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05-3339 (BLCK)P.O BOX 1504 4 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 BUILDING & SAFETY DEPARTMENT BUILDING PERMIT Application Number: Owner: Owner: Property Address: t 57628 SANTA ROS TR SANTA ROSA DEV APN: 762-240-013-22 -30487 - 40847 SANDPIPER CT Application description: WALL/FENCE PALM DESERT, CA 92260 Property Zoning: LOW DENSITY RESIDENTIAL Application valuation: 2850 11 VOICE (760) 777-7012 FAX (760) 777-7011 INSPECTIONS (760) 777-7153 Applicant: Architect or Engineer: U VERDE LANDSCAPE MAINT COR AUGl7 gQ 4 41 DARBY ROAD A DUNES, CA '92201--0 CIN 01:I/ ,q�UINY ( 60)320-8755 PINaNGQ�� A L c. No.: 624647 - ------------------------------------------------- _ LICENSED CONTRACTOR'S DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professionals Code, and my License is in full force and effect. License Class: C-27 License No.: 624647 /Oate:B� S ontractor: USA LAZbE Cf%LA .S 44- OWNER -BUILDER DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractor's State License Law for the following reason (Sec. 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractor's State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($5001: 1 _ 1 I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who does the work himself or herself through his or her own employees, provided that the improvements are not intended or offered for sale.. 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 for the 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 who builds or improves thereon, and who contracts for the projects with a contractor(s) licensed pursuant to the Contractors' State License Law.). (_ I 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: Lender's Address: LQPERMIT Date: 8/01/05 ----------------------------------------------— WORKER'S COMPENSATION DECLARATION hereby affirm under penalty of perjury one of the following declarations: I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which 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 work 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 700fptheor Code, I shall forthwith comply with those provisions. "IS: 9' 45 0_/�4 %FANC7 LJ4A-A5 A,— WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE 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 Ouinta, its officers, agents and employees for any act or 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. I 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 this9��nature teove-mentioned property f inspection purp Date: plicant or Agent): Application Number, . . . 05-00003339 Permit WALL/FENCE PERMIT Additional desc . Permit Fee 54 00 Plan Check Fee .00 Issue Date Valuation 2850 Expiration Date . 1/28/06 Qty Unit Charge Per Extension BASE FEE 45.00 _ 1.00 9.0000 THOU BLDG 21001-25,000 9.00 ------------------------------------------------ Special Notes and Comments. 114 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. LQPERMIT Bin # �Gt 3� City Of La Quinta Building 8i Safety Division . P.O. Box 1504, 78-495 Calle Tampico La Quinta, CA 92253 - (760) 777-7012 Building Permit Application and Tracking Sheet -A Permit # T o2 Project Address: S SW; k& I QS_ A. P. Number: Owner's Name: X � OVI J A Address: X 60 Legal Description: City. ST, Zip: K E.NGIV%ldS ` Oc Contractor: �(USA 00Q6AJb SCtA'PE_ Telephone: 76a () _ocin Address: -3�i ( �� Cin•. ST, Zi P:)(_ 4 Telephone: hon e. 3 u S S d ...:.:.::::..::.::::::::.:.::.::: Project Description:)( C l S� State Lic.'# : k 0(-/1(C/,? Cin• Lic. aY: Arch.. Engr.. Designer: Address: City. ST, Zip: Telephone: one: . s Construction TyPe:Occupancy: tat S eis a9 L : Add' n Alter hPe (circleon1Ne Repair Demo Name of Contact Person:Sq 71 , .Ft. k Stories: Units: Estimated Value of Project: x — Telephone # of Contact Person: APPLICANT: DO NOT WRITE YBELOW THIS LINE Submittal Itcq'd - Rec'd TRACKING PERMIT FEES Item Amount Plan Sets } ' Plan..Check submitted Structural Cnlcs. 'Reviewed. ready for correction's ' Plan Check Deposit Truss Calcs: t 'J, Called Contact Peron Plan Check Balance Title 24 Coles. flans picked up Construction Flood plain pInn I Plans resubmitted } Mechanical Grading plan 2nd Review. ready for corrections/issue Electrical Subcontactor List Called Contact Person C Plumbing S.M.I. Grant Deed Plans picked up ; II.O.A. Approval Plans resubmitted •: r c ding IN }iOUSE:- '`d Review. read} for:corrections/issue a rDevcloperImpact Fee Planning Approval Called Contact Person P.P. Pub. Wks. Appr Date of permit issue School Fees ~ Total Permit Fees --.7n q SUBCONTRACTOR AGREEMENT This agreement is hereby made between Contractor: Greyhawk, INC. a California corporation ("Greyhawk") and Subcontractor Casa Verde Landscape Construction. this 19th day of May, 2005, for the following services: Landscaping, Walls and Swimming Pools. Project name:. SANTA ROSA TRAILS Address: Avenue 58, La Quinta California Subcontractor Federal ID #: On File Subcontractor license number: On File Subcontractor's Insurance Company: On File Policy #: On File Amount of insurance: On File Subcontractor's Workman's Comp Company On File Policy #: On File DESCRIPTION OF WORK TO BE PERFORMED: Subcontractor agrees to provide all labor, materials, skill and instrumentalities, and perform all of. the work for the Landscaping and Walls poriion.of Lot 15i16,17,18,19,20,& 22 construction work, as per the Casa Verde's Bid, which is attached hereto and made a part hereof,. and the. approved plans and specifications, as shown by the drawing(s) and described in the specifications prepared and provided by the Owner, which are identified by the signatures of the parties to this agreement and which form a part of this agreement, all of which are attached hereto and made a part hereof. ' CONDITIONS: 1. Code Compliance: All work shall comply with applicable state, county and city ordinances and the current edition of the Uniform Building Code. 2. Approved Plans and Specification Compliance• All work shall conform to the plans and specifications as approved by the owner and the City. 3. Substitution: No substitutions shall be made without the Owner's prior written approval. 4:Intention: The intention of the documents is to include all labor, materials, equipment and transportation necessary for complete and proper execution of the work. 5. Insurance: Each and every subcontractor performing work upon or providing services and/or materials for this contemplated improvement are required prior to commencement of work and/or fumishina labor, services and materials, to purchase and.maintain in force, Workman's Compensation Insurance, and "All Risk" type of Builder's Insurance, each of which policy or policies shall name owner, SANTA ROSA TRAILS. LLC, a California limited liability company, GREYHAWK. INC.. a Cal'rfomia corporation, as general contractor, and SOUTHWEST COMMUNITY BANK, lender, as additional insureds, and each of which policy or policies shall be in an amount sufficient to cover the replacement value of the work being performed and/or the labor, services and material being supplied by the said Subcontractor, with all risk liability policy of not less than $1,000,000. 6. Ste: Subcontractor shall furnish all labor, equipment, materials and perform all work necessary; indicated, reasonably inferred or required by any code with jurisdiction to complete their scope of work for a complete and proper finished job. Unless otherwise specified, all materials shall be new and of good quality. In the . prosecution of the work, the Subcontractor shall employ a sufficient number of workers skilled in their trades to suitably perform the work. 7. Availability: The parties agree that time is of the essence of this Subcontract Agreement and that it shall be the Subcontractor's obligation to begin the subcontract work as soon as the project upon which the work is to be done is ready for such work. For each Subcontractor's phase, of each building, with Subcontractor given seven days notice by GREYHAWK, Subcontractor agrees to have sufficient workers available, to begin"and continue through completion of each phase of Subcontractor's work. Subcontractor agrees to complete each phase, of each building, within seven days of Subcontractor commencing that phase 8. Lines and Levels: As applicable, the Subcontractor shall be responsible for the accuracy of the building lines and levels. The Subcontractor shall compare carefully the lines and levels shown on the drawings with existing levels for the location and construction of the work and shall call the Architect's attention to any discrepancies before proceeding with the work. Page 1 Greyhayd�� Subcontractor CM 9. Cutting and Patching: All trades shall do their own cutting, fitting, 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 it's 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 aocumulation of waste materials or rubbish 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 PICK UP 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 may eat inside the garages. The Jobsite will have designated trash areas/ bins. All boxes, cartons, etc. must be broken down and placed in receptacle provided onsite by said Subcontractor. Failure of Subcontractor to pick up and dispose of their own trash will result is a minimum $250 back -charge to Subcontractor. All trades will clean up and sweep construction and lunch trash DAILY. 11. Druqs. & Alcoholic beverages will not be tolerated on the job at any time! 12. Inspections: All inspections for work completed in accordance with the Contract and Agreement are to be scheduled by the Subcontractor, and Subcontractor shall have a representative on the jobsite to meet directly . with the City inspectors. Failure to comply will result in a $500 back -charge to the Subcontractor. 13.Vehicles: If Subcontractors vehicle does not contain any tools pertaining to said work, vehicle is to 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 with posted job speed limit within the job site at all times. 14. Access to Work: The Owner, Owner's representative, Greyhawk, and public authorities shalt 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 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 from faulty materials or workmanship which shall become evident during 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 way of Subcontractor herein, it is the responsibility of the Subcontractor herein to bring the problem directly to the General Contractor's attention. In the event another Subcontractor's work is damaged, the Owner and/or General Contractorseserves the right to charge this Subcontractor cost plus overhead at the rate of 15% of the back -charge. 19. Failure to Report: Subcontractor's failure to promptly report in writing to Greyhawk or Owner any alleged defects in any work performed by others in, on, or adjacent to the area in which Subcontractor is to perform it's work will be deemed acknowledgement by Subcontractor: that such work is fit and proper for 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 to perform. 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 materials or equipment, or any or all of them to and from the site, shall be at the sole risk of Subcontractor, exclusively. To the fullest extent permitted by law, Subcontractor shall, with respect to all work which is covered by, or incidental to this Subcontractor Agreement, indemnify, hold harmless and defend Contractor, Owner and Lender from and against any and all allegations, losses, claims, actions, demands, damages, liabilities or expenses (including costs, expenses and attorney's fees), arising from, or related to the death, bodily injury to persons, injury to property, design defects originated by subcontractor, or other loss damage or expense. Subcontractor's duty to indemnify shall include all damages cause, or alleged to be caused in whole or in part by any negligent act or omission, whether active or passive of. (a) Subcontractor, (b) anyone directly or indirectly employed 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 to perform a particular item or items 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 Page 2 ` Greyhawk ubcontractor (V 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 necessary to 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 may be 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 not 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 may be 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) Third 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 with 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 insufficient to properly execute work, Subcontractor shall promptly notify contractor of same. 27. Egual 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 for employees placed 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 national origin. "(3) The subcontract will send to each labor union or representative of workers with he or she has a collective 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 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, -or pursuant thereto, 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 contrails 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 e3 An- Greyhaw Subcontractor (A 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 or purchase order as the administering agency 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 with, litigation with a subcontractor, or vender as a result of such direction by the' agency, the contractor may request the United States to enter into such litigation, with a subcontractor or vendor as a result of such direction by the agency, the subcontractor may 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 security of its tools, equipment and supplies, on and offsite. Greyhawk and Owner shall have no liability for loss from theft, or damage by others. 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 right to assign any rights or interest occurring under this agreement without the written consent of the GREYHAWK, Inc., and Owner, nor shall the Subcontractor assign any sums due, or to become due, to him under the provisions of this agreement. 31. Retentions: Owner shall retain 10% of the contracted amount, for a period of thirty (30) days, following completion of Subcontractor's work on each building. 32. Jurisdiction: This agreement shall be interpreted under laws of the State of California. 33. Attorney's Fees: Attorneys fees and court costs shall be paid by the defendant in the event that judgment must be, and is, obtained to enforce this agreement or any breach thereof. Greyhawk and Owner agree to pay, and Subcontractor agrees to 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 Landscaping and Wall Construction 90% shall be payable upon completion. A 10% retention shall be held for 30 days, or upon city's final, whichever occurs later. Payment shall be made, using a voucher system, through the project's Builders' Control, Dixieline Builder's Fund Control ('Dixieline"). Vouchers shall be issued at completion of stages of work, as per agreement, for redemption at the nearest Dixieline facility. Ar;RFFn- Page 4 Greyhawk ( ) Subcontractor Date Date