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05-2017 (RPL)P.O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 Application Number: Property Address: APN: Application description Property Zoning: Application valuation: . Applicant: 05-00002017 57643 SANTA ROSA TR 762-240-013-12 -3041 POOL - RESIDENTIAL LOW DENSIT Architect 0 • t 4 BUILDING & SAFETY DEPARTMENT BUILDING PERMIT LICENSED CONTRACTOR'S DECLARATION I hereby affiim under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with _ action 70001 of Division 3 of the Business and Professionals Code, and se is i full force and effect. License Clay: ry '� License No.: C ���i- - - Dates v/ r t% Contractor.,�a7` V6- OWNER-BUILDER COWNER-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 ($500).: 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 _ 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.). (_ 1 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: LQPERDIIT VOICE (760) 777-7012 FAX (760) 777-7011 INSPECTIONS (760) 777-7153 Date: .5/26/05 Owner: ---------------------------------- SANTA ROSA DEV 40847 SANDPIPER CT PALM DESERT, CA 92260 Contractor: --------------------------------- CASA VERDE LANDSCAPE MAINT COR WCC: GRANITE WC: 9549987 09/05/05 Lic. No.:-----=------ --- ----------------------------------------------- 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 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 .6 2 4 6 4 7 O8/31/0golicyNumber C-27 _ 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 3700 of the Labor,C dd/f�II halt forthwith \comply with those provisions. Bdte: �. Applicant:./ �T6 ` �JC— 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 d hereby authorize representatives of this co enter upon the above-mentioned prope •fm or spec ' purp ses.., Date ' Signature (Applicant or Agent . Application Number . . . . . 05-00002017 Permit BLDG POOL PERMIT Additional desc . Permit Fee 207.00 Plan Check Fee 134.55 Issue Date Valuation .. 197.19 Expiration Date 11/22/05 Qty Unit Charge Per Extension BASE FEE 45.00 18.00 9.0000 ---------------------------------------------------------------------------- THOU BLDG 2,001-25,000 162.00 Permit . . . MECH POOL Additional desc . Permit Fee 26.00. Plan Check Fee 6.50 Issue Date Valuation . . . . 0 Expiration Date 11/22/05 Qty Unit Charge Per Extension BASE FEE .15.00 1.00 11.0000 EA MECH FURNACE >100K 11.00 ----=--------------------- ----------------------------- ---------- ----------- Permit . . . ELEC POOL PERMIT -RES Additional desc . Permit Fee . . . . 45.00 Plan Check Fee 11.25 Lssue Date Valuation 0 Expiration Date 11/22/05 Qty Unit Charge Per -Extension BASE FEE 15.00 1.00 30.0000 -------------------------------------------------------------------- EA ELEC PRIVATE SWIMMING POOL 30.00 Permit . . . PLUMBING Additional desc . Permit Fee 33.00 Plan Check Fee 8.25 " Issue Date . . . . . Valuation 0 Expiration Date 11/22/05 Qty Unit Charge Per Extension • BASE FEE 15.00 2.00 6.0000 EA PLB FIXTURE 12.00 1.00 3.0000 EA PLB WATER INST/ALT/REP 3.00 1.00 3.0000 ---------------------------------------------------------------------------- EA PLB GAS PIPE 1-4 OUTLETS 3.00 Permit . . . . . . WALL/FENCE PERMIT LQPERDIIT I - Application Number . . . . 05-00002017 Permit WALL/FENCE.PERMIT Additional desc . Permit Fee 15.00 ,Plan Check Fee :00 Issue.Date Valuation 281 Expiration Date 11/22/05 Qty Unit Charge Per Extension BASE FEE 15.00 - Special Notes and Comments POOL. AND SPA ONLY. 13 L.F. 51 EQUIPMENT 'WALL, PER CITY STANDARD. ALARMS/BARRIERS SHALL BE IN PLACE PRIOR TO PRE -PLASTER INSPECTION. Fee summary Charged Paid Credited Due Permit Fee Total 326.00 .00 .00 326.00 Plan Check Total 160.55 .00 .00 160.55 Grand Total. 486.55 .00 .00 486.55 LQPERMIT SUBCONTRACTOR AGREEMENT' This agreement is hereby made between Contractor. Greyhawk, INC.'a California corporation (°Greyhawk°) and Subcontractor Casa Venae 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 Califomla�' Subcontractor Federal ID #: On File , Subcontractor license number. On File , Subcontractor's Insurance Company: On File , Policy * On File Amount of insurance: On File Subcontractors Workman's Comp Company On File ' Policy #: On File } DESCRIPTION OF WORK TO BE PERFORMED: Subcontractor agrees to provide all labor, materials, skill and insW^rentalities, and perform all of . the work for the Landscaping, Walls and Pool portion of Loy 12 construction work, as per the Casa Verde's Bid and attached Pool Addendum, which is attached hereto and made a part i 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. P -nor to commencement of work and/or fumishing labor. services and materials. to purchase and mairrtaiin 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 California 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- Scope: 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 Subcontractors 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 Subcontractors 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 Subcontractors work. Subcontractor agrees to complete each phase, of r each building, within seven days of Subcontractor commencing that phase 8. Lines and Levels: As applicable, the Subcontractor shag 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- F w - age Greyhawk Subcontractor (91 r 9: Cutting and Patching: All trades shall do their own cutting, fitting, patching, eta, 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 dean up and remove all debris arising out of the performance of irs work, and to leave the premises is a broom swept, raked or -graded, dean condition. All trades shall, at all times, keep the premises free from accumulation 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 Jobstte 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 dean up and sweep construction and lunch trash DAILY. 11. Dru-gs. & Alcoholic bevera-ges 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 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 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 Contractor reserves the right to charge this Subcontractor cost plus overhead at the rate of 15% of the back -charge. 19. Failure to Report Subcontractors 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 its 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 its failure to perform. 20. Safety- Precautions shall be used at all tunes 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 worts 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. Subcontractors duty to indemnify shall include all damages cause, or alleged to be caused in whole or in part by any negligent ad 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 age 2 Greyha Subcontractor 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.lmplied 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 Ws 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 conected; (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 t000mplete 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. Equal Opportunity Clause: During the performance of this contract, the subcontractor agrees as follows: '(1) The Subcontractor shall not discrimiriate 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 penult 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 gage 3�GreyhawkSubcontractor ( 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 that or damage by others. 29. Access: Subcontractor shall only be permitted on the job site during the hours posted by Superintendent. 30. No Richt of Assignment: Subcontractor shall have no right to assign any rights or interest occurring under this agreement without the written consent of the GREYHAdVK, 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 100/6 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 thereot 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. Pool: @ $24,500. 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. Pools payments shall be made as per aft addendum attached thereto and made a part hereof. Payment shall be made, using a voucher system, through the project's Builders' Control, Dixieline Builders Fund Control ('DixieliW). Vouchers shall be issued at completion of stages of work, as per agreement, for redemption at the nearest Dixieline facility. A/-CCCr%. age 4 Greyhawk OSubcontractor A CONTRACTOR AGREEMENT THIS AGREEMENT is entered into by and between CASA VERDE LANDSCAPE, hereinafter called the SUB -CONTRACTOR, GREY HAWK INC., hereinafter called the Gam? - CONTRACTOR, and SANTA, ROSA TRAILS, berei rafter called the OwNm The agreement is entered into in the County of San Diego, and shalt be effective as of May 13, 2005. In exchange for vatuble consideration, the adequacy of which is hereby acknowledged, SUB-CONTRAcTOR, GENERAL-CoNTRAcroR and OWNER agree as follows: Article 1. Scope of the Work SUB -CONTRACTOR shall furnish all ofthe materials and perform all of the work shown on the Drawings and/or described in the specifications as set forth hereinbelow on property located at AVENUE 58 WEST OF MADISON AVE., TRACT# 30487, specifically identified herein as lot #_ in the Santa Row Trails project. Article 2. Time of Completion The work to be performed under this Contract shall be commenced on or before "-13 , 2005 and shall be completed on or before 7 , 2005. The parties hereto acknowledge and agree that time is ofthe essence, and any default under this paragraph shall constitute a material breach of this agreement entitling GOAL -CONTRACTOR to liquidated damages in the amount of $200 per day until any breach or default hereunder is cured to the satisfaction of both GENERAL -CONTRACTOR and OWNER, However, should SUB- CONTRACTOR f A for whatever reason, to cure any such breach or default within tem (10) calendar days of receiving verbal notice of default hereunder, then this contract may be terminated in it s entirety. Upon termination, OWNER and/or GENERAL CONTRACTOR shall be entitled to liquidated damages in an amount equal to the lesser of $200 per day from the initial date of default, or $20,000. The following constitutes substantial completion of worts pursuant to this proposal and contract: 12'X 20' POOL AND SPA COMBO DEPTH 3'0" TO 5'0" (RECTANGULAR ,AND FREEFORM) PULL NECESSARY PERMITS PROVIDE STRUCTURAL ENGINEERING PLANS EXCAVATE STEEL STRUCTURE PER ENGINEERING PLANS AND CITY CODE INSTALLATION OF 1 Y? PLUMBING USING ALL NON -CORROSIVE SCHEDULE 40 AND 80 PVC. 1 Va' PVC GAS LINE 7" SPA WITH 5 JETS SPA, RAISED 18" ANTI VORTEX DRAINS AND )DUAL PORT SURFACE SIR AUTO FILL LINE 117 •.J OnOl-nAl Will .1 uu-i u_lenu viii Lou i1•7 -nnn- ii iow )r7 74F ' GROUP 2.TILE a t° 220 VOLT TIME CLOCK WITH STANDARD SWITCH FOR LIGHTS 4, ' 300. WATTS POOL LIGHT AND 100 WATT SPA LIGHT ; POOL EQUIPMENT: 1 %: HP PENTAIR PUMP, 250,000 BTU HEATER, 420 SQ.Yr. PENTAIR FILTER, . START UP WITH CHEMICALS ' PASS FINAL INSPECTION PRIC.E BSTANDARDASED ON 1 LOTS FOR STANDARD POOL PRICING } $24,500.00. • .. .. a - - .. .w ;+ Article 3. The Contract Price GENERAL-CONTRACTOR'shall pay SuB-CONTRACTOR £or the material and labor to be performed wader the contract, the sum of twenty two thousand Dollars ($24,500.00), subject to ` additions aiiid deductions pursuant to change orders autblori zed in writing and signed by, GENERAL -CONTRACTOR, or GiN�-CON RACTOR's authorized agentt. Article 4. Progress Payments and Upgrades .; " Payments of the Conttact Price shall be paid in the mamter follow' 1fit PAYMENT ATEXCAVATTON COMPLETION $5,512.50 (22.5%) 2ad PAYMENT AT STEEL COMPLETION $5,512.50 (22.501o) 3"° PAYMENT AT GU'NITE COMPIXTIOhT $5,512.50 (22.5%) 4`" PAYMENT AT POOL START UP $5,512.50 (22.50/o) 'tf TlvzlON $2,450.00 (10%) In addition, it is contemplated that home buyers may request, or require deviation from the general description and/or scope ofwork outlined above in Article 2. The parties hereby . acknowledge and agree that OWNER shall be entitled to collect, and SUB-CON7IR,AcTOR shall pay, ` �• an amount to 10% of the gross sales price of any deviatiori or upgrade charge to the particular. hor "me buyer. Article 5. General Provisions' A 'Any: alteration or deviation from the above specifications, including but not limit4to any 4 such alteration or deviation ianvolving additional material and/or labor costs, will be valid only ,. upon written authorization, signed by Owr1ER, G£NERAirCortTRA CTnR and SUB-CoNTRACTOR. If there is any charge for such alteration or deviation, the additional charge will be added to the contract price under this contract, once it is approved m writing by GENERAL-CONntAmR. If = ` payment is not made when due, Svs-CONTRACTOR,may suspend work on the job until such time as all payments due have been made. ~A Mure to make payment for a period' inn excess of 15 daysfrom the due date of the payment shall be deemed a material breach of this contract. In additions the following general provisions apply- pply -.-J •,-J nnni.-nhi wuiJ au -1 u:Jnnu '7ul IMAI I -z r.nn7 1 I ARIM . • _ . ., .. �. .. it ' �'. Qui, ^ t r • 5. l . All work shall be completed in a workman -lice manner and in compliance with all budding codes and other applicable laws_ To that end, SUB -CONTRACTOR shall demonstrate to the reasonable satisfaction of GENERAL -CONTRACTOR that SUB- ' CONTRACTOR is in possession of all applicable permits, licenses, and approvals prior to the commencement of wok on the project. Failure to obtain or possess,. any such permits, licenses, and/or approvals prior to commencement of work on the project shall constitute a material breach hereof entitling GENERAL- CONTRACTOR ENERAL. CONTRACTOR to liquidated damages in the amount of $Z00 per day until any breach or default hereunder is cured to the satisfaction of both GENERAL - CONTRACTOR CONTRACTOR and OWNM However, should SUB -CONTRACTOR fail, for whatever reason, to cure any such breach or Aef h within ten (10) calendar days of , receiving 'verbal notice of default, then this contract may be terminated in it s - entirety. Upon termimation, OWNER and/or GENERAL CONTRACTOR shall be entitled to liquidated damages in an amount equal to the lesser of $200 per day' from the initial date of default, or $20,000. 5.2. The Suis -CONTRACTOR shall furnish a plan and scale drawing showing the shape, size dimensions, and construction and equipment specifications for each pool, a description ofthe work to be dome and description ofthe inaterials to be used and the equipment to be used or installed, and the agreed considermdom for the work. 5.3. SUB -CONTRACTOR hereby promises, guarantees, and warrants that all work on the . - project shall be performed by individuals duly licensed and authorized by law to perform said work. Any breach hereof is deemed a material, breach entitling GENERAL -CONTRA cToR to liquidated damages in the amount of $20,000. 5.4. SUB-CONTRACTOR'may not, under any &cut7nstances engage any subSUB- CONTRACTORs to perform work hereunder absent the prior written approval of _ GENERAL-CoNTRAcrm In the event that GENERAL_CONT AcToR agrees to allow SUB -CONTRACTOR to hire sub-SUB-CONTRAcToRs GENERAL -CONTRACTOR shall be entitled to pay said subSUs-CONTRACTOR directly for work performed. AJI amounts paid to any sub-SuB-CONTRAcToR shall be deducted from the final contract price to be paid by GENERAL.-CoNTRRAcToR to SUB-CONTRAmR. Notwithstanding the foregoing, SUB -CONTRACTOR shall, in all instances reLtuain responsible for the proper and tionely completion of this Contract. 5.5. SUB -CONTRACTOR shall hmish GENERAL -CONTRACTOR appropriate releases or '. waivers of lien for all work performed or materials provided at the time the next periodic pay Ent shall be due. 5.6_ ,A,ll change orders shall be in writing and signed both by GENERAL -CONTRACTOR and SUB-CoN RAcTOR, and shall be incorporated i% and become a part of the contract. 5.7. SUB -CONTRACTOR shall at its own expense obtain all permits'necessary for the. i4, • J nno 1 • AAI WVIJ ail u]nnu 3UI WA11•7 enn7 r'i apw work to be performed_ 5.8. SUIS-CONTRACTOR agrees to remove all debris. and excess dirt. And, shall leave r the premises in clean condition: ; 5.9. In the event GENER T,-CoNTRACTOR shall fail to pay any periodic or i nstUment payment due hereunder, SUB-CONTkAC OR may cease work without breach pending pay hent or resolution of any dispute. 5.10. In the event of any dispute arising hereunder, exclusive jurisdiction and venue shall ' r -vest in any. court, of competent jurisdiction in the County of San Diego. This ` contract shall be deemed to have been entered into in the County of San Diego. 5.11. SUB-CONTRACTOR shall not be.liable for any delay due to circumstances beyond its . . control including strikes, casualty or general unavailability of materials. . 5.12. SUB-CONTRACTOR warrants all work for a period of one year, or 12 calendar, - L months following' completion ofthe contemplated work: a , Article 6_ Indeimnilfication ,�.. To the fullest extent permitted by law, the SUB-CONTRACTOR shall indemnify, defend and hold harmless GREY HAWK INC., SANTA ROSA TRIALS, LLC-, and Southwest Community' ' Bank and all of their agents and exmployees, from and against claims, damages, losses and ' expenses, mchiding but not limited to attorney's fees, arising out of or resulting from performance ` ofthe work or providing of materials to the extent caused in whole or in pant by negligent or ; wrongful acts or omissions of or a breach of this agreement by the SUB-CONTRACTOR, a sub- contractor, anyone directly or indirectly employed by thein or anyone whose acts they are legally, �.. responsible. i A - icle 7. fasumnce The SUB-CONTRAcT•OR represents that it has purchased and agrees that it will keep in Y' force for the duration ofthe performance ofthe work-or for such longer term as maybe required , by this agreement, m a company or companies lawfully author' itzed to do business i a the State ,of California, such insurance as will protect SuB-CoNmAcTOR, OWNER, and GENS CONTR4,CTOR from claims for loss or iqJury which might arise out of or result from the SUB K - CoNTRAcmR's operations under this project, whether such operations be by SUB-CONTRACTOR or by a sub-contractor or its sub-contractors. - SUB-CONTRACTOR further represents and agrees that said insurance is written for and shall be maintained m an amount not less than the limits of the liability specified below or required by - law, whichever coverage is greater. The SUB-CONTRACTOR certifies that coverage written on a P "claims made" form will be tx i*tained without interruption from the commencement of work , until the expiration of 4 applicable statutes of limitation. ' i m. • J M101-MI wul i awl uonnu 7u l W,171"7 enni • l l • dpyj let 1) Worker's Compensation $1,000,000.00. . r 2) Comprehensive General Liability with limits of not loss than $1,000,000.00 per 3) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000.00 _ each accident. E The SUB -CONTRACTOR shall file Certificates of Insurance, naming OWNER and RAL - CONTRACTOR as additional insured, in duplicate acceptable to all parties prior to commencement of work, 'which shall contain a provision that coverages under the poli6les shall not be cancelled or - allowed to expire or permit material changes until at least 1 year (365) days written notice has been given to additional insured. r Article 8. Additional Terms 8.1. No Amigamtent and Authority to Execute. ]Each Party hereto represeaRs and warrants that it has the sole right and authority to execute this Contract on its respective behalf and that it has not sold, assigned, transfierred, conveyed, hypothecated, of otherwise disposed of any claim or demand relating to any right surrendered by virtue of this Contract. 8.2 Construction of Contract This Contract is theproduct of negotiations; joint effort, and preparation by and among each Party and his or its attorneys. 'Therefore, the Parties acknowledge and agree Haat this Contract shall not be deemed to have been prepared or drafted' by any one Party or another..A,eeordingly, the normal rule of construction to the effect that any ambiguities are to be resolved.against the drafting party' shall not be employed in the interpretation of this Cointract. Further, it is expressly understood and agreed that the headings employed in this Contract are fDr convenience only and do not affect substantive rights herein. 83 ]Partial %vapidity. Should any of the provisions set forth herein be determined to be = invalid by a court, agency or other tribunal of competent jurisdiction, such determination shall not affect the enforceability of any other provision$ herein. 8.4 Entire Contract. This Contract supersedes all prior, contracts relating to or arising from the same subject matter and contains all the terms, promises, undeMandings, and Contracts among the parties with respect to the subject matter herein.. Vie, parties agree that no promises or inducements have been made which caused any party to sign this Contract other than those vi+hich are expressly set forth herein. ' 8.5 Bi Ddiung 1✓&M This Contract is intended to be final and binding upon the parties regardless of any mistalae of fact or law or any other circumstances whatsoever. 8.6 Severability. If any provision of this Contract as applied to any party or to an/ .. 1, circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable, the same shall, in no way, affect any other provision hereto, the application of such provision m or,' y I in • J _ nno i • nei UIU I a AAI M7A()U U1 r to any other circumstances or the validity or enforceability of the release contained herein, as a whole. 8.7 Modification of Contract No supplement, modification, waiver, or amendment with respect to this Contract shall be binding unless executed in writing by the party against whom enforcement of such supplement, modification, waiver, or amendment is sought. 8.8 Execution in Counterpart. The Parties and their counsel shall execute two (2) originals of this Contract, each ofwhich may be executed in one or more counterparts which together shall constitute a single instrument. After execution, one original shall be delivered to counsel for Casa verde and one original shall be delivered to counsel for Santa Rosa. 8.9 Notice of Non-Responsibility. In order to effectuate the protective terms of this Contract, GENERAL-CoNTRAcTOR and/or OWNER shall be entitled to file with the appropriate county authority a Notice ofNon-Responsibility- Accordingly, neither OwNER or GENERAL- CONTRACTOR shall accept responsibility far any work per&nned by any_person acting under SUB- CONTRACTOR's authority absent the prior written consent of either OWNER or GENERAL- CONTRACTOR. 8.10 Termination. Any breach of any provision of this agreement or default hereunder shall be deemed a material breach entitling GENERAL-CONTRACTOR OR and/or OWNER to terminate this, and any other contracts, agreements, obligations, and/or relationship they may have with SUB-CONTRACTOR or its principals, agents, sub-contractors; shareholders, officers, directors, and employees without any fiuther obligation whatsoever_ IN VVrMSS VVHERX0F, the undersigned execute this Contract on the dates shown below. SUB-CONTRACTOR Casa Verde Lan C. Dated: S 2005 By: Al Campos, its President SUB-CONTRACTOR °s Licens Dated: 2005 GENERAL-CONTRACTOR Greyhawls, Inc: By: Chesterw Allen, its President Dated: , 2005 OWNER Santa Rosa Trails, LLC. By: Virgil Opfer, its President q� r/I J AAnr•nki WU1_I OW-1 U34AV 7U1 UJJ71.7 Cnn7 II XPIA SPECIF1CAnONs 2 "n d Z P O n m a: N i ` t �l ' �� L) - + . 70.00 P.E. 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