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05-1949 (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: (OS -00001949__ 57721 SANTA ROSA TR 762-240-013-9 -30487 POOL - RESIDENTIAL LOW DENSITY RESIDENTIAL 24500 Architect or LTJ BUILDING & SAFETY DEPARTMENT BUILDING PERMIT MAY 2 3 2005 OF LA LICENSED CONTRACTOR'S DECLARATION --I hereby affirm under penalty of perjury that I am licensed under rovisions of Chapter 9 (commencing with /Section 7000) of Division 3 of the Business and Professions ode, and my Lice is in full force and effect. r/ License Date:S 3 Contractor: S� U�r CSC. ►.c1Xn pC tJ ��� OWNER -BUILDER DECLARATION I hereby affirm under penalty of perjury that 1 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 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.). (_) 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: LQPERAHT 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: 5/20/05 WORKER'S COMPENSATION DECLARATION hereby affirm under penalty of perjury one of the following declarations: ' I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this ermit is isus9ed. M1)workers' compensation insurance carrier and policy number are: (t/-J_�-G_ rrier C-27 Policy Numbe L _ 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 700 of the Labor Code, II shall forthwith comply with those provisions. QJ, we LAPPlicantf. rS'TthU u —:S; 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 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 inform�,.I agree to comply with all city and county ordinances and state laws relating to building constructiauthorize representatives of this cou t enter upon the above-mentioned prope i ect' Dat ds Signature (Applicant or Agent): LQPERAf1T Application Number . . . 05-00001949 Permit. BLDG POOL PERMIT Additional desc.. .Permit Fee 252.00 Plan Check Fee 163.80 Issue Date . . . . Valuation . . . . 2450-0 Expiration Date 11/16/05 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 11/16/05 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 11/16/05 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 11/16/05 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 ----------------------------------------------------------------------------- Special Notes and Comments POOL & SPA ONLY. ALARMS/BARRIERS SHALL BE IN PLACE PRIOR TO PRE -PLASTER INSPECTION. EQUIPMENT ENCLOSURE NOT LQPERMrr Application Number 05-00001949 ' -------------------------------------------------------------- Special Notes and Comments ---------------- INCLUDED IN PERMIT. Fee summary Charged Paid Credited Due Permit Fee Total 356:00 .00'' .00 .00 356.00 Plan Check Total. 189.80. .00 :00 189.80 Grand Total 545.80 .00 .00 545.80 LQPERMrr SPECIFICATIONS TVs I�r- c U o n Qo < m ei > 7 � � � n 0 MWIM a, { L All1 r �1 L' - .. 70.00' nneot ea a ran iawm r ovaw m + VAX 9SPA SPECIFICATIONS wQ 9—, Z u R R► or wu lm Ana waw.R treu�• wun Tna num wm uw aNes wLp .P. E. F777'G LOT 9 ® FF=65.80 PE=65.30 T PLAN 3L 5'-9 11/16/ . ... 24' - 0' 2/-7 11/16" . . FF=65.80 PE=65.30 GARAGE GF= 65.30 GARAGE GF=65.30 y :... :::. • CITY OF QUINT!-� BUILDINI $ SAFETY DEPT, APPROVED FOR CONSTRUCTI9N ' A K d 4 R - • •LA SWIMMING POOL PLAN FOR: NAME SANTA ROSA TRAILS LLC STREET 57=721 SANTA ROSA TRAILS weu wpm DECkINC EXCAVATION / STEEL Tam e>m„w, sea,wm ° a ocww otam oawi eww*A os s w ut RAt .EWA wm la OwwL R '�'°'°"` '� .mw�dawwlL e.00< wa tO FIR ww.�w"e'e� rug tr X� ar PLO mu www au PUII�ING am a "Mom— P in wwm w. a ernw�. — m w.� e , am W= lw..l11. Owe Tea mm wImao w m ww R iwwa.NewlnRR wa L'mwI00L _N WA nu m mwlRn rn FFNCMG � ns walr ON from weow.ouo ivaweo na GUNITE ow so � sum WL RIR eR owwuo OTHER aOwo{ NAA-MIM OWNERftwumbimuntz �m Daum M m NR�Welummomi ==O NapLAM GO a= IWL weuw OMMMM AT W W waves V PM" W Awn now mm nLauw nava IVf a uP tMN wCLw OTelm (Q nRRamQa le0f olm.wmIw1YIlcMnae1w= awwowa eweeaewiaRQ ADONOwlW=UwRaoL0newwMetaew. w a can ru wwwn oua ee orao[ Dom w loon amo Is. voo<oRauw m FUPMmmlarenRNJ= Wmmmos—aomuoiwwnweo m nlwgQWTOOo.uw.+nmwonnror MMMC MUAWw W mmww w ODew"=LMc= [motwwpm RUw om OIIwIY weL 1m4 ew elwor IaGTawl ew wf rn 7R ea�/e ew rTm ews SNAYNINC POOL PLAN FOR: NAME SANTA ROSA TRAILS LLC N%ES& SANTA RUSA SO ' UaWr OFFICE S T TRACTPAW WOK HEAP BD PAGE Na MAW CfflCr PKaNE NM ALE 1/4 DATE DRAWN BY I SOLD BY CHECKED BY REVISI❑NS DATE 1 2 3 4 JOB ADDRESS, LOT # 9 ICITY, LA QUINTA 5 11 CONSTRUCTION AUTHORIZATIO SALES FIELD DIG PRE—GUNITE UNDERGROUND MASONARY T DECKSIGNATUREt SELECTIONS ST@E Tom' DERS CDLDR E c Y PEWPLAS ..,... Drelneae and briootlon for plentero and Dote, bV. 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 #: G., Subcontractor license number. Subcontractor's Insurance Company Policy #: Amount of insurance: $ Subcontractor's Workman's Comp Company en— -, Policy #: 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 %'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 drawings) 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 Specfication 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 commencrement of work and/or furnishincr labor, services and materials. to purchase and maintain in force, Workman's Compensation Insurance, and "An.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 Caldbmia corporation, as general contractor, and SOUTHWEST COMMUNfTY 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. Availabilfir 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 Suboontractors 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 Architecrs attention to any discrepancies before proceeding with the work. Page 1 Greyhawk Subcontractor 9. Cutting and Patching: All trades shall do their own cutting. fitting. patching, etr- . to make the several parts come together properly and fit it to receive or be received by work of other trades. 10. ea - Subcontractor agrees to dean w and arising out of the wriarw I of irs work. and to leave fie premises is a broom Swept raked or graded dean ggagign. All trades shall. at all bines, keep the premises free froth accumulation of waste mateftis or rubbish caused by their work. At the completion of each stage the work subcontractor to remove as rubbish, tools. scaffolding, surplus materials and leave the job in a broom dean condition. ALL SUBCONTRACTORS SHALL PICK UP AND DISPOSE OF THEIR OWN BASIS, INCLUDING LUNCH T TRASH ON A GAILY RASH. No eating shall be allowed inside the houses. ff shelter is needed. the Subcontractors may eat inside the garages. The Jobsite will have designated trash areas) bins. An boxes, cartons. etc. must be broken down and placed all receptacle pfovided onsite by said Subcontractor. Failure of Subcontractor to pick up and dispose of their own trash will n ti imurn $250 back -charge to Subcontractor. All trades will dean up and sweep constructionw lunchtrash 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 jobstte to meet directly with the City hwpecWm 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 saidwithin the job Suboontradom trade will be allowed. Ad Suboontradors slum comply with posted job speed limit site at all tunes. 14. Access to Work: The Owner, Owners representative, Greyhawk, and public authorities shall at all times have access to the work. 15. Chages: All changes and deviations in the work ordered by the Owner and/or Greyhawk, must be in writing, and the contract sum amount, being used or decreased, age 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 ennhedWety of any problems on the job. 17. Work Defects: The Subcontractor agrees to re ezekarte any work which does not conform to the drawings and specifications, warrards the work performed, and agrees in remedy arty► defects resulting from faulty materials or workmanship which stall become evident during a period of one year after completion of the work. 18. Other TradesWork 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 do to the General Contractors attention- in the event another Subcontractors work is damaged, the Owner andfor General Contractor reserves the right to charge this Subcontractor cost plus overhead at the rate of 15% of the back -charge. 19. !_enure to Report Subcontractors failure to prompty 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 irs work will be deemed acknowledgement by Subcontrador. 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 Subcontrador to justify ifs failure to perform. 20.Safety: Precautions shall be cued at all times for the standards set forth by Cal OSHA for this type of Subcontractor's work, as detailed in attacked Injury and Illness Prevention Program. 21. Risk: All work covered by the subcontractagreement done at the site of construction. or in preparing or detrvering materials or equipment, r any or all of them to and from the site. shall be at the sole risk of Subcontractor, exclus ively. or the fullest extent permitted by law, Subcontractor shall, with respell to all work which is covered by. or lncidental to this Subovntrador 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 (inckiding Costs. expenses and at6Dmey's tris), arising from, or related to the deatN bodily injury to persons. injury to property. design defects originated by subcontractor, or other loss damage or expense. Subcontractors duty to indemnify shall include an damages cause, or alleged to be caused in whole or in part by any negligent ad or omission, whether raa eve ° r whose ads sussive . (a) Subcontractor. may (b) anyone directly or indirectly employed by suboontrador; or (c) anyo tractor 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 Shan be made by Greyhawk and Owner and Subcontractor shall abide by age 2 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 ad 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 Gable arising out of, or relating to the Subcontractor Agreement and caused by Subcontractor, or its lower tier subcontractors or suppliers; (c) Subcontractor" failure to property 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 Subcontractors 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 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 ter rhs 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 promptty notify Greyhawk, or owner, in writing, of any perceived or alleged inconsistencies, conflicts with any other structures, ambiguity, hack of detal,.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 worts, including, but not limited to the cost of correction. Should response from architect be insufficient to property. execute work Subcontractor shag 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 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, 19$5, 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 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 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 eirter into such litigation, with a subcontractor or vendor as a result of such direction by the'agency, the subcontractor may request the Uniited,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 Suboontractors 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 •tte reof. 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 attaddendum attached thereto and made a part hereof. Payment shall be made,' using a voucher system, through the projects 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: GR A ,.Inc. Date y� Subcontractor Date age 4 Greyhawk.ef -; Ubcontractor k CONTRACTOR AGRFXbHM THIS AGREEMENT is entered 'into by and between CASA VERDE LANDSCAPE, .hereinafter called the SUB-CON)IRACToR, GREY HAWK INC., hereinafter called the GENERAL- CoNTRAcToR, and SANTA. R.OSA, TRAHA herewfier caked 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 -CONTRACTOR, CTENER?►L-CONTRACTOR and OwMR agree as follows: Article 1. Scope of the Work Sus-CONIRACTOR shall ftmish all of the materials and perfnaan all of the work shown on the Drawings and/or dem in the specifications as set forth hez)&below on property located at AVENUE 58 WEST OF MADISON AVE., TRACT# 30487, specifically identifid hereiuot as lot #_-q- in the Santa Rosa Trails project. Article 2. Time of Completioaa - The work to be performed under this Contract shall be commenced on -or before S 19 , 2005 and shall be completed on or before G - 3 I — , 2005. The parties hereto acknowledge and agree that time is of the essence, and any defm* under this paragraph shall constitute a material breach of this agreewent entitling GEKELA>L-CONTRAcroR to lid damages in the amiount of $200 per day until any breach or default hereunder is cured to the satisfaction of both GENERAL-CON'IRACTOR-and OwNEF- However, should SUB- CONTRACTOR f 1, for whatever reason, to cure any such breach or def PA within ten (10) calendar days of receiving verW notice of default hammaider, then this contract may be terminated in it s entirety. Upon teunbation, OWNER and/or GiPNwAL CONTRACTOR shrill be entitled to liquidated damages Tan 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. COMBO DEPTH 3b" TO 5'0" (RECTANGULAR AND FREEFOR1Vi) PULL NECESSARY PEW01TS PROVIDE STRUCTURAL ENGINEERING PIANS EXCAVATE STEEL STRUCTURE PER ENGINEERING PLANS ASID CITY CODE INSTALLATION OF 1 %" PLUMBING USING ALL NON CORROSIVE SCHEDULE 40 .AND 80 PVC. 1 1/a' PVC GAS LINE 7" SPA WITH 5 JETS SPA RAISED 18" ANTI VORTEX DRAINS AND ]DUAL PORT SURFACE SKWMER AUTO FILL LINE GROUP 2 TILE 220 VOLT TIME CLOCK WITH STANDARD SWITCH FOR LIGHTS 300 WATTS POOL LIGHT AND 100 WATT SPA LIGHT POOL EQUIPTMfiNT: 1 V2 HP PENTAIR PUMP, 250,000 BTU UEAT A 420 SQ.FT. PENTAIR FILTER START UP WTITI CHEMICALS PASS FINAL INSPECTION PRICE BASED ON l LOTS FOR STANDARD POOL PRICING $24,500.00. Article 3. The Contrast Price Gat L -CONTRACTOR shall pay SUB-C,ONMACMR for the material and labor to be Pei fox - nod under the contract, the sum of twenty two thousand Dollars ($24,500.0, subject to additions and deductions pursuant to change orders authorised m writing and signed by GENERAL-CANTRACPOR, or GmQmAL-CON'TRAcMR's authorized agent. Article 4. ZP'rogrew Payments and Upgrades Payments of the Contract Price shall be paid in the nomner folknvb g: 1* PAYMENT AT EXCAVATION COMPLX-MON $5,512.50 (22.5%) 2A PAYMENT AT STEEL COWLETTON $5,512.50 (22.5%) Yd PAYMENT AT GUNITE COMPLETION $5,512.50(22-5%) 4'h PAYMENT AT POOL START UP $5,51250 (22.51%) RETENTION In addiction, it is contemplated that home buyers may request, or requure deviation from the g®nezal dascription and/or scope of work outlined above nn, Article 2. The parties hereby ackmowmdge and agree that OWNER shall be entitled to collect, and SUB-CoNvA.cmR shall pay an amount to 10% of the gross sales price of any deviation or upgrade charge to the partimft home buyer. Article 5. General Provisions Any alteration or deviation from the above specifications, includWS but not limited to any such alteration or deviation involving additional material and/or labor costs, will be valid only, upon written authorization, saved by OWNM GOMRA1,CMIRACTOR and SUB -CONTRACTOR. If there is arty charge for such alteration or deviation, the additional charge wdl be added to the contract price under this coact, once it is approved in writing by GOAL-CON7RACTUR. If payment is not made when due, SUB-CVNTPACPOR may suspend work on the job until such time as all payments due nave been matin. A farlure to make payment for a period in excess of 15 days from the due date of the payment shall be deemed a xnate ial breach of this contract. To addition, the following general provisions apply. 5.1. All work shall be completed in a workman -like manner and in compliance with all bc&dmg codes and other applicable taws_ .To that end, SuB-CONTRACTOR shall demonstrate to the reasonable scion of Gam.-Cov[ttAc mR that SuB- CONTRACTOR is in possession of all applicable permits, licenses, and approvals prior to the emew of wok on the projeci. Failure to obtain or possess., any such permits, licenses, a zWor approvals prior to commmcmatofviork on { the project shall constitute a material breach hereof entitling GENIAL- CvNTRACtoIi to liquidated damages in the amount of SLL00 per day until awry breach or deAwk hereunder is cured to the satisfaction of both GENMAL- CONTRACTOR and OWNEV_ However, should SUB-Ccm> ACWR fail, for whatever reason, to cure any such breach or default widiin ten (10) calendar days of receiving verbal notice ofdeb* then this corfct may be terminated in it s entirety. Upon teaamiooation, OWNER and/or GDMRA,r. CONTRACTOR shall be entitled to liquidated damages is an amount equal to the leer of $200 per day ftom the ioaM date of default, or $20,000. 5.2. The SUB -CON RACMR shall finish a plans and scale drawing showing the shape, size dimensions, and construction and equipment SpeCifi02fiDnS for each pool, a description ofthe work to be done and description ofthe materials to be used and the equipment to be used or fid, and the agreed consideration for the work. 53, Sus-CoN PACtoR hereby promises, guarantees, and warrants tout all work on the project shall be performed by bdxviduals duly licensed and authomed bylaw to perform said work Any breach hereof is deemed a material breach, entitling G CTOR to liquidated damages icor the amount of $20,000. 5.4. SUB -CONTRACTOR. may not, ander any cengage any subSU$- COMRACTORs to perform work h%vuDder absent the prior written approval of GENERAL -CONTRACTOR. In the event that GE MW.,CONTRACT'OR agrees to allow SUB -CONTRACTOR to hire sub -SUB -CONTRACTORS GDMRAL-CONTRACTOR shall be entitled to pay said snbSuB-CcNTRACToR directly for work performed. All amounts paid to any sub-SUB-CMf ,CTOR shall be deducted from the inial contract price to be paid bj Gm4EmL-CoNutACToR. to SOB-COrrTRA,cToR_ Notwithstanding the %regoing, SUB -CONTRACTOR. Shall, in all instances remain responsible for the proper and timely completion of this Contract. 5.5. Sus -CONTRACTOR shall firmaish GENERAL -CONTRACTOR 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 signed both by GMUMAL-CONTRACTIOR and SUB -CONTRACTOR, and shall be hmorpor ded int, and become a part of the contract. 5.7. SUB -CON ACTOR shall at its own expense obtain all permits necessary for the t�� work to be performed - 5.8. SUB-CoNTMC OR agrees to remove all debris and excess dirt.. And, shall leave the premises in clean condition. .5.9. In the evatu GENERAL-CoxntacmR shall ffit1 to pay any periodic or installment payft nt due hereuuider, SUR-CoNTRAcmR may cease work without breach pending payment or resohdion of any dispute. 5.10. lin the event of any dispute arising hereunder, exclusive jurisdiction and venue shall vest in any court of competent jurisdiction in the County of San Diego. This conttad shall be deemed to have been entered into in the County of San Diego. 5.11. SM -C ONMAMOR shall not be liable for any delay due to circumstances beyond its control Wcluding st IVS, casualty or general unavailability of materials. 5.12. SUB -CONTRA OR warrants all work for a period efone year, or 12 calendar months 5ollowing completion of the contemplated work. Article 6. IndemajAcst hon. To the fullest extent perratted by lave, the SUB -Coxa . shall indemnify, defend and hold harmless GREY HAW INC., SANTA. ROSA TRIALS, ILC., and Southwest Community Bank and all of their agents and employees, from and amt clam damages, losses and expenses, including but not lipa*ed to attorney's fees, arising out ofor resulting from performance ofthe work or providioag of materials to the extent caused in whole or in part by negligent or wrongfid acts or omissions of or a breach of this agreen ignt by the SUB-C.ONTRACrox, a sub- contractor, contractor, anyone directly or indirectly employed by them or anyone whose acts they we. legally respon�.s�ible. Alttkle 7. Insurance Tlte-SUB-CON'tIfACTOR represents that it has purchased and agrees that it will keep in force for the duration ofthe performance ofthe work -or for such longer term as may be required by this agreement; is a company or companies lawfully authorized to do business in the State of Califonria, such insurance as will protect SUB-CoNTRACrox, OWNER, and GENERAL- CoNTRACroR from claims for loss or irgury which might arise out of or result from. the SuB- CONTRACTOR's operations under this project, whether such operations be by SUB-CON7RAC OR our by a sub -contractor or its subcontractors. SUB-CoNTRAcrop, firrther represents and agrees that said Wscuaroe is written for and shall be maintained in an amount not less than the kraits of the liability specified below or required by law, Whichever coverage is greater. The SUB-CONTRAMR certifies that coverage written on a "clam made" form will be uWatained without interruption from the commencement ofwork until the expiratiorii of all applicable statutes. of limitation. 1) Worker's Compensation $1,000,000.00. 2) Comprehensive General Liab7ity with lits of not loss than $1,000,000.00 per occurrence. 3) . Conaprehcndve AutomobBeLiabgky (owned, non -owned, brined) of $2,000,000:00 each accidetrt. Tbc SUB-CMtAC OR $hail file C.MWCa2es oMuuaaoe, DOMMg OWNER and QMRAL- CONTRACTOR as additional ,iced, hi duplicate ac cq table to all parties prior to comn6mement of work, which. shall contain a provision that coverages under the policies shall not be cancelled or allowed to expire or permit material changes uwJ at least 1 year (36�) days written not" has been given to additional b=ed. Article 8_ A.dditiond Term $.I leo A9sIpment and Authority to Emmute. Each Party hereto represeM and warrants that it has the sole ri& aced authority to execute this Contract on its respective behalf and that it has not sola, assign, transferred, com►eyed, hypothecated, or otb-qwise disposed of any claim or demand relating to any right gendered by virtue of this Contract. 8.2 Construction of Contract This Contract is the product of negotiations, joint effort, and preparation by and among. each Party and his or its attorneys. Therefore, the parties acknowledge and agree that this Contract shall nut be deemed to han+e been prepared or drafted . by any one Party or acmther. Aceordia&, the normal rule of construction to the elect that any ambiguities are to be resolved against the drafting party shall tat be employed in the interpretation of this CointracL Further, it is expressly understood and agreed that the headings employed in this Contract are for eonvenienm only and do not affect substantive rights harem. 8.3 Paul bavallAty. Should any of the provisions set forth herein be deternifiled to be invalid by a court, agency or other tribunal of competent ,jurisdiction, such determination shall not affect the enforceability of any other provisions herein 8.4 Entine Coutraa t Thais Contract supersedes all prior cotes relating to or arising from the same subject natter and contains all the terms, promises, understandings, and Contracts among the parties with respect to the subject matter herein. 'Ile parties agree that no promises or inducements have been made which caused any party to sign, this Convact other than those which are expresso set forth herein. S.S. Binding lEffect. This Contract is intended to be final and binding upon the parties regardless of any mistake of fact or law or any other circ uzstances whatsoever; 8.6 Severability. If any provision of this Contract as applied to any ply or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or uneiifvmeable, the same shall, in no way, affect any other provision hereto, the application of such provision in or to any other circumstances or the validity or eaforceabdi ty of the release contained herein as a whole. &7 Modification of Contract No supplement, modification, waiver, or amendment with respect to this Contract shall be binding unIm executed m wrby the party against whom enforoeoment of such supplement, modif Cation, waiver, or amendment is sought. &8 Execration in CounftrpaM The Parties and their couiasel shall execute two (2) originals of this Contract, each of which may be executed in one or more counterparts which toga shall constitute a single inwivament. After ezmwpe, one original shall be delivered to counsel for Casa Verde and one original shall be delivered to count for Santa Rosa. 89 Notice of Non-RtesponsiibiSty_ In order to eMduate the protective terms of this Contract, GRMLAL­CON CTOR antdlor OWNER shall be entitled to file with the appropriate county authority a Notice ofNon-Responsibiiliity. Accordingly, neither OwNM or C .- CONTRACDOR shall accept responsWity liDr any work performed by any person acting under SUB- CONTRACroxls authority absent the prior written consent of either OWNER or GENERA ,- COKM ACTOR. &10 'Tod tioia. Any breach of any provision of this agreement or dehul t hereunder shall be deemed a material breach entitling GEmRAL-CoNutAcToR and/or OWNER to terminate this, and air other contracts, agzeeme�,-obligations, and/or relationship they Away have with SUB -CONTRACTOR or its prick ah, ageaits, sub-e�ors, shareholders, offloers,. directors, and employees without any futthear obligation whatwever- IN WRTNM SOF, the under*aed execute this Contract on the dates shown. below. Dazed: (� ~ 2005 Dated: l� , 2005 SUB -CONTRACTOR Inc. GENERAL -CONTRACTOR Greybawk, Inc. By. Chester W. Allen, its Presideiat Dated: , 2005 OWNER Santa Rosa Trails, LLC. ` By: Virgil Opfer, its President �.