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05-3345 (BLCK)I I P.O. BOX 1504 VOICE 760 777-7012 78-495 CALLE TAMPICO FAX (760) 777-7011 LA QUINTA; CALIFORNIA 92253 BUILDING & SAFETY DEPARTMENT INSPECTIONS (760) 777-7153 BUILDING PERMIT Date: 8/02/05 Application Number:�0'5=00003345� Owner: Property Address: 5753.9�S'ANTA ROSA TR SANTA ROSA .DEV APN: 762-240-013-16 -30487 - 40847 SANDPIPER CT Application description: WALL/FENCE PALM DESERT, CA 92260 Property Zoning: LOW DENSITY RESIDENTIAL a Application valuation: 2750 D LrV AUG 0 4 2005. Contractor: Applicant: Architect,or Engineer: CASA VERDE LANDSCAPE MAINT COR 78341 DARBY ROAD CITY OF LA QUINTA ' BERMUDA DUNES, CA 92201--0. FIPIANC��EPT. (760)320-8755 - '!�.' Lic. No. x.624647 LICENSED.00NTRACTOWS DECLARATION .I hereby affirm undeYpenalty of perjury -that `I'am licensed under; provisions of Chapter 9 (commencing with Section:7000) of Division 3 of the Business and ProfessionalaCotle, and my;6cense.is in full force and effect. License Cies C 27 n License No#$ /624647' 1 tea �� r � ntractor: ' 'OWNER -BUILDERS DECLARATION I hereby affirm under penalty of perjury that I am exempt from. the Coritractor's State License Law for.the, - following reason'(Sec: 7031.5; Business and Pr'ofessio'ns Code: Any city or county that requires a.perinit to construct,.alter, improve demolish,'or repair anystructure : prior its issuance also requiresTthe applicant for the statement that he permit to -file a signed s,orshe islicensed pursuant to the provi'sions'of the Contractor's State License Law (Chapter 9 (commencing with ISeciion 7000) of Division 3 of the Business and Professions Code),or that he or she is exempt therefrom and. the basis for -the alleged exemptions ?Any violation of'Seciion 7031.5 by any applicant fora permitsubjects th'eapplicant to.a,civil penalty. of'not more than five hundred dollars ($500).: (_ 1 1, as owner of the:property;�or my employees with wages°as theii'sole compensation„will;do the work; and the structure isnot intended,or offered for sale -(Sec. 7044 Business and Professions Code: The Contractors; State.Licen3e Law does'riot apply to.an-owner of property wh6.b6ilds or_improyes'the_reon, and who does the work himself or herself.through.his-or her'own employeesi'piowded-that thee' 'improvemeiitsamnot intended or offered forsale. If, however, the building, or, improvement is sold within one year of _completion, the owner -builder will have the burden of proving that.he or she did not build or, improve forthe purpose of sale.).' 1—) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business-and:Professions Code> The Contractors'.State License'Law does not apply to an owner of property,whobuilds or improves thereon, and who contracts for the projects with contractor(s) licensed pursuant to the Contractors' State License.Law.). (_ ) I am exempt under Sec. B.&P.C. for this reason.,' Date: Owner: - - - CONSTRUCTION LENDING AGENCY- ' I hereby -affirm under penalty of perjury that there is a construction lending agency for the.performance of the work for which this permit is issued (Sec. 3097, Civ. ,C.). Lender's Name: IK�” Lender's Address: �.1 LQPERNUT WORKER'S COMPENSATION DECLARATION _ I hereby affirm under penalty of perjury one�of the following declarations: _ I'have and will maintain a. certificate of consent:toself-insure for workers' compensation, as provided : for by Section 3700.of the Labor Code. i& the performance of the work for which this permit is issued. -S:i.. `•,.` A�e and will maintam,workers'. compensation insurance, as required by _Section 3700 of the Labor-' Code for thelperfoimance of.the work forwhich_.this permit is issued. My workers' compensation ;insurance carrier and policy number are: Carrier GRANITE. " Policy;Number 9549987 I certify that, in -the performance of the'woik for which this permit is issued, I shall not, employ any person in. any manner so as to become subject to the workers' compensation. laws. of California, and agree that, if I should become subject to the workers' compensation provisions of Section `-0 of the 6borCode, I shall forthwith comp) with those provisions. ate. plicant: 3At:_f r, P WARNING.` FAILURE TO SECURE. WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT"ANEMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLAR (5100,000).. IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN .. SECTION 3706`60THE LABOR_CODE} INTEREST, AND ATTORNEY'S. FEES. APPLICANT ACKNOWLEDGEMENT IMPORTANT Application is hereby made to the Director of Building and,Safety for a permit subject to the conditions and restrictions set forth on this application. 1. Each person upon whose behalf this application is made, each person at whose request and for whose benefit work is performed under or pursuant to any permit issued as a result of this application, the owner, and the applicant, each agrees .to, and shall defend, indemnify and hold harmless the City of La Quinta, its officers, agents and employees for any actor omission related to the work being performed under or following issuance.of this permit. 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180.days•from date of issuance of such permit, or cessation of work for 180.days will subject permit to cancellation. 1 certify that I have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives of this county to en er upon the above-mentioned propert eoinspection purp �� 9/ ate: ignature (Applicant or Agent): LQPERMPf Application Number . . . . . 05-00003345 Permit . . . WALL/FENCE PERMIT Additional desc . . Permit Fee . . . . 54.00 Plan Check Fee .00 Issue Date . . . . Valuation . . . . 2750 Expiration Date . . 1/29/06 Qty Unit Charge Per Extension BASE FEE 45.00 1.00 9.0000 THOU BLDG 2,001-25,000 9.00 ---------------------------------------------------------------------------- Special Notes and Comments 110 L.F. 6' GARDEN WALL,.CITY STANDARD Fee summary ----------------- Charged -------------------- Paid Credited ---------- Due Permit Fee Total 54.00 .00 ---------- .00 54.00 Plan Check Total .00 .00 .00 .00. Grand Total 54.00 .00 .00 54.00 Permit # Project Address: AD—SVi SAAAA A. P. Number: City; of La Quin to Building 8F Safety Division . P.O. Box 1504, 78-495 Calle Tampico La. Quinta, CA 92253 - (760) 777-7012 Building Permit Application and Tracking Sheet Pv&A 7V i L Owner's Name: Tat L Address:.X Legal Description: City. ST. Zip: >< Cn312_t AJt'h4s Telephone: 766 6 _ Project Description: X���� 6' ��I/e/� ' �� ., 1 �, - c�/ HO LA) Contractor: X S� N1&ClJT E= Address: _3(� ( �� City. ST. Zip:)( 14 3 i Telephone:. hone: P — 3S 7 S State Lic. # : K CaCl,`C/7 Citv Lie. #: '� i 1a• Arch.. Engr.. Designer: Address: City. ST, Zip: Telephone: hone: Co SINC ant •'on Type: OccuP State ic. #• Pn r Project t>Pe (circleon)NeAdd'n Alter Repair Demo mo Name of Contact Person:L�� Sq. Ft. # Stories: #Units: Estimated Value orProject: x Telephone # of Contact Person: 7(�} Q�'�dW APPLICANT: DO NOT WRITE BELOW THIS LINE # Submittal Itcq'd Rec'd TRACKING PER1111T FEES Plan Sets Plan Check submitted' Item Amount Structural Cnlcs. Reviewed. ready for corrections flan Check Deposit Truss Cafes. Called Contact Person Plan Check Balance Title 24 Cities. flans picked up Construction Flood plain plan flans resubmitted Mechanical Grading plan 2"" Review. ready for corrections/issue Electrical Subcontactor List Called Contact Person Plumbing Grant Deed Plans picked up 5.111:1. H.O.A. Approval flans resubmitted Grading IN HOUSE:- ''' Review, ready for corrections/issue Developer Impact Fee Planning Approval Called Contact Person A.I.P.P. Pub. Wks. Appr Date of permit issue School Fees Total Permit Fees 5 4 101�011 I<. pot- I CAC: 0 iT. cn MM *,,I 0 Z) 4 S_UBC014'T"tT'0`R­'A0,', JIEEMENT This agreement is -,hereby madebetween Contractor: :Gr6yhawk INC. a Ca lifprn6. corporation ("Greyhawk") and Subcontractor Ca"s'a'-Ver'de Lan8sdapkoAitiruction. this. 19th*�da'y of May, 2005,� for the f.oiio*wing�'s'erv.'i'c'es:.L'a-"n6's�capin'g, Wills. and Swimming Pools. -Project name: SANTA, ROSA TRAILS Address: Avenue' 66,XL6 buinta"California Subcontractor Fe,d10ra1JD*:*,On File Subcontractor license number: On File Subcontractors Irlsbrance-Compan ' yi'On File Policy #: On; File Amount of insurance On rile Subcontractor's .'. Workman.'s Co"m''p"Company*06 File Policy* On File, DESCRIPTION OFWORK,,TO,BE PERFORMED: S contr' ub actor agrees to'* "o all 1613�i, materials, skill and instrumentalities, and perform all of the work for the Landscaping -,„-and'Walls portion of -,20"9'22,tonstruction Work, at per the Casa Verde's 6 it � attached Ji6iko and made 7 a pak hei6of, and the a. approved, plans ,anb.'�sp,66ific-ati6n's;?a"s',-,shown bi,th'ed-raWing(s)-and--.describea'in the d'-,6y.Ahe',OWh'er, by`the identified specifications -.p`repa�ed - and � provide fi, -the., signatures of the parties 46 this form apart of this or m"aparti6fthis agreement; "all o"i”which..are attached hereto and made apart tTereof., CONDITIONS:. 1. Code Compliance: All work shall comply with applicable Mate,',county and city 'ordinances And the current editidn'6f.ttieiUnifdrm,B'uilding Code., 2. Approved Plans and Specification Compliance: Aii,work shall 11 conform to the. plans an . d specifications as approved bytheowriiie and'the City. 3. Substitution: No su&sti tilions-shall'be'mai.di without the 0wher's prior written- approval. 4. Intention: The intention of,the documents is,to include,all labor; materials, equipment and. transportation necessary for r co . mplete"and proper execution of the work. 5. insurance: Each and ,every, s . ubcontractor.,perfdrm'i n' �.or�proviqingi services and/or materials for this ."g'.wo . upon ea; prilouto' of work,aridhir i�nrkisfitA0abor.!k� contemplated„iiiiprovemeni are,requina rii6riceiiiienf and materials, to p'6rcl4a'se and maintain in f6rc6,.-,WorkMah's:Comt)ehs6ti6n�lnsueahbdi'6hd 'All r Risk” ty6e oi in'inaM60 and material ian name owner, 5AN IA KUZSA.1 KAILZi. LLU, a _.`dlifo'-­'­_­ t.'r i... a mia' m6ial,�cbfitradtor, and , corpora ion, as g! � _ , , mal insureds, :and eacKbf,which'061icy &-policies shall be of e work being performed ind/oirthe labor, services, than $1,000,000. with all risk lia-bikipokof y , not leis� 0 6. 8cwe; Subconfrador.shall -fumish all tabor; *equipment,m is nd.perforin,all work necessary, indicated atena a or required : d by any-6od h di' Work f& a complete and reasonably inferred !kwit juris iction to corriplete their scope o f ". proper finished job. Up' less: olt"herwige ipec&di� all � 'materials shall be'newand 9 good, uality. In the prosecution'of-the worV�'the-S6bco'ntia 66i shall employ a sufficient number of workersskilledin their trades to suitably peiform the work. 7. Availability Tlie Oarti6s,agre6:,ihat time is of.the essence of this Subcontract Agreement, and that it shall be the Subcdritractor's o�bli6 , ation 6 s �bejin theubc6riti'. dt . work as soon -as th e project upon which the work is to be done is*ie6dy'fdr,ivai:w'-oik.�rF6r,each8'db6"ireict8*esoha�, of building,..iiit6,Subcontractor given seven i'A tb,haVe,tUfficii§nt-v;orkers-a-v'aiiibl'e, to begin and continue -by 61RE� '?i-wo rk 11 days n ot i� t hr04 com j gh pletion 0 eachphase f SubcontractoSubcontractor agre6i-tio' domplete*ea'ch phase, of each building, within seven S66coritiactor commencing .that that phase 8. Lines and Levels: As appficable,.,the Subco6tra.6tor" shall tie res" for . the, . ac*c'uracyof the building;lines responsible and l6els.: The Subcontractor shall, compare 'npafe carefully: the- lines and' eve.1s,shown,on,the drawings with existing levels for -the ldcaiio''6'd 'h.*�:c�-oii�tru,�ion"O*f the work -and shall call the Architect'sl6ttention to any disdreparicies beforp'pr6ceeding with: the work. Page 1, Greyha�,� Subbontractor C�g ter: Cutting and Patching`. All trades shall do their own:cutting,'frtting,.patching, etc., to make the several parts come together properly and fit it to receive or be: received by work of other trades. 10. Clean-up: Subcontractor.agrees to clean up.and remove all debris arising out of the Performance of ifs work and to leave the.premises.is a broom swept raked or graded clean condition. All trades shall, at all times, keep the premises free from accumulation of waste materials orrubbish caused by their work. At the completion of each stage the work subcontractor to remove all rubbish, tools; scaffolding, surplus materials and leave the job in a broom clean•condition. ALL SUBCONTRACTORS SHALL PICKUP AND'DISPOSE OF THEIR OWN TRASH ON A.DAILY BASIS, INCLUDING: LUNCH' TRASH. No eating shall be,allowed inside the houses. If shelter is needed; the Subcontractors mayateinside the garages. The"Jobsite will;have designated trash areas/ bins. All bones; cartons; etc. musttie tiroken downand placed m receptacle�provii: d onsite by said Subcontractor. Failure of Subcontractor to,pick up and dispose of their own"trash will resuk�a minimum $250 back -charge to Subcontractor. All trades will.clean up and sweep construction and.lunch trash DAILY. 11. Drugs. & Alcoholic beverages will not be tolerated on the, job at any timel 12. Inspections: All inspections for work completed in accordance with the Contract and Agreement are to be scheduled by the Subcontractor,. and Subcontractor shaQ:have a. representative on the jobsite to meet directly with the City inspectors. Failure to comply will resuft in a $500 back-char'ge to the Subcontractor. 13.Vehicles: If Subcontractors vehicle does not contain any.tools pertaining to said work, vehicle into be parked offsite: No cars will be allowed.on the:job site at any time -Only work trucks needed'to expedite said Subcontractors trade will be allowed. All Subcontractors shall.comply,wfth posted job speed limit within the job site at all times. 14. Access to.Work: The Owner, Owners representative, Greyhawk, and public authorities shall at.all times have access to:the work. 15. Changes: All,.changes and, deviations in the work ordered by the Owner.and/or Greyhawk, must be in writing,and the contract'sum amount, being increased or. decreased agreed upon, in writing, by by the Subcontractor and Greyhawk, or Owner before proceeding with the ordered change or revision. 16. Problem Notification: Greyhawk's Superintendent, is to be. notified immediately -of any problems on the job. 17. Work Defects: The Subcontractor agrees to re-execute•any.work which does not,conform to the drawings and specifications, warrants the work performed, and agrees to,remedy any defects' resulting frcim faulty materials or workmanship which shall become evident dunng a period of one year after completion of the work. 18. Other Trades Work` Subcontractor shall always �take'special;care and•caution not to damage any other trade's work. If another tradesman's work is in the Hiay of Subcontractorhereln,1 is the•responsibUity of the Subcontractor herein to: bring the`problem.dire ,Ui'to the.General Contractor's attention. in the.event another Subcontractor's work is damaged, the Owner and/or;General Contracfor reserves the right to charge this Subcontractor cost plus overhead at the rate.of 1.511 ' of the baric -charge. 19. Failure to Report: Subcontractor's failure to promptly, report -in writing . to Gieyhawk or Owner any alleged defects in any work performed by others in, on or adjacentto.the area in which Subcontractor is to perform it's work will be deemed acknowledgement by Subcontractor: that such work is fit and properifoi the reception, attachment; or covering by Subcontractor; and,thereafter no alleged defects in such work by others may be asserted by Subcontractor to justify it's failure: tope'rform. 20. Safety: Precautions shall be used at all times for the standards set forth by Cal OSHA for this type of Subcontractor's work, as detailed in. attached Injury and Illness Prevention Program. 21. Risk: All work covered by the subcontract agreement done at the site of construction; or in preparing or delivering. materiats.or, equipment, or any or`all of them 1: and from the site ;shall be at the sole risk of Subcontractor, exclusively. Tdthe fullest extent permittedbylaw; Subcontractor shall, with respect to all work which is covered -by o1 incidental to this,Subcontractor,Agreerrient, indemnify; holdharmless and defend Contractor Owner and'Lendei'from and•agarnsfanyand all'allegafions, losses, claims,.actions, demands, damages, liabilities' or expenses (including costs; expenses and attorney'sfees), arising from, or related to the death, bodily injury to persons, injuryto. property, design defects originated by subcontractor, or other loss damage or expense. Subcontractors duty to indemnify shall include all damages cause'or alleged'to be caused in whole or in part'by any'negtigent act or omission, ,whether active or passive of: (a)" Subcontractor (b) anyone directly or indirectly e' mpioyed by subcontractor, or (c) anyone for .whose acts subcontractor may be liable. 22. Disputes:. Subcontractor agrees that in the event a dispute should occur between subcontractors as to has the responsibility.fo perform a particular item or ftems of work, or to repair damage to any particular item of work, the final and absolute determination shall be made by Greyhawk and Owner and Subcontractor shall abide by ge2 GreyhawkVPa. .ubcontractor ( . that determination and shall perform such items of work when they have been determined to be within the terms of this Subcontract agreement. 23. No Implied Approval: It is understood and" agreed that that no payment to, or on account of Subcontractor shall constitute an acceptance or approval,of any labor or material performed or furnished by Subcontractor, nor shall any filing of any notice of completion; or occupancy "of the building in whole or in part constitute an acceptance or -approval by the Greyhawk, in whole or in part constitute a waiver of any claims by Greyhawk against Subcontractor. 24. Claims against Subcontractor. Should Greyhawk or Owner receive notification of any claims made against Subcontractor arising out of labor or material furnished on the project, on account of any act or failure to act by Subcontractor in the performance of this Subcontractor Agreement, or otherwise, Greyhawk, or Owner, may, at it's discretion, withhold any amounts otherwise due, or to.become due hereunder, to cover said claims and any costs of expenses arising, or to arise, in connection therewith pending legal settlement of such claims. 25. Payment Application Withholding: Greyhawk; or Owner, may reduce, reject or Withhold a Subcontractor payment application, or nullify a previously approved Subcontractor payment application, in whole or in part, as may reasonably necessaryto protect Greyhawk , or Owner; from loss or damage based upon: (a) Subcontractor's failure to perform work as required by the Subcontractor Agreement; (b) Loss or damage to owner, Greyhawk or others to whom Greyhawk maybe liable arising out of, or relating to -the Subcontractor Agreement and caused by Subcontractor, or its lower tier subcontractors or suppliers; (c) Subcontractor" failure to properly pay for labor, materials, equipment or supplies furnished in connection with its work; (d) Rejected, nonconforming or defective work which has not been,corrected; (e) Reasonable evidence of delay in performance of Subcontractor's work that such work.will riot be completed within the time allotted by the updated progress schedule, and that the unpaid balance of the Subcontract Agreement price is not sufficient to offset the liquidated damages, or actual damages that maybe sustained by Greyhawk as a,result of the . anticipated. delay caused by Subcontractor; (f) Reasonable evidence demonstrating that the unpaid. balance of the Subcontractor Agreement price is insufficient to cover the cost tocomplete Subcontractor's work; (g) Thins party claims against Subcontractor, or reasonable evidence demonstrating that third party claims are likely to be filed; (h) Any other failure to comply with the terms and conditions of the Subcontract Agreement. When the above reasons for disapproving or nullifying an application are removed, payment will be made for amounts previously withheld. 26. Drawing Inspection: Before commencing any portion of the work, Subcontractor shall examine all contract drawings. Subcontractor shall promptly notify Greyhawk, or owner, in writing, of any perceived or alleged inconsistencies, conflicts.w6 any, other structures, ambiguity, lack of detail, or explanation in the drawings. Should Subcontractor proceed with work which it knows, "or should know have known, subsequent to examining the contract drawings, to be in error, inconsistent, ambiguous, or not sufficiently detailed, or explained, Subcontractor shall bear all cost arising from said work, including, but not limited to the cost of correction. Should response from architect be insuffrcient.to.property execute work, Subcontractor shall promptly notify contractor of same. 27. Equal Opportunity Clause:. During the performance of this contract, the subcontractor agrees as follows: "(1) The Subcontractor shall not discriminate against *any employee or applicant for employment, because of race, color, religion, sex or national origin. The Subcontractor shall take affirmative action to insure that applicants are employed; and that employees are treated during employment -without regard to race, color, religion, sex or national origin. Such action shall include, but not.be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates. of pay or other forms of compensation; and selection for training, including apprenticeship. The subcontract agrees to post in conspicuous places, available to all employees and.applicants for employment, notices to be provided setting forth the provisions of this non-discrimination'clause. "(2) The subcontractor will, in all solicitations and advertisements forremployeesplaced by or on.behalf of the subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or nationalorigin. "(3) The subcontract will'send to each labor union or representative of workers with he or she has aeollective bargaining agreement or other contract or understanding, a notice to be provided, advising said labor union or worker's representative of the subcontractor's commitments under section 202 of Executive 11246 of September 24, 1965, and shall post copies post in conspicuous places, available to all employees and applicants for employment. "(4) The subcontractor will comply with all provisions of Executive 11246 of September 24, 1965, and of the rules, regulations and relative orders of the Secretary or Labor. "(5) The subcontract will furnish all information and reports requires by Executive 11246of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuantthereto, and will permit access to his books, records, and accounts by the government agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,, regulations and orders. "(6) In the event of subcontractor's non-compliance with the nondiscrimination clauses of this contract,or by any of the said rules, regulations or orders,.this contract may be canceled, terminated or suspended in whole or in part, and. the subcontract may be declared ineligible for further Government contracts, or federally assisted construction contracts'in accordance with Executive 11246 of September 24, 1965, and such other sanctions that may be imposed and remedies. invoked as provided in Executive 11246 of September 24, 1965, or by rule, regulation or.order of.the Secretary of Labor, or as otherwise as provided by law. "(7) The Subcontract will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order,, unless exempted by rules, regulations or orders of the Secretary of Labor P ge 3 'An` Greyhaw Subcontractor Ca issued pursuant to.Section:204 of Executive 11246 of September 24; 1965, so that such provisions will be binding on each. subcontractor,. or.vendor. The subcontractor will take such'action with respect to any subcontract orpurchase order'as the administenngfagency'may direct as,a means,of enforcing such provisions, including sanctions for.noncompliance Provided However ;That in ther event the subcontractor becomes involved in or is threatened wdh; litigation„ynth a.subcontractor or Vender as:,aresult,of such direction by the agency;'the contractor may request the United States to enter mto such lrtrgation .with a subcontractor or vendor as a result of such dir"action by the agency;?ahe'.subcontractormay request the United States to enter into such litigation to protect the.interests of the United States. 28. Security: Subcontractor shall be responsible for -the seicuhiiy'of its tools,'equipment and'supplies; on and offsRe. Greyhawk and Owner shilthaVe naliability for•loss from theft, or'damage by other's. 29. Access: Subcontractor shall only be permitted on the job site during the hours posted by Superintendent. 30. No Right of Assignment' Subcontractor shall have no, nghtto assign.any rights or interest occurring under this agreement'without the written consent `of the GREAWK; Inc ,;and 6v ner, nor. shit the Subcontractor assign any sums due, or to become due, to him under the provisions of this'agreement. 31. Retentions: Ownerahal(retain 1 Mof the contracted amount,. for a period of thirty (30) days, following completion.of Subcontractors "& on each building. 32. Jurisdiction: This agreement shallie interpreted uriderlaws'of the State of California.. 33. Attomev's Fees: Attomey's fees and court costs.'shall be paid•by.the defendanVin the event that judgment must be, and is, obtained to'enforce this agreement or any breach thereof. Greyhawk and Owner .agree to pay, and Subcontractorfagreesto accept as the total contracted price for labor and,:materials: Front Yard Landscaping @ $3360 Walls @$41.50 per Lineal' Foot. Payment schedule .on each Plan Front Yard LandscapingandeWall`Construction 90%;shall be payable;upon completion. A 10% retention shall beheld for 30 days; -or upon clto final; whicheVer.occurs later:. .Payment shall be made, using.a vouchersystem;:^through the project's Builders' Control, Dixieline Builderas Fund Control ('Dixieline") ='=Vouchersshail be'issued at'dompletion of;stages1 of work, as per agreement, forredempfion at the nearest. DiAeline facility. prczl=l=n• :Page 4 ���� Greyhawk (� Subcontractor cry .r Date •% s Date J I