpetual, reciprocal, non- exclusive easements within the F;asement Area for the construction, installation and ,maintenance of subsurface water and sewer facilities and surface storm drain facilities (the "Utility Easement"). Further, Parcel ,A Owner grants to Parcel B Owner an irrevocable non-exclusive easement over those portions of Parcel A necessary for the construction of SWIP/erosion control improvements as shown on the Water and Sewer Plans attached hereto as Exhibit "D". Such easement for construction of SWI.P/erosion control improvements shall continue until such improvements are completed (which shall be on or before June 30, 2006) and shall thereafter continue only for maintenance until tho "Parcel A Development Commencement Date" (defined below) and shall terminate completely upon the Parcel A Development Commencement Date. All installation, maintenance and repair of any such utilities and facilities (collectively, the "Utilities") shall be performed in a nianner which, to the extent commercially feasible, causes the least amount of interference \,,!ith the use and enjoyment of the Parcels and, once commenced, shall be diligently prosecuted to completion. Upon completion of any such work, the affected area shall be restored as nearly as practicable to the appearance and condition in existence immediately prior to such work. In addition, if either Party causes any damage to the other Party's Parcel in exercisinti its rights tinder this Section Lb., the Party causing such damage shall repair all such damage and restore the other Party's Parcel as nearly as practicable to the condition that existed inunediatcly Prior to the occurrence of such damage. 2. Comstruction • and Maintenance of _Driveway. Concurrently with the commencement of construet1011 upon Parcel B and in any event no later than rune 30,. 2006, Parcel B Owner, at its sole cost and expense (without reimbursement from the other Party), shall 760'331.05/0C D2692-002/ 1-6-MbVim -? . 02/17/2006 14:09 FAX 760 346 9368 1 S TKC Palm Desert 0 004 improve the Easement Area with (i) an approximately thirty (30) foot wide driveway (fifteen (15) feet in width on each Parcel) and a right-tum lane over the southeasterly portion of Parcel A (the "Driveway") consisting of a curb cut for driveway access, concrete paving, curbing and related improvements all of which shall be in accordance with approved City standards and the conditions of approval imposed by the City in connection with Parcel B Owner's proposed development of Parcel B and (ii) water and sewer utilities substantially in accordance with the "Water Improvement Plans" and "Sewer Improvement Plans" for Parcel Map 31143 set forth in Exhibit "D" attached hereto. Parcel B Owner shall not be entitled to reimbursement from Parcel A Owner for such cost.or construction. Further, Parcel A Owner shall not be responsible to pay any connection fees for Utilities unless and until Parcel A Owner actually connects to such Utilities, nor shall any connection fee include any payment or reimbursement for any costs of construction of the Utilities. In connection with the foregoing, Parcel A Owner hereby grants to Parcel B Owner (and its agents, employees, representatives and consultants) a license to enter upon Parcel A for the purpose of improving the Easement Area with the Driveway and Utilities, as described in this Section. Parcel B Owner shall indemnify, defend, protect and hold harmless Parcel A Owner and Parcel A from and agamst all liability, damage and cost (including reasonable attorneys' fees) incurred as a result of or in connection with the activities of Parcel B Owner, its agents, representatives and consultants in connection with its activities of improving the Easement Area pursuant this Section and shall promptly repair any damage to Parcel A and/or any improvements thereon caused by any such activities. 3. Maintenance of Driveway_ Utilities and Easement Area. Following construction of the Driveway and Utilities lentil the date that Parcel A Owner commences grading and/or construction of permanent physical improvements in conjunction with the development of Parcel A (the "Parcel A Development Commencement Date"); Parcel B Owner, at its sole cost and expense, shall keep and maintain the entire Driveway and all of the Utilities within the Easement Area in good condition and repair, free of trash and bther debris, in accordance with all applicable laws, ordinances, regulations and codes, and as more particularly set forth bereinbelow: From and after the Parcel A Development Commencement Date, each Party shall keep and maintain the portion of the Driveway and Utilities located on its Parcel and the SWTP/erosion control. improvements shall be maintained by the Parcel A Owner, in good condition and repair, free of trash and other debris, in accordance with all applicable laws, ordinances, regulations and codes, and as more particularly set forth hereinbelow, without regard to the relative intensity or voluine of use of the Driveway, Utilities and Easement Area by the other Party or such Party's Perinittees. To the extent a particular Party is responsible for maintaining all or a portion of the Driveway, Utilities and Easement Area, such obligation shall include, without limitation, the obligations to: a. Maintain, repair and replace the paved surfaces of the Driveway and Easement Area such that those surfaces are smooth and evenly covered with the type of surfacing materials as shall be in all respects equal to the original surfacing materials in quality, appearance and durability, and a I l in accordance writh generally accepted maintenance standards. It is agreed that all paved arej�; must be constructed of hard surface material of an asphaltic concrete material in accordance with good engineering practices and in a good and workmanlike m anner. 7602-11.0$/0C u2892.002n-6.06/bii/tm .3 02/17/2006 14:10 FAX 760 346 9368 TKC Palm Desert ti Z 005 b. Remove all papers, debris, filth and refuse from the Driveway and Easement Area and wash or thoroughly sweep paved areas of the Easement Area as reasonably required by generally accepted maintenance standards for similar property sous to keep said area in a neat, clean and orderly condition. C. Maintain the pipes and drains as necessary for the operation of the improvements constructed and existing on Parcel A and Parcel B from time -to -time. 4. Development and Obstructions. Subject to the requirement that the easement rights granted hereunder are not materially impaired, the terms and conditions of this Easement Agreement shall in no way prohibit or impair the rights and/or ability of either Party to develop, to construct improvements or to otherwise use its Parcel. Neither Party shall cause or permit the unreasonable obstruction of the Basement Area or otherwise impede the exercise of the other patty's rights provided for hereunder, nor render the Utilities, Driveway and/or Easement Area unusable; provided, however, th.e foregoing shall not prohibit a barricade temporarily erected and reasonably necessary in order to repair and perform maintenance with respect to the Driveway, Utilities and/or Easement Area described herein so long as such barricade does not prohibit the ingress and egress to and from the Parcels during the normal business hours of the Parties. Parcel A Owner and Parcel B Owner, and their respective successors, hereby expressly reserve the right to grant other easements, licenses, leases, and/or rights -of -way over, under, upon, and across the Easement Area located on their respective Parcels, provided that such easements, licenses, leases and/or rights -elf --way over the Easements Areas do not substantially impair the exercise of the other Party's rhts provided for hereunder. 5. Self Hel Remedies_ If either Party hereto fails to perform any of its obligations 'under this Easement Agreement, in whole or in part, in addition to all other remedies it may have at law or in equity, the non -defaulting, Party shall have the right, but not the obligation, upon thirty (30) days' prior written notice to the defaulting Party (unless within that thirty (30) day period the defaulting Party shall cure the default, or in the case of a default which by its nature cannot be cured within that thirty (30) day period, the defaulting Party shall commence to cure the default within that thirty (0) day period, and thereafter shall diligently prosecute the curing of the default to completion) to proceed to take such action as shall be reasonably necessary to cure the default, including entering any portion of the Easement Area to cure such default (and entering such reasonable portion of the other Party's Parcel along and adjacent to the Easement Area, as reasonably necessan, to cure the default), all in the name of such defaulting Party and for the account of the defaulting Party; provided, however, (i) in the event of an emergency, the non -defaulting Party may lake such action to cure the default without notice to the defaulting Party and (ii) in the event of a default under Section 3.b of this Easement Agreement the notice and cure period set forth above shall be reduced from thirty (30) days to five (5) days. If either Party expends sums for the performance of any obligations of the other Party pursuant to the exercise of any self-help remedic;; lender this Easement Agreement, the defaulting Party shall reimburse the non -defaulting; Party for the cost of that performance within fifteen (l 5) days after the receipt of a statement therefore along with reasonable documentation substantiating the costs incurred by the non-defaultin ; Party. Thereafter, interest shall accrue upon any unpaid amounts .at the maximum rate allowed by law. If the defaulting Party fails to promptly pay any payment due under this Easement A;_rcement, the non -defaulting Party shall have the right to set off the amount due the defaulting Party against any payments due from the note -defaulting party to the 76022 1.01/0C 02892-002/1.6.06/hjj/lm -4- 02/17/2006 14:11 FAX 760 346 9368 TKC Palm Desert 0 006 r t defaulting party under this Easement Agreement. In addition, the non -defaulting Party is hereby granted a lien against the defaulting Party's respective Parcel to secure the payment of all sums due, and payable by the defaulting Party hereunder, which lien may be foreclosed by suit, power of sale or in any other manner permitted by applicable law, including power of sale foreclosure. Any lien granted under this Paragraph 5 shall automatically be subordinate to any mortgage or deed of trust or any other security now or hereafter placed on the Parcels, or any portion thereof, and to all renewals, modifications, consolidations and replacements of such mortgages or deeds of trust. 6. Indemnity and Insurance. a. Each Party hereto shall indemnify, defend, protect and hold the other Party, its tenants, officers, directors, members, partners, shareholders, first mortgagees, agents and employees harmless from and against any and all claims, proceedings, lawsuits, liabilities, damages, injuries, deaths, losses, fines, penalties, judgments, liens (including mechanic's and materialman's liens), awards, costs and expenses, including, without limitation, reasonable attorney's fees and costs, that arise out of., or relate in any way to, the -use of the Easement Area by such Party and by its tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and assigns. This indemnity shall survive the termination of this Easement Agreement. b_ Parcel R 0wner and Parcel A Owner, each at its sole cost, shall obtain and keep in force at all times, and naming the owner of the other Parcel as an additional insured, a policy or policies (which may be a. combination of primary coverage and umbrella policies) of public liability insurance for personal injury and property damage, which insurance shall cover the use and enjoyment of the Easement Area by each such Party and its tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and assigns, in amounts customarily written on coMparable Properties in the County of Riverside, but in no event less than Two Million Dollars ($2,000,000.00) per occurrence. Notwithstanding the foregoing, Parcel A Owner shall not be required to name the owner of Parcel E as an additional insured on Parcel A Owner's insurance policy or policies prior to the Parcel A Development Commencement Date. 7. Sale of Parc.! lam_ If during the existence of this Easement Agreement, either Parcel B Owner and Parcel A Owner, their respective legal representatives, successors or assigns shall sell or transfer or otherwise terminate its -interest as owner of any portion of the Parcels, then from and after the effective d;rtc of such sale, transfer or termination of interest, that Party shall be released and discharged from any and all obligations, responsibilities and Iiabilities under this Easement Agreement as to the parts sold or transferred, except those obligations, responsibilities and liabilities, if any, which have already been accrued as of such date, and any such transferee by the acceptance of the transfer of such interest, shall thereupon become subject to the terms, conditions and covenants contained.in this Easement Agreement to the same extent as if such transferee were originally a Party hereto. 8. RiRhts of NfOrtgagees. The provisions of this Easement Agreement shall be prior to any mortgage or deed of trust hereafter executed affecting all or any portion of the applicable Parcel. If any portion of the applicable Parcel is sold under a foreclosure of any such mortgage 76022 I.0510C p3$92.002/1-6-06ft/tth -5- 02/17/2006 14:11 FAX 760 346 9368 TKC Palm Desert 007 r or deed of trust (or by deed in lieu thereof), any purchaser at such sale (or any purchaser pursuant to any such deed m lieu), and the successors and assigns of such purchaser, shall hold any portion of the applicable Parcel so purchased subject to all of the provisions of this Easement Agreement. 9. Duration of Easements; Binding on Successors. The easements created herein are hereby declared to be perpetual, shall run with the land and the Parcels in perpetuity, and shall be binding on Parcel B Owner and Parcel A Owner and their respective legal representatives, successors and assigns, and on all parties having or acquiring any right, title, interest or estate in the Parcels or any portions thereof 10. Amendment of Easement Agreement. This Easement Agreement ,may be modified, amended or terminated, in whole or in part, by the written consent of the then owners of record of Parcel A and Parcel B. No modification, amendment or termination of this Easement Agreement shall be effective as to the holder of any then existing mortgage or deed of trust affecting any portion of the Parcels unless such party consents thereto. Any modification, amendment or termination of this Easement Agreement shall become effective only upon recording the same in the office of the County Recorder of Riverside County, California. 11. No Dedication.for Public Use, This Easement Agreement is not intended to, and does not, constitute a dedication for public use of all or any portion of the Easement Area or the Parcels, and the rights granted herein are private and for the benefit only of Parcel B Owner and Parcel A Owner and their respective tenants, subtenants, licensees, employees, agents, invitees, legal representatives, successors and assigns. 12. Countervarts. This ]Easement Agreement may be signed in multiple counterparts which, when signed by all pasties, shall constitute a binding agreement. 13. Attorneys' Fees. IT). any action between the Parties arising out of this Easement Agreement; the prevailing Party in the action shall be entitled, in addition to damages, .injunctive relief or other relief, to its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs fixed by the court. [Signature page follows) 760231.05/OC U2892-00211.E-0"b Irm -6- 02/17/2006 14:11 FAX 760 346 9368 TKC Palm Desert U008 e % IN WITNESS WHEREOF, the parties have executed this Easement Agreement as of the date first written above. AO A. �WEPHEN ABOUAF, /PS TRUSTEE OF THE ALBERT AND EDIT . KESSLER TRUST #1 RANDALL E. KESSLER, AS TRUSTEE OF THE ALBE AND EDITH KESSLER TRUST #1 G Y A. KkSSLER, an individual RANDALL E. KESSLER., TRC]ifi E OF TIIE R&J KESSLER FAMILY TRUST DATED JUNE 28, 1999 . J H. KESSLER, TRUSTEE OF THE R&J KESSLER FAMILY TRUST DATED JUNF: 28, 1 9 RANDALL E. KESSLER, TRUSTEE OF THE TESTAMENTARY TRUST II UNDER THE WILL OF ROBERT L. LIPPERT. [SIGNATURES CONTINUE ON NEXT PAGE] 70221.03/UC U2$9'-W2/I-5-o5/b1lhm .7. 02/17/2006 14:12 FAX 760 346 9368 '. TKC Palm Desert [a 009 I� MA*LD.HNSON, TRUSTEE OF THE TESTAMENTARY TRUST II UNDER THE WILL OF ROBERT L: LIPPERT, AS THEIR INTEREST APPEARS OF RECORD "Parcel B Owner" THE DUNES BUSINESS PARK, LLC, a California limited liability company By: Name: Jeffrey Lowden Title: Member 760221.05/OC W892-0MII .&06/bjj/tm ESF CAPITAL, LLC, a California limited liability company Name: Chris W. Caras Title: Title: Member 02/17/2006 14:12 FAX 760 346 9368 TKC Palm Desert 1a010 r MARLIN D. JOHNSON, TRUSTEE OF THE TESTAMENTARY TRUST 11 UNDER THE WILL OF ROBERT L. LIPPERT, AS THEIR INTEREST APPEARS OF RECORD "Parcel B Owner" THE DUNES BU SS , LL , a Califo a limi d li ' ty comp By: Name: Jref Hey Lowden Title: Member ESF CAPITAL, LLC, a California limited liability company By: Ct� Name. Chris W. Caras Title: Title: Member i 760221.05/OC U2892.002/1-6-06/6ptm _$ 04/17/2006 14:12 FAX 760 346 9368 d , TRC Palm Desert 0 011 EXHII IT "A►' LEGAL DESCRIPTION OF PARCEL. A THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST CKJARTER OF SECTION 29, TOWNSHIP 5 SOUTH. RANGE 7 EAST, SAN BERNARDINO RI RASE AND MEDIAN. LYING SOUTHERLY;OF THE SOUTHERLY LINE OF THE COACHELLA VALLEY STORM WATER CHANNEL, AS DESCRIBED IN DEED TO THE COACHELLA VALLEY WATeg DISTRICT, RECORDED OCTOBE32 e. 9923 IN BOOK 591 PAGE 223 OF DEEDS, RECORDS OF RIVERS012 COUNTY, CALIFORNIA; EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED TO THE STATE OF CALIFOR LA, RECORDED FEBRUARY 13,11936 IN BOOK 266 PAGE 24 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DE£D TO THE COACHELLA VALLEY WATER DISTRICT, RECORDED MARCH s, 1962 IN BOOK 3091. PAGE 227 AS INSTRUMENT NO. 201r17 OF OFFI01ALL RECORDS OF RIVERSIDE COUNTY CALIFORNIA. AssePluw$ Persil No.,649-o2o-pt3-s (Wr. 1'/I Tfu) 160221.D5/oC EXHIBIT "A" D2892- 02/1-6-06/bjinm _I_ 02/17/2006 14:12 FAX 760 346 9368 TBC Palm Desert 0 012 EXHIBIT "B" LEGAL DESCRIPTION OF PARCEL B The West Quarter of the Fast Three Quarters of the Northeast Quarter of Section 29, Township 5 South, Range 7 East, San Bernardino Base Meridian; Except therefrom for public highway purposes the South 60 feet thereof conveyed to the State of California by deed recorded February 13, 1936 in Book 268 Page 24 of Official Records of Riverside County, California Also excepting therefrom that portion lying Northerly of the Southerly line of that portion conveyed to the. Coachella Valley County Water District, as described in a deed recorded March 22, 1962 as Instrument No. 26452 of Official Records of Riverside County, California_ Also excepting therefrom all oil, gas, mineral and other hydrocarbon substances in and under said land. 7(,0321 mloc EXHIBIT "B" u:A 92-out;1.5.OG/by/im - I - 02/17/2006 14:13 FAX 760 346 9368 TKC Palm Desert 0013 EXHIBJT LEGAL DESCRIPTION OF EASEMENT AREA PARCEL "A" AN EASEMENT OVER AND ACROSS THAT PORTION OF THAT CERTAIN PARCEL DESCRIBED IN GRANT DEED RECORDED AUGUST 21, 1990 AS INSTRUMENT NO. 90- 309487, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED. WITHIN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNA.RDINO MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID PARCEL LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE - COMMENCING AT THE SOUTHEAST CORNER OF SAID DESCRIBED PARCEL, ALSO BEING A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF HIGHWAY 111, SAID RIGHT OF WAY LINE BEING 60.00 FEET NORTH AND PARALLEL WITH THE SECTION LINE OF SAID SECTION 29; THENCE SOUTH 89°39' 17" WEST 244.44 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 85012' 14" EAST 195.02 FEET, - THENCE NORTH 00001'57" EAST 10.67 FEET; THENCE NORTH 44059'01" EAST 37.23 FEET. THENCE NORTH 90°00'00" EAST 8.65 FEET TO A POINT PARALLEL WITH AND 15.00 .FEET WESTERLY OF THE EASTERLY PROPERTY LINE OF SAID DESCRIBED PARCEL; THENCE NORTH 00°08'46" WEST 559.56 FEET PARALLEL WITH AND 15.00 FEET WESTERLY OF THE EASTERLY PROPERTY LINE OF SAID DESCRIBED PARCEL, TOGETHER WITH A 20.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING 20.00 FEET WESTERLY AND PARALLEL WITH OF THE ABOVE DESCRIBED LINE. DESCRIBED EASEMENT CONTAINS 12,099 SQUARE FEET, MORE OR LESS. PARCEL "B" AN EASEMENT OVER. AND ACROSS THE WESTERLY 15.00 FEET OF PARCEL'S 1 AND 4 AS SHOWN ON PARCEL MAP NO. 31143 ON FILE IN BOOK OF PARCEL MAPS, PAGES THROUGH , INCLUSIVE, RECORDS OR RIVERSIDE COUNTY, 02/17/2006 14:13 FAX 760 346 9368 TKC Palm Desert la 014 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT AREA STATE OF CALIFORNIA, LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN. DESCRIBED EASEMENT CONTAINS 8,801 SQUARE FEET, MORE OR LESS. FOR GRAPHICAL PURPOSES. S.F_.E EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Pre nder the supervision' of: �0 LAND S� E. �L DDate: Angela E_ Dorf, PLS No. 8 10 v Q� Expires 12/3 l /06 No. 8010 THE KEITH COMPANIES, INC. 73-733 Fred Waring Drive, Suite 100 Exp.. 12/31/06 Palm Desert, CA 92260 (760) 346-9844 F CAS_ EXH1TO gyc SHEET 1 OF 1 PARCEL B' 5,D LAND SUS 20' TEMPORARY CONSTRUCTION EASEMENT E. 8,801 Sf PARCEL A PARCEL 4 No. 8010 12, 099 SF Z Ev. 12/31 /06 u PARCEL MAP NO. 31143 qjE Ca�� o P.M.B. / POR OF NE 1/4, a o SEC. 29, T5S, R7E a PREPARED UNDER THE 2 SUPER61SION OF- � ANCELA DORF,, P. L.S. 010 DATE 15 INS T. NO. 90-309487 O. R. ; APN 649-020-0 I3 ' N90'00'00"E 8.65' N44'59 01'E JZ2J' NO0'015rW 10.67' _ - - - - - J NB5'12'14"E 195.02' P. 0. B. _ / 0 — b 15' PARCEL I 244, 44' p SECTION L/N£ V Z u., z CN 5 Z o• NQ � OQ �a�o SCALE: 1" 100' v ae O N u.L"Ow 0 M ^ O q a �!C" �o HIGHWA Y I I I ;N r -►- 4 ilpfHxa S.LN91%19A02YJNI 2 3M3S (WV 2I31VA4 (I Juq1RX2( U"Arc/9Q-9, I /ZOQ-Z68Za 9TOO ajasaa mTBd 03U 99C6 M 09L XVd tT:tT 900Z/LT/ZO l9F� O��rs,rar.�a Oa�rw.rrwrw r�R�rsr Or�f;_rr�_�Nar O� O�'�*+rswarrR � O� r.��w rs�srwrrra an�satras�r--�—r �wRRa O�—vN wM��rr --- it ?.L,1 ��`-1`•� _ ^ zw-_LL Kai C1 J.11a1HX3 40M M . DOOp 11WM3F ------------- RZ ----------- --------- --- sek ........................... a a 96066166 doe `1;(r'1/979-1/Z00-C62,0 30/50'IZZ09L 2JO99a MTvd DU 99E6 9re 09L M ST:VT 900Z/LT/ZO Dr TER MW Or U 4LUTA. 11UTE 9W CAUPM23FU SEWER IMPROVEMENT PLANS THE DUNES BUSINESS PARR P.A,R C EL MAP 31143 WWO a G I M T+ S A. a 1 [. UQL "wl�1 - 'a m � o__'o i{ 4. 4 Ommom=Lwm mff s 9@�mwnunwm6o -.► sa.u.wra M /O I w��r��r.r ice. a hr .e l... _. ^. -9- a m! %My H Itll"N90.9- I/Z00•Z68Z<I JU/SO I ZZ09L »a OZO!(j 1.rasaQ MTWJ DMZ 9996 M 09L YVa 9T:VT 90OZ/LT/ZO -9- Q ,LI$IHX3 b Eq wl/n9/90-7I/L00•Z68Z Jaso I ZZ0% � C T � TZO in 1.zasaQ mTBd OXI 99C6 M 09L %tad,_ 9T : PT 90OZ/LT/ZO am wus�s.ara `- aa+I.�w s.r .• � rfRr. it r rr� r w a�rl . Bi THE CTi'fr OF U WMA, IUn W COMM awwe. WATER IMPROVEMENT PLANS `I'- MIN . 7= DUNES BUSINESS PARK PAIRC L MAP NO. 31143 ICIOk� n192 r.L 1f1 W OCJlos M. 7, s L i i L LZM. man •�.•. �I�r• _+a-r maw. �® cr era�•1. � e•'•q r-wa ' rar Ewa y��..w.ue.wl,.• I4w..�Iaar�..�i —.��-i • t� 1 � ` w r.a � � • r o— �� N+.lef��swrw r.. rars.•rrrls.rrr�i.�.. JkL E -�a -g- Q .LI flIfxJ i� till. ' U90.9-I/c00-%68E4 JOiSO' 1 U09L sZ01 j 2Jas9a MTBd 03U RM M 09L YU LT:tT 900Z/LT/ZO 02/17/2006 14:17 FAX 760 346 9368 TRC Palm Desert U024 r , STATE OF CALIFORNIA) COUNTY OF ALAMEDA ) On January 23, 2006, before me, Lisa F. Hill, Notary Public, personally appeared Randall E. Kessler and Jan H. Kessler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the o instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA) COUNTY OF ALAMEDA ) SS. LISA F. HILL 3 NOTARY P�uc'-CAur'�OML MAMMA COUNTY 0 COMM. EXP. F0,10, 2008 �+ On January 23, 2006, before me, Lisa F. Hill, Notary Public, personally appeared Gary A. Kessler, personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the: instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF OREGON ) COUNTY OF MULTNOMAH ) SS - a LISA F, HILL 3 Q OM" PUBu$1 kIfO ALAMEDA CCOUt TY C) omm• FXP. Fait), 2W8 On I Z(r 2006, before me, rn b-w) .0waryy Public, personally appeared Judith A. Gutzman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 1I�MUM OFFICIAL SELA IQMBERI.Y D, WILIiEf.M FAegYC10 NOTARY I'MUC-OFIEGION COMMISSION NO.315747 MYCOMMISSION EXPIRES DECEMBER 18, 2001 02/17/2006 14:17 FAX 760 346 9368 TKC Palm Desert r . Z 025 STATE OF OREGON ) COUNTY OF MULTNOMAH ) SS. On 200C,before mewx�j�,�fa� Public, personally appeared Stephen Abouaf, personal known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Notary Publi STATE OF CALIFORNIA) COUNTY OF ALAMEDA ) SS. OFFICIAL SEAL KIA�NBERI.Y D. WILHELM-rABRYCKI NOTARY Pusuc-oREGON cOMMLRSiON No. 375747 WCOMMISSION EXPIRES DECEMeER 18, 2007 On January 23, 2006, before me, Lisa F. Hill, Notary Public, personally appeared Randall E. Kessler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged.to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public L4VLISA F. HILL COMM, 01469 " NOTARY PUBLIGCAUFORNLA I ALAMEDA CC COMM. Exp. FEB.002008.A 02/17/2006 14:18 FAX 760 346 9368 TKC Palm Desert la026 r ; STATE OF CALIFORNIA) COUNTY OF ALAMEDA ) SS. On January 24, 2006, before me, Lisa F. Hill, Notary Public, personally appeared Randall E. Kessler and Marlin D. Johnson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, �A& ��& Notary Public L1SA �. HILL COMM # 1469799 NOTARY FMLIC-CAUFORNIA ALAMEDA COUNTY () COMM. EXP. FEB. 10, 2008 a 02/17/2006 14:18 FAX 760 346 9368 TKC Palm Desert f r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califom' ss. County of , A All On L i oZyoS` before me, A rr e / �d r oato Name a e W Off1 r (e.o.. "Jane Doe, Notmy Pioiei personally appeared e-J Jej—(�—e. ;ZZ MARILYN LEE IRV1N ComMIZIon # 1431304 VNotary Public - Collfornlo Rlverstde, County WCornm Ex Aug 16,20LV time(c) al linnet([) D perso nown to me oved to me 'on the basis of satisfactory evidence to be the person(aj' whose name(eO/re subscribed to the wit instrument and acknowledged to ��heir y executed the same in thorized capacity(e1 5 anby h- /he�rJf> 5 signatur�on the instrument th rso or the entity upon behalf of which the pe n(sl' acted, executed instrument. . and officW seal, I / ` OPTIONAL Though the information below is nct required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: A / �P,. C_IIj A r 6.42 a saoweot'(�- Document Date: - 0 Number of Pages: Signer(s) Other Than Named Above: CapaclYies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Ttle(s): _. . ❑ Partner — O Limited ❑ General ❑ Attomey-in-Fact O Trustee ❑ Guardian or Conservator ❑ Other. Signer Is F'upresenting:_-... nICKI' THUMBPRIN T OF SIGNER Z 027 _, -.,+., ... o..,,, rye,, rv. oox r��e • uiw�e!vafln, liA N137 &2002 e'+µJ41t101161110tery orp t'+e4 No. 5=7 Reweer..Cae 1bU-Faa 1.90487688:7 02/17/2006 14:18 FAX 760 346 9368 0 0 T r TKC Palm Desert [a 028 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss_ County of Los Angeles On January 12, 2006betoreme, DOG personally appeared _ ROBERTA JDACA r COMM. #1484601 n U NOTARY PUBLIC-CALIFORMIA h LOS AAtlStLE$ COUNTY c7 My Comrnls9ic;l Expires '+ APR!L 20.2,008 Robert Apodaca, Notazy Public, Nero WA Tft OI Otlkr (e-0.. •.lane ooe, Nei" PuaaeI 1 Chris W. Caras Name(s) a s4mg(c) ❑ personally known to me M proved to me on the basis of satisfactory evidence to be the persogs) whose name(by isAVel subscribed to the within instrument and acknowtedged to me that he1§04 eft executed the same in his/f/ q/"iy authorized capacity(ol), and that by his"dtVe(r/ signature(A) on the instrument the person(,!;), or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS and and official seal. Slpret< d Nmmy uhk OPTIONAL Though the information below is not toutdrod by law, if may prove vplueple to persona relying on (he document end could prevent fraudulent removal and nuaffaclurleruoflllls form fo aeodler document. Description of Attached Document Title or Type of Document: Recirnocal Easement And Access Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb hftm 0 Corporate Officer — Td1e(s); ❑ Partner -- 0 Limited © General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: w ,mro �1w naaryAssoMW - 9950 tie Seto Ave.. F.O. aor NO2 • Chat,w CA 91313-2402 • WWw.Au6mmh a4vy wq FMd No. go? Reorder: Call Tol6l'm I-BDH76-M7 ` City of La Quinta The following General and Special Provisions are attached to and made a part of Permit Number 4600 The following shall always app/v: 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 (Y..") 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%") 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 R1I 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 furnished to the City Engineer prior to the removal of any monuments. This office shall be notified upon completion or replacement of all survey monuments for proper 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 (6) 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 and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973. ® R19 COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line. One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in 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 ( 5 ) 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. PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 In addition to the standard permit conditions, the following shall apply: 1. 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. The issuance of this permit and the City approval of the related construction improvement plans do not provide a vested entitlement for all design parameters that may have been utilized for the plans. As such, plans. approved for this permit may be "at risk" for further modifications as it relates to any follow up improvement plan requirements as required by the city or existing errors & omissions by the architect or engineer of record. 3. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the actual work performed. 4. Bishop Builders and/or Dunes Business Park, LLC, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 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 1 st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m. Saturday 8:00 a.m. to 5:00 p.m. May 1 st 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) neither before 8:30 a.m. nor after 4:30 p.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 (951) 955-6894 if signal operation at the intersection is to be altered in any way. Special Conditions ' Page l of 6 PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 8. The permittee and/or contractor placing engineered fill must provide adequate time and safety for the Geotechnical Engineer of Record to perform soils testing during engineered fill placement. The testing frequency shall be determined.by the Geotechnical Engineer of Record such that the fill can be determined to be placed according to the city approved plans. 9. The permittee and/or contractor shall provide surveyor staking information adequate for the City Inspector to determine horizontal and vertical locations relative to the approved city plans. The minimum required wood lath type stakes shall be placed at all proposed building corners, and they shall state the horizontal location relative to building corner and the elevation of the top of hub next to the lath. 10. 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. 11. Any land on which Williamson Act contracts apply shall remain undisturbed. 12. The permittee. shall place temporary no parking signs along the parking area affected by the construction. The signs shall be placed along the area 48hrs prior to the start of closing the area, and removed immediately after the construction completion date. 13. 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. 14. 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. 15. Should additional work, materials, or modifications of the work be required in order to meet City standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be performed by the Permittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. Special Conditions Page 2 of 6 PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 16. The permittee shall be responsible for notifying the inspection staff of import fill and overexcavated areas on a daily base's. If the inspector's phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or the Associate Engineer at 777-7089 to determine the city inspector's phone number. If the imported fill or overexcavated locations indicate to the inspector that inadequate soils exist based on the criteria set forth in the Project Soils Report, Public Works Greenbook, or Uniform Building Code, the Public Works inspector may halt grading operations until the inadequate soil has either been removed or the Public Works Director authorizes grading to continue. The above testing or observations does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Prior to the city issuing a building permit, the permittee's Geotechnical Engineer of Record shall submit a certified letter indicating that the grading has been completed per the approved plan. A compaction report on all fill is required following pad certification and prior to building permit issuance. 17. The permittee shall be responsible for calling the city inspector to arrange the city inspector to observe random trench compaction testing performed by a city approved material testing firm. If the inspector's phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or the Associate Engineer at 777-7089 to determine the city inspector's phone number. The inspector shall determine the number and location of the test location/s. The above testing does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Materials testing must be performed under direct supervision of a California Registered Civil Engineer. 18. The permittee is responsible for obtaining a valid separate permit from the California Department of Transportation Department (CalTrans) if any of the work or traffic control devices extend into the CalTrans right of way. 19. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start of construction, the name of the City approved contractor, who shall submit to the City the following items: a. General Liability Insurance Company and Policy Number b. City Business License c. Contractors State License Number 20. The permittee shall not encroach upon private property without prior written approval (submit to the Public Works Department, attention to the Associate Engineer) of the private land owner whom is being encroached upon. 21. Prior to performing construction work and closing any lanes in the Public Right of Way, the permittee shall call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a preconstruction meeting with the City Inspection staff. Special Conditions Page 3 of 6 PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 22. The permittee shall haul all offsite debris to a certified landfill. Prior to hauling debris, the permittee shall inform the City (Inspection staff or 777-7089) of the name and location of the certified dump site. 23. Prior to excavating in native soils, the owner of the project shall have employed by proposal contract an archaeological observer for the site excavations within native undisturbed soils. A copy of the contract must be submitted to the Public Works Department and attention this to the Associate Engineer. If the archaeologist determines the site note to be required to be observed, please submit a letter signed by the archaeologist stating their determination. 24. If public traffic lanes are required to be closed, this permit is not valid until the permittee submits, to the Public Works Department, an approved traffic control plan at least 2 weeks prior to start of construction or parking on the paved R/W. 25. 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 (951) 955-6894 if signal operation at the intersection is to be altered in any way. 26. 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 to 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. 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. Special Conditions Page 4 of 6 PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 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. 27. 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. 28. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 29. Access and egress to all local properties shall be maintained at all times. 30. 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 Special Conditions Page 5 of 6 PERMIT NO.4600 Dunes Business Park / Rough and Precise Grading / SDP No. 2005-822 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/" max medium asphalt concrete as the base course lift and a City approved %" max medium finish course lift for capping. Asphalt concrete mix design shall be approved by the City prior to its placement. D. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the trenching operation located adjacent to the trench saw cut shall be cold -milled to a depth of 0.10 feet with butt joint created next to the existing unmilled pavement surface. The cold -milled area and base asphalt concrete in the trench area shall be overlaid with a City approved C2-AR-4000 asphalt concrete mix. The width of the cold milling area shall be as follows: For longitudinal trenches located in a parking lane: 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/" 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. 31. 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. 32. 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. 33. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. 34. 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. Special Conditions I Page 6 of 6 Date: /, 200 -7 ja IM II 13M 1 TH I F I S City of La Quinta Public Works Engineering Department Inspector's Daily Log Commercial/Residential Development Weather: Clear ❑ Cloudy a Rainy ❑ Overcast ❑ I Temperature Range: 90-/oo Wind: Still �R Moderate ❑ High ❑ �t21,� /tea ivy er /f%. �� D .4�i / e/s ems)% By: Title: 1141e7ol /I 9t 012 Page �[ of CADOGnnents and Settings\jrey\Local Settingffempo;ary Internet Files\OLK281D\Daily Inspectors Log.doc �f lw 4�rw ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION Finance Revenue Code E-1 Qr:�✓ � Zor �al For the construction of public or private curbs, driveways, pavements, sidewalks, parking Aots, sewers,, water mains and other like public works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS. AT -RISK Subdivision Improvement Permit - Class III Minor Improvement Permit Class IV DATE:2/6/06 LOCATION OF CONSTRUCTION (Street address or Description): The Dunes Business Park, Hwyg 11 and Dune Palms N0.2005-822 PURPOSE OF CONSTRUCTION: Precise Grading DESCRIPTION OF CONSTRUCTION: See Plan Set No. 06024 QPR DIMENSION OFINSTALLATION OR REMOVAL: See Plan Set No. 06024 ►T 03 C/yy APPROXIMATE TIME WHEN WORK WILL BEGIN:Will Call TIME OF COMPL tat ESTIMATED CONSTRUCTION COST: $71,231 + 488,170.10 + 97,690 = 657,091 + 24,490 = $681,581. ! r• (In uding remova of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacing improvements) COMMENTS: Amended 1/23/07 to include (4) 12"laterals to extend to boundary line for shared use of the SD system (see attached). 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 at (760) 777- 7075. Comply with all applicable City Ordinances, the terms and conditions of the permit and all applicable rules and regulations of the City of La Quinta and to pay for any additional replacement necessary as the result of this work. Signature of Applicant or Agent The Dunes Business Park, LLC - Paul Ramsey 3550 W. 6" Street Suite 400, Los Angeles, CA (213) 382-9680 Paul (951) 834-2759 Name of Applicant (please print) Business Address Telephone No. Bishop Builders P.O. Box 1746 Ketchum ID (951) 834-2759 (208) 726-9717 . Name of Contractor and Job Foreman Business Address Telephone No. Contractor's License No. 101277 City Business License No. Cincinnati Insurance Company CPP0720886 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Inspection Fee Permit Fee As -Built Deposit Cash Dep-Surety Bond if required TOTAL Original fees $ 21,860.00 $100.00 $ (1,000.00 ) $ Amended Fees $ 735.00 $100.00 $ S $22,960.00 $835.00 Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs See attached schedule PERMIT NO.4600 DATE APPROVED: Z EX�f�4TgQN DAJ&., j /(� BY: \� Administrative Authority k ]` 5 .��F ; • r y .M1 .. .1 1r QY��w OF I� ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION Finance Revenue Code E-1 31 fi4 For the construction of public or private curbs, driveways, pavements,'sidewalks, parking lots, sewers, water mains and other like public works improvements in connection wK,,MIND��VrE�M .`+d:4 TRoan AAPP OVED SUBDIVISIONS. 6PO C%-z4_97) Subdivision Improvement Permit - Class III n\ Minor Improvement Permit Class IV DATE:2/6/06 Z PURPOSE OF CONSTRUCTION: Precise Grading Lwc rT11W Pk.. a..A ., 143/D 14-ftee-k5 -N e4k AL: See Plan Set No 0601(j. 1kt'*1 STOW^" kX""`` WILL BEGIN:Will Call TIME. OF COMPLETION:2 months from start and placing permanent resurfacing and/or replacing improvements) 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 at (760) 777- 7075. 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 a d to pay for iLicr�a a lacement necessary as the result of this wor . Signature of Applicant or Age t The Dunes Business Park, LLC - Paul Ramsey 3550 W. 61' Street Suite 400 Los Angeles CA (213) 382-9680 Paul (951) 834-2759 Name of Applicant (please print) Business Address Telephone No. Bishop Builders P.O. Box 1746 Ketchum ID (951) 834-2759 (208) 726-9717 Name of Contractor and Job Foreman Business Address Telephone No. 801773 101277 Contractor's License No. City Business License No. Cincinnati Insurance Company CPP0720886 Applicant's Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Lg�+ 17 7�C Inspection Fee $0 ?�a Permit Fee $100.00. ICU u! As -Built Deposit $0,000.00) Cash Deposit -Surety Bond, $ if required df TOTAL $MM4*.Ng4 ZZ,160,00 Avv Public improvements: 3% of estimated construction costs Priv to improvements: 3% of estimated construction costs See attached gctTdule PERMIT NO.4600 DATE.APPROVED: EXPI 1.% ATE: -EJ BY: - kilt . v,3jj - ., - — Jv - � GAG Administrative Authority T I Y+� PEOIS�tgf A � t aaax�aj' zr e .. 1- ie rN Bill TITLE SHEET d NOTES b V�N N n �� mi 0 r usGr° T $I� I - —+ ©O©O©Oit Z O n n qt Yf 1114 I III ®®®®®oGee �- A5 IIlipI sAg R II of i•�Ihj�7 � � � n •� �Q I ISO 00000000, n n.r itg�. III"I I;� III{,IIII U U ull 1 144 nR r 4.�+III n ��ii I a I II �IIII i s H I}.2I n n n n n II II II II II UUUUU nnnnn 11 a{ II II 41.14-It II II IIwII _ II e a THE DUNES RETAIL CENTER PREPARED BY.- PARCEL 1., 2 & 3 SAXON ENGINEERING SERVICES, INC, SDP 2006-862 1030 CALLS SOMBRA SUITE A-2 PARCEL MAP 31.143 SAN CLEMENTE, CA 92673 SE00N 29, T002AP'5 SOURd RANGE 7 EAST, SW 8DMRDINO BASNNE AND MERIDIAN (949)366-2180 r � { SAXON E N G I N E E R I N G Engineer's Cost Estimate Offsite Stormdrain For The Dunes Project (for pennitting purposes only) QTY Unit Total Total for Price Line Line 1 $7,780.00 12" PVC Pipe 26 $30.00 $780.00 Junction Structure 2 $3;500.00 $7,000.00 Line 2. $5,510.00 12" PVC Pipe 67 $30.00 $2,010.00 Junction Structure 1 $3,500.00 $3,500.00 Line 3 $5,510.00 12" PVC Pipe 67 $30.00 $2,010.00 Junction Structure 1 $3,500.00 $3,500.00 Line 4 $5,690.00 12" PVC Pipe 73 $30.00 $2,190.00 Junction Structure 1 $3,500.00 $3,500.00 Grand Total $24,490.00 F E SS/p�, 0. 1.8 m XP. (s-30-0, Kurt M Saxon PE RCE 44180 Date 1 Zs D'I IgTE ENG�H�O�r j� AMENDED PERMIT NO.4600 DUNES BUSINESS AND RETAIL CENTER/ Precise Grading /PM 31143 In addition to the standard permit conditions AND previous special conditions, the following shall apply: This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the actual work performed. 2. Dunes Business Park, LLC, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 3. The permittee and/or contractor placing engineered fill must provide adequate time and safety for the Geotechnical Engineer of Record to perform soils testing during engineered fill placement. The testing frequency shall be determined by the Geotechnical Engineer of Record such that the fill can be determined to be placed according to the city approved plans. 4. . The permittee and/or contractor shall provide surveyor staking information adequate for the City Inspector to determine horizontal and vertical locations relative to the approved city plans. The minimum required wood lath type stakes shall be placed at all proposed building corners, and they shall state the horizontal location relative to building corner and the elevation of the top of hub next to the lath. 5. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start of construction, a letter from any owners of the driveways/access ways that will be closed down due to the construction. The letter must be approved by the city and at minimum state from the owner the following: A. Approval of the construction B. Plan identification C. Time Frame of Closure D. Alternative Routes 6. The permittee shall be responsible for calling the city inspector to arrange the city inspector to observe random trench compaction testing performed by a city approved material testing firm. If the inspector's phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or the Associate Engineer at 777-7089 to determine the city inspector's phone number. The inspector shall determine the number and location of the test location/s. The above testing does not relieve the permittee's responsibility for future repairs due to settlement at and near the locations of the work area. Materials testing must be performed under direct supervision of a California Registered Civil Engineer. 7. The issuance of this permit and the City approval of the related construction improvement plans do not provide a vested entitlement for all design parameters that may have been utilized for the plans. As such, plans (The Dunes Retail Center Parcel 1, 2, & 3 SDP No. 2006-862 dated 12/15/06) used for this amended permit shall be "at risk" for further modifications as it relates to any follow up improvement plan requirements as required by the city or existing errors & omissions by the architect or engineer of record. AMENDED PERMIT NO.4600 DUNES BUSINESS AND RETAIL CENTER/ Precise Grading /PM 31143 8. The permittee shall not encroach upon private property without prior written approval (submit to the Public Works Department, attention to the Associate Engineer) of the private land owner whom is being encroached upon. 9. Prior to performing construction work and closing any lanes in the Public Right of Way, the permittee shall call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a preconstruction meeting with the City Inspection staff. 10. The City of La Quinta reserves the right to revoke, suspend or void this permit at anytime. 11. 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. 12. 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.