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5191' j ,. a��tAAtitTQr� OF ENCROACHMENT PERMIT PUBLIC WORKS CONSTRUCTION Finance Revenue Code EE=1 DEC 2 2006 ' Iffy or j,,., 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:November 22, 2006 LOCATION OF CONSTRUCTION (Street address or Description): Canyon Ridge TM 35060; Washington and Lake La Quinta Drive PURPOSE OF CONSTRUCTION: Clearing'and grubbing and PM10 DESCRIPTION OF CONSTRUCTION: Removal of existing improvemets per demo and PM10 plan DIMENSION OFINSTALLATION OR REMOVAL: 28.3 acres �a APPROXIMATE TIME WHEN WORK WILL BEGIN: December 1, 2006 TIME OF COMPLETION: February 1, 2006 ESTIMATED 'CONSTRUCTION COST: $262,653.00 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing permanent resurfacing and/or replacing improvements) COMMENTS: consiaeration 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 Quints and to pay for any additional replacement necessary as the result of this work. / Signature of pplicant or Agent WL Homes, Laing Luxury - Josh Welty 895 Dove Street Suite 200 Irvine CA 92660 (949)265 2400 (949) 355 9661 Name of Applicant (please print) Business Address Telephone No. Name of Contractor and Job Foreman TBD Contractor's License No Business Address City Business License No. Pending Pending Applicants Insurance Company Policy Number FEES: Subdivision Improvement Permit - Class III Minor Improvement Permit - Class IV Inspection Fee Permit Fee As -Built Deposit Cash Deposit -Surety Bond, if required TOTAL $7,880.00 $100.00 S $7,980.00 Telephone No. Public improvements: 3% of estimated construction costs Private improvements: 3% of estimated construction costs See attached schedule PERMIT NO.51 91 DATE APPROVED: />&-G zI, Zm0(� EXPI ION DATE: 06G - 2./ BY: J r AN et,Wig t/U1 4 Administrative Authority AyVeA PUBLIC WORKS DEPARTMENT 3, APPLICATION FOR PERMIT Date: Tract No: '35060 Project Name: Vicinity: c 1. • L Purpose of Construction (i.e.: Rough Grading, Offsite Street, etc.) if(2� t ►� L,rv�6 VI �p [Derpti-on -of Construction ­(i.e.: See Plan Set No. 01234) IDimension of Installation or Removal: Approximate Construction Start Date: l a 0 Approximate Construction Completion Date: 16ce Estimated Construction Cost: $ la(n a $ & S15 C-� . Estimated Construction Cost shall include the removal of all obs ctions, materials, and debris, back -filling; compaction and. placing permanent resurfacing and or replacing improvements Contact Name: • 9-C ��` Phone Number: 3S� QCoCz Name .of Applicant/Owner: (^} L_ i4o t- L) V,v Applicant Address: �� T:>o vC�5t3v e jr, �Z® 0 r V4 n e , 4 Applicant Telephone Number: `j!i! (Q ,t4co . Applicant E-mail Address: Name of Contractor: Contractor Address:. Contractor Telephone Number: Contractor State License Number: Contractor City Business License Number: Contractor E-mail Address: ► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED -4 )yplicant or Contractor General Liability Insurance Company: )plicant or Contractor General Liability Insurance Policy Number: Office Use Only: Office Use Only: Inspection Fee: —7 CO, Jv ( o Assigned Permit Number. [ t Q I Permit Fee: IQ(2. Approval Date: of As -Built Expiration Deposit: Date: Issue Dust Control Deposit: Date: Credit Amount: Administrative Authority: q4w j.- ITOTAL FEE DUE: C. 9� 0° -Do I L T:\Adnministrative Services Di rsion\Fonns\APPLICATION FOR PERM ITA, Proposal AAA Demolition, Inc. 780 N Euclid St., Suite 211 Anaheim, CA 92801 Phone # (714) 817-0011 Fax # (714) 817-0053 SUBMITTED TO: Laing Luxury Homes PROJECT 895 Dove St Suite 200 Irvine, CA 92612-7672 TELEPHONE_: (949) 265-8746 FAX: (949) 265-2498 Contractors License #763614 La Quinta Private Site Tract 35060 Site Demolition ATTN: Jeri Wipper This Agreement is between AAA Demolition, Inc. and Laing Luxury Homes for the lump sum for $262,653.00. Project to be completed in an estimated 18 working days based upon availability of site. Final payment within 20 days after completion with progress payments every 14 days based upon percentage completion of removal as agreed upon by both parties with no retention held for this project. Project includes: Removal of all site improvements including asphalt roads, concrete curbs, retaining walls, lamp post bases, electrical vaults and pads, water lines, sewer lines, storm drain lines, electrical lines, trees and bushes; leave the CAB base material located in the front parking lot areas for owner reuse; haul all other material off site for reuse or to a landfill; one mobilization. - Proposed Price: $262,653.00 General Conditions/Exclusions: Bid per plans; permits of any kind if required, water supplied by others, hazardous waste of any kind except as identified above, disconnect of utilities, excavation, grading, backfill, compaction, traffic control, removal of UST's, slab bid at 4", footings bid at 2'x2', underpinning/falsework excluded, fencing and identification or location of underground utilities by others, any caissons or pilings discovered are excluded, no retention to be held for this project, all layout will be performed by others/owner, temporary fencing and barricades by others, assumes that all trash will be removed from the site prior to AAA site demolition, no other work to be performed other than stated above. Union Labor, contributions and/or affiliations what so ever, content and finniture protection, removal, replacement or storage, prevailing wages, third party oversight is not part of this bid. Submitted By: Accepted By: Gary Goodemote (714) 817-0011 Signature: Print Name: Date of Submittal: October 27, 2006 Date of Acceptance: Visit Us on our Website: www.fntic.com Fidelity National Title Company 1300 Dove Street, Suite 310 • Newport Beach, CA 92660 949 622-5000 • FAX 949 477-3640 PRELIMINARY REPORT Title Officer: Martha Ramirez Title No.: 07-259902155-MR Locate No.: CAFNT0925-0925-0199-0259902155 Escrow No.: Tract Map 32397 TO: John Laing Luxury Homes 895 Dove Street, Suite 200 Newport Beach, CA 92660 ATTN: Ginny Kerr YOUR REFERENCE: Tract Map 32397 PROPERTY ADDRESS: La Quinta, California EFFECTIVE DATE: January 8, 2007, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: SHORT TERM RATE: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: WL Canyon Ridge Associates, LLC, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF RC\RC 01/17/2007 1 CLTA Preliminary Report Form (11/17/04) Title No. 07-259902155-MR Locate No. CAFNT0925-0925-0199-0259902155 LEGAL DESCRIPTION EXHIBIT "A" Proposed Tract Map 32397, Being a Subdivision of the following: Real property in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL 2 AS SHOWN ON LOT LINE ADJUSTMENT LLA NO. 98-295, RECORDED DECEMBER 21, 1998 AS INSTRUMENT NO.98-551719 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS: A PARCEL OF LAND LOCATED IN A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT. THE SOUTHEAST CORNER OF PARCEL 1 OF PARCEL MAP 15772 AS SHOWN ON MAP ON FILE IN BOOK 79 OF PARCEL MAPS, PAGES 58 AND 59, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 010 38' 37" WEST.A DISTANCE OF 395.53 FEET TO THE BEGINNING A TANGENT CURVE; THENCE SOUTH ALONG SAID CURVE CONCAVE TO THE EAST A RADIUS OF 14655 FEET THROUGH A CENTRAL ANGLE OF 10 25' 11" AN ARC LENGTH OF 363.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE A RADIUS OF 1644 FEET THROUGH A CENTRAL ANGLE OF 000 32' 59" AN ARC LENGTH OF 140.59 FEET; 1/10 THENCE SOUTH 000 19' 33" EAST A DISTANCE OF 1248.75 FEET; THENCE SOUTH 890 33' 54" WEST ALONG THE SOUTH LINE OF THE SOUTH ONE-HALF OF LOT 1 OF THE SOUTHWEST ONE -QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AS SHOWN ON OFFICIAL PLOT THEREOF, A DISTANCE OF 1252.32 FEET; THENCE NORTH 300. 51' 28" EAST A DISTANCE OF 146.49 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS -IS 200.00 FEET THROUGH A CENTRAL ANGLE OF 380 30' 32" AN ARC LENGTH OF 134.42 FEET; THENCE NORTH 69° 22' 00" EAST A DISTANCE OF 257.67 FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE NORTHERLY ALONG SAID CURVE CONCAVE TO THE WEST WHOSE RADIUS IS 100.00 FEET THROUGH A CENTRAL ANGLE OF 750 51' 38" AN ARC LENGTH OF 132.40 FEET; THENCE NORTH 060 29' 38" WEST A DISTANCE OF 652.79 FEET; THENCE NORTH 150 19' 06" WEST A DISTANCE OF 348.75 FEET; THENCE NORTH 890 31' 01" EAST A DISTANCE OF 929.45 FEET TO THE TRUE POINT OF BEGINNING. This report is preparatory to the issuance of a subdivision guarantee and it is intended solely for the use of those parties directly involved in the preparation and checking of said map,and is subject to change at any time. APN : 643-090-024-0 CLTA Preliminary Report Forth (11/17/04) Title No. 07-259902155-MR Locate No. CAFNT0925-0925-0199-0259902155 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2007-2008. 2. The lien of special tax for the following community facilities district, which is collected with the County taxes. District: Coachella Valley Mosquito and Rifa 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 4. Water rights, claims or title to water, whether or not disclosed by the public records. S. Rights of the public in and to that portion of the land lying within 48th Avenue and Washington Street. 6. Covenants, conditions and restrictions in the declaration of restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: January 16, 1941, Book 487, Page 441, of Official Records 7. The effect of a map purporting to show the land and other property, filed in Book 91, Page 81 of Record of Surveys. 8. An instrument entitled "Commercial Domestic Water and/or Sanitation Installation Agreement" recorded July 6, 2001 as Instrument/File No. 01-635832 of Official Records. Reference is made to said document for full particulars. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; In favor of: Verizon California, Inc. Purpose: Non-exclusive and right-of-way and incidental purposes Recorded: December 21, 2001, Instrument No. 01-635832, of Official Records Affects: A portion of the land, as more fully described therein CLTA Preliminary Report Form (11/17/04) ITEMS: (continued) Title No. 07-259902155-MR Locate No. CAFNT0925-0925-0199-0259902155 10. The rights, if any, of a city or special district, pursuant to Streets and Highways Code, to perfect a public easement in the street or highway as abandoned by instrument Recorded: February 19, 2002, Instrument No. 02-86953, of Official Records Street/Highway: Avenida Bermudas north of Calle Tampico, Calle Amigo near Avenue 52, Avenue 48 west of Washington Street Affects: A portion of the land, as more fully described therein 11. An instrument entitled "Development Agreement" recorded February 9, 2006 as Instrument/File No. 2006-0100178 of Official Records. Reference is made to said document for full particulars. 12. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $27,750,000.00 Dated: February 6, 2006 Trustor: WL Canyon Ridge Associates, LLC, a Delaware Limited Liability Company Trustee: First American Title Company Beneficiary: KeyBank, National Association Loan No.: None Shown Recorded: February 9, 2006, Instrument No. 2006-0100179, of Official Records 13. A financing statement filed in the Office of the County Recorder, showing Debtor: WL Canyon Ridge Associates, LLC Secured Party: KeyBank, National Association Date: None Shown Recorded: February 9, 2006, Instrument No. 2006-0100180, of Official Records 14. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. 15. Any facts, rights, interests or claims which a correct survey would disclose and which are not disclosed by the public records. 16. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the surface of said land. 4 CLTA Preliminary Report Form (11/17/04) ITEMS: (continued) Title No. 07-259902155-MR Locate No.CAFNT0925-0925-0199-0259902155 17. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 18. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance. For the purpose of policy issuance, no items may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as insurer. END OF ITEMS Note 1. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 2. Wiring instructions for Fidelity National title Company, Corona, CA, are as follows: Receiving Bank: Union Bank of California (800)849-6466 Irvine, CA 92614 ABA Routing No.: 122000496 Credit Account Name: Fidelity National title Company - Builder Services Payoff/Admin 1315 Corona Pointe Court, Corona, CA 92879 Credit Account No.: 9100586700 Reference No.: 07-259902155 These wiring instructions are for this specific transaction involving the Title Department of the Newport Beach office of Fidelity National Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. END OF NOTES CLTA Preliminary Report Form (11/17/04) o � V I p c O I I I � .� t; I Ile r-- - - - - -- I ease .°.., o— I I I I crU Rzo VRl 09Us @b N m P- w6aP w ' O I P-t °oo —A� T —� ' I —------ ASHWCTON tarn ST. W7A acr J L V rn VIAFlRENZE LOT RAY 1/ MOMANA I U f I1U ORIMTO , ! � BgV�,NA B e N v Z 1 VIA NICE T I E VIA rOBG V $ rW j ca:8 NAJARDIN — O 52 F' OT VIA MONTIGO N VU 4,0 VU,1^.nBq L 75 I R N z` VIA TRIESTEzi orr o oc N VIAMn.—. 1 w._ O .O ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvemens on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Dale • the taking happened prior to the Policy Date and is binding on you ifyou bought the land without knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attomeys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which arenotshown by the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 4. Airy water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIF, ORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of. l . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice oft he exercise thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Compan by the insured claimant Prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date Of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE, This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: PART 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts wh ch a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Attachment One (11/17/04) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage o£this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of.- 1 . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibitingorrelatingto (i) the occupancy, use, or enjo}mtent ofthe land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, or the eeect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the instred claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority ofthe lien ofthe insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability ofthe lien ofthe insured mortgage because ofthe inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws ofthe state in which the land is situated. 5. Invalidity or unenforceability of the lien ofthe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien ofthe insured mortgage) arisingfrom an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out ofthe transaction creating the interest ofthe mortgagee insured by this policy, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' fights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination ofthe interest ofthe insured mortgagee as a result ofthe application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which anse by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dissensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has v�uccurted ,sot, to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this poll by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors' ri is laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above ALTA policy forms, dated 10-17-92, may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authorittyy that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsudt proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records, 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether ornot the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11/17/04) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE' (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning C. Land use d. improvements on Land c. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with aP licable building codes. This Exclusion does not apply to violations of building codes notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; C. that result in no loss to You; or d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owners Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1_00% of Policy Amount $ 10,000.00 or $ 2,500.00 (whichever is less) Covered Risk 15: 1_00% of Policy Amount $ 25,000.00 or $ 5 000 00 (whichever is less) Covered Risk 16: 1.00% of Pol icy Amount or $ 25,000 00 $ 5A0.00 (whichever is less) Covered Risk 18: 0000% of Policy Amount or $ 5A00.00 $ 2.500.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyyment of the Land; (u) the character, dimensions or location ofany improvements now nr hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 ofthis policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Clamant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability, of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and everyadvancemade after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (11/17/04) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Effective through November 1, 2014 Fidelity National Title Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may;find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Fidelity National Title Group, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, FL 32204 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (privacy) (11/05) Fidelity rational Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter.setforth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid Policy or Policies are set forth in Attachment One. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of'Title Insurance which establish a Deductible Amount and aMaximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose offaeilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be poliey(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant toprovideyou with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered It is important to note that thispreliminary report is-nota written representation as to the condition oftitle and may not list all liens, defects and encumbrances affecting title to the land f �Fideli National Tifle: Company By :SEAL g ' Pro„ab ATTEST Countersigned CLTA Preliminary Report Form (11/17/04) q,S 3 City of La Quinta 14 The following General and Special Provisions are attached to and made'a part of Permit Number 5191 The following shall always apply: ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work. TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving during excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If the existing pavement is scarred, spatted, 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 (W) 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 Yz") 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 4 . ® R11 COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La Quinta forces to preclude delay or interference with State or City of La Quinta projects. ® R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines when included shall be completely tied out so they may be readily and correctly, replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to these monuments shall be 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 (5) lifts where trenches are of excessive depths. Care is to be exercised that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuos. ❑ R18 COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one - thousand (1000') feet and a maximum of one (1) test on each road. One (1) copy of each test shall be forwarded tot the City Engineer for approval 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 (" N/A ") days after completion of temporary road repair. ❑ R22 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the City Engineer. ® R23 STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon completion of permanent repairs. ❑ R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished by'a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location. Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate signs, flagmen and or barricades shall be provided to protect the traveling public at all times. Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California, dated, January 1973. PERMIT NO.5191 Canyon Ridge / Clear and Grub / Tract No. 35060 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. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the actual work performed. 3. WL Homes, hereinafter referred to as "Permittee", shall be responsible for providing continuous dust and erosion control. 4. The permittee shall be responsible for fugitive dust control as outlined in the approved dust control plan and the following: a. During Import/Export 1. A valid grading permit shall be active at both the import and export sites 2. The soil at the import or export location shall be premoistened to a minimum of 70% of optimum moisture based on ASTM D 1557 prior to transporting material on the public right of way. 3. All trucks shall be covered and have a minimum of 6" freeboard prior to hauling. 4. Street cleaning shall occur at both import and export sites and both sites must obtain a city approved trackout system. b. Storage and Stockpile Handling 1. Wind Sheltering a. Install PM10 fencing on 3 sides of pile equal to height of pile. b. Coverings can be used on small piles and they must be secured 1 Stockpile Stabilization Methods a. Continous watering by truck or sprinklers or b. Chemical stabilization with continuous monitoring 3. Material Handling a. Confine load in/out to downwind side of pile b. Piles greater than 8ft in height must be a minimum of 100 ft. away .from occupied buildings. 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. Special Conditions Page 1 of 4 PERMIT NO.5191 Canyon Ridge / Clear and Grub / Tract No. 35060 Saturday 8:00 a.m. to 5:00 p.m. May 1st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m. Saturday 8:00 a.m. to 5:00 p.m. Work shall be prohibited on legal holidays and Sundays. Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial street (ie any 4 lane street) before 8:00 a.m. 7. 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. 8. Any land on which Williamson Act contracts apply shall remain undisturbed. 9. Pursuant to Section 14.16.250 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), advance warning signs and traffic control shall be installed and maintained in accordance with Cal Trans Standards or the Work Area Traffic Control Handbook (WATCH Manual). A traffic control plan shall be prepared in accordance with the WATCH Manual and submitted to the City for review and approval one (1) week prior to starting any construction. It shall be the Permittee's responsibility to appropriately detour and barricade all construction sites. Pursuant to Section 14.16.290 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), street closures shall not be permitted. A minimum of two (2) travel lanes of paved surface shall be maintained at all times. 10. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 1-800-422- 4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated excavation which impact City facilities, including but not limited to traffic signal conduits and loops, irrigation lines, electrical conduits, and storm drain facilities. 11. Should additional work, materials, or modifications of the work be required in order to meet City standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be performed by the Perinittee as directed by and to the satisfaction of the City Engineer at no cost to the City of La Quinta. 12. 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. Special Conditions Page 2 of 4 PERMIT NO.5191 Canyon Ridge / Clear and Grub / Tract No. 35060 13. 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 14. The permittee shall not encroach upon private property without prior written approval (submit to the Public Works Department, attention to the Assistant Engineer I) of the private land owner whom is being encroached upon. 15. 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. 16. The permittee shall haul all offsite debris to a certified landfill. Prior to hauling debris, the permittee shall inform the City (Inspection staff or 777-7047) of the name and location of the certified dump site. 17. 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 cottract must be submitted to the Public Works Department and attention this to the Assistant Engineer I. If the archaeologist determines the site note to be required to be observed, please submit a letter signed by the archaeologist stating their determination. 18. If public traffic lanes are required to be closed, this permit is riot 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. 19. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), backfill compaction within street rights -of -way shall conform with Section 306-1.3 of the latest edition of the Standard Specifications For Public Works Construction (SSPWC), except as otherwise specified herein. Native material may be used as backfill material provided that minimum compaction, achieved in the manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water densified compaction via jetting or flooding or other means shall be allowed.. It shall be the Permittee's responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all times during backfill operations. This permit is for clear and grub only. No excavation is permitted. 20. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its original condition. 21. Access and. egress to all local properties shall be maintained at all times. Special Conditions Page 3 of 4 PERMIT NO.5191 Canyon Ridge / Clear and Grub / Tract No. 35060 22. 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: Asphalt work of any kind is not permitted. 23. 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. 24. 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. 25. The City of La Quinta reserves the right to revoke, suspend or void this permit at any time. . 26. 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. 27. 1 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. Special Conditions Page 4 of 4 I � B NO SCALE s - 1/' vd 1.�.- � 1 � CT a v'0` �� ��- C, ✓ WASHINGTON ST. 1 b Q �iba�ocxyca�oc,ra�Qaoco��.oac �c+c�q =YPC4O000 00. 3O4S��:' a CiPadPp QCOC RS�PQO@QPOPP P+�+P QQO47P 7 rQOo daOOC+000C7 .�P OC ppo0•Cy,�o--jjl�' {�'�\.(�p'/f ��. I Q R-1 5 „ Ila "L /��---,Pv CJiOodda 0 0 Cr30 oC � c}i7Go O4QA000dc oP Gc70 A� O "G��OOC�Q 7��GOL�C�C70406004yP a appOG OC7QOOPoc�QG7d�-oo6000��.t7�CX7QO GOOC7400Pc�adC 4'P CJ� �004P='�Q AqQ O.Oc7QO00OP Pac_ - 000d,00c v�o67o 00 OGQO' +aoQ odvocl�aOc�o tMOAD W � Q ` oaox000 goo coca , ar a ooaa< 7dpOQ QGP OP P0006+�C'Q^--a QOCY.�. QQPPPdi V,G�i�QGOoodoC o,�1�00004�700000OCOGC�,_.�.t\ OOC�C7 Cj07 500 FTC �. ` 500 FT' - 20 FT 500 FT . �� 35 60 AD, ` PROJECT W81(CA) RUCKS,, ENTRANCE RS., ON>,, NTERING6' •ENTERINGB 'EXITING''EXITING THIS DISTANCE IS ' w SHORT TO PROVIDE 0 WARNING FOR TRAFFIC 'COMING ON TO WASHINGTON HERE. 1. ALL TRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH THE 2006 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M.U.T.C.D.). 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETY AND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA REPRESENTATIVE. 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL PLANS. 4. THIS PLAN IS FOR LOW VOLUME OF ENTRY & EXIT TRAFFIC INTO THE SITE. SEE OPTION # 2 FOR HIGH VOLUME DAYS SUCH AS DIRT HAULS, CONCRETE POURS, ETC. 5. ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED AT ALL TIMES. 6. THIS TRAFFIC CONTROL SHOULD BE LEFT IN PLACE 24 HOURS A DAY FOR DURATION OF THE PROJECT. Ll PROJECT ENTRANCE ROAD WDRK OPTION # 1 FOR LOW VOLUME OF CONST. TRAFFIC 55 Construction Traffic Entrance & Exiting Traffic prime c wftctor Tmft canna colmeaa Laing Luxury Homes Tops N Barricades, Inc. phm prepared By Based an SbrrdaM (800)852-TOPS Ron Fifield N/A Date 1 of 2 12/29/06 Pending Approval i 7SCALE WASHINGTON ST. 00 �00 oa Qa4oGdo0 P oo oov.a6q d4Q�C•gQ O0�4�^� ��Q�G7 r-'?p C�C7I��OdPC7o 500 FT O PJ OO O�C4�. o 600 FT SEE SHEET2A FOR o FLAGG R 3 LU a ate= INSTRUCTIONS R4 c' Q} s ROAD WORK � � Y 0000aooev�� ' ��qC ooO �0009� i aO d���� JOQG7 o4G Ada 4P49�- �4C7�'�o JOG�G'OV OP �O�Q O'OC PGp�C G7 —59 nn ooc0000 ENTRANCE goao s o (AJf, LO - o a, �� 0 400 oa cc. 0 0o c 1� o Wig, Go Q ROAD > AMEAOLU WORK a 4 500 FT d _ v o0000000o aa� aooa oo �r��r_�_,, 00 V� c,ap oao�o oonna�n�ooa�oc�oc7Qo C 500 FT w"HEA""n V • \ L� Y6if6F M(CA) &/ THIS DISTANCE IS \/ SHORT TO PROVIDE WARNING FOR TRAFFIC SEE NOTE 7MM COMING ON TO WASHINGTON HERE. 1. ALL TRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH THE 2006 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M.U.T.C.D.). 2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETY AND TRAFFIC FLOW IF DEEMED NECESSARY BY CITY OF LA QUINTA REPRESENTATIVE. 3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS) AND MAINTAIN SAME IN ACCORDANCE WITH TRAFFIC CONTROL PLANS. 4. THIS PLAN IS FOR HIGH VOLUME DAYS SUCH AS DIRT HAULS, CONCRETE POURS, ETC. SEE OPTION # 2 FOR LOW VOLUME OF ENTRY & EXIT TRAFFIC INTO THE SITE. 5. ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED AT ALL TIMES. 6. THIS TRAFFIC CONTROL SHOULD BE IN PLACE DURING WORK HOURS ONLY AND SIGNS REMOVED AT END OF DAY. 7. A CHANGEABLE MESSAGE SIGN (CMS) SHALL BE PLACE AT LEAST 48 HOURS IN ADVANCE OF HIGH VOLUME DAYS. CMS TO SAY "MAJOR CONST. AHEAD, EXPECT DELAYS, USE ALTERNATE ROUTE, DATE TO DATE XX AM TO XX PM." PROJECT ENTRANCE ROAD WORK ca o G'da' � ao 0 OPTION # 2 FOR HIGH VOLUME OF CONST. TRAFFIC q-ved By oats bpew UR 55 Construction Traffic Entrance & Exiting Traffic P&M Conaeatsr Mama conga Cwft of Laing Luxury Homes Tops N Barricades, Inc. Ph= P"pamd By Based an smn= (800)852-TOPS Ron Fifield N/A 2 of 2 12/29/06 Pending Approval Flagger Requirements A. Minimum Requirements 1. Receive and communicate specific instructions clearly, firmly, and court, 2. Move & maneuver quickly; 3. Provide clear and positive guidance; 4. Understand and apply safe traffic control practices; 5. Recognize dangerous traffic situations in sufficient time to avoid injury. B. Flagger Safety Apparel 1. Background a. Fluorescent orange -red, or b. Fluorescent yellow -green 2. Retroreflective material (Orange, yellow, white, silver, yellow -green, or fluorescent version. 3. Material shall be visible at 1000 ft 4. Apparel. shalf be designed to identify the wearer as a person 5. Law enforcement personnel should adhere to the same standard C. Hand -Signaling Devices 1. Stop/Slow paddle octagonal in shape with minimum 18" width and 5" letters. have white legend on red background. D. Directing Traffic . 1. Only three (3) signals are required. STOP SLOW 1. Flagger Communications . 1. If work area is too long for relay (2 flaggers can't see each other) a. One flagger given the responsibility to coordinate b. Use Radios or c. Field phones F. Flagger warning signs must be removed or covered when flagging is finished, when work is not going to start immediately, or when work is completed.