05-1948 (RPL)P.O. BOX 1504.
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
"&'!t 4 4a!Q"
D nU BU
Application Number:0( 500001948 MAY 2 3 2005
Property Address: 57747 SANTA'ROSA TR
APN: 762-240-013-8 -304E7
Application description: POOL - RESIDENTIAL CITY OF LAQUINTA
Property Zoning: LOW DENSITY RESIDENT FINANCE DEPT.
Application valuation: 24500
Applicant: Architect or Engineer:
LICENSED CONTRACTOR'S DECLARATION
I hereby affirm under penalty of perjury that I am licensed unifier provisions of Chapter 9 Icommencing with
/ Section 70001 of Divis' n 3 of the Business and Profess io�afs Code, and my License is in full f rce and effect.
✓ Licensee Class: Z ,/ Liygcennse No
ate J 3 C� Contracmr: ��' V(_ /l6,�7
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 I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and
the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The
Contractors' State License Law does not apply to an owner of property who builds or improves thereon,
and who does the work himself or herself through his or her own employees, provided that the
improvements are not intended or offered for sale. If, however, the building or improvement is sold within
one year of completion, the owner -builder will have the burden of proving that he or she did not build or
improve for the purpose of sale.).
(_ 1 I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec.
7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of
property who builds or improves thereon, and who contracts for the projects with a contractor(s) licensed
pursuant to the Contractors' State License Law.).
(_ 1 I am exeinpt under Sec. , B.&P.C. for this reason
Date:
Owner:
CONSTRUCTION LENDING AGENCY
I heieby 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
Y DEPARTMENT
PERMIT
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
I hereby affirm under penalty of perjury one of the following declarations:
_ I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided
for by Section 3700 of the Labor Code, for the performance of the work for which this permit is
issued.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor
Code, for the performance of the work for which this .s issued. M workers' compensation
insurance carrier and policy number are: ,/
Carrier C-27 Policy Number -- ' C i
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
�C //�Z700 of the Labor Code, shatll�forthhwiithhcco/mmp�l`y with those provisions. C
Date•J/�3/v APPlicant:,Fi:S'i 1 v l /V✓C: ��VLA ®�
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 informat correct. I agree to comply with all
city and county ordinances and state laws relating to building constru ' n, and hereby authorize representatives
of this cou ty to ter upon the above-mentioned propert for i e ion purp ses.
aB'te: Li Signature (Applicant or Agent)
LQPERMIT
Application Number .
. . . . 05-00001948,,.
-
Permit
BLDG POOL PERMIT
Additional desc .
Permit Fee
252.00 Plan Check Fee
163'.80 "
Issue Date
Valuation
245.00
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
t 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
PermitPLUMBING
Additional desc
Permit Fee . . . .
33.00 Plan Check Fee
7.50
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
LQPERMIT
M
LQPERMTT -
Application Number . . . . .
05-00001948
{' -----------------------------------------------------------------'-----------
Special Notes and Comments.
INCLUDED IN PERMIT.
Fee summary Charged
Paid
Credited
Due
Permit Fee Total 356.00
.00
.00
356.00
Plan Check Total 189.05
.00
.00
189.05
Grand Total 545.05
.00
.00
545.05
M
LQPERMTT -
'k,,
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 #: Q.✓ r i
Subcontractor license number
Subcontractor's Insurance Company
Policy #: Amount of insurance: $
Subcontractor's Workman's Comp Company • dN �.=
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 8'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:
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 furnishing labor, services
and materials, to purchase and maintain in force, Workman's Compensation Insurance, and 'AD 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 Califomia corporation, as general contractor, and
SOUTHWEST COMMUNITY BANK lender, as additional insureds, and each of which policy or polices shall be.
in an amount sufficient to cover the replacement value of the work being performed and/or the labor, services
and material being supplied by the said Subcontractor, with all risk liability policy of not less than $1,000,000.
6. Scope: Subcontractor shall furnish all labor, equipment, materials and perform all work necessary, indicated,
reasonably inferred or required by any code with jurisdiction to complete their scope of work for a complete and
proper finished job. Unless otherwise specified, all materials shall be new and of good quality. In the
prosecution of the work, the Subcontractor shall employ a sufficient number of workers skilled in their trades to
suitably perform the work.
7. • Availability The parties agree that time is of the essence of this Subcontract Agreement and that it shall be the
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 Subcontractor (�
9. Cuttinq and Patching: All trades shall do their own cutting, fitting, patching, etc., to make the several parts come
together property and fit it to receive or be received by work of other trades.
10. Clean-up: Subcontractor agrees to cleanup ana remove an aeons ansung out--
and
utu.and to leave the premises is a broom swept_ raked or graded dean condition. All trades shall, at all tunes, keel
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, took 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 onsite by said
Subcontractor. Failure of Subcontractor to pick up and dispose of their own trash will result is a minimum $250
back -charge to Subcontractor. All trades will dean up and sweep construction and lunch trash DAILY.
11. Drugs & Alcoholicbeverages will not be tolerated on the job at any timet
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 bac k-chafge 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, Owners representative, Greyhawk, and public authorities shall at all times have
access to the work.
15. Changes: All changes and deviations in the work ordered by the Owner and/or Greyhawk, must be in writing,
and the contract sum amount, being increased or decreased, agreed upon, in writing, by the Subcontractor and
Greyhawk, or Owner before proceeding with the ordered change or revision.
16. Problem Notification: Greyhawk's Superintendent, is to be notified immediately of any problems on the job.
17. Work Defect: 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 pre and caution not to damage any other trade's .
work. If another tradesman's work is in the way of Subcontractor herein, it is the responsibility of the
Subcontractor herein to bring the problem directly to the General Contractor's attention. In the event another
Subcontractor's work is damaged, the Owner and/or General Contractor reserves the right to charge this
Subcontractor cost plus overhead at the rate of 15% of the back -charge. '
19. Failure to Report Subcontractors failure to promptly report in writing to Greyhawk-or Owner any alleged
defects in any work performed by others in, on, or adjacent to the area in which Subcontractor is to perform it's
work will be deemed acknowledgement by Subcontractor that such work is fit and proper for the reception,
attachment, or covering by Subcontractor, and thereafter no alleged defects in such work by others may be
asserted by Subcontractor to justify it's failure to perform.
20.. Safe 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 Fender from and against any and all allegations, losses, claims, actions, demands,
damages, liabilities or expenses (including costs, expenses and attorney's fees), arising from, or related to the
death, bodily injury to persons, injury to property, design defects originated by subcontractor, or other loss
damage or expense. Subcontractors duty to indemnify shall include all damages cause, or alleged to be
caused in whole or in part by any negligent act 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 t
Greyhawk / Subcontractor
that determination and shall perform such items of work when they have been determined to be within the terns
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 buffing in whole or in part constitute an acceptance
or approval by the Greyhawk, to whole or in part Mute a waiver of arty claims by Greyhawk against
Subcontractor.
24. Claims agah-W Subcontractor. Should Gmyhawk 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
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 Itterewitih pending legal settlement of such claims.
25. Payment Application Withholder Greyhawk, or Owner, may reduce, reject or withhold a Subcontractor
pa" f—Fapp rca on. or mr y a previously approved Suboontrador 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 Gmyhawk may be liable arising out of, or relating to the Subcontractor
Agreement and caused by Subcontractor, or its lower tier subcontractors or suppliers: (c) Subcw*adof' failure
to property pay for labor, mateiiiale• equipment or supplies furnished in connection with its work: (d) Rejected,
nonconforming or defective work which has not been correct: (e) Reasonable evidence of delay in
pe:rfounance of Suboontradofs 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 tocornplete Subeontradoes 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 disappro%*q or nuififying an application are removed, payment will be made for amounts
previously withheld.
26. Drawing Inspection: Before aornrnencing any portion of the work. Subcontractor shalt examine all contract
drawings. Subcontractor shall promptly ratify 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 sufficientlly detailed, or explained,
Subcontractor shall bear all cost arising from said work. Including., but not fanitW to the cost of correction.
Should response from architect be insuffiaerd to property execute work. Subcontractor shall promptly notify
contractor of same.
27. Eauai Opportunity Clause: During the pedion, nee of this contract, the subcontractor agrees as follows: '(1)
Tho Subcontractor shall not discriminate against any employee or appl'acad 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 firnited 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 suboontracWs eomrnitrrents 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 subcorrtrador 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 subcontrador's non-oompliance with the
nondiscrimination daises 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 Governmentcontracts, or federally assisted construction contracts in a000rdance 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.
Greyhawk Subcontractor A
issued pursuant to Section 204 of Executive 11246 of September 24, 1965, so that such provisions will be
bindingon 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. AttomeVs 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 @ $24,500: each
Payment schedule on each Plan '
Front Yard Landscaping and Wall Construction 90% shall be payable'u.pon completion. A 10%
retention shall be held for 30 days, or upon city's final, whichever occurs later.
Pools payments shall be made as per Att addendum attached thereto ;and made a part hereof.
Payment shall be made, using a voucher system, through the project's Builders' Control, Dixieline
Builder's Fund Control ('DiAeline"). Vouchers shall be issued at completion of stages of work, as
per agreement, for redemption at the nearest Dixieline facility.
Ds
DJ ife
Date
0
CONTRACTOR AGR>vEi►OM
THIS AGREEMENT is entered into by and between CASA VERDE LANDSCAPE,
hereinafter called the SUB-COMRAMR, GREY HAWK INC.; hereinafter called tip GEMRAL-
CONTRAcroit, and SANTA ROSA TRAILS, hereiinaf er called the OWNER. The agreement is.
entered into in the County of San Diego, and shall be effective as of May 13, 2045. In exchange
for valuble consideration, the adequacy of which is hereby acknowledged, SUB-CONUAMR, .
QmgERAL-CrnvTRAcroR and OWNER agree as follows:
Article 1. Scope of the Work
Sus-CotTM AC OR shall furnish all of the materials and perform all of work shown on
the Drawings and/or described in, the specifications as set forth hereinbelow on property located at
AVENUE 58 WEST OF MADISON AVE., TRACT# 30487, specs aWy identified hearten as lot
#$_ int the Santa Rosa Travis project.
Article 2: Time of Completion
The work to be performed wader this Contract shall be commenced on or befare
2005. and!" be completed on or before G `Za , 2005. The
parties hereto acknowledge and agree that time is of the essence, and any dei6ult under this
paragraph shall cow a rnat a ml breach of this agreement caddling CmERATrCONTRAcroR to
kaquidated damages in the amount of $200 per day until any Bch or default hereunder is cured
to tine satisfaction of both 00� -CONTRACTOR and Owm3L However, should SUB-
CoNTRAcroR fafi, for whatever reason, to cure any such hmach or default within ten (10)
calendar days of receiving verbal notice of default hereunder, then this contract may be terminated
is it s enthrety. Upon termination, OWNER and/or GmGmALCONTRACTOR shall be entitled to
liquidated damages in an amown equal to the Lesser of $200 per day from the initial date of
default, or $20,000.
The following cow substantial completion of work pursuant to this proposal and
contract:
IT X 20' POOL AND SPA COMBO DEPTH 3'0" TO 5'0" (RECTANGULAR AND
• FREEFORM)
PULL NECESSARY PERMITS
PROVIDE STRUCTURAL ENGDMERING PLANS
EXCAVATE STEEL STRUCTURE PBR ENGINEERING PLANS AND CITY CODE
INSTALLATION OF 1 72" PLUMBING USING ALL NON -CORROSIVE SCHBDUI E 40
AND 80 PVC.
1 Vi" PVC GAS LINE
7" SPA WITH 5 JETS SPA RAISED 18"
ANTI VORTEX DRAINS AND DUAL PORT SURFACE SI DOZER
AUTO FILL LINE
GROUP 2 TME WrM STANDARD SWI'T'CH FOR LIGHTS
M
220 VOLT TCLOCK
300 WATTS POOL LIGHT AND 100 WAIT SPA LIGHT
POOL EQUUYrbO'vT:
1 % up mtAiR PUMP, 250,000 BTFJ BEATER, 426 SQ -Fr- PENTAIR FILTER
START UP WT M CHEMICALS
PASS FINAL INSPECTION
FR= 13ASF-ID . ON I LOTS FOR 57TANDARD POOL PRICING
$24,500.00.
Article 3. The COAtTae Price
-CON-MACTOR for ft MOterM and labor to be
GOMAL-CO sheR pay SUR
under the contract, the sun' of twenty two thousand MUM ($24,590-00), subject to
performed to cbmge orders authorized in writing and signed by
additions and deductions PurSOMA
GOAL-CONVAcm, or GoNERAL-4CONTRAM 's authorized agent..
Artide 4. Progress PaYlPests and Upgrades
Payments of the CopWact Price shau be pad in the ana" f)WwiJuF-
-nON OOWLI MON
1* PAYMENT AT EXCAVATION $:5,512.50 (22.59/9)
2 d PAYMERT AT STEEL COWLIMON $5,512.50 (22-51/9)
3`d PAYMENT AT GuNrm COMPLETION $5,512-50 (22-51/9)
e pAyNgM AT POOL START UP
$2,450.00 (10%)
RETENTION
In addition, it is cOnjwWhkwd that home buyas may request, or require deviadOn from ft
11m parties hereby
description andtOr Scope of work outlined above in Article ?-. SUB -COIN Sizall PAY
geneol and SUB-
acknowledge- and agree that Owmm sball be.entitled to coUmt,
an amount to I (r/o of the VOSS Saks pJ[jCC of any deviation or upgrade charge, to the particdw
home buyer -
Article General Provisions
inculdws but not limited to any
Any alteration or deviation from the above
such alteration or devoWn MVo1VMg additional and/or labor costs, will be valid only
e wM
upon written autborizaliol% signed by Off, 604ER��CIOR and SUg-COMRACTOR. be added to the
If there is any dwr for such aeration or deviation, the additional charg
contract prre under this contract, once it is approved in wrift by GOMAL-COWMACTOPU ff
payment is not made when due, SUB-COWMcToR may work on the job until such tone
as an payments due haw.beeri made. A 6JIUM to maim payor eftt for a period in excess of 15 days
from the due date of the payment SW be deemed a xUalcrW breach of this conUact. In addition,.
the following general, provisions apply
5.1.
All work shall be completed in a workman -Bike manner and in compliance with all
boding codes and other applicable laws_ To that end, SUB-Corrtxncmx shall
demonstrate to the reasonable suction of GMEM-COTDTT CTOR that SUa-
CONTRACTOR is in possession of all applicable permits, licenses, and approvals
prior to time commencement of wok on the project. Failure to obtain or possess:.
any such permits,, goenses, and/or approvals prior to con unencement of work on
the project shall constkucte a material breach hereof entitl'nng GENRRAL
CaNmAcmF, to liquidated., damages in the amount of $200 per day until am
breach or defutt hereunder is cured to the satisfaction of both GENERAL-'
CON MACPOR and OWML However, should SUB -CONTRACTOR, bA for whatever
reason, to cure any such breach or default within ten (10) calendar days of
receiving verbal notice of debuI4 then this contract may be terminated in it s
entirety. Upon eeinmauoauon, oviNER and/or GENStAL CotrmcToR shall be .
entitled to liquidated damages in an amount equal to the lesser of $200 per day
Am the h*W date of default, or $20,000.
5.2. The SUB-CoxlxAcrox shall fiunish a plan and scale drawing showing the shape,
size dimensions, and coasbructiom and equipment ins for each pool, a
description ofthe work to be done and description ofthe materials to be used and
the equipment to be used or jistaRed, and the agreed consideration for the work.
5.3. SUR -CM ACTOR hmebY Promises, guarantee-%. and tbal all work on the
Project shalt be performed by mdmduals duty licensed and authorised by law to
perform said work Any breach hereof is deemed a maul breach entitling
GENERAL-CUNTRAcroR to liquidated damages in the amount of $20,000.
5.4. SUB-CONTRACrOK may not, under 2t0+ cam any subSUR-
CONTRACTORs to perform work hereunder absent the prior written approval of
f31 Ai,-CON'iTcpCTOR. in the event that GENERAL-CoNIRAcm agrees to
allow SUB-CONTRACMRto hire sub-SUB-CONTRACrORs GEMMAL CON TACTOR
shall be entitled topay said sOLVD-CON TACTOR directly for work Pftbrmed.
All amounts paid to any sub -SUB -CONTRACTOR shall be deducted from the fmat
contract price to be paid by ONERAL-CMMACTOR to SUB-COMRACMIL-
Notwithstanding the foregoing, SUB -CONTRACTOR shall, in all insta RM remain
responsible for the proper and timely completion of this Contract.
5.5. SUB-CoN-mAc 'oR sball fmmish G -COMRACT0R appropriate releases or
waivers of lien for all work performed or materials provided at the tune the next
periodic payment shall be due.
5.6_ ,All change orders shall be in writing and signed both by GLIAL-I�,OMI�ACTOR
and SUB-CONTRACM& and shall be irncorporated in, and become a part of the
contract.
5.7_ SUB-CoNTRAcToR shall at its own expense Obtaion all permits necessary for the
✓i
work to be performed.
5.8. SUB -CONTRACTOR agrees to remove all debris and excess dart. And, shall leave
the premises in clean condition.
5.9. In the event GENuRAt.-CONTRAcroR shall fail to pay aqy Periodic or idnstalime d
payment due hereunder, SLA CoNmc oR may cease work without breach
pending payment or resolution of any dispute.
5.10. In the event of any dispute arising hereunder, exclusive jurissdiicdon and venue shall
vest in any court of competent jurisdiction in the County of San Diego. This
contract shall be deemed to have been entered 'into in the Couioty of San Diego.
5.11. Sus -CONT ACTH shall not be liable for any delay due to ciorcu nstances beyond its
control including stsWes, casualty or gena -A umvailabii' y of mareridals.
5.12. suB-CoN RAcmR warrants all work for a period of one yew, or 12 calendar
months following completion of the contemplated work. ..
Article 6. Indemnification
To the fullest extet-permitted by law, the "-CWrxwc.'r R indemnify, defend and
hold harmless GREY HAWK INC., SANTA ROSA TRULS, UC, and Southwest Community
Bank and all of their agents and employees, from and against clams damages, losses and
expenses, mcluding but not limited to attorney's Sees, ansi ng out of or resulting from performance
ofthe work or provWinng of Mals to the extent cansed in whore or in part by negligent or
wrongfid acts or omissions of, or a breach of this agreement by the Su s-C.orr�mit, a sub-
contractor, anyone directly or mdireetiy employed by them or anyone whose acts they are legally
responsible.,
Article 7. Usurance , J
The SU13-CO [EtACTOR represents that it has purchased and agrees that it will keep in
force for the duration ofthe performance ofthe work -or for such longer terse as may be required
by this agreement, in a company or compan tes lawfidlly authorirzed.to do business in the State of
Cal6dornia, such insurance as will protect SUB-CONWACPOR, OWNS& and GBNnx.AL-
CONPRAcTm from claims for loss or .injury which might arise out of or result from the SUB-
CONTItACTOR!s operations under this project, whether such operations be by SUB -CONT CTOR
or by a sub^covtractor or its sub -contractors.
SUB-CONERACTOR father ieptesents and agrees that -sad msucattce is written for and shall
be mawtained m an am int not less than the fim its of the liability specified below or requiored by
law, whichever coverage is greater. The SUB -CONI AMp. cati.£ies that coverage writ m on a
"claims made" form will be makmijued without hAerncption from the commencement of work
until the expiration of all applicable statutes of limitation.
1) Worker's Compensation $1,000,000.00.
2) Comprehensive General Liability with !inerts of not Loss than $1,000,000.00 per
occurrence.
3) Coimprehemdve Automobile Liability (owned, non -owned, hied) of $1,000,000.00
each accident.
The SUB-CONZXAMR slut! file Centrales of Imsumnce, naming OWNM and GENERA1-
CONTRACTOR as additional mss red, in duphcate acceptable to all parties prior to comnwnc writ
of work, which span contain a provk4on that coverages uuti 1a the politics shah not be can celled or
allowed to wq)kc or perrnk onatwial changes until at least 1. year (365) days written notice has
been given to addMa nal b sured•
Article 8. Addt w*A Terroous
8.1< No AwIp=nt and Authority, to EMMte- Each Party hmeto rcM=M and
warrants that it has the sole right and authority to awcute this Contract on its respective behalf
and that it has not sold, assigned, tram&rred, convayed, hYPo*wa" or oth� 44o ad of
any claim or demand rutin$ to any rigbi surrendered by vitae of this Contract.
8.2 Comtrnct ion of COUtract. Tijis Contract is the product ofnegotWons, joint effort,
and prepa rafon by and, among each Party and his or its attorneys. Therefore, the Parties
ac,mOwledge and agree 00 tbr, Contract shah n A be deemed to have been prepared or drafted .
by am one Party or another. Accordingly, Eire normal rule of contraction to the effect that any
aniftaities are to be resolved against the dra8iing party"not be employed to the hAerpretation
of this Contsu t. Further, it is 9 understood and agreed that the headings
employed in this Contract are Tor comreruence o* and do not affed substantm rights herein
&3 rm- ial bnvAdaty. Should any of the provisions set borth herein be deterwhmd to be
i rn1id by a court, agency or other Ujung of competepR �aisdiCtio4 such determination shall not
affl=t the enforceability of any other provisions herein.
8.4 Entire Coag 'This CoAmet supersedes all Prior copumets relating to or arising
from the same subject mutter and contains aU the terms, .Pranaises, understandings, and Contracts
awng the parties with respect to the subject nomtter herein. The parties agree that no promises or
inducements have been made Which carred amp ply to s�gn this COnIract other than those which
are expressly set forth herein.
3.5 $izXmg ZINC This Contract is intended to be final and binding upon the parties
regardless of any mistake of fact or raw or any other ci amutaaces whatsoever.
8.6 Severability. If any provision of this Contrad as applied to any party or to any
circumstance sbsn be adjudged by a court of competent jurisdiction to- be void or unenforceable,
the same shall, in no way, affect aop► other provision hereto, the application of such provisIon in or
L
to any other ekes or the validity or eafmambdi ty of the release contained herein as a
whole.
8.7 Modification of Contract. No suppletment, modification, waiver, or amendment with
respect to this ConUaLl shall be binding unless execrated in writing by the party again whom
eaof'orceaooent of such suppleRMA, modification, waiver, or amendment is Sought.
$.8 Execution in Counterpart. The Parties and their counsel shall execute two (2)
originals of this Contract, each of which may be executedin one or more counterparts which
together shall constitute a singie h strument. A$ea execution, one original shall be delivered to
cowl for Casa Verde mad oto original shall be delivered to counsel. for Santa Rom.
S3 Notice of Non-Resjponsibmty.. In order to effCtuate the protective teams of this
Contract, GMMLAL, CMMACT R and/or Ummiat shall be emitled to file with the %Vroprlate
county authority a Notice ofNon-Respondibil ty- A=ordkgiy, neither OWNER or GENERAL-
CONTRAcroR shall accept responsibility jbir any work perfortned by atW.person acting wader SUB-
CpNTRAcim's autborilty absent the prior written consent ofeither OWNER or GENERAL
CONTRACTOR.
&10 Twmioomdon. Any breach of any provision of this age or default hereunder
shall be deemed a material breach eat SAL -CONTRACTOR and/or OWNER to tamamate
thim and any other contracts, agreements, obligations, and/or relationship they may have with
SUS -CONTRACTOR or its pth=ipI* agents, =b-conuactors, shareholders, oars, directors, and
employees without any further obligation wbatsoevear_
iN MTrNFM vAm=Xoy, the und,eyrsitgned execute this Conaad. on the dates shown
below.
SUB -CONTRACTOR "
Casa Verde Inc.
By: s,.its Pres'
Svt3-CONT]jtACT1oR°s License
"
Dated:. . `� ` , 2'
005
Dated: S"� - l d ; 2005
paled; -2005
J
GETtE LA CONTRAMOR
Greyhawlk, Inc.
Y ester W. Allen, its president
OWNER
Santa Rosa Trails, LLC.
By: Yir7 Opfer, its President
SPECIFICATIONS
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