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14796 (SOTB)• P.O. BOX 1504' No. 14796 Building 78-495 CALLE TAMPICO . Address 55-725 Pebble Beach LA QUINTA, CALIFORNIA 92253 Owner Richard Sueaatrber Mailing BUILDING: TYPE CONST. OCC: GRP. Address Same ' A.P. Number City Zip Tel. Ira Qull ta, •CA 9-42.53 Legal Description Contractor 'fkiaik.11 %iFir°a$E? featufeatureM kage Water F6ature6 ...- Project Description City Zip . Tel Palmb6sert, 4A 92221 558-0852 State Lic..• City & Classif. -' �..53J2�g83 Lic. # ""�y Sq. Ft. No.' No. Dw. Arch., Engr,'•-% - - i Size •- - -Stories. Units {' Designer Walling � KcCaa1 llum- New ❑ Add ❑' _ Alter -0. Repair ❑ Demolition Address' Tel. City . ' ,e •State .. .. .. .... _ - - ��Zip Lic. # LICENSEDfCONTRACTOR'S DECLARATION I hereby affirm that I em sedunlicender grovJJsions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business annd Profeshioris CW%Iiand my license is in full force and effect: SIGNATURE DATE - OWNEWBUILDERDECLARATION Estimated Valuation•' ; • ,' 1 hereby affirm that I am exempt from the Contractor's License Law for the following1.511`00().,00 _ reason: (Sec. , 703 1.5, Business and Professions Code: Any city or. county which requires a Permit to construct, atter, improve, demolish, or repair any structure, prior. to its issuance - 'r -AMOUNT` requires the applicant for such permit to rile. a signed statement that he is licensed pursuant to ; .PERMIT': - - - the provisions or the Contractor's License Law, Chapter 9 (commencing with Section 7000).of - Division 3 of the Business and Professions Code, or that. he is exempt therefrom,, and the basis , .for the alleged exemption. Any violation of Section 7031.5 by 'any applicant for a permit Plan Chk. Dep. - . " subjects the applicant to a civil penalty of not more than five hundred dollars ($500).' . > - , ❑ 1, as owner of the property, or my employees with wages as their sole, compensation, will Plan Chk. Bal. . do the work, and the structure Is not intended or offered. for sale.: (Sec. .7044, Buisness and Const. 2 (� Professions Code: The Contractor's License Law does not. apply to an owner of property who . builds or Improi+es thereon and who does such work himself.or through hisown. employees, Mech. provided that such 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 Electrical or proving that he did not build. or improve for the purpose or sale.) - _. , ❑'1, as owner of the property, am exclusively contracting with licensed contractors to torr . Plumbing struct the project. -(Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an, owner of property -who builds or Improves thereon, and who contracts for : S.W. .y such projects with contractor(s) pcensed pursuant to the Contractor's License Law.) • ❑ I am exempt under Sec. �� Grading ' B. 8 P.C. for this reason Driveway Enc. Date owner Infrastructure WORKERS' COMPENSATION DECLARATION - I herAby affirmthatI have a certificate of consent to self -insure, or a certificate of Worke'Compensation Insurance, or a certified copy thereof. (Sec. 3800, Labor Code.) Policyyf`No. Company Copy is filed with the city, ..O Certified copy is hereby furnished. - TOTAL 192.00 CERTIFICATE OF EXEMPTION FROM REMARKS WORKERS' COMPENSATION INSURANCE (This section need not be completed If the permit Is' for one hundred dollars ($100) valuation or less.) ' ' , I certify that In the performance of the work for which this permit is issued, I shall not, - employ any peon in any manner so as to become subject to the Workers' Compensation Laws of Californirsa Date Owner' NOTICE TO APPLICANT: tt; after making this Certificate • of Exemption you * should become „ ZONE: BY: subject to the Workers' Compensation provisions of the Labor Code, you must forthwith .Minimum Setback Distances: ' comply with such provisions or this permit shall be deemed revoked. •- Front.Setback from Center Line Rear Setback from Rear Prop. Line WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND Side Street Setback frorn Center Line SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES. UP. •TO ONE . M MAP. HUNDRED THOUSAND DOLLARS,($100,000), IN ADDITION TO THE COST OF COMPENSATION, Side Setback from'Property. Line DAMAGES AS PROVIDED FOR IN SECTION 3706 OF•THE LABOR.CODE, INTEREST, AND ATTORNEY'S FEES. This Is a building peirtiit when'properly-filied out, signed and validated, and is subject to FINAL DATEINSPECTOR expiration if work thereunder is suspended for 180 days. I certify. that I have read this application, and state that, the above information is correct: Issued by: - Date Permit 1 agree to comply with all city and county ordinances and state -laws relating, to. building construction, and hereby authorize representatives. -of: this city. .to.,enter the, above... ' mentioned property for inspection -purposes. Validated by: Signature of applicant -Date- Mailing ateMailing Address Validation: +� City, Slate, Zip FEB'2 4 1995" } Rv CONSTRUCTION ESTIMATE NO. ELECTRICAL FEES NO. PLUMBING FEES �' 1ST FL. SO. FT. ® $ 2ND FL. SO. FT. POR. SO. FT. ® GAR. SO. FT. ® CAR P. SO. FT. WALL S0. FT. SO. FT. ® ESTIMATED CONSTRUCTION VALUATION $ UNITS MOBILEHOME SVC. POWER OUTLET YARD SPKLR SYSTEM ' BAR SINK ROOF DRAINS DRAINAGE PIPING DRINKING FOUNTAIN URINAL WATER PIPING NOTE: Not to be used as property tax valuation ROUGH PLUMB. FLOOR DRAIN MECHANICAL FEES HEATING (ROUGH) WATER SOFTENER VENT SYSTEM FAN EVAP.COOL HOOD SIGN WASH ER(AUTO)(DISH) APPLIANCE DRYER DUCT WORK GARBAGE DISPOSAL FURNACE UNIT WALL FLOOR SUSPENDED GAS (ROUGH) LAUNDRYTRAY AIR HANDLING UNIT CFM HEATING (FINAL) KITCHEN SINK ABSORPTION SYSTEM B.T.U. TEMP USE PERMIT SVC WATER CLOSET' COMPRESSOR HP POLE, TEM/PERM LAVATORY HEATING SYSTEM FORCED GRAVITY AMPERES SERV ENT SHOWER BOILER B.T.U. SO. FT. ® c BATH TUB BOND BEAM SO. FT. ® c WATER HEATER MAX. HEATER OUTPUT, B.T.U. SO. FT. RESID ® 1+/. c SEWAGE DISPOSAL LUMBER GR. SO.FT.GAR ® 3/<c HOUSE SEWER F NAL INS ROOFING GAS PIPING PERMIT FEE PERMIT FEE PERMIT FEE DBL TOTAL FEES MICRO FEE MECH.FEE PL.CK.FEE CONST. FEE ELECT. FEE SMI FEE PLUMB. FEE STRUCTURE PLUMBING ELECTRICAL HEATING & AIR COND. SOLAR SETBACK GROUND PLUMBING UNDERGROUND A.C. UNIT COLL. AREA SLAB GRADE ROUGH PLUMB. BONDING HEATING (ROUGH) STORAGE TANK FORMS SEWER OR SEPTIC TANK ROUGH WIRING DUCT WORK ROCK STORAGE FOUND. REINF. GAS (ROUGH) METER LOOP HEATING (FINAL) OTHER APPJEOUIP. REINF. STEEL GAS (FINAL) TEMP. POLE GROUT WATER HEATER SERVICE FINAL INSP. BOND BEAM WATER SYSTEM GRADING CU. yd. $ plus -x$-=$ LUMBER GR. NAL INS lr�' /' FRAMING F NAL INS ROOFING REMARKS: VENTILATION FIRE ZONE ROOFING FIREPLACE SPARK ARRESTOR GAR. FIREWALL LATHING MESH INSULATION/SOUND FINISH GRADING FINAL INSPECTION CERT. OCC. FENCE FINAL INSPECTOR'S SIGNATURESIINITIALS GARDEN WALL FINAL :d ♦ ♦ i LIC. NO. 524983 ' 75080 St. Charles Place, Suite 13 6� - Palm Desert, California 92211 619-568-0852 ` + FAX 619-341-5161 STN. -RML SPECIFICATIONS % / LENGTH WIDTH O' DEPTH TO , FILTER_ 1000dt-' X e- 69T I �S� PUMP 7's H.P. HEATER BTU LIGHT S I D D 1� SPA SPECIFICATIONS SIZE DEPTH TO , FILTER PUMP H.P. 4 HEATER: BTU JET PUMP H.P. LIGHT . POOL OWNERS.. NAME ADDRESS L Z>T- 2/ , 1�L $/3Lai gr�e1,4 'PHONE NUMBER,- ��` 7 2 Prr3i� r� �c POOL CONTRACTOR MIRAGE WATER FEATURES - 75080 ST. CHARLES PL., SUITEB . PALM DESERT, CALIFORNIA 92211 ' LIC. # C53 524983 92 41 ^ M CEF v A C ALL APPOCABLE D M _ y DATE B •..... Y �� it ..,_ - �c-`� �, Iq r- i'.ter �-... �` . ` �... �""�,. �� s. /. `_� • r - - - ... -'- � � - .�y tea. � '''"-� s �� � .. C,y,;.,• .y�.,' <i o c.n u.S �,�' pja p > y FEB 24 '95 12 : 20Pf1 . ' 'P. 2' . RECREATION . • CaRPORA.TIO.N POOL SETBACK EXCEPTION AGREEMENT February 22, 199,5 Mr. Richard H. Guenther Lani L. Guenther 55-053 .Southern Hills La Quints, CA 9225.3 Dear Mr. & Mrs. Guenther: THIOPOOL SETBACK EXCEPTION AGREEMENT (the "Agreement"), made effective the -Sy of February, - 1995, by and between KSL PGA WEST CORPORATION, a De a1 wain corporation ("KSL"), and Richard'•H. Guenther and Tani L. Guenther„ ("Guenther").. RECITALS WHEREAS, TESL is the owner of certain real property developed as a golf course located in the City of La.Quinta,• California and commonly known•as "The TPC Stadium Course WHEREAS, Guenther is the owner of certain real property located immediately adjacent to the. TPC Stadium -Course in the City of La Quinta•, California, dbmmonlyacnown•as 55-725 Pebble Beach, La Quints, CA 92253 (the "Guenther Property") and more .particularly described. on Exhibit A, attached hereto and by this reference made. a pan hereof, and ,desires to build'a pool on the Guenther Property (the ".Project"); WHEREAS, the City of La Quinta Municipal Code §9,156.170 requires'a mir mum setback of five feet to. any'property line except with the approval of the adjacent property owner and, Guenther desires to build the. Project within the five foot setback adjacent to the TPO Stadium Course property line; WHEREAS, subject to the terms, covenants •and conditions of this, Agreement, KSL is willing to grant Guenther permission to install the Project' within the five foot setback adjacent to the, TPC'.Staldiutit Course property line, in consideration of certain underukings with respect to the , Project by Guenther; NOW THEREFORE, in consideration of the Reciials, the mutual. promises contained herein- and other good and valuable. consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GRANT. (a) In accordance with the provisions of §9,156.170 of City of La Quints Municipal Code, KSL hereby consents to Guenther's construction of the Project within . the five foot setback area adjacent to, the TPC Stadium Course property line. and contained within the Guenther Property, more particularly described on Exhibit A. Under no circumstance shall, Guenther enter upon, store materials or equipment* upon, grade or construct any. improvement . on the TPC Stadium Course, 56.140 PGA Boulevard • 'La Quirita, California 92253 (619) 564.1088 -Tax (619) 564-4880 FEB 24 195 12:20PM Richard H. Guenther Lani t. Guenther Page 2 P.3. (b) The parties acknowledge that Guenther shall not, by reason of the Agreement, obtain any•temporary'or perpetual rights or interests in the TPC Stadium,Course, KSL hereby specifically reserves and'sliall retain all rights in and. to .the TPC Stadium Course. 2. TERM. The "Term" of this Agreement shall commence upon the date first above written and shall expire December 3l,'2094-, uniess'terminated,earlier upon the terms contained herein, 3,- USE OF THE PREMISES.. -(a) Guenther agrees to be responsible:for the clean- up of any new environmental contamination,' and/or aggravation of existing contamination',: which occurs as a result of, or arises in connection with, the, Project on the , Guenther Property grid to indemnify and hold KSL harmlessfrom and' against any and all claims, losses, *damages and '• injuries of any nature ' whatsoever resulting from or*. arising out of• such contamination. Cuenther's obligation to observe and perform this covenant shall survive the expiration or other termination of this Agreement. (b) Guenther'shall be -responsible for obtaining'all permits and approvals from all'applicable governmental authorities necessary, in connection with the. Project on the,Guenthex Property, (c) Guenther agrees that any and all costs incurred with regard to the Project, or any claims of third .parties for liens, personal injury, or, property damage with respect to the ' use of the Guenther Property shall' be borne by Guenther at • Guenther's sole cost and expense. Guenther agrees to indemnify, defend and. hold KSL harmless from"and against any lien, claim, foss, cost or liability of any nature whatsoever arising -out of or incurred in connection with the , Project, ; (d) Guenther shall not.cause, suffer or'permit any mechanic's, materialmAn'6 or other liens to attach to. or be recorded against the TPC . Stadium Course in connection with work performed for Guenther. 4. GVENTHER'S OBLI_GATI4NS. • (a) Guenther agrees tQ be fully responsible for the TPC Stadium Course during the -performance of the Project. (b) Guenther shall be financially responsible for any damage or injury to the , TPC Stadium Course or to 'any person which may arise in connection. - with this Agreement and/or the Project. (c) Guenther will be responsible for the landscaping, repair- and maintenance of its own property lying between the property line of -the 'TPC. Stadium Course and the Project. (d), ' Guenther' 'obligation to ,observe and perform this covenant shall survive the expiration or other termination of this ,:¢1g'reement. ; pgaweselguenther,agm , February 22. 1995 legdllproperty t FEB 24 '95 12:21PII P.4 Richard H. Guenther Lani L. Guenther Page 3 5. DEPOSIT. Guenther shall' deposit with. KSL a check in the amount of One Hundred' .Fifty Dollars and , no/cents ($150.00), made payable to KSL, which represents Administrative costs incurred. and t�ecording fees paid, by KSL for,the Memorandum of Pool Setback Exception Agreement described in Section 9 herein. 6. INSURANCE and LICENSES. At all -times, during the Term of*this - Agreement, Guenther, its successor or assigns, shall carry and maintain,, in full force and effect; at their sole cost and expense, the following insurance. policies. with insurance companiessatisfactory to KSL., Such policies shall include a provision requiring a minimum of 30. days' notice to- KSL of any change or cancellation. KSL shall be named as an additional insured on the policies, listed in Subsections 6(a) and (b) 'as its interests may appear. (a) Comprehensive general liability insurance, in an occurrence format in, -an amount of $1,000, 000 per occurrence, including the following coverages: contractual liability,. personal injury, broad form property damage, independent contractors and'premises operations; (b) Comprehensive vehicle, liability., insurance on all vehicles. used in connection with this Agreement, in an amount of $500,000 combined single limits for bodily injury and property damage, per. occuirrence. (c) 'Workers' Compensation insurance in•accordarice with the provisions of the Workers' Compensation Act of the State of California for all Guenther'., .contractor',s and any • subcontractor's employees engaged in connection with this Agreement. (d) Guenther agrees to provide KSL with certificates of insurance evidencing the policies listed 'above* upon execution of - this Agreement as a condition to commencing any of the.activities contemplated, by this Agreement. 7. MALNTENAN Q. (a) The. activities involved -in maintaining the, golf course landscaping include, but are not limited to, mowing, weed eating; clipping,' dethatching, aerifying, fertilizing, Oerseeding, and irrigation (the ."Maintenance "-) , ' ,KSL and Guenther agree, that due to the, close proximity of the pool to the golf course landscaping,. the pool, its filtration system and related improvements may be. impacted by .the- Maintenance of the golf course. Guenther'hereby declares and agrees that Guenther, its successors -or assigns, ,shall have sole responsibility for the maintenance, repair and replacement of the pool, the pool filtration system and related improvements located on the Guenther Property; Guenther, for itself, its successors and assigns, hereby waives any claim for. personal, injury or property damage arising out of such Maintenance. '(b) Guenther hereby declares and agrees that KSL, its, successors and assigns, shall have sole right and responsibility for the selection, location and maintenance of golf course landscape components which include, but are not limitedto, - plants; - shrubs, trees, .and turf. Guenther, its successors or assigns, 'shall 'not have any rights with regard . to' the selection, location, or maintenance .of golf course,. landscape components: Guenther further declares and pgaivestlguenther.agm February 22, 1995 legal{property' t FEB 24 '95 12:22PM P.5 Richard H. Guenther Lara L. Guenther Page 4 agrees that by locating the Project within the setback area, roots from landscape components could invade the Project. Guenther, for itself, its successors and assignshereby waives any claim for personal injury or property damage arising out of such.landscape components. (c) The obligations of Guenther set forth in this Paragraph ..shall survive the, . expiration or. other termination. of this Agreement, 8. I DEMNIT , ' Guenther shall reimburse, indemnify and hold KSL, its subsidiaries and affiliates, their respective officers; directors, agents and employees and the Premises free, clear and harmless from any and all demands; ,claims,. causes of � action,, damages, liabilities, liens, losses, costs, charges, penalties, obligations, judgments, fines and expenses (including,, without limitation, attorneys' fees) of any kind whatsoever, in connection with, arising out of or by reason of (i) any breach, violation or nonperformance. -by Guenther; its agents, servants,, employees, subcontractors or invitees, of any covenant or provisions of this Agreement or'any law; ordinance, rule,. regulation or order. or by,- reason of any. damage; harm or loss to the . Premises,, and *(ii) any losses 'or damages that arise out of, or in connection with the Maintenance . of the .TPC Stadium Course and .any other' property, owned by KSL or its affiliates,' including without limitation the provisions set forth in' Paragraph 8 hereof and any claim of lateral support that may be asserted by the ' owner, of the Guenther Property. This obligation ,shall expressly survive the termination of this Agreement... 9. R'ECMIL1G, -(a).. Guenther, .hereby agrees and declares that the Guenther Property shall be held .and conveyed subject to -the terms, conditions, covenants and restrictions contained in this Agreement. These conditions, covenants and restrictions shall run with the Guenther Property and shall be binding upon all parties having -or acquiring any right or title in the Guenther ,Property or any part thereof, and shall inure to each successor owner, (b) A document entitled ."Memorandum, ...of Pool Setback Exception Agreement," a copy of which is attached Hereto as Exhibit, B and incorporated herein by reference, • shall be recorded with the Riverside. County, Recorders*,offiee. The Pool , Setback Exception Agreement shall not be recorded. -or otherwise made of record in any state or county._ Recordation of'. the Pool Setback, Exception Agreement shall render ' it unenforceable as • to Guenther rights- hereunder. Recording, shall, not vitiate any of .Guenther obligations to KSL hereunder. 10, REPRESENTATIONS AND WAltR&kUIES. Guenther represents and warrants to KSL that Guenther has the capacity and authority to consummate this Agreement. , 11. MISCELLANEOUS. (a) - Except as herein• otherwise provided, no amendment,, alteration, modification of or addition. to -this Agreement shall, be valid or' binding unless expressed in writing and signed by the party or parties to be bound thereby.,.* (b) This Agreement shall be .governed by and interpreted in accordance with the laws of the State of California.. pgawestlguwuher,agrn ,February'22, 1995 legallproperty FEB 24 195 12:29PfI P.6 Richard H. Guenther Lani L. Guenther. Page 5 (c) " " This Agreement contains the entire Agreement and understanding between the parties and there• are no terms, covenants or conditions which exist other than those contained herein. (d) If any party hereto shall bring any • suit ,or action against.another for relief, . declaratory or . otherwise, arising out • of this Agreement, the prevailing party shall have, and . record• against the other party, in addition to all court costs and disbursements, such sum as the Court may adjudge •to*be reasonable attorneys' fees, (e) This Agreement -may be executed in one or more separate' counterparts" . each of which; when so executed,' shall be deemed *to be an original. Such counterparts shall; together, constitute grid be one and the'same.instrdment. ; Please review this Agreement to'ensure that the terms accurately reflect our 4greement. If this Agreement is, acceptable to. you., 'indicate your*.acceptance by signing both copies of this Agreement in the space provided below -and,-,by signing' with the proper ' notarization acknowledgment, the -Memorandum of: Pool Setback Exception. Agreement. , 'Return both execution originals of this Agreement. and .the execution original of the; Memorandum .of Pool Setback Exception Agreement to us;: including certificate{s) of insurance as detailed in Section 6, inclusive: A countersigned original of.this.Agreement will be, returned to,,you for your file. Very truly. yours, KSL PGA NEST CORPORATION. E: chliter Exec five iee.Presid nt ACKNO,LEDGED AND ACCEPTED, this :27, ay,.of February., 1995 . Rich d H. 'Guenther, Lan' L. Guenther pgawesAguentl1W. agm February, 22, 1,995 legal *operty :