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05-1968 (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: x.05 000019.68 57695 SANTA ROSA TR 762-240-013-10 -30487 - POOL'- RESIDENTIAL LOW.DENSITY RESIDENTIAL 24500 Architect or Engineer: ----------------- LICENSED CONTRACTOR'S DECLARATION BUILDING & SAFETY DEPARTMENT BUILDING PERMIT MFQ FINMCE DEPT I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with /lection 7000) of Division 3 of the Business and Professionals Code, and wfL"ice a is in full force and effect. J License Class: I MM—� "f��..•��\\ License No.,/\2�/�c/ 7 ­6ate: S ' Contractor J�Tp'�` &, i'- n (� 0 /i �)� R P( 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).: 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, as owner of the property, am exclusively contracting with licensed contractors to construct the project ISec. 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.I. - Lender's Name: _ Lender's Address: LQPERMIT Owner: SANTA ROSA DEV 40847 SANDPIPER CT PALM DESERT, CA 92260 Contractor: CASA VERDE LANDSCAPE WCC: GRANITE WC: 9549987. CSLB: 624647 VOICE (760) 777-7012;_ FAX (760) 777-7011 INSPECTIONS (760) 777-7153 MAINT COR 09/05/05 08/31/06 Date: 5/23/05 ------------------7-------------------------- 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 thisJeermit is issued. MI orkers' compensation r c cartje_r�nd policy number are: � - Vl f Q f7 rier �' rwk (b Policy Nu r 1t2 �Q 1 -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 G 700 of the Labor Cod/�e, I shall forthwith comply with those provisions. Dail C� APPlicant: /� R� 1/BIWI=^ YID -(l \_rrl �� 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 (5100,000). 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 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 informatio cor ct. I agree to comply with all city and county ordinances and state laws relating to building constructi ,and here y authorize representatives of this cou ;tter upon the above-mentioned property for insp n purposes. e:S Signature (Applicant or Agent): Application Number . . . . . .05-00.001968 - Permit . . . BLDG POOL PERMIT Additional desc . Permit Fee . . . . 252.00 Plan Check Fee 163.80 Issue Date . . . . Valuation . . . . 24219 Expiration Date 11/19/05 Qty Unit Charge Per Extension BASE FEE 45.00 23.00 9.0000 ---------------------------------------------------------------------------- THOU BLDG 2,001-25,000 207.00 .- Permit . . . •MECH POOL Additional desc . Permit Fee . . . . 26.00 Plan Check Fee 6.50 Issue Date Valuation . . . . 0 Expiration Date 11/19/05 - 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 11/19/05 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 11/19/05 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 r LQPERMIT Application Number 05-00001968 Permit . . . WALL/FENCE PERMIT Additional desc . Permit Fee 15.00 Plan Check Fee 00 Issue Date Valuation . . . . 281 Expiration Date 11/19/05 Qty Unit Charge Per Extension BASE •FEE 15.00 ---------------------------------------------------------------------------- Special Notes and Comments POOL --<&'-SPA ONLY. 13 L.F. 5' EQUIPMENT ENCLOSURE, CITY STANDARD. ALARMS/BARRIERS SHALL BE IN PLACE.PRIOR TO PRE -PLASTER INSPECTION. Fee summary. Charged Paid Credited Due --------- ----- Permit Fee Total 371.00 .00. ---------- .00 371.00 Plan Check Total 189.80 .00 .00 189.80 Grand Total 560.80 •.00 .00 560.80 LQPERMIT ' SUBCONTRACTOR AGREEMENT l This agreement is hereby made between Contractor. Greyhawk, INC. a California corporation i ("GreyhaW) 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, LiQuinta California Subcontractor Federal ID # -;-r Subcontractor license number. Subcontractor's Insurance Company ,r•=-r Policy #: Amount of insurance: $ Subcontractor's Workman's Comp Company Or #:-v cam= Policy #. DESCRIPTION OF WORK TO BE PERFORMED: k Subcontractor agrees to provide all labor, materials, skill and instrumentalities, and perforin all of the work for the Landscaping, Walls and Pool portion of Lot's 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: Y 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. y 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 canmencement of work and/or fumishina labor, services and matenats, to purchase and maintain in force, Workman's Compensation Insurance, and "All Risk" type of Builders 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 r 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. r 6. Scope: Subcontractor shall fumish all labor, equiprnent, materials and perforn all work necessary, indicated, reasonably inferred or required by any code with jurisdiction to complete theirr 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 t ' suitably perform the work. Y ' 7. Availabilfir The parties agree that time is of the essence of this Subcontract Agreement and that it shall be the r - 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 Suboontractors 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 atention to any discrepancies before proceeding with the work. t age 1 r Greyh SubcontractorCAk 9. Cutting and Patching: All trades shall do their own cutting. fitting, patching, eta, to make the several parts come together property and fn it to receive or be received by work of other trades. 10. Clean-up: Subcontractor agrees to dean un and remove all debris arising out of the Performance of its 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 dean 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, eta must be broken down and placed in receptacle provided onside 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. Drugs. & Alcoholic beverages will not be tolerated on the job at any timel 12. Inspections: All inspections for work completed in accordance with the Contract and Agreement are to be scheduled by the Subcontractor, and Subcontractor 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 GreyhawIr, 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 cast 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 its work will be deemed acknowledgement by Subcontractor that such work is fid 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. Safetv: 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 ad or omission, whether active or passive of. (a) Subcontractor, (b) anyone directly or indirectly employed by subcontractor, or (c) anyone for whose ads 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 ,n�� Greyhawk (�j_Subcontractor l A 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 ad by Subcontractor in the performance of this Subcontractor Agreement, or otherwise, Greyhawk, or Owner, may, at its 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 tower tier subcontractors or suppliers; (c) Subcontractor" failure to property pay for labor, materials, equipment or supplies fumished 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 Subcontractors 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 property execute work, Subcontractor shall promptly notify contractor of same. 27. Equal Opportunity Clause: During the performance of this contract, the subcontractor agrees as follows: "(1) The Subcontractor shall not discriminate against any employee or applicant for employment, because of race, color, religion, sex or national origin. The Subcontractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The subcontract agrees to post in conspicuous places, available to all employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. "(2) The subcontractor will, in all solicitations and advertisements 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 workers representative of the subcontractors commihnents 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 fumsh 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 subcontractors non-compliance with the nondiscrimination clauses of this contract or by any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the subcontract may be declared ineligible for further Government contracts, or federally assisted construction contracts in accordance with Executive 11246 of September 24, 1965, and such other sanctions that may be imposed and remedies invoked as provided in Executive 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise as provided by law. "(7) The Subcontract will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order, unless exempted by rules, regulations or orders of the Secretary of Labor Page 3 Greyh 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. %- wFity. Subcontractor shall be responsible for the security of its tools, equipment and supplies, on and offsite. Greyhawk and Owner shall have no liability for toss 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 Suboonbactorrs 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 Per Lot Walls @ $41.50 per Lineal Foot Pools @ $24,500. each 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: GREY C. Date K) r-1 S S ubcontractor Date • •, of r ,. 1 , CONTRAC'T'OR AGRFMMRNT THIS AGREENIENT is entered into by and between CASA VERDE LANDSCAPE, hereinafter called the SUB -CONTRACTOR, GREY HAWK INC., hacinaftr called the (IMMAL- CONTRACTOR, and SANTA. ROSA TRAILS, baekaftw 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 voluble consiuleratma, the adequacy of which is hereby acknowledS4 SUB-CONIRtCTDR, ' Gm%atAL=CcmTRAcrox and OwNM agree as follows: Article 1. Scope of the Work SUB -CONTRACTOR shah fiunishall of the materials and perform all of the work shown on the Drawings and/or described in the deo nsas set 1bith hereb below on property located at AVENUE 58 NEST OF MADISON AVE., TRACT# 30487, specifically identified ham as lot #—ZP_ in the Santa Rosa TraIs project. Article 2. Time of Completion The work to be performed under this Contract shawl be commenced on or before 2005 and shall be completed on or before _f Z Z , 2005. The , parties hereto admowledge and agree that time is ofthe essence, and any default u;Wer this paragraph shall const&ft a maerial breach -of ft agrement entitling GmuntAL-CONTRACTOR to liquidated damages in the amount of 5200 per day ants any breach or default hereunder is cured to the satisfaction of both GENE AL -CONTRACTOR and OWNER, However, should SUB- CONZRACTOR fa0, fior whatever ream, to Cure any such breach or default wkbSn ten (10) calendar days of receiving veal notice of default hereunder, then this contract may be terminated in it s e0druty. Upon termination, OWNER and/or GENERAL CONTRACTOR shall be entitled to Hquidared damages in an amount equal to the lesw of $200 per day from the initial date of dela dt, or $20,000. The following constitutes substantial completion of work pursuant to this proposal and ` contract: 12'X 20' POOL AND SPA COMBO DEPTH Y0".'I'9 5'0". (RECTANGULAR AND ' FREEFORM) , PULL NECESSARY PERMITS PROVIDE STRUCTURAL ENGINEERING PLANS ` EXCAVATE STEEL STRUCTURE PER ENGINEERING PLANS AND CITY CODE INSTALLATION OF 1 Yz" PLUMBING USING ALL NON -CORROSIVE SCHWULE 40 AND 80 PVC. 1 V2" PVC GAS LINE 7" SPA WITH 5,JETS SPA, RAISED 18" ANTI VORTEX DRABS AND DUAL PORT SURFACE SK AUTO FILL LINE _ r ,i•4 ' .. .. • ' � �,r ' ` - tib/ � `- CY • f .� ." -xis' r, ., ,. GROUP 2 TILE 220 VOLT TIME CLOCK WITH STANDARD svtTrcH FOR LIGHTS 300 WATTS POOL LIGHT AND 100 WATT SPA LIGHT " POOL EQUIPTW ENT'_ 1 % HP PENTAIR PUMP, 250,000 l3TU HEATER, 420 SQ,FT. PENTAIR FILTER' ' STARTUP WITH CBENUCALS PASS RTNAL INSPECTION , PRICE BASED ON 1 LOTS FOR STANDARD POOL PRICING r.. $24,500.00. ,• ,� Article 3. The Contaact Pdce GENERp,L­CONTRAcmR sly pay Sim-CONIRACMR for the Material and labor to be performed under the contract, the sum of twenty two thousand Dollars ($24;500.00), subject to additions and deductions pursda w to change orders authorized in Writing and signed by GENERAL-CONTRACPOR, or GE4£RAL-CONIRAC70R's au#horized agent. Article 4. Progress Paymtews and Upgmdes Payments of the Contract Prue shall be paid in the manner following; 1� PAY]MENT AT EXCAVATION COMPLETION $5,512.50 (22.5%) 2°d PAYM M AT STEEL COMPLETION `' $5,512.50 (22S%) ; 3i° PAYMENT AT GUNITE COMPL&T_ ION W $5,512.50 (22S%) w ` 41° PAYMENT AT -POOL START UP ' *`` ,_. r $5,512.50(22-50/0) RETENTION $2,450.00(100/,) -' In addition, it is contemplated that home buyers may or . . request, require deviation from the general description and/or scope ofwork outlined above in Article 2. The parties hereby acknowledge and agree that Owmm shall be eirtitied 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 S. General Provisions Any alteration or deviation from the above specifications, inc 1 . spec' rations, holing 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 OWNS GMELMeCONMACTOR and SUB- CONrRAMOR. ' If there is any charge for such alteration or deviation, the additional charge will be added to the < contract price under this contract, owe it is approved in writing by G'ENFzgL-CoN1k&&mR. If payment is not made when due, SUB -CON RACrOR mai; 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 ofthe payment shall be deemed a watenal breach of this contract. In addition, the following general provisions apply- ' .. _ ',''' ... ..ear{1 a ,r .l • ". ., J 5.1. All work shat( be completed in a workman-hke man= and iaa connpiia = with aR bufiftg codes and other applicable laws_ TO that end, SUB-CON7MCTOR SW demonstrate to the reasonable satisfaction of ( aY.-CvTIURACTOR that SUB- CONTRACTOR is in possession of all applicable permits, licenses, and approvals, prior to tib nommen a mm of wok on the project. Faihue to obi or possess., any such permits, licenses, an&or approvals prior to commencement ofwork on the project shall constitute a material breach ineeof en*ft GMML4L _ CaWMACrOR to liquidated damages imp the amocmt of $200 per day until amy breach or default header is cured to the satisfaction of both GEMAt - CONIRACPU1t and OWHBR. However, should SUB-(-ONTMC OR fail, for whatever reason, to cure any Bach breach or default within ten (10) calendar days of - receiving verbal uotice Of defink then this contract may be termimW in it s entirety- Upon ftMkMdDn, OWNM and/or GDMRAL CONTRACTOR Shall be entitled to liquidated damages in an amount equal to the lesser of $200 per day from the initial date of defauk or $2%000. 5.2. The SUB -CONN ACT R Shall fianish a plan aad scale drawing showing the shape, sIze dhnensioa% and construction and equipatan specifications for each pool, a description ofthe work to be done and desQVtJon ofthe materials to be used and the equipment to be used or fintalkx4 and the agreed considerdtion for the work. 5.3. SUB -CONTRACTOR hereby promises, g and wawants that aA woik on the project shall be performed by individuals duly licensed and authorized by law. to perform said work. Any breach hereof is deemed a imatmal breach entithag GE4MM,CONTRACTOR to liquidated damages ion the amount of $20,000. 5.4. SUB -CON IItACTOR may not, ander ally cincn�mstaana;s any subSvs- CoNTRA,CTORs to pufarm work hereunder absent the prior written approval of C3EN -CONTRACTOR. In the event that cTOR agrees to allow SUB-CONTRACmR to him sub-SUB-Comiuc oRs GENERAL-CONTRACTop shall be entitled to pay said subSUB-CONTMCTOR dir=ity for work performed. All amounts paid to any Sub -SMI -CONTRACTOR shali be deducted 6 -ow the fwal contract price to be paid by C:EMw L -CON RACTOR to SUB -CONTRACTOR_ Notwithstanding the £Dregoing, SUB -CONTRACTOR shall, in all Witaunces remain responsible for the proper and tialy completion of this Contract. 5.5. SUB -CONTRACTOR shall fmmish GENEM-CONTRACTOR appropriate releases or waivers of lien forall work performed or materials provided at the time the next pnitodic payment shall be due. 5.6- All change orders $ball be in writing and signed both by GeM AL -CONTRACTOR and SUB-CONIRACTOR, and shall be krcorporated i% and become a part ofthe contract. 5.7. SUB -CONTRACTOR shall at its own expense obtain all permits necessary bor the. work to be perfor7med_ 5.8. SUS-CON•IRACPOR agrees to reprove all debris and excess diet. And, shall leave the premises in clean condition, 5.9. In the event GENERAL CON "CMR shall fad to pay anY periodic or installment payment due hereunder, SUB-CONTRACTOR may cease work without breach , pendfu8 payment or resolution of any dispute. 5.10. In the evetrt of any dispute arisnng hereunder, exch�ive jurbdict on and venue shall vest in any court of cornixteutiurisdictiOnin 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 foramr delay due to cin cumstaum beyond its control including shrikes, c=atty or general unavailability of mate rials. 5.12. R warrants all work iibr a period of one year, or 12 calendar mouths following cornple O n Of the contemplated work, Article 6. Indemtnibtea�ion To the fullest extent permitted by law, tom' SUB-CoMIRACMR shall indemnify, defimd and hold harmless GREY HAWK INC., SANTA ROSA TRIALS, LLC_, and Southwest Community, Bank and all of their agents and employees, from and agw ast clams, damages losses and expenses, mchhding but not linked to attorney's kes„ arising out of or resulting from performance of the work or providing of materials to the extent caused ion whole Orin part by negligent or. wrongfid acts or omissions of, or a breach of this agrees by the SUB-CONTRACTOR, a sub- contractor, a wove dwectly or mdreetly employed by them .or anyone whose acts they are legally responsible. Article 7. baswrance , Tote SUB-CON[RACTOR represents that it has Purchased and agrees that it will keep in force for the duration ofthe perform mance ofthe work-or for such longer term as maybe required by this agreement, in a eompauy or companies lawfully authorised to do business is the State of CaRbrnia, such ice as wM protect SUB-COMRACTOR, QwNER, mW GENAL; CONTRACTOR from cW= for loss or injury which might arise out of or result from the SuB- CONTRACTOR's operations under this project, whetha such Operatwas be by SUB-CONIMCTOR or by a sub-contractor or its sub-contractors. SUB-CONiRACPOR fiuther represents and agrees that said Wsws= is written for and shall be mamtanned in an amount not less than the Bruits of the liability specify below or required by ' • law, whichever coverage is greater. The SUB-CONTRACTOR comes that coverage written on a "Claims made" form will be maintained without Mnvption from the commencement of work until the expiration of all applicable statutes of limitation. 1) Worker's Compensation $1,000,000.00. 2) Compreiuendive General Liability with limits of not loss tdum $1,000,000.00 per occurrence. 3) Comprehensive Automobile Liability (owned, tion owned, hivo of $1,000,000.00 each accident. The SUB-COMRACPOR s1aII file Cel of Dunce, mooMS OWNEK and GENERAL, CoNTRACrOR as additional insured, in duplife acceptable to all parties prior to commmement of work, which shall contain a provision that coverages under the policies shall not be cancelled or allowed to eVire or permit material changes until at least 1 year (365) days written notice has been given to additional bsu red. , Article & Additional Tenn &I No Assignment and Authority to Execute. ISach Party hereto represents and warrants that it has the sole tight and authority to execute this Contract on its respective behalf and the it has not sold„ asstned, trawfizred, convayed, bWotliecated, or otherwise disposed of any claim or demand relating to any right swam fixed by virtue of this Contract- 8.2 ontract 8.2 Cowitructlon of Contract This Contract is the product of negotiations, joint effart, and preparation by and among each Party and his or its attorneys_ Therefore, the Parties acknowledge and agree that this Contract s1taH not be deemed to have been prepared or drafted . by any one Party or another. Accordingly, the normal rule ofconsttuc tion to the effect that any ambiguities are to be resolved agaaist the dra$mg party shall not be employed in the interpretation of this Contract. Further, it is expressly understood and agreed that the headings F employed in this Contract are fur convenience only and do not affect substantive rights hersm. 83 Partial lava lidity. Should any of the provisions set forth herein be det=ained to be invalid by a court, agency or other tribunal of competent jurisdiction, such determination shall not affect the en forceabilo of any other provisions herein M Entire Coubact This Contract super cedes all prior cotes Taxing to or arising from the same subject matter and contains all the terms, promises, understandings, and Contracts among the parties with respect to the subject naMer herein. 'rhe parties agree that no promises or inducememo have been made which caused any party to sign this Contract other than those which. are expressly set forth hiterein. t 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. 8.6 Severabft. If any provision ofthis, s, Contract as applied to any party or to •any, circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable, the same shalt, in noway, affect ww other provision hereto, the apprrcation of such provision in or to ally other circumstances or the validity or enfocoeabiliaty ofthe release contained herein as a '..` whole. &7 Modification of Contract No supplement, tnodificadM waiver, ofaxamdment with respect to the Contract shall be binding unless executed in writing by the party agaiiast whom , endorcemgmt of such supplement, modification, waiver, or amendment is sought. ` 8.8 Execution in Conaterlpazt the Patties and their counsel shall amute two (2) ` originals oft!& Contract, each ofwWch may be executed in one or more counterparts whdch- , together shall constrtutie a single instrument. Aller Win, one original shall be delivered to counsel for Casa Verde and one origitml dM be delivered to counsel for Saadta Rosa: 7 8.9 Notice of Non-Rm pons -Why. In orfr to effiCivate the protective tam of this y Contact, Get.-ComRAcrm and/or C"Ea sba be entitled to We with tip appr%nift ` county authority► a Notice ofNon Responsibr7idy_ Accordingly, ruexkher OWNER or GFNERAL- CoNTRAcmR spall accept respowbil y for any work Ier&rmed by any pawn acing under SuB- COMxaCroR's authoridty absent the prior written consent of either OwNBR or GaMtAL- CvNTRCTOR. ., &10 Termftation., Any breach ofany pwviskn oftWs agreed or deihult hereunder shall be deemed a material bleach entitfing GOMAL-CONMACTOR and/or OwNnt to tern ate this, and any other contracts, ate, obligations, and/or relationship they may have with ; SUB-CoNTRAcroR or its prmcip* agents, sub -contractors, shareholders, offs, directors, and employees without any fiather obligation whatsoever...."4 F _ IN WPINEss Wm1[t oF, the wed execute this Coact on the dates shown below. r SUB-CONTRA,t Casa Verde 'IIIc. Hated: (.d y ,Zoos Mp aS+ nse #_ =CO 'S 2Q05 . 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A RE-INSPECTION FEE OF $30 �ao� Need good oNIwwlMs ,• - - . - . , - - ,.� - _- WILL BE CHARGED IF THE APPROVED PLANS AND JOB CARD ARE NOT ON • _ -- . -•� THE SITE FOR A SCHEDULED INSPECTION. - � 09'59=�0 ... NO EXCEPTIONS! ' CITY OF LA QIJi��r1� • 9ss=3d • .. _ BUILDING &SAFETY DEPT. . FOR CONSTRUCTION I ®... >.. DATE 5�l 2 3 I oS By � N I ® 09'59=3d � 0199=�� y i • 1 I. O 00'0/_ - rl