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05-2018 (RPL)P.O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA,.CALIFORNIA 92253 Application Number: (- 05-00002018-- Property Address: _ - APN: 57669 SANTA ROSA TR Application description: 762-240-_013-11 -30487 - Property Zoning: POOL - RESIDENTIAL Application valuation: LOW DENSIT Applicant: Architect or Engi wit(f44Q" BUILDING & SAFETY DEPARTMENT BUILDING PERMIT LICENSED CONTRACTOR'S DECLARATION /I hereby affirm under penalty of perjury that I am licensed under provisio of Chapter 9 (commencing with Section 7000) of Divis. ' 3 of the Business and Professionals Code, my License is in full force and effect. 1 License Clas : License o.: cEn'f� - - - Date: �/' O Contra �% C L)� C�f`5[�°� 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 ($500).: 1 _ 1 1, 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 construcfthe 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 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: LQPERMIT 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. -XI 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 624647 08/31/0&[icy Number C-27 _ I certify that, in the performance of the work for which this permit is issued, 1 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 r/, � 700 of the Labor Code, I shall forthwith comply with those provisions. p atD e: �7/ 6 Applicant: � V �_4i�- (�I�`U�.�..Il1r 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 1$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 Quinta, 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 isnot 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 c I agree to comply with all city and cou ty ordinances and state laws relating to building construction, hereby a thorize representatives C this c nt y to enter upon the above-mentioned proper •far ' spectio urposes. Date: �� Signature (Applicant or Agent Application Number . . . . . 05-00002018 Permit . . . BLDG POOL PERMIT Additional desc . Permit Fee• 207.00 Plan Check Fee 134.55 Issue Date . . . . Valuation 19719 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 Issue 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 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 LQPERMIT Application Number 05-00002018 Permit WALL/PENCE PERMIT Additional desc . Permit. Fee 1b.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 & SPA ONLY. 13 L.F. EQUIPMENT EALL, 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 .001 160.55 Grand Total 486.55 .00 .00 486.55 . eAS� 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, Walls and Pool portion of Lot 11 construction work, as per the Casa Verde's Bid and attached Pool Addendum, 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 fumishinq 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 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 specked, 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 perforin 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 ` Greyhawk I Subcontractor �) • , 2 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 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 s 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 pickup 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. Drugs, & 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 shall at all times have T' 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.i .� 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. y 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 Subcontractorr 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: 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, s , 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.. - • t 21. Risk: All work covered by the subcontract agreement done at the site of construction, or in preparing orn , 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 T 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. a 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 ofwork, the final and absolute determination shall be made by Greyhawk and Owner and Subcontractor shall abide by, Page 2; 's Y r r Greyhawk 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 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 Withholdinn_ : 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. 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 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 causes 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 age 3 , Greyhawk Subcontractor 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: Attorney's 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. 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 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. AGREED: Date Y_ 13to t Page 4 Greyhawk' Subcontractor (- CONTRACTOR AGREEMENT' THIS AGREEMENT is entered into by and between CASA VERDE LANDSCAPE, hereinafter called the SUB-CONTmcToR, GREY HAwK INC., hereinafter called the G> N>;RAC- CONTRACTOR, and SANTA ROSA TRAILS, berek-&er called the OWNER, The agreement is entered into in the County of San Diego, and shall be effective as of May 13; 2005. In exchange for valuble consideration, the adequacy of which is hereby acknowledged, SUB-CONTRACTort, . C3MMu%L-C0N'zztAcT'oR and OwNBR agree as follows: y " Article 1. Scope of the Work f, " SUB -COMP- CT6R shall famish all ofthe'maWrials and perform all of the work shown on the Drawings and/or descrYbed in the specifications as set forth herejubelow on property located at AV� 58 WEST' OF MADISON AVE., TRACT# 30487, specifically identified herein as Iot #� m the Santa Rosa Trails project. Article 2. Time of Completion The work to be performed under this Contract shall, be _commenced on or before ` G' 3 , 2005 and shall be completed on or before 1- •3-0 ---------,2005. The parties hereto acknowledge and agree that tame. is of the essence, and any default under this paragraph shall constitute a material breach of this agreement entitling GENERAL -CONTRACTOR to , liquidated damages'in the amount of $200 per day until any breach or default hereunder is°cured , to the satisfaction of both GkNazA,L,-CONTRACTOR and OWNER- However, should SUB- , CONTRACTOR fad, for whatever reason, to cure any such breach or default within ten (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 GBN,�ERAL 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 work pursuant to this proposal and contract: 12'X 20' POOL AND, SPA COMt>30 DEPTH 300" 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 V? PLUMBING USING ALL NON -CORROSIVE SCI. EAULE-40 r AND 80 PVC. • 4. °' I Va' PVC GAS LINE . T' SPA WITH 5 JETS SPA. RAISED 18" - ANTI VORTEX DRAINS AND DUAL PORT SURFACE SKIMMER AUTO FILL LINE 1 /7 -A ono -nhi wui.1 IW -1 uren,i -IIIi wii I -7 'rnn7- i i raw GROUP 2 TILE 220 VOLT TIME CLOCK WITH STANDARD SWITCH FOR LIGHTS 300 WATTS POOL LIGHT AND 100 WATT SPA LIGHT POOL EQUIPTMENT_ 1 %2 1HP PENTAIR PUMP, 250,000 BTU HEATER, 420 SQ.FT. PENTAIR FILTER START UP WITH CHEMICALS PASS FATAL INSPECTION PRICE BASED ON 1 LOTS FOR STANDARD POOL PRICING $24,500.00. Article 3. The Contract iPdce GErtERAL=CONTRACToR shall pay SUB-CoNIR.ACTOR for the material and labor to be performed under the contract, the sum oftwenty two thousand Dollars ($24,500.00), subject to additions and deductions pursuant to change orders authorized in writing and signed by GENERA, -CONTRACTOR, or GENERAL-CONTRACTOR's authorized agent. Article 4. Progress Payments and Upgrades Payments ofthe Contract Price shall be paid in the manner following: 15'PAYMENT AT EXCAVATION COMPLETION $5,512.50(22.5%) 2d PAYMENT AT STEEL COMPLETION $5,512.50(22.50/,) 3� PAYMENT AT GUNITE COMPLETION $5,512.50 (22.5%) 4th PAYMENT AT POOL START UP $5,512.50 (22.5%) RETENTION $2,450.00 (10%) In addition, it is contemplated that home buyers may request, or require deviation from the general description and/or scope of work outlined above in Article 2. The parties hereby acknowledge and agree that OWNER shall be entitled to collect, and SUB -CONTRACTOR shall pay an amount to 10% of the gross sales price of any deviation or upgrade charge to the particular home buyer. Article 5. General Provisions Any alteration or deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be valid only, upon written authorization, signed by OWNER, GO ORAL-CONTRA,CTpR and SUE-CoN'tRAcroR. 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 in writing by GENERAL -CONTRACTOR. If- payment fpayment is not made when due, SUB -CONTRACTOR may suspend work on the job until such time as all payments due have been made. A failure to make payment for a period in excess of 15 days from the due date of the payment shall be deemed a nunerial breach of this contract. in addition, the following general provisions apply_ I/P -A nnoI -ndl WUTJ ddW1 U7AAU 7U1 WAII.7 rnn7 •11•ARW 5.1. 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 -CONI TRACTOR 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 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 OwrtER. However, should SUB -COQ TRACTOR fail, for, whatever reason, to cure any such breach or default within ten (10) calendar days of . receiving verbal notice of detauk, then this contract may be tertninated in it s ry 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. 5.2: The SUB 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 done and description ofthe materials to be used and the equipment to be used or installed, and the agreed consideration 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 sand work_ Any breach hereof is deemed a material breach entitling GENERAL -CONTRACTOR to liquidated damages in the amount of $20,000. 5.4: SUB -CONTRACTOR may not, under any circumstances engage any subSUB- CONTRACTORS to perform work hereunder absent the prior.written approval of GENERAL -CONTRACTOR. In the event that GENERAL-CONTRACT'oR agrees to allow SUB -CONTRACTOR to hire sub -SUB -CONTRACTORS GENERAL -CONTRACTOR shall be entitled to pay said subSUB-CONTRACi'OR directly for work performed. . All amounts paid to any sub-SUB-CONTRACTOR•Shall be deducted frolm the fxual , contract price to be paid by. GENERAL -CONTRACTOR to SUB -CONTRACTOR. Notwithstanding the foregoing, SUB -CONTRACTOR shall, in all instances remain, responsible for the proper and timely completion of this Contract. 5.5. SUB-CONTRACTop, shall f mish GENERAL-C,oNTRACTOR appropriate releases or " waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. , 5.6.. All change orders shall be in writing and sigried both "by GENERAL-CONTk,A.CTOR M and SUB-CONTRACtUR, and shall be incorporated in, and be orae a part of the •F , °! , contract. 5.7. SUB -CONTRACTOR shall at its own expense obtain all permits necessary for the'° Hifi a nnoI -nei WUIJ Awl U7nnu 3UI UI,III.7 M7 •JI'APLN work to be perfbrmn d_ - ►, t " , 5.8.. SUB-CoNrRACToR agrees to remove all debris and excess dirt. And, shall leave the premises in clean condition 5.9. In the eveinit GENERAL -CONTRACTOR shall fail to pay any periodic or installment y. payment due hereunder, SUB-CoN7(RA&OR may cease work without breach pending pay cht or resolution of any dispute. a' 5.10. In the event of any dispute arising hereunder, exclusive jurisdiction and venue shall vest in any court of competent jurisdiction in the County of Sant Diego. This • . contract shall be deemed to have been aft -red mto m the County of San Diego. 5.11. ' SUS -CONTRACTOR shall not be liable for any delay due to circumstances beyond its control mchrd ng strikes, casualty or general unavailability of materials. ; s 5.12. ' SUB -CONTRACTOR warrants all'work for a period ofone year, or 12 calendar , months following completion of the contemplated work: Article 6. Indemnification � , �•+ w ! �' � � �� < . To the fullest extent permitted by law, the SUB -CONTRACTOR shall imdetrinify, defend and hold harmless GREY HAWK INC., SANTA ROSA, TRIALS, LLC., and Southwest Community = Bank and all of their agents and employees, from and against claims, damages, losses and expenses, oluding but not limited to attorney's fees, arising out of or resulting from performance• ofthe work or providing of materials to the e3dent caused in whole or in pant by negligent or wrongful acts or omissions ot: or a breach of this agreement by the Sv8-CONTRACTOR, a sub-' , ' contractor, anyone directly or indirectly employed by theta or anyone whose acts they are legally responsible. Article 7. htsurance The SUB -CONTRACTOR represents that it has purchased and agrees that it willa ` keep in force for the duration ofthe performance ofthe work -or for such longer tern as may be required , by this agreement, in a company or companies lawfully authorized to do business in the State of California, such insurance as will protect SUB -CONTRACTOR, OWNER, and GENBR4- CONTRACTOR from claims for loss or injury which might arise out of or result from the SUB= � CONTRACTOR'S operations under this project, whether such operations be by SUB -CONTRACTOR or by a sub -contractor or its sub -contractors. SUB-CONTRAC oR further represents and agrees that saia'i ce is written for and shau be maintained in an amount not less than the limits of the liability specified below or required by " f law, whichever coverage is greater. The SUB -CONTRACTOR certifies that coverage written on a "claims made" form will be maintained without interruption from the commencement of work until the expiration of all applicable statutes of Mutation. • 'r - •s �.,r %�� ' R.• i .baa '��,. , 1 ir. •.J AAO i'•AM WuIJ dWI U7AAU,OUI IMAX 7 r.nn7 I I APIA 3) Worker's Compensation $1,000,000.00.. } , Comprehensive General Liability, with limits of not loss than $1,000,000.00'per occurrence. Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000.00 a each accident. ' ' , +,4' The SUB -CONTRACTOR shall file Certificates of Insurance, naming OWNER and GENERAL, CONTRACTOR as additional insured, in duplicate acceptable to all parties prior to commencement of work, which shall contain a provision that coverages under the policies 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 inswred. Article & Additional Terms 8.7. No Assignment and Authority to Execute. Each Party hereto i'epr'esents 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, trans&rred, conveyed, hypothecated, or other'v a disposed of any claire or demand relating to any right surrendered by virtue of this Contract. 8.2 Construction of Contract. This Contract is the product of negotiations, joint effbM' and preparation by and among each Party and his or its attorneys- - Therefore, the Parties ' acknowledge and agree that this' Contract shall not be deemed to have been prepared or drafted by any Party or another. Accordingly, 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 Contract. Further, it is expressly understood and agreed that the headings employed in this Contract are for convenience only and do not affect substantive rights herein. 8.3 Partial Invalidity. Should any of the provisions `set forth herein be determined to be invalid by a cowl, agency or other tribunal ofcornperent jurisdiction, such determination shall not „ affect the enforceability of any other provisions herein. 8.4 )Entire Contract. 'Phis Contract supersedes all prior contracts relating to or ansing` from the same subject matter and contains all the terms, promises,` understandings; and Contracts among the parties with respect to the subject matter herein. The parties agree that no promises or inducements have been made which caused any party to sign this Contract other than those which . are expressly set forth herein. 8.5 Binding Effect, This Contract is intended to be final and binding upon the parties .' regardless of any mistake of fact or law or any other circumstances whatsoever. r ` 8.6 Severability. If any provision of this Contract as applied to any party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforneable, ' the same shall, in no way, affect any other provision hereto, the application of such provision in or. Ae i in • a, neo nni IMUl.! AAWI )4AM �W I IMA 71 :7. cnn7 ' ! 1, 42N 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 of which 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, GM4ERAL-CONTRACTOR and/or OWNER shall be entitled to file with the appropriate county authority a Notice ofIkon-Responsibility. Accordingly, neither OwNBR or GENERAL - CONTRACTOR shall accept responsibility for any work performed by anyperson acting under SUB- CONTRACTOit's authority absent the prior written consent of either OwNeR or GENERAL - CONTRACTOR. S.1.0 Tenni nation. Any breach of any provision) of this agreement or default hereunder shall be deemed a material breach entitling GENERAL -CONTRACTOR and/or OwN ER 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, oficers, directors, and employees without any further obligation whatsoever_ IN WITNESS WHERX0 ', the undersigned execute this Contract on the dates shown below. SUB -CONTRACTOR Casa Verde Landscape e. Dazed. 2005 " By: Al Campos, its Presid Svs-CoNTRACTOR's License Dated: 2005 GENERAL -CONTRACTOR Greyhawk, Inc. By: Chester W. Allen, its president Dated: , 2005 OWNER Santa Rosa Trails, LLC. By: Virgil Opfer, its President �. u� r it • J nnn r • nt1 W%11-1 owe u7e/1u 7LJ I DIJ71 7 rnn7 I 1 AP..IA SPECIFICATIONS M ww = ra N �^ fa a' a (j c v n N bI m ad' aa � U S � F � 1 � 21% ` . 1 ,1 N /1 �1 CONSULTANT ~ - P. E. ' • . L 0 T 11 FF=66.50 PPE=66.00 9'-0 S/t&M 3L 4 i 4 / . / n ' f - ................. - � FF=66.50 . 1 I��p�' 0 CSN ®� PE= 6 6.00 , \\11(( , e i BUILDING & SAFETY DEPT. ., APPROVED FOR CONSTRUCTION GARAGE DATE 2, CIS BY G L� GF=66.00 GARAGE :. GF=66.00 r ;; SWIMMING POOL PLAN FOR: NAME SANTA ROSA TRAILS LLC STREET 57 SANTA ROSA TRAILS JOB ADDRESS, LOT # CITY, LA QUINTA } CONSTRUCTION AUTHORIZATIO fil SALES FIELD oic PRE—GUNITE 70'00" UNDERGROUND I1 MASONARY DECK wsia[ravroe yews mew WL -Wm M nwl wu WN Daae uww TILE em w[ w wwD eM.T wlOel eoo DTTIG ERCAVATKRi / Sm M www ww V1Owl /0ww awwnet � we 0®e awl em eww M eTC mwa=mom ICO em wwoRa laws =a wma w wwamioaa Mai w wa rw[ uvw wo • ma wwow weaa w e• w v w vw ora,•� v IN we► oar roo~ 101910, ASWY amM w amwe1wT �. 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