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05-1970 (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: C_05_-__0_0 0 0 19-70 57955 SANTA ROSA TR 762-240-013-1 -30487 POOL - RESIDENTIAL LOW DENSITY RESIDENTIA 24500 Architect or Td4t 4 XP Q" BUILDING & SAFETY DEPARTMENT BUILDING PERMIT Owner: SANTA ROSA DEV 40847 SANDPIPER CT MAY 2 4 2005 fll PALM DESERT, CA 92260 CITY OF LA ®UI FINANCE DEPT. Contractor: :r: 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 ------------------------------------------------------------------------------------------------- LICENSED CONTRACTOR'S DECLARATION WORKER'S COMPENSATION DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with I hereby affirm under penalty of perjury one of the following declarations: /Section 7000) of Division Vf the Business and Professionals Code, an$_ -,I,' Lice se is in full face and effect. _ 1 have and will maintain a certificate of consent to self -insure for workers' compensation, as provided t/ License Cla s: License No.: ��. i0 to (/ / for by Section 3700 of the Labor Code, for the performance of the work for which this permit is l /�. - r issued. - Date: � ) Contractor .� �j (�-�� X I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit isissued, 5 workers'.compensation OWNER -BUILDER DECLARATION* l'"'`i'�su�once c� ' anted policy number are: S /y, Ca lgGrJ) _ I hereby affirm under penalty of perjury that I am exempt from the Contractor's State License Law for the arrieri L�0 (,� V �- Policy Numb- - - `- - - - - - - - - following reason (Sec. 7031 .5, Business and Professions Code: Any city or county that requires a permit to that, in the performance of the work for which this permit is issued, I shall not employ any construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the person in any manner so as to become subject to the workers' compensation laws of California, permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractor's State and agree that, if I should become subject to the workers' compensation provisions of Section License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or 3r700 of the Labor Code, I shall forthwith comply with those provisions. that he or she is exempt therefrom and the basis for the alleged exemption. 'Any violation of Section 7031.5 by rr^ � ` p any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).: D (� ApplicartG! VT7�IC (_ 1• I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who does the work himself or herself through his or her own employees, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he or she did not build or improve for the purpose of sale.). (_ 1 1, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Coder 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 contractors) licensed pursuant to the Contractors' State License Law.). I—) 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: LQPERDirT 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 information i rrect. I agree to comply with all city and county ordinances and state laws relating to building constructi , and he by authorize representatives offthl/s ty t enter upon the above-mentioned pro r ins e n purposes e? Signature (Applicant or Age 1: Application Number . . 05-00001970 Permit . . . BLDG POOL PERMIT Additional desc i 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 0 LQPERMIT LQP$RMIT Application Number . . . . . 05-00001970 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 WALL. ALARMS/BARRIERS SHALL BE IN PLACE PRIOR TO PRE -PLASTER INSPECTION. Fee summary Charged Paid Credited Due ---------- ---------- Permit tee Total 371.00 •.00 ---------- ---------- .00 371.00 Plan Check Total 189.80 .00 .00 189.80 Grand Total 560.80 • J .00 '.00 560.80 LQP$RMIT _ a SUBCONTRACTOR AGREEMENT This agreement is hereby made between Contractor. Greyhawk, INC. a California corporation ("Greyhawk") and Subcontractor Casa Venae Landscape Construction. this 19th day of May, 2005, for the following services: Landscaping, Walls and Swimming Pools. Project name: SANTA ROSA TRAILS Address: Avenue 58, La Quinta California Subcontractor Federal ID #: 00 4 i <.,E Subcontractor license number. 4. 4P L%z7- Subcontractor's Insurance Company o ri Policy #: Amount of insurance: $ Subcontractor's Workman's Comp Company bn+ -F7e,-.:7 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 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 commenoement of worts and/or fumishinrr labor, services and materialsto purchase and maintain in force, Workman's Compensation Insurance, and "Ali Risk' type of Builder's Insurance, each of which policy or policies shall name owner, SANTA ROSA TRAILS. LLC, a California limited liability company, GREYHAWK INC.. a California corporation, as general contractor, and;= .SOUTHWEST COMMUNITY BANK, lender, as additional insureds, and each of which policy or policies shall be in an amount sufficient to cover the replacement value of the work being performed and/or the labor, services and material being supplied by the said Subcontractor, with all risk liability policy of not less than $1,000,000. 6. Scope: Subcontrador 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 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 Architedrs attention to any discrepancies before proceeding with the work. Page 1 Greyha0 ?, Subcontractor (AQi. 9. Cutting and Patching: Ali 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 dean up and remove all debris arising out of the performance of it's work, and to leave the premises is a broom swept, raked or graded, 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 shalt be allowed Inside the houses. If shelter is needed, the Subcontractors may eat inside the garages. The Jcbsite will have designated trash areas/ bins. All boxes, cartons, eta must be broken down and placed to 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 clean up and sweep oonsbuction and lunch trash DAILY. 11. Drugs. & Alcoholic beverages will not be tolerated on the job at any time! 12. Inspections: All inspections for work completed in accordance with the Contract and Agreement are to be sdreduled by the Subcontractor, and Subcontractor shall have a representative on the jobsite to meet directly with the City inspectors. Failure to comply will result in a $500 back -charge to the Subcontractor. 13. Vehicles: If Subcontractors vehicle does not contain any tools pertaining to said work, vehicle is to be parked offsite. No cars will be allowed on the job site at any time. Only work trucks needed to expedite said Subcontractors trade will be allowed. All Subcontractors shall comply with posted job speed limit within the job site at all times. 14. Access to Work: The Owner, Owner's representative, Greyhawk, and public authorities shall at all times have access to the work. 15. Changes All changes and deviations in the work ordered by the Owner and/or Greyhawk, must be in writing, and the contract sum amount, being increased or decreased, agreed upon, in writing, by the Subcontractor and Greyhawk, or Owner before proceeding with the ordered change or revision. 16. Problem Notification: Greyhawk's Superintendent, is to be notified immediately of any problems on the job. 17. Work Defects: The Subcontractor agrees to re -execute any work which does not conform to the drawings and spedfications, warrants the work perforated, 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 Suboo tractor shall always take special care and caution not to damage any other trade's work. If another tradesman's work is in the way of Subcontractor herein, it is the responsibility of the Subcontractor herein to bring the problem directly to the General Contractor's attention. In the event another Subcontractor's work is damaged, the Owner and/or General Contractor reserves the right to charge this Subcontractor cost phrs 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 fit and proper for the reception, attachment, or covering by Subcontractor, and thereafter no alleged defects in such work by others may be asserted by Subcontractor to justify its failure to perform. 20. Safety: Precautions shall be used at all 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 detects originated by subcontractor, or other toss 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 shag abide by Page 2 �n�� Greyhawk Suboontractor (� 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 it's discretion, withhold any amounts otherwise due, or to become due hereunder, to cover said claims and any costs of expenses arising, or to arise, in connection therewith pending legal settlement of such loans. 25. Pa�ern�Applicak'on M holding: Greyhawk, or Owner, may reduce, reject or withhold a Subcontractor payme— nppTica o—ii n, or null y�a previously approved Subcontractor payment application, in whole or in part as may reasonably necessary to protect Greyhawk , or Owner, from loss or damage based upon: (a) Subcontractor's failure to perform work as required by the Subcontractor Agreement; (b) Loss or damage to owner, Greyhawk or others to whom Greyhawk may be liable arising out of, or relating to the Subcontractor Agreement and caused by Subcontractor, or its lower tier subcontractors or suppliers; (c) Subcontractor" failure to properly pay for labor, materials, equipment or supplies furnished in connection with its work; (d) Rejected, nonconforming or defective work which has not been corrected; (e) Reasonable evidence of delay in performance of Subcontractor's work that such work will not be completed within the time allotted by the updated progress schedule, and that the unpaid balance of the Subcontract Agreement price is not sufficient to offset the liquidated damages, or actual damages that may be sustained by Greyhawk as a result of the anticipated delay caused by Subcontractor, (f) Reasonable evidence demonstrating that the unpaid balance of the Subcontractor Agreement price is insufficient to cover the cost tocomplete Suboontractors work; (g) Third party claims against Subcor, Tactor, 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 disapprd6ing or nullifying an application are removed, payment will be made for amounts previously withheld. 26. Drawing Inspection: Before commencing any portion of the work, Subcontractor shall examine all contract drawings. Subcontractor shall promptly notify Greyhawk, or owner, in writing, of any perceived or alleged inconsistencies, conflicts with any other structures, ambiguity, lack of detail, or explanation in the drawings. Should Subcontractor proceed with work which it knows, or should know have known, subsequent to examining the contract drawings, to be in error, inconsistent, ambiguous, or not sufficiently detailed, or explained, Subcontractor shall bear all cost arising from said work, including, but not limited to the cost of correction. Should response from architect be insufficient to properly execute work, Subcontractor shall promptly notify contractor of same. 27. Equal Opportunity Clause: During the performance of this contract, the subcontractor agrees as follows: '(1) The Subcontractor shall not discriminate against any employee or applicant for employment, because of race, color, religion, sex or national origin. The Subcontractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The subcontract agrees to post in conspicuous places, available to all employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination 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 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, 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 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 aowrdarce 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 t issued pursuant to Section 204 of Executive 11246 of September 24, 1965, so that such provisions will be binding on each subcontractor or vendor. The subcontractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided however, That in ther event the subcontractor becomes involved in, or is threatened with, litigation with a subcontractor, or vender as a result of such direction by the agency, the contractor may request the United States to enter into such litigation, with a subcontractor or vendor as a result of such direction by the agency, the subcontractor may request the United States to enter into such litigation to protect the interests of the United States. 28. Security* Subcontractor shall be responsible for the security of its tools, equipment and supplies, on and offsite. Greyhawk and Owner shall have no liability for ices from theft, or damage by others. F 29. Access: Subcontractor shall only be permitted on the job site during the hours posted by Superintendent. 30. No Right of Assignment Subcontractor shall have no right to assign any rights or interest occurring under this agreement without the written consent of the GREYHAWK Inc., and Owner, nor shall the Subcontractor assign any sums due, or to become due, to him under the provisions of this agreement. 31. Retentions: Owner shall retain 10% of the contracted amount, for a period of thirty (30) days, following completion of Subcontractor's work on each building. , 32. Jurisdiction: This agreement shall be interpreted under laws of the State of California. 33. Attorney's Fees: 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 thereof. Greyhawk and Owner agree to pay, and Subcontractor agrees to accept as the total contracted price for labor and materials: i Front Yard Landscaping @ $3360 Per Lot Walls @ $41.50 per Lineal Foot. Pools @ $24,500. each , Payment schedule on each Plan Front Yard Landscaping and Wall Construction 90% shall be payable upon completion. A 10% retention shall be held for 30 days, or upon city's final, whichever occurs later. Pools payments shall be made as per aft addendum attached thereto and made a part hereof. Payment shall be made, using a voucher system, through the project's Builders' Control, Dixieline Builders Fund Control ('Dixieline"). Vouchers shall be issued at completion of stages of work, as per agreement, for redemption at the nearest Dixieline facility. AGREED: Subcontractor 1. Page 4 Greyha,wiSubcontractor { S / � Date Date 4s� CONTRACTOR AGREE' THIS AGREEMENT is entered unto by and between CASA VERDE LANDSCAPE, hereina$er caIled the SUB -CON RAC M GREY HAWK INC, hereinafter called the G ,L- CONTRACMR, and SANTA ROSA TRAILS, ha matter called the OwNE L The ag=' men t is entered into in the County of San Diego, and Shall be effecdve as of May 13, 2005. In exchange for valuble consideration, the adequacy of which is hereby acknowledged, SUB;CONTRAcTOR, GEmav AL-CoivTRAcTcR and OwNm agree as follows: Article 1. Scope of the Work SUB-COMRACTUR shall fiunish all of the materials and p u four all of the work shown on the Drawings and/or described is the specifications as set forth hereinbelow on property located at AVENUE 58 WEST OF MADISON AVE., TRACT# 30487, specifically identified herein as lot #—I— in the Santa Rosa Tram project. Article 2. Time of Completion y The work to be performed under this Contract shall be coninmuced on or before 5– 3 a , 2005 and shall be completed on or before P -IS , 2005. The parties hereto admowledge and agree that time is of the essence, and any default under this paragn-aph shall constitute a material breach of this agreement entitling GIIWLL-CONTRACTOR to • " liqugiated damages in the amount of $200 per day► until any breach or default hereunder is cured to the satisfaabdof both C RMtAL-CONTRACTOR and OWNER, However, sho dd SUB- CONTRACTOR fab, fN wbatevear ream, tome any such breach or default within ten (10) ` calendar days of receiving verbal notice of debult hereunder, then this contrt may be tetra hated in it s enthvty. Upon teomimation, OWNER and/or CemutALCONTRACTOR Shall be entitled to liquidated damages in an amount equal to the lesser of $200 per day from the initial date of default, or $20,000. The following const&rtes substantial completion of work pursuant to this proposal and. contract: t 12'X 20' POOL AND SPA COMBO DEPTH 3'0" TO 5'0(RECTANGULAR AND ` FREEFORM) r PULL NECESSARY PERMITS ti . PROVIDE STRUCTURAL ENGINEERING PLANS , EXCAVATE STEEL STRUCTURE PER ]ENGINEERING PLANS AND CITY CODE - INSTALLATION OF 1 y2" PLUMBING USING ALL NON -CORROSIVE SCHEDULE 40 .; AND 80 PVC. 1 '/2' PVC GAS LINE 7" SPA WITH 5 JETS SpA RAISED 18" , ANTI VORTEX DRAINS AND DUAL PORT SURFACE SK04MER AUTO FILL LINE r I � 2S ;.�.' Vit'• .� y s + � ,'+ i GROUP 2 TELE 220 VOLT TRvJE CLOCK WrM STANDARD SWITCH FOR LIGHTS 300 WATTS' POOL LIGHT AND 100 wATT SPA LIGHT POOL EQUIP'IIv1ENT_ 1 %: HP PENTAIR PUMP, 250,000 ETU NEATER, 420 SQ.FT. PENTAIR FILTER , • � ' . STARK UP VliM-1 CHEIIRICALS . • PASS FINAL INSPECTION' PRICE BASED ON 1 LOTS FOR STANDARD POOL PRICING $24,500.00. `, , •. ;�, ` Article 3. The Contract Price GENERAL -CONTRACTOR S110 pay SUB -CONTRACTOR for the dial and labor to be• performed under the contract, the sum of twenty two thousand Dollars ($24,500.00), subject to additions and deductions pamant to change orders authormd m writmg and signed by ' GENERAL-CONIRACTOR, or Gam. -CON TRACTOR's authorized agent. * F 1 Article 4. ]Progress Paypents and Upgrades Payments of the Contract Prince shall be paid in the manner foliowirr. . 1E` PAYMENT .AT EXCAVATION COMPLETION. $5,512.50 (22.5%) 2m4 PAYMENT AT STEEL COMPLET'ION'.. ;:• R' :$5,512-50 (22.59/9) 3`d PAYMENT AT GUNrm COMPLEITON ' - ., •r '-'$5,512.50 (22S%),' } 4f1 PAYMENT, AT POOL START UP ._�y . ' '$5,512.50 (2_5%) 1tE'll'NTION ,.` $2,450.00 (1013/o) ' In addition, A is con lamed that home buyers may request. or requre deviation from the ' general description and/or scope ofwork oudnaed above in Article 2. The parties hereby, , aclanowledge and agree that OwNm shill W entitled to collect; and SUB -CONTRACTOR shall pay , an amount to 10'/6 of the gross sales price of my devMon or upgrade 'chaxge to the gaiticular home buyer. T ; Article S. General ProvWons Any alteration or deviation from the above specifications,`] wW* but not limited to any such alteration or deviation mi Volving additional materW and/or labor costs will be valid only upon written unhorizabion, signed by OWNER, CTUR and SUB-CONTRAcm. - i' If there is any charge for such alteration] or deviation, the additional charge wOl be added to the, contract price under this contract, C •A L-CONT•RAC OR. If ontce rt is approved m, by . payment is not made when due, SUB-(7OPMACrOR may suspend work on the job until such time' as all payments due have• been made. A failure to make payment for a pe' m'* d in excess of 15 days . from the due date ofthe payment shall be deemed a material breach-ofthis contract. In addition, ' R' the following general proV Bions apply - , A 5.1. All work shall be compketed in a work rain-lllm j aaner and in compliance with all budding codes and other applicable laws- To that end, Sus -CONTRACTOR shall demonstrate to the reasonable satisfaction ofC'srt RAL -CON RA.cTOR that SUB-* CONTRACTOR is in possession of all applicable, permits, licenses, and approvals prior to the commencemew of wok on the project. Failure to obtain or possess:. any such permit, ficensM mWor approvals prior to cor�mm� moxement of work on the project shall constitute a material breach hereof entitling GENERA.= CvNTRACTOR to wed damages® the amowd of $'200 per day until MW _ breach or default hereunder is cured to the satisfaction of both GENERAL - and OWNER. Hoavevet, should SUB-CONTkAcr6R hA for whatever reason, to use any such breach or default within ten (10) catandar days of receiving verbal notice of defnuuk then this contract may be terminated in it s entirety. Upon t rMIDA tort, OWNER and/or GOGMAL CON RACPOR shall be entitled to hquitdated damages in an amoua egnral to the lesser, of $200 per day from the itoutaal date of defauk or $20;000. 5.2. The SUB -CONT ACroR shall fianish a piano and scab drawing showing the shape, SM d RMSIOns, and Construction and equipment specifloatiorts for each pool, a description ofthe work to be done and description ofthe matetrials to be used and the equipment to be used or hqa& , and the agreed consideration for the work. • i 5.3. Sus-CoNTRACroR hereby p rombes, guarantees, and warrthat an work on the project shall be pewformed by individuals duly licensed and authorized by law to, perform said work Any breach hereof is deemed a m8tenal breach entitling GENERAL -CONTACTOR to liquidated damages in the amount of $20,000. 5.4. SUB -CONTRACTOR may not, under'a* any MA&M- CONTRACTORS to perform work )rennder abmttt the prior written approval of (rDWAL-CONTRACT OR. Xa the event OJA GENERAL -CONTRACTOR agrees to allow SUB-COPTlRACr Rto hire sub-Sus-CoN1RACTORs GvmL4L-c0NTRACr0R shall be entitled to pay said subSuB-CoNTRACroR direr* for work performed. All amounts paid to any sub-SUSGONIRAC71OR shall be ducted from the final contract price to be paid by Como tAL-CoNot;AC o to SUB-CobrMACTOP- ' Notwithstanding the foregoing, SUB -CONTRACTOR shall, in all kmtamtces r=ja a responsible for the proper and timely`complet on of this CoMmct. 5.5. SUB-CONrRACrOR sbtalt fuxMsh Cron appropriate releases or " waivers of lien ft 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 GR and SUB -CONTRACTOR, and shall be fixorporated in, and became a part.ofthe clontmet- 5.7. SUB-CoNlRACToR shalt at its own eVense obtain all perms necessary for the Work to be performed. 5.8. Sun CoNmACTOR agrees to remove an debris and excess dirt. And, shall leave the premises in clean condition. 5.9. In the event CYIENFRATrCONTRACM shoo SHto pay anY periodic or kLstalhnent payment due hereu,oder; SUB -CONTRACTOR CTOR miry ce= work without breach , Pending PaYMM or resolution of any dispute. 5.10. In the event of any dispute aaismg hereunder, eiichasive jurisdiction and venue shalt vest in nay court of competent jurisdiction in the County of Sana Diego: This contract shall be deemed to have been entered kMD in the County of' Diego. 5.11. SUB-CoNmL4& R Shan not be liable for any delay due to circumstances end its control including sues, casualty or gmeral uuoavaftbility of materials. 5.12. SUB -Coxes Tok warrants an work fi;r a period of ene year, or 12 calendar r months IbRowing completion of the contemplated work. ' Article 6. Iudeminnif cation ' To the finest extent permitted by law, the SUB -CONTRACTOR shall indemnify, debend and hold harmless GREY HAWK INC., SANTA ROSA TRIALS, I,LG, and Southwest Community Bank and an of theft' agents and employees, from and agamst ch wI4 dexwguNlosses and expenses, mcludiug but not ii7pcuted to attorWs ► arysng out of or resulting from pergmmarcce of the work or provi ft Ofmumisb to the Went caused in whole or in part by negftew or wrongful arts or omassbns of or a breach of this a9MMA ut by the AOR, a stiti�- contractor, anyone directly or mdnw* employed by them or anyone whose acts they are legally responsible. Artide 7. luurance E T W SUB -CONTRACTOR represents that it has purchased and agrees that it will keep nim force f'or the duration ofthe performance ofthe work -or for such longer term as maybe required by this agfeenleM in a company or companies lawf tHy authorized to do business ion the State of CaMrnia, such insurance as will protect SUB -CONTRACTOR, OwMM, and GEtBctAL- CONTRACTOR from clairns for loss or b*vyy which might arise out of or result from the SUB- CoN1RACTOR's operations under this project whether stxh operations be by SUB-CoN'TRACroR or by a subcontractor or its sub -contractors. SUB -CONTRACTOR fi wdwx represents and agrees that said insurwm is written for and shall be maintained in an amount not less than the bimits of the Lability specified below or required by law, whichever coverage is greater. The SUB -CONTRACTOR certifies that coverage written on a . "cam made" form will be mabWiwd without intameption ftm ft commencement ofwork unto the expiration of all applicable statutes of limitation. 4 e 1) Worker's Compensation $1,000,000.00: " 2) Com General Liability with limits of not loss than $1,000,000.00 per occurrence. 3) Comprehensive Automobile LWbuhty (owned, non=owned, hired) of $1,000,000.00 each accident. ne R shad file Certificates of IMaance, naming O3wNM and GENERAL, CONTRACTOR as additional insured, lin duplicate acceptable to all parties prior to commencement of work, which sball ca=m a provision that eovemges under the policies shall not be cancelled or allowed to expire or permit material changes until at least 1 year (365) days written notice has been given to addttkwal msured. Article & Additional Tama ► { U No .Awiga meat eyed Authority to Eaecate. Each Party hereto repr-es=U and warrants that it hays the sole right acrd authority to execute this Contract on its respective behalf and that it has not sold, assigned,transkned, convoyed, hypotbeated, or otherwise disposed of airy claim or demand relating to my right surrendered by virtue ofthis Contrast. 8.2 Construction of Colatraet This Contract is the product Ofriegotb9ons, joust effort, and pi on by and among each Party and his. or its attorneys. 'Z herefiove, the parties aelmowiedge and agree that the Contract shall not be deemsrd to have been prepared or drafted . by any one Party or another. Accordingly, the normal rule of construction to the erect that any ambiguities are to be resolved against the dta$ing party slyall not be'employed in the mesion ofthis Coirt4racx. Further, it is expmessly understood `and agreed that the headings employed in this Contract are for convenience on(y and do not affect substantive ruts herein 8.3 P°artIQ bmaliididp. Should any of the piovissmus set forth herein be derermmmed to be invalid by a court, agency or other ftbunW of competent iu risdicti A such determination shall not affect the entoroeabilky of any other provision herein., - . 1 M Entire Cont met INS Contract des all prior oo;rt�racts relating to'or MM9 from the same subject matter and contains all the terms„ promises, understandkgsg and Contracts among the parties w9h respect to the subject matter harem. The parties agree that no promises or incemernts have been made which caused anparty to sign this Contract other than those which are expressly set forth herein. ` &S 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 SeverabOy. If any provision of this Contract as applied to any ply or to any chv=sbme shall be adjudged by a court of competent jurisdic t i n to be void or iineftforceable, the Sam shall, in no way, of ba amy other provwon hereto, the application ofsuch provision in or 10 to any other circumstances or the validity or ofthe release contained herein as a , whole. , &7 Modification of Contract. No suppYement, modification, waiver, or am mdumt with respect to this Coneract shall W binding unless executed m writing by the party against whom envroemnoni of such supplement, modification, waiver, or mmadmift is sought. , &8 Ezeention in CounterparL Ibe ]Parties and their counsel shall execute two (2) originals ofthis Contract, each ofwhi ch may be executed in one or more counterparts which , . togeih a shall cowdlute a single i ae d. ' Aft esecubon, one origimal shall be delivered to counsel for Casa Verde and one orWind shall be delivered to counsel for Santa Rosa. e 8.9 Notice of Non-Rmponsiba' W. bn order to egbctuane the protective terms of this Contract, GwNEL;LAL-ComRAcroR anUor owmt shall be entitled to file with the appropriate county authority a Nobbe 0fNon-Respon4irdy- Accordingly, neither OWNER or G t,- CONTRACrOTt shall accept responsWiity �r any work performed by mW person acting under SUB CONTRACTOR's authority absent the prior written consent of either OWNER or GE1VMAL- , CONTRACTOR- ' &10 Tertoumotatiion- Any bleach of my provision of this agreeanm or default hereunder shall be deemed a material breach entitling GOMAL-CONTRACTOR and/or OWNER to temninate this, and any other contracts, ams, obligations, and/or relationship they may /have with SUB-COWMACroR or its prkiC p,* agents, sub-o�tors, shareholders, offm�%.directors, and employees without any further obligation whatsoever- . IN WrrNESS WB'=(W, the under ugued execute this Conn-act on the dates shown below. y SUB-C,ONTRAC COR Casa Verde , Dated: S d , 2005 BY• Al Campos, its . Suw.CONtRAC IO '3 L` Dated: 2005 GENERAL-CONTRACTOR v . Greyhawk,' lntc. By: Chester W. Allen, its Prelgin Dated. 2005 OWNER, ti Santa Rosa Traulls, LLC: - By: Virgg Opfer, its President SPEOFICATIONS ra V n < O a Q p '~ C r bi } °0° v 1� �\ ' )( ` BT'DI �` y �� X11 1 /J_j� Q��'„' _ „' L1 � 1r r ` /1 �h \ I I .. �so/ NOLLO�/�u , /�/� �/� nUiSNOO VO4 a 3AO` ' d dv 'ld3a AAAVS V JNIClU18`'"`' • ViNino vi:jo Iwo iSNOIld30X3 ON NOIlO3dSNl 031nO3HOS d 803 311S 3H1 NO ION 38d 08dO 80( 0Nd SNdld 03AOdddd 3HI310398VHO 38111M 0E$ 30 33.E NOII33dSNI-38 b 3.9 ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ . ♦ ♦JIM.•. no • ..i� ri .MASONRY •"•'ACkff :�� I •i• .6. :•,I .V';t L ' • r • '.d • • Lt� ::r. • � .r r• •.t • I ''• 'v' '• f r . 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