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BMCH2017-003878-495 CALLE TAMPICO - LA QUINTA, CALIFORNIA 92253 Application Number: BMCH2O17-0038 Property Address: 55870 PEBBLE BEACH APN: 775130018 Application Description: RIPPEE / A/C CHANGEOUT Property Zoning: workers' compensation provision's of Section 3700 of the Labor Code, I shall forthwith Application Valuation: $0.00 Applicant: ALBERT OLALDE DBA A AND G AIR SERVICES 81891 SANDY COURT INDIO, CA 92201 4.4 Quu z DESIGN & DEVELOPMENT DEPARTMENT BUILDING PERMIT LICENSED CONTRACTOR'S DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my License is in full force and effect.. License Class: C20 �t License No.: 7431^85 Contractor: VOICE (760) 777-7125 FAX (760) 777-7011 INSPECTIONS (760) 777-7153 Date: 2/22/2017 Owner: JEFF RIPPEE 55870 PEBBLE BEACH LA QUINTA, CA 92253 Contractor:. ALBERT OLALDE DBA A AND G AIR SERVICES 81891 SANDY COURT INDIO, CA 92201 (760)342-0100 Llc. No.: 743185 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 :t�e w,prlkfor which this permit is issued.N y ave and will maintain workers'compensation insurance, as required by Se on 3700 of the Labor Code, for the performance of.the work for which this permit is issued. My workers' compensation insurance carrier and policy number are: OWNER -BUILDER DECLARATION Carrier: NORGUARD INSURANCE COMPANY Policy Number: ALWC700545 I hereby affirm under penalty of perjury that I am exempt from the Contractor's State I certify that in the performance of the work for which this permit is issued, I License Law for the following reason (Sec. 7031.5, Business and Professions Code: Any shall not employ any person in any manner so as to become subject to the workers' city or county that requires a permit to construct, alter, improve, demolish, or repair any compensation laws of California, and agree that, if I should become subject to the structure, prior to its issuance, also requires the applicant for the permit to file a signed workers' compensation provision's of Section 3700 of the Labor Code, I shall forthwith statement that he or she is licensed pursuant to the provisions of the Contractor's State comply with those provisions. 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 D-ya ,g.�il2. Appy 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).: WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, (_) I, as owner of the property, or my employees with wages as their sole AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO compensation, will do the work, and the structure is not intended or offered for sale. ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, apply to an owner of property who builds or improves thereon, and who does the work INTEREST; AND ATTORNEY'S FEES. 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 APPLICANT ACKNOWLEDGEMENT within one year of completion, the owner -builder will have the burden of proving that he IMPORTANT: Application is hereby made to the Building Official for a permit subject to or she did not build or improve for the purpose of sale.). the conditions and restrictions set forth on this application. I ) 1, as owner of the property, am exclusively contracting with licensed contractors to 1. Each person upon whose behalf this application is made, each person at whose construct the project. (Sec. 7044, Business and Professions Code: The Contractors' State request and for whose benefit work is performed under or pursuant to any permit issued License Law does not apply to an owner of property who builds or improves thereon, as a result of this application, the owner, and the applicant, each agrees to, and shall and who contracts for the projects with a contractor(s) licensed pursuant to the defend, indemnify and hold harmless the City of La Quinta, its officers, agents, and Contractors' State License Law.). employees for any act or omission related to the work being performed under or (_) I am exempt under Sec. B.&P:C. for this reason 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 Dater Owner: for 180 days will subject permit to cancellation. CONSTRUCTION LENDING AGENCY I certify that I have read this application and state that the above information.is correct. I hereby affirm under penalty of perjury that there is a construction lending agency for. I agree to comply with all city and county ordinances and state laws relating to building the performance of the work for which this permit is issued (Sec. 3097, Civ. C.). construction, and hereby authorize representatives of this city j2Xx1gr upon the above- mentioned property for inspection purposes. Lender's Name: f Da� t ^� Signature(Applicant-or-Agee Lender's Address: `�. Date: 2/22/2017 Application Number: BMCH2O17-0038 Owner: Property Address: 55870. PEBBLE BEACH JEFF RIPPEE APN: 775130018 55870 PEBBLE BEACH Application Description: RIPPEE / A/C CHANGEOUT LA QUINTA, CA 92253 Property Zoning: Application Valuation: $0.00 Applicant: Contractor: ALBERT OLALDE DBA A AND G AIR SERVICES ALBERT'OLALDE DBAA AND G AIR SERVICES 81891 SANDY COURT 81891 SANDY COURT INDIO, CA 92201 INDIO, CA 92201 (760)342-0100 LIc. No.: 743185 Detail: HVAC CHANGE OUT 2 SYSTEMS ADDITIONAL FURNACE AND COIL - (1&2&3)14SEER/81AFUE SPLIT SYSTEMS [2016 ENERGY] CARBON MONOXIDE ALARM(S) TO BE INSTALLED PRIOR -TO FINAL INSPECTION. 2016 CALIFORNIA BUILDING CODES. FINANCIAL INFORMATION DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT -FURNACE ONLY 101-0000-42402 0 $38.00 DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT- FURNACE ONLY PC 101-0000-42600 0 $25.33 DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT - REPAIR/ALTERATION 101-0000-42402 0 $12.67 DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT - REPAIR/ALTERATION PC 101-0000-42600 0 $5.07 DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT - SPLIT -SYSTEM 101-0000-42402 0 $152.00 DESCRIPTION ACCOUNT QTY AMOUNT HVAC CHANGEOUT- SPLIT -SYSTEM PC 101-0000-42600 0 $76.00 Total Paid for CHANGEOUT: $309.07 DESCRIPTION ACCOUNT QTY AMOUNT PERMIT ISSUANCE 101-000042404 0 $96.27 Total Paid for PERMIT ISSUANCE: $96.27 DESCRIPTION ACCOUNT QTY AMOUNT TECHNOLOGY ENHANCEMENT FEE 502-0000-43611 0 $5.00 Qin # Permit # Project Address:O Qty of La' Quinta Building & Safety Division 78-495 Calle Tampico La Quinta, CA 92253 - (7-60) 777-701,2 Building Permit Application and Tracking Sheet Q wner's Name: , �"e "' A. P. Number: Address: Legal Description: Contractor: r• Address: City, ST, Zip: P 1 Telephone: Project Description: City, ST, Zip: Telephone: L� State Lie. # : Arch., Engr., Designer: City Lie. #; r �-c Address: City, ST, Zip: Telephone: an cY� n tructi n Type: Occupancy: CoYs o P P #: Demo Lie. Alter Repair.air• - Project type circle one): :N w Add'n Name of Contact Person: N r G\ Sq. Ft.: # Stories: # Units: Telephone # of Contact Person: S -� Estimated Value of Project: \� (�(7 APPLICANT: DO NOT WRITE BELOW THIS LINE # Submittal Req'd Rec'd TRACKING PERMIT FEES Plan Sets Plan Check submitted Item Amount Structural Calcs. Reviewed, ready for corrections Plan Check Deposit Truss Calcs. Called Contact Person Plan Check Balance.. Title 24 Calcs. Plans picked up Construction ' Flood plain plan Plans resubmitted Mechanical Grading plan 2'd Review, ready for corrections/issue Electrical . SubcontactorList Called Contact Person Plumbing Grant Deed Plans picked up S.M.I. I.I.O.A. Approval Plans resubmitted Grading IN HOUSE:- Review, ready for corrections/issue Developer Impact Fee Planning Approval Called Contact Person A.I.P.P. Pub. Wks. Appr Date of permit issue School Fees, Total Permit Fecs CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 1 of 9) Project Name: 55870 Pebble Beach Enforcement Agency: City of La Quinta Permit Number: Dwelling Address: 55870 Pebble Beach City: La Quinta Zip Code: 92253 A. General Information 01 Dwelling Unit Name 55870 Pebble Beach 02 Climate Zone 15 03 Dwelling Unit Total Conditioned Floor 3924 30 Number of Space Conditioning 3 CFA served Area (ft2) Installing a Systems in this Dwelling Unit. Installing OS Certificate of Compliance Type Prescriptive alterations (CF111-ALT) 06 Method Used to Calculate HVAC Loads NotApplicableEquipmentChangeout 07 Calculated Dwelling Unit Sensible This field or section is not applicable 08 Calculated Dwelling Unit Heating Load This field or section is not applicable Identification or Cooling Load (Btu/h) System ducted (Btu/h) system 09 Dwelling Unit Number of Bedrooms 4 Name Served MCH -01b - Space Conditioning Systems Ducts and Fans - Prescriptive Alterations B. Space Conditioning (SC) System Information�N.! 4 01 02 03 04 05 06 07 08 09 30 CFA served Is the SC Installing a Installing SC System SC System by this SC system a refrigerant Installing new SC Installing more entirely Installing Identification or Location or Area System ducted containing system than 40 feet of new duct entirely new Name Served (ft2) system? component? components? ducts? system? SC system? Alteration Type Altered space System 1 Location 1 1200 Yes Yes Yes No No No conditioning system Altered space System 2 Location 2 1600 Yes Yes Yes No No No conditioning system Registration Number: 217-AO20057988A-000-001-MO1001C-0000 Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CalCERTS CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 2 of 9) B. Space Conditioning (SC) System Information 01 02 03 04 05 06 07 08 09 10 11 12 CFA served Is the SC Installing a Installing SC System SC System by this SC system a refrigerant Installing new SC Installing more entirely Installing Identification or Location or Area System ducted containing system than 40 feet of new duct entirely new Name Served (ft2) system? component? components? duds? system? SC system? Alteration Type (CFI) SC Altered Heating Minimum Altered Altered space System 3 Location 3 1124 Yes Yes Yes No No No conditioning Cooling Cooling Efficiency Efficiency Thermostat Dud Dud System or Name system C. Space Conditioning (SC) System Alterations Compliance Information 01 02 03 04 05 06 07 08 09 10 11 12 13 Central Fan Integrated Heating Cooling New or (CFI) SC Altered Heating Minimum Altered Cooling Minimum Required Replaced New Ventilation Identification Heating Heating Efficiency Efficiency Cooling Cooling Efficiency Efficiency Thermostat Dud Dud System or Name System Type Component Type Value System Type Component Type Value Type Length R -Value Status This field All new All new N/A - no or System 1 Central gas heating AFUE 81 Central cooling SEER 14 Setback ducts sectio Not a CFI furnace componen split AC components replaced n is system is not applic able Registration Number: 217-AO20057988A-000-001-MO1001C-0000 Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 J CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 3 of 9) C. Space Conditioning (SC) System Alterations Compliance -information---- - ---- ----«.01 01 02 03• 04 05 06 07 08 09 30 31 12 13 Heating Unit Serial Rated Heating Capacity,- SC Identification or Name '' Heating Efficiency Type - -- Value -- Manufacturer - Model Number - -Number, Output (Btu/h) 81 - =_ Central Fan Integrated TUE1B06EA9361A 16301T9F1G _.. _ . .48000_=_ _Heating. -..._ ..... .. _ _. _ _ Cooling __. _ . __ New or., -, . - -(CFI). Sc Altered Heating Minimum ( Altered • Cooling Minimum Required Replaced New Ventilation :F Identification Heating Heating Efficiency Efficiency Cooling Cooling.,4 , Efficiency Efficiency Thermostat- ' Duct Dud - System or Name- - System -Type Component Type - Value-- r System Type Component- ---Type. Value' -Type- Length R -Value • -- Status • - . , ,. ; a. ' ;"• �'T," +'•� This All j f -field --cz new heatingt ;x£ ., t .:=r -, All ne `1 L�; '' '�� " •�. no or sectio, a CFI f• System RCentraI gas,,• r'AFUE= "== 81 r -,.Central -: t �oolirig' �` SEER'r 14' Setback `� ducts + t `Not .. furnace _( componen _. .ts _,+ I -.----, ,.,split AC - -- :components --- ----� - ,,, - _; , �;• - -, , ; -- -- repla ced -- _. _ n is -not :,system -q-t y .,, 0C. - j �� r * applic able- nT C• ,r.*�.-�tt' r�r zy ; ,bt t. �; , ,c:l fir*This field _AII new . ____. ___ _ C -_ N/A' = or- no' System 3 Central gas heating r� AFUE`r,,� 81 Central +,-Indoor-eollfYSEEI2 + 14 Setback ducts sectio Not a CFI - -- - -- -furnace componen . _ __ _ . T . _ _ :... -. ._ split AC _. - _ r .. replaced __n is system. is not u e 7 applic' i ' _ _ - t .- able - D. Installed Heating Equipment Information' e ' _01 02 03 04 05 06 07 - - - - - Heating Efficiency Heating Unit - - Heating Unit - Heating Unit Serial Rated Heating Capacity,- SC Identification or Name '' Heating Efficiency Type - -- Value -- Manufacturer - Model Number - -Number, Output (Btu/h) 81 - =_ :.. TRANE __ • TUE1B06EA9361A 16301T9F1G _.. _ . .48000_=_ System 1 -AFUE Registration Number: 217-A020057988A-000-001-MO1001C-0000 CA Building Energy Efficiency Standards - 2016 Residential Compliance Registration Date/Time: 2017-02-22 10:31:10 y HERS Provider: CaICERTS 4 Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 4 of 9) D. Installed Heating Equipment Information 01 02 03 04 05 06 07 Heating Efficiency Heating Unit Heating Unit Heating Unit Serial Rated Heating Capacity, SC Identification or Name Heating Efficiency Type Value Manufacturer Model Number Number Output (Btu/h) System 2 AFUE 81 TRANE TUE1B08E A9481A 1623RARlG 64000 Conditions (Btu/h) (ton) System 1 SEER 14 TRANE 4TTR403371-100 System 3 AFUE 81 TRANE TUE1B06E A9361A 16302TFClG 48000 OAA System 2 SEER 14 Notes: E. Installed Cooling Equipment Information 01 02 03 04 05 06 07 08 Condenser or Package Unit Condenser or Condenser or Condenser or System Rated Cooling Condenser Rated SC Identification or Cooling Efficiency Cooling Efficiency Package Unit Package Unit Package Unit Capacity at Design Nominal Capacity Name Type Value Manufacturer Model Number Serial Number Conditions (Btu/h) (ton) System 1 SEER 14 TRANE 4TTR403371-100 17045RFU3F 37000 3 OAA System 2 SEER 14 TRANE 4TTR400A4A8L100 17053L3D3F 48000 4 System 3 SEER 14 ADP TG35636D145B 7117AO9328 36000 3 2222AP Notes: Registration Number: 217-AO20057988A-000-001-MO1001C-0000 Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CalCERTS CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION • - - CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 5 of 9) { F. Extension of Existing Duct System, Greater Than 40 Feet This section does not apply to this project. r -H. Installed'Air Filter Device Information—� f t h•xt • i This section does not apply to this project. ! , I. Air Filter Device Requirements J7,!:5 This sectiondoes not apply to this-projia: - Hnc, .,� i1 t 'A' .�f. , X4,6 � . } 1 ..• �- ~� , !. = ~~ { .., ... .;s...i. r} �4 C:.w� F _ . .tet 1 i, ft �� i �'c—tit t. 1 .i: 'y - `_.! "� d •p .1 a'r +:ref, ' t ._• — 1 .. _ c �.. ..."{,. _1? t r _ � _ _ . _. fy ..-.. - __._.+ _�._ .rte - - _ -• -- - - - f - -_ t _ u �. _ _ � t _ � i � _ - S - - - - - '. Registration Number. 217-A020057988A-000-001-MO1001C-0000 Registration Date/Time:2017-02 22 10:31:10 HERS Provider: CaICERTS p CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 6 of 9) J. HERS Verification Requirements 01 02 03 04 05 06 07 08 09 10 Exemption MCH -20 from MCH -23 Minimum MCH -22 MCH -25 Exemption R -Value for MCH -21 AHU MCH -28 SC System SC System From Duct Duct Ducts In AHU Fan Airflow Identification or Location or Area Leakage Leakage Conditioned Duct Location Efficacy Rate Refrigerant Return Dud Design Name Served Requirements Test Space Verification (W/cfm) (cfm/ton) Charge - Table 150.0-8 or C Altered duct system has System 1 Location 1 less than 40 ft No Not No No Yes Yes No of duct in applicable unconditioned spaces Altered dud " system has System 2 Location 2 less than 40 ft NO Not No No Yes Yes No of duct in applicable unconditioned spaces Altered dud system has System 3 Location 3 less than 40 ft No Not No No Yes Yes No of duct in applicable unconditioned spaces Notes: Registration Number: 217-AO20057988A-000-001-MO1001C-0000 Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 7 of 9) K. Space Conditioning Systems, Ducts and Fans Mandatory Requirements and Additional Measures Note: Additional mandatory requirements from Section 150.0 that are not listed here may be applicable to some systems. These requirements may be applicable to only newly installed equipment or portions of the system that are altered. Existing equipment may be exempt from these requirements. Heating Equipment 01 Equipment Efficiency: All heating equipment must meet the minimum efficiency requirements of Section 110.1 and Section 110.2(a) and the Appliance Efficiency Regulations. 02 Controls: All unitary heating systems, including heat pumps, must be controlled by a setback thermostat. These thermostats must be capable of allowing the occupant to program the temperature set points for at least four different periods in 24 hours: See Sections 150.0(1), 110.2(b). 'Sizing: Heating load calculations must be done on, portions of the building served"by new heating systems to prevent inadvertent undersizing or oversizing. See sections - 03 150.0(h)land 2). Furnace Temperature Rise: Central forced -air, heating furnace installations must be configured to operate at or below the furnace manufacturer's maximum -- -^- - - - 04 -: inlet-to=outlet tem'per'ature nse speclflcation.�See Section 150.0(h)4. ..: 05 a continuously burp4ot;hght!Section 1105 and Section 110.2(d). Standby losses and Pilot Lights Fan -type central furnaces may notcontinuously--burning ,have Cooling Equipment ; P .E S06 Equipment Efficiency: All cooling eq ipmentmust meet the minimum efficiency`requirements of,Section,110.1Tand Se"ctio•n 110 2(a)^and the Appliance Efficiency i --� - - l.«- #_ ;1-_-� _t+ Regulations: 07 Refrigerant Line Insulation: All -refrigerant line insulation in split system air conditioners and heat pumps must meet the'R-value and protection requirements of Section 150.0(1)2 and 3; and Section 150.0(m)9. -08 : 'Condensing Unit Location: Condensing units shall not be placed within five (5) feet of a dryer vent outlet. See Section 150.0(h)3A.- - --- - - - _ - - - 09 Liquid Line Filter Drier: If applicable, a.liquid line filter drier shall be installed according to the manufacturer's specifications. Section 150.0(h)3B �` I 10 Sizing: Cooling load calculations must be done on portions of the building served by new cooling systems to prevent inadvertent undersizing or oversizing. See Section 150.0(h)1 and 2. . Air Distribution System Ducts, Plenums and -Fans i t I Registration Number:• 217-A020057988A-000-001-M01001C-0000 CA Building.Energy Efficiency Standards - 2016 Residential Compliance Registration Date/Time: 2017-02-22 10:31:10 Report Version: 2016.1.005 Schema Version: rev 10/16 f HERS Provider: CaICERTS Report Generated: 2017-02-22 10:28:12 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 8 of 9) K. Space Conditioning Systems, Ducts and Fans Mandatory Requirements and Additional Measures Note: Additional mandatory requirements from Section 150.0 that are not listed here may be applicable to some systems. These requirements may be applicable to only newly installed equipment or portions of the system that are altered. Existing equipment may be exempt from these requirements. 11 Insulation: In all cases, unless ducts are enclosed entirely in directly conditioned space, the minimum duct insulation value is R-6. Note that higher values may be required by the prescriptive or performance requirements. See Section 150.0(m)1. Connections and Closures: All installed air -distribution system duds and plenums must be, sealed and insulated to meet the requirements of CMC Sections 601.0, 12 602.0, 603.0, 604.0, 605.0 and ANSI/SMAC NA -006-2006: Supply -air and return -air ducts and plenums must be insulated to a minimum installed level of R-6.0 or enclosed entirely in directly conditioned space as confirmed through field verification and diagnostic testing in accordance with the requirements of Reference Residential Appendix RA3.1.4.3.8. Heat Pump Thermostat 13 A thermostat shall be installed that meets the requirements of Section 110.2(b) and Section 110.2(c). 14 The thermostat shall be installed in accordance with the manufacturers published installation specifications 15 First stage of heating shall be assigned to heat pump heating. 16 Second stage back up heating shall be set to come on only when the indoor set temperature cannot be met. The responsible person's signature on this compliance document affirms that all applicable requirements in this table have been met. Registration Number: 217-A020057988A-000-001-M01001C-0000 Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 Report Generated: 2017-02-22 10:28:12 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-01-E Space Conditioning Systems, Ducts, and Fans (Page 9 of 9) Documentation Author's Declaration Statement 1: I certify that this Certificate of Installation documentation is accurate and complete. Documentation Author Name: - Documentation Author Signature: �j/J/j %%/%�/ �GGi Albert Olalde �QQ eit Company: Signature Date: ' Albert Olalde 2017-02-22 10:31:09 Address: CEA/ HERS Certification Identification (if applicable): 81891 sandy Court . City/State/Zip: Phone: 1760-342-0100 Indio CA 92201 + Responsible Person's Declaration statement , I certify the following under penalty of perjury, under the laws of the State of California: 1. The information provided on this Certificate of Installation is true and correct. 2. 1 am either: a) a responsible person eligible under Division 3 of the Business and Professions Code in the applicable classification to accept responsibility for the system design, construction, or installation of features, materials, components, or manufactured devices for the scope of work identified on this Certificate of Installation, and attest to the declarations in this statement, or b) I am an authorized hal— f representative of the responsible person and attest to the declarations in this statement on the responsible person's behalf.. 3. The constructed or installed features, materials, components or manufactured devices (the installation) identified on this Certificate of Installation conforms to all applicable codes and regulations and the installation conforms to the requirements given on the Certificate of Compliance; plans; and specifications approved by the enforeem'nt agency.i I w 4. 1 will ensure that a registered copy of this Certificateof Installation�shall be posted or made available1with the building permit(s) issued for the building f and made available to the enforcement agency for all applicable inspections. I understand that a registered copy`ofthis Certificate of Installation is required to be}iricludeedd with the documentation the provides to the building owner at occupancy. -builder tw7�� 1 + 1 Responsible Builder/Installer Name: Responsible Builder/Installer Signature: Albert Olalde Company Name: (Installing Subcontractor or General Contractor or Builder/Owner) Position With Company (Title): Albert Olaide OWNER Address: CSLB License: 81891 sandy Court 743185 City/State/Zip: Phone: Date Signed: Indio CA 92201 760-342-0100 12017-02-22 10:31:10 Digitally signed by CaICERTS. This digital signature is provided in order to secure the content of this registered document and in noway implies Registration Provider responsibility for the accuracy of the information. Registration Number: 217-A020057988A-000-001-MO1001C-0000 Registration Date/Time: 2017-02-22 10:31:10 CA Building Energy Efficiency Standards - 2016 Residential Compliance Report Version: 2016.1.005 _ Schema Version: rev 10/16 HERS Provider: CaICERTS Report Generated: 2017-02-22 10:28:12 CERTIFICATE OF INSTALLATION CF2R-MCH-23-H Space Conditioning System Airflow Rate (Page 1 of 4) Project Name: 55870 Pebble Beach Enforcement Agency: City of La Qu i nta Permit Number: Dwelling Address: 55870 Pebble Beach City: La Quinta Zip Code: 92253 A. Ducted Cooling System Information 01 System Identification or Name System 3 02 System Location or Area Served Location 3 03 System Installation Type Alteration 04 Nominal Cooling Capacity (tons) of Condenser 3 05 Condenser Speed Type Single Speed 06 Cooling System Zonal Control Type Not Zonal 07 Central Fan Integrated (CFI) Ventilation System Status Not a CFI system 08 System Bypass Duct Status No Bypass Duct 09 Date of System Airflow Rate Measurement 2017-02-21 10 Airflow Rate Protocol Utilized RA3.3.3.1.5 Alternative to Compliance with Minimum System Airflow Requirements B. Hole for the placement of a Static Pressure Probe (HSPP), and Permanently Installed Static Pressure Probe (PSPP) in the Supply Plenum. Procedures for installing HSPP or PSPP are specified in RA3.3.1.1. 01IMethod Used to Demonstrate Compliance with the I HSPP installed and labeled consistent with Figure RA3.3-1 HSPP/PSPP Requirement C. Airflow Rate Measurement Apparatus and Procedure Information Instrument Specifications are given in RA3.3.1.1, and system airflow rate measurement apparatus information is given in RA3.3.2. 01 Airflow Rate Measurement Type used for this airflow rate Flow Grid according to procedure in RA3.3.3.1.2 verification. 02 Manufacturer of Airflow Measurement Apparatus MINNEAPOLIS 03 Model number of Airflow Measurement Apparatus DG700 Certification Status of the Airflow Measurement Apparatus Certified by Manufacturer and listed on CEC Website at 04 Accuracy http://www.energy.ca.gov/title24/equipment_cert/ama_fas /index.html Registration Number: Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS 217-A020057988A-000-001-M23003A-0000 CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:29:23 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION Space Conditioning System Airflow Rate e ,e. x*ur-tt (Page 2 of 4) MCH23c Forced Air System Airflow Rate Measurement:- Alternative to Compliance with Minimum System Airflow . Requirements for Altered Systems _. t ,t,+ r n�► a+� ..0 _; , , - D. Alternative to Compliance with Minimum System Airflow Requirements for Altered Systems i-- U , The installer shall attempt to correct non-compliant system airflow rates by performing the following remedial actions as specified - in RA3:3.3.1.5 4 .. '. i )i 1n 7Lr . . i, T ; „4:. _•rr 01 Determine that the air filter media is clean. If the air filter -+ - Completed--. ompleted--media 900 mediais dirty, then'replace it with clean filter media •"-• t ^- J11-1 ,'iw. 03 , s . �•f:. 720 04 Compliance Statement: 02 Open all registers and dampers and remove any Completed £' t ,.*..; ,- . •,_ +, c.= obstructions.- 4 Replace/Repair all accessible crushed, blocked; restricted,, +. 'Completed I r', + +.T':T,-, .;- z i 03 remove excess length; arid sharp bends in ducts. Supported '..vel: ! •' + .�' .: + , i Z.' dJPi+ " ;t*'+yr �s..7 =7 t every 4 ft max. with a max. 2 in sag:- ,. tLL. r,i 1 I '0,.:�t; Clean the evaporator1coil according to the manufacturer and Completed; ?x' 04 ensure tl e -coil is not obstructed.-. -�' ;" - -- - -k- - ---- --` - - - - - -- - - -- OS -Air handler fan speed set to high and blo ow wh el'ariV, • �^ Completed.,, -- - -- - - - motor are operating proper) . y1 � 1 ^� ? It I P r! iii - i L:../ .w a'1 06 If determined to be too sma►I,; eolace the return•duct with at Not Completed - larger one and/or add a second return du ` - --- -fir-- - -- - -+�-- i If determined to be too small, replace the return grille with - t ' Not Completed 07 a larger area grille. �.�;,.�.• nc>i i•� If any of the above were not completed list the Actions T •• 'DECLINE „4i. x.141re Wil 08 'Required and a description of why the action could not be -v- r";completed: completed: 'mr, n : tw+;t e v ; _ ,,. 7r : . a.(x� .,f;� 4,)a -The responsible person's signature on this compliance document affirms that all applicable requirements in this table have - been met. ri.S ! A'; W. 11 'T41 r . ,..,� r .._ i� r c•Z... r q.n_ y, , . E. Forced Air System Airflow Rate Measurement - Best Airflow Rate Attainable 01 Required Minimum System Airflow Rate (cfm/ton) 300 02 Required Minimum System Airflow Target (cfm) 900 03 Actual System Airflow Rate Measurement (cfm) 720 04 Compliance Statement: The measured Airflow Rate reported on this document is the best airflow rate attainable for compliance utilizing the procedures given in RA3.3.3.1.S. This system shall not be included in a sample group for HERS verification compliance Registration Number: I r • I • . Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CalCERTS 217-A020057988A-000-001-M23003A-0000 E "`.:'.. .r ^• s %' :. , . CA Building Energy Efficiency Standards7' : W Report Version: 2016.1.005 Report Generated: 2017-02-22 10:29:23 2016 Residential Compliance = Schema Version: rev 10/16 _.d r:..!. CERTIFICATE OF INSTALLATION CF2R-MCH-23-H Space Conditioning System Airflow Rate (Page 3 of 4) E. Forced Air System Airflow Rate Measurement - Best Airflow Rate Attainable 05 HERS Sample Group Eligibility Not Eligible for HERS Sample Group for Airflow F. Additional Requirements 01 Air filters that meet the applicable requirements of Standards Section 150.0(m)12 or 150.0(m)13 were properly installed in the system during system air flow rate measurement identified on this Certificate of Installation. The airflow rate measurement apparatus used to perform the airflow rate measurement identified on this Certificate of 02 Installation was calibrated in accordance with the apparatus manufacturer's specifications and conforms to the instrumentation specifications given in RA3.3.1. A visual inspection shall confirm that bypass ducts that deliver conditioned supply air directly to the space conditioning 03 system return duct airflow are not used on newly constructed zonally controlled systems unless the Performance Certificate of Compliance indicates an allowance for use of a bypass duct. When a bypass duct is accounted for on the Performance Certificate of Compliance, the airflow rate shall conform to the specifications listed on the Certificate of Compliance. 04 All registers were fully open during the diagnostic test. 05 System fan was set at maximum speed during the diagnostic test. 06 If fresh air duct is part of the HVAC system it was not closed,during the diagnostic test. 07 Airflow rate and fan watt draw shall be simultaneous measurements when used to calculate the Fan Efficacy tested value. Multi -speed compressor space cooling systems or variable speed compressor systems shall verify air flow (cfm/ton) and fan 08 efficacy (Watt/cfm) with system operating in cooling mode at the maximum compressor speed and the maximum air handler fan speed. For altered systems that do not comply with the minimum 300 cfm per ton airflow rate requirement but opt to comply 09 using the remedial actions on this MCH -23 compliance document according to Section RA3.3.3.1.5, the system's thermostat shall conform to the specifications in Reference Joint Appendix JA5 and shall be capable of receiving and responding to Demand Response Signals prior to final approval of the building permit by the enforcing agency (Section 150.2(b)1Fia). The responsible person's signature on this compliance document affirms that all applicable requirements in this table have been met. Registration Number: 217-A020057988A-000-001-M 23003A-0000 CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 10:29:23 Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION t'+U:1rA,•"'+r ,•CF2R-MCH-23-H Space Conditioning System Airflow Rate ''' " t )'•, 1+ -(Page 4 of 4) Documentation Author's Declaration Statement . .. ..� ... ,._ - ."�""'r_ -..� -. ,' w • i �r `f y� r,t iC , 1"i' -f� +' �'tN'I'� 1��.. n��t?, ... � 1p- , � .._ ;.�_ •..... _..-� -�...-t....'. _.,-• . �� .�,�- yt i 1 - ,uf... '' e.....�t4 ,�; '� v. ' +:� x �;?'.1.- ,�I y+, ,ri i 1'-5 '°y'.;�5l': M ~'.,tit ; 3"� ' .1 ,.. if ; r .•r.^,1� •,75�r? �f�CJ� l•'.i.' 1.1 certify that this Certificate of Installation documentation is accurate and complete." Documentation Author. Name:. _ -.. — -. _ .. _ _,_. Documentation.AuthorSignature:..r,lJ�-- Albert Olalde Company: _ Albert Olalde ` Signature Date: 2017-02-2210:31:10 '" - ' Address: �`�' CEA/ HERS Certification Identification (if applicable): S 81891 sandy Court •' �' 1 ` , ' City/State/Zip: I Phone: Indio CA 92201 ` f'r' ` " I ' 1760-342-0100 - ' ' ` - ' '' - Responsible Person's Declaration statement z� ,a _• ,r,., �� . _ , , _ ;1 ,,, , I certify the following under penalty of perjury, under the laws of the State of California: ;n• ,r ,• : 1 ; : y <t •, ; , f } t, , . 1. The information provided on this Certificate of Installation is true and correct.--- orrect.-. 2. 2. 1 am either: a) a responsible person eligible under Division 3 of the Business and Professions Code in the applicable classification to accept i _ responsibility for the system design, construction, or installation of features, materials, components, or manufactured devices for the scope of work identified on this Certificate of Installation and attest to the declarations in this statement, or b) I am an authorized representative of the responsible person and attest to�the declarations in this statement on the responsible person's behalf. 3. The constructed or installed features, materials; components or manufactured devices (the installation) identified on this Certificate of Installation` conforms to all applicable codes and regulations and the installation conforms to the -requirements given on the Certificate -of Compliance plans; and •- specifications approved by the enforcement agency f "_. _ .. , 4. 1 understand that a'HERS rater will check the installation to>verify compliance and rf such checking determines the installation NiIs'to comply, I am required to offer any necessary corrective action at no charge to the building owlner �. � - 1 ' - e \. 'i V I tip,:. f• 5. 1 will ensure that a registered copy of this Certificate of.lnstallation Hall be posted, ,�r�y, ,or: made available.withahe building permit(s),issued for .the f 0 building, and made available io the enforcement agency�forall applicable inspections: l understand that a registered.copy of this Certificate of ' Installation is required to be includ4with the documentation the,buildfe'i rovides to -the building ower at occupa lcy.+ '- Responsible Builder/Installer Name: Responsible Builder/Installer Signature: Albert Olalde .. ..r _ Company Name: (Installing Subcontractor or General Contractor or Position With Company (Title): Builder/Owner) _, *a OWnef,7 Albert Olalde Address: _ - CSLB License: 81891 sandy Court s. •4, ' 743185' City/State/Zip: : i i Phone: • +' v Date Signed: - ' Indio CA 92201 r : 7 760-342-0100 2017-02722 10:31:10. ' Third Party Quality Control Program (TPQCP) Status: Name of TPQCP (if applicable): t 4"�11rl�:.� ` ..- •�f•, ;. .. : `: a'' la .'..., SIU t i': ti's+• ' Digitally signed byCa10ERTS. This digital signature is provided in order to secure the content of this registered document and in noway implies... Registration Provider responsibility for the accuracy of the information. :;WA! r . , t'. '. p • of ftq-id, +, � A 'Registration Number' ' t • Registration Date/Tii; e: 2017-02-22 10:31:10 HERS Provider:'CaICERTS 217-A020057988A-000-001-M23003A-0000 CA Building Energy Efficiency Standards• Report Version: 2016.1.005 Report Generated: 2017-02-22 10:29:23 2016 Residential Compliance Schema Version: rev 10/16 --'1 tr' k 1,, �,, CERTIFICATE OF INSTALLATION CF2R-MCH-25-H Refrigerant Charge Verification . (Page 1 of 4) Project Name: 55870 Pebble Beach Enforcement Agency: City of La Quinta Permit Number: J Dwelling Address: 55870 Pebble Beach City: La Quinta Zip Code: 92253 A. System Information Each system requiring refrigerant charge verification will be documented on a separate certificate. 01 System Identification or Name System 3 02 System Location or Area Served Location 3 03 Condenser (or package unit) Make or Brand ADP '- 04 Condenser (or package unit) Model Number TG35636D145B2222AP 05 Nominal Cooling Capacity (tons) of Condenser 3 06 Condenser (or package unit) Serial Number 7117AO9328 07 Refrigerant Types — /'�`} '/yk 11110A _ C -- 08 Other Refrigerant Type (if applicable) Liquid Line Filter Drier Installed According to Manufacturer's - 09 LJ1Specifications (if applicable) ^ hYe V 0 D 10 System Installation Type Alteration Fault Indicator Display (FID) Status This system does not have a FID device installed 11 (Note: Even systems with a FID must have refrigerant charge verified by installer). - Is the system of a type that the minimum airflow can be - -Yes, this is a ducted system and one of the system airflow - 12 verified using an approved measurement procedure (RA3.3 rate measurement procedures in RA3.3 or RA3.3.3 can be or RA3.3.3)? used to verify system airflow rate requirements. Is the system of a type that approved refrigerant charge - Yes, one of the Refrigerant charge verification procedures 13 verification procedures can be used to verify compliance from RA3.2.2 or RA1 is applicable to this system and can be with the refrigerant charge verification requirements when used to verify compliance temperatures are >= 55`F (RA3.2.2, or RA1)? - 14 Date of Refrigerant Charge Verification for this sSystem 2017-02-21 15 Refrigerant Charge Verification Method Used. Superheat (outdoor temperature must be equal to or greater than 55 degF) 16 Person Who Performed the Refrigerant Charge Verification HVAC system installer Reported on this Certificate of Installation 17 HERS Verification Compliance Requirement Status System qualifies for group sampling Registration Number: Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS 217-A020057988A-000-001-M25003A-0000 CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:31:24 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-25-H Refrigerant Charge Verification (Page 2 of 4) MCH -25a - Refrigerant Charge Verification - Superheat Method S. Metering Device Verification Superheat Method can only be used on systems that do not have a variable metering device. I 01 Refrigerant metering device Fixed orifice 02 Superheat Method applicability status Superheat Method is applicable to this system C. Instrument Calibration Procedures for instrument calibration are given in Reference Residential Appendix RA3.2.2 and RA3.2.2.2 01 Date of Digital Refrigerant Gauge Calibration 2017-02-01 02. Date of Digital Thermocouple Calibration 2017-02-01 03 Digital Refrigerant Gauge Calibration Status Calibration is current 04 Digital Thermocouple Calibration Status- �uJ Calibration is current - D. Measurement Access Hole (MAH) Verification Procedures for installing MAH are,specifiediin Referen� `i2 d ., i;" 01 Method Used to Demonstrate Compliance with the Measurement Access Hole (MAH) Requirement tesidential Appendix RA3:2.2.3, MAH installed and labeled consistent with Figure 3.2-1 E. Minimum System Airflow Rate Verification - Procedures for verifying minimum system airflow are specified in Reference Residential Appendix RA3.3.3. 01 Minimum Required System Airflow Rate (cfm) 900 F02 System Airflow Rate Verification Status System complies with minimum airflow rate requirements F. Data Collection Procedures for determining Refrigerant Charge using the Standard Charge Verification Procedure are given in Reference Residential Appendix RA3.2.2 and RA3.2.2.2 01 Lowest Return Air Dry-bulb Temperature that Occurred 75 During the Refrigerant Charge Verification Procedure (° F) 02 Measured Condenser Air Entering Dry-bulb Temperature 70 (Tcondenser,db) ((' F) 03 Outdoor Temperature qualification Status Outdoor temperature is within range for using Superheat refrigerant charge verification method. Registration Number: Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS 217-A020057988A-000-001-M25003A-0000 CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:31:24 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-25-H Refrigerant Charge Verification (Page 3 of 4) F. Data Collection - - Procedures for determining Refrigerant Charge using the Standard Charge Verification Procedure are given in Reference Residential Appendix RA3.2.2 and RA3.2.2.2 04 Measured Return (evaporator entering) Air Dry-bulb 70 Temperature (Treturn, db) (' F) 05 Measured Return (evaporator entering) Air Wet -bulb 55 Temperature (Tretum, wb) (' F) - - 06 Measured Suction Line Temperature (Tsuction) (° F) 42.4 -- - - 07 Measured Suction Line Pressure (Psuc ion - psig) 5.4 08 Evaporator Saturation Temperature (T. evaporator, sat) from 32.8 Digital Gauge or P -T Table using Line F07 (' F) 09 Measured Superheat`(Line F06 - Line F08) (° F) 9.6 10 Target Superheat (from Table RA3.2-2, using F02 and.F05) (' 8.1 F) 11 11 Compliance Statement - - System complies with refrigerant charge verification - 1 r , . , , - % r f requirement by use of the Superheat Method r ti % u P A MCH -25d - Refrigeration Charge Verification Fault Indicator Display}(FID)Y U _ G. Fault Indicator Display Procedures for the Fault Indicator Display Verification are detailed in RA3.4.2 This section does not apply to this project. H. Fault Indicator Display- Additional Requirements - This section does not apply to this project. Registration Number: Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS 217-A02005798 BA -000-001-M 25003A-0000 CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:31:24 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF INSTALLATION CF2R-MCH-25-H Refrigerant Charge Verification (Page 4 of 4) Documentation Author's Declaration Statement 1.1 certify that this Certificate of Installation documentation is accurate and complete. Documentation Author Name: Documentation Author Signature: �J/JQ Albert Olalde C`�y(�J ��Ci Company: Signature Date: 2017-02-22 10:31:10 Albert Olalde Address: CEA/ HERS Certification Identification (if applicable): 81891 sandy Court City/State/Zip: Phone: Indio CA 92201 760-342-0100 Responsible Person's Declaration statement I certify the following under penalty of perjury, under the laws of the State of California: 1. The information provided on this Certificate of Installation is true and correct. 2. 1 am either: a) a responsible person eligible under Division 3 of the Business and Professions Code in the applicable classification to accept responsibility for the system design, construction, or installation of features, materials, components, or manufactured devices for the scope of work identified on this Certificate of Installation and attest to the declarations in this statement, or b) I am an authorized representative of the responsible person and attest to the declarations in this statement on the responsible person's behalf. 3. The constructed or installed features, materials, components or manufactured devices (the installation) identified on this Certificate of Installation conforms to all applicable codes and regulations and the installation conforms to the requirements given on the Certificate of Compliance, plans, and specifications approved by the enforcement aiency. / f� . i #�--J 4. 1 understand that a HERS rater will check the installation to verify compliance and if such checking determines the installation fails to comply, I am required to offer any necessary corrective action at no charge to the building owner. FI 1 S. I will ensure that a registered copy of this Certificate of Installation shall be posted, or made available with the building permit(s) issued for he' building, and made available to the enforcement agency for all applicable inspections. I understand that a registered copy of:this Certificate of Installation is required to be included;with the documentation tiietiuilder provides to the building owner at occupancy. ' L� Responsible Builder Installer Name: Responsible Builder/Installer Signature: Albert Olalde Company Name: (Installing Subcontractor or General Contractor or Position With Company (Title): Builder/Owner) Owner Albert Olalde Address: CSLB License: 81891 sandy Court 743185 City/State/Zip: Phone: Date Signed: Indio CA 92201 760-342-0100 2017-02-22 10:31:10 Third Party Quality Control Program (TPQCP) Status: Name of TPQCP (if applicable): Digitally signed by CaICERTS. This digital signature is provided in order to secure the content of this registered document and in noway implies Registration Provider responsibility for the accuracy of the information. Registration Number: 217-A020057988A-000-001-M 25003A-0000 CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 10:31:10 HERS Provider: CaICERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 10:31:24 Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF311-MCH-23-H Space Conditioning System Airflow Rate (Page 1 of S) Project Name: 55870 Pebble Beach Enforcement Agency: City of La Quinta Permit Number: Dwelling Address: 55870 Pebble Beach City: La Quinta Zip Code: 92253 A. Ducted Cooling System Information 01 System Identification or Name System 3 02 System Location or Area Served Location 3 03 System Installation Type Alteration 04 f Nominal Cooling Capacity (tons) of Condenser 3 05 Condenser Speed Type Single Speed 06 Cooling System Zonal Control Type Not Zonal 07 Central Fan Integrated (CFI) Ventilation System Status Not a CFI system 08 S System B t Y Bypass Duct Status "� No Bypass DJt j y 09 Date of System Airflow Rate Measurement; ' l w 2011-02 '21 10 >� {'-`� <'RA3 Airflow Rate Protocol Utilized 4 3.3 1:5 Alternative to~Complianc with Mnimum System Airflow Regremerits B. Hole for the placement of a Static Pressure Probe (HSPP), and Permanently Installed Static Pressure Probe (PSPP) in the Supply Plenum. Procedures for installing HSPP or PSPP are specified in RA3.3.1.1. I Ol I Method Used to Demonstrate Compliance with theI HSPP installed and labeled consistent with Figure RA3.3-1 HSPP/PSPP Requirement C. Airflow Rate Measurement Apparatus and Procedure Information Instrument Specifications are given in RA3.3.1.1, and system airflow rate measurement apparatus information is given in RA3.3.2. — 01 Airflow Rate Measurement Type used for this airflow rate Flow Grid according to procedure in RA3.3.3.1.2 . verification. 02 Manufacturer of Airflow Measurement Apparatus MINNEAPOLIS 03 Model number of Airflow Measurement Apparatus DG700 ` Certification Status of the Airflow Measurement Apparatus Certified by Manufacturer and listed on CEC Website at 04 Accuracy http://www.energy.ca.gov/title24/equipment_Cert/ama_fas /index.html Registration Number: 217-A020057988A-000-001-M23003A-M23A CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 11:00:29 HERS Provider: CaICERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 10:59:37 Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-23-H Space Conditioning System Airflow Rate (Page 2 of 5) MCH23c Forced Air System Airflow Rate Measurement - Alternative to Compliance with Minimum System Airflow Requirements for Altered Systems D. Alternative to Compliance with Minimum System Airflow Requirements for Altered Systems The HERS Rater shall review the information submitted on the installation certificate and perform follow-up communications with the HVAC installer or the homeowner. The system complies if the HERS Rater determines the remedial actions have been performed, and the information reported on the installation certificate is valid as specified in RA3.3.3.1.5 02 Determine that the air filter media is clean. If the air Completed 01 filter media is dirty, then replace it with clean filter 720 media 02 Open all registers and dampers and remove any Completed obstructions. Replace/Repair all accessible crushed, blocked, Completed 03 restricted, remove excess length, and sharp bends in ducts. Supported every 4 ft max. with a max. 2 in sag. 04 Clean the evaporator coil according to the manufacturer Completed and ensure the coil is not obstructed. 05 Air handler fan speed set to high and blower wheel and Completed motor are operating properly. 06 If determined to be too small, replace the return duct Not Completed with a larger one and/or add a second return duct. 07 If determined to be too small, replace the return grille Not Completed with a larger area grille. 08 Verification Status: System does not comply: one or more applicable remedial actions were not completed as required 09 Correction Notes: DECLINE 10 Optional Notes: N/A E. Forced Air System Airflow Rate Measurement - Best Airflow Rate Attainable 01 Required Minimum System Airflow Rate (dm/ton) 300 02 Required Minimum System Airflow Target (dm) 900 03 Actual System Airflow Rate Measurement (cfm) 720 Registration Number: 217-A020057988A-000-001-M23003A-M23A CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 11:00:29 HERS Provider: CaICERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 10:59:37 Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-23-H Space Conditioning System Airflow Rate (Page 3 of 5) E. Forced Air System Airflow Rate Measurement - Best Airflow Rate Attainable 01 ' .The measured Airflow Rate reported on this document is the system during system air flow rate measurement identified on this Certificate of Verification. Compliance Statement: the best airflow rate attainable for compliance utilizing the FO4 Verification was calibrated in accordance with the apparatus manufacturer's specifications and conforms to the procedures given in RA3.3.3.1.5. This system shall not be instrumentation specifications given in RA3.3.1. included in a sample group for HERS verification compliance 03 HERS Sample Group Eligibility Not Eligible for HERS Sample Group for Airflow F. Additional Requirements 01 Air filters that meet the applicable requirements of Standards Section 150.0(m)12 or 150.0(m)13 were properly installed in the system during system air flow rate measurement identified on this Certificate of Verification. The airflow rate measurement apparatus used to perform the airflow rate measurement identified on this Certificate of 02 Verification was calibrated in accordance with the apparatus manufacturer's specifications and conforms to the instrumentation specifications given in RA3.3.1. A visual inspection shall confirm that bypass ducts that deliver conditioned supply air directly to the space conditioning 03 system return duct airflow are not used on newly constructed zonally controlled systems unless the Performance Certificate of Compliance indicates an allowance for:use'of a bypass ductrWher a bypass duct is accounted for on the Performance Certificate of Compliance, the airflow rate shall conform to the specifications listed on the Certificate'of Compliance. 04 All registers were fully open during the �di gnostic test.j \Z:z } L=_-.3 (% V- ' 05 System fan was set at maximum speed during the diagnostictest. Y r ii 'fir , it LL.) 1 `...�` + L t- 06 If fresh air duct is part of the HVAC system it was not closed during the diagnostic test. 07 Airflow rate and fan watt draw shall be simultaneous measurements when used to calculate the Fan Efficacy tested value. Multi -speed compressor space cooling systems or variable speed compressor systems shall verify air flow (cfm/ton) and fan 08 efficacy (Watt/cfm) with system operating in cooling mode at the maximum compressor speed and the maximum air handler fan speed. For altered systems that do not comply with the minimum 300 cfm per ton airflow rate requirement but opt to comply 09 using the remedial actions on this MCH -23 compliance document according to Section RA3.3.3.1.5 the system's thermostat shall conform to the specifications in Reference Joint Appendix JA5 and shall be capable of receiving and responding to Demand Response Signals prior to final approval of the building permit by the enforcing agency (Section 150.2(b)iFia). 10 Verification Status: Pass - all applicable requirements are met 11 Correction Notes: The responsible person's signature on this compliance document affirms that all applicable requirements in this table have been met unless otherwise noted in the Verification Status and the Corrections Notes in this table. Registration Number: 217-A020057988A-000-001-M23003A-M23A CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 11:00:29 HERS Provider: CalCERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 10:59:37 Schema Version' rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-23-H Space Conditioning System Airflow Rate (Page 4 of 5) G. Determination of HERS Verification Compliance All applicable sections of this document shall indicate compliance with the specified verification protocol requirements in order for this Certificate of Verification as a whole to be determined to be in compliance. 01 Complies: All specified verification protocol requirements on this document are met. Registration Number: Registration Date/Time: 2017-02-2211:00:29 HERS Provider: CaICERTS 217-A020057988A-000-001-M 23003A -M 23A CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:59:37 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-23-H Space Conditioning System Airflow Rate (Page 5 of 5) Documentation Author's Declaration Statement 1.1 certify that this Certificate of Verification documentation is accurate and complete. Documentation Author Name: _ _ Documentation Author Signature: Robert Bachus Company: Date Signed: Advancing Home Performance, Inc. _ 2017-02-22 11:00:29 - Address: CEA/ HERS Certification Identification (if applicable): 74998 Country Club Drive. STE# 220-420 City/State/Zip: Phone: Palm Desert CA 92260 760-851=8648 - Responsible Person's Declaration statement - I certify the following under penalty of perjury, under the laws of the State of California: - - 1. The information provided on this Certificate of Verification is true and correct. 2. 1 am the certified HERS Rater who performed the verification identified and reported on this Certificate of Verification (responsible rater). 3. The installed features, materials, components, manufactured devices, or system performance diagnostic results that require HERS verification identified on this Certificate of Verification comply with the applicable requirements in Reference Appendices RA2, RA3, and the'requirements specified on the Certificate of Compliance for the building approved by the enforcement agency. 4. The information reported on applicable sed ons-:of'the Certificate(s) oflnstallation (CF2R) igned end sutimitfed,by the perso(s) responsible for the construction or installation conforms to the.requirements`specified on the Certificate(s) of Compliance (61R) approved by the enforcement agency. t S. I will ensure that a registered copy of this Certificate of;Vedfiicatior!rshall be possted, or made,available with the building permits) issued for the building, and made available to the'enforcement agency for all appllcable inspections. I understand that a registered copy ofthis Certificate of , Verification is required to be included with the documentation the builder to the building owner at occupancy. provides Builder Or Installer Information As Shown On The Certificate of Installation Company Name (Installing Subcontractor, General Contractor, or Builder/Owner): Albert Olalde Responsible Builder or Installer Name: CSLB License: Albert Olalde 743185 HERS Provider Data Registry Information - Sample Group Number (if applicable): Dwelling -Test Status in Sample Group (if applicable) Tested HERS Rater Information HERS Rater Company Name: Advancing Home Performance, Inc. Responsible Rater Name: _ Responsible Rater Signature: Robert Bachus Responsible Rater Certification Number w/ this HERS Provider: Date Signed: CC2005695 2017-02-22 11:00:29 - - Digitally signed by CaICERTS. This digital signature is provided in order to secure the content of this registered document and in noway implies . Registration Provider responsibility for the accuracy of the information. Registration Number: Registration Date/Time: 2017-02-22 11:00:29 HERS Provider: CaICERTS 217-A020057988A-000-001-M23003A-M23A CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 10:59:37 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-25-H Refrigerant Charge Verification (Page 1 of 4) Project Name: - 55870 Pebble Beach Enforcement Agency: City of La Quinta Permit Number: Dwelling Address: 55870 Pebble Beach City: La Quinta Zip Code: 92253 A. System Information HERS Rater to field -verify all system information, discrepancies to be noted by overwriting entry. 01 System Identification or Name System 3 02 System Location or Area Served Location 3 03 Condenser (or package unit) Make or Brand ADP - 04 Condenser (or package unit) Model Number TG35636D145B2222AP 05 Nominal Cooling Capacity (tons) of Condenser 3 06 Condenser (or package unit) Serial Number 7117AO9328 07 Refrigerant Type,, ,+- j ,r -R -410A, r 08 Other Refrigerant Type'(ifapplicable) Liquid Line Filter Drier Installed According to Manufacturer's Yes , 09 Specifications (if applicable) - 4 10 System Installation Type Alteration Fault Indicator Display (FID) Status - This system does not have a FID device installed 11 (Note: Even systems with a FID must have refrigerant charge verified by installer) _ Is the system of a type that the minimum airflow can be Yes, this is a ducted system and one of the system airflow 12 verified using an approved measurement procedure (RA3.3 rate measurement procedures in RA3.3 or RA3.3.3 can be or RA3.3.3)? used to verify system airflow rate requirements. Is the system of a type that approved refrigerant charge Yes, one of the Refrigerant charge verification procedures 13 verification procedures can be used to verify compliance from RA3.2.2 or RA1 is applicable to this system and can be with the refrigerant charge verification requirements when used to verify compliance , temperatures are >= 55°F (RA3.2.2, or RA1)? - 14 Date of HERS Rater Refrigerant Charge Verification for this 2017-02-21 system 15 Refrigerant Charge Verification Method Used by Installer Superheat (outdoor temperature must be equal to or greater than 55 degF) 16 Person Who Performed the Refrigerant Charge Verification HVAC system installer Reported on the Certificate of Installation Registration Number: 217-A020057988A-000-001-M 25003A -M 25A CA Building Energy Efficiency Standards 2016 Residential Compliance Registration Date/Time: 2017-02-22 11:00:30 HERS Provider: CaICERTS Report Version: 2016.1.005 Report Generated: 2017-02-22 11:00:28 Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION ! , ` CF3R-MCH-25-H Refrigerant Charge Verification (Page 2 of 4) A. System Information HERS Rater to field -verify all system information, discrepancies to be noted by overwriting entry. 17 HERS Verification Compliance Requirement Status System qualifies for group sampling - MCH -25a - Refrigerant Charge Verification - Superheat Method - B. Metering Device Verification - HERS Rater is required to visually field verify all information from CF2R. Superheat Method can only be,used on systems that do not have a variable metering device. 01 Refrigerant metering device Fixed orifice rO2 Superheat Method applicability status Superheat Method is applicable to this system C. Instrument Calibration - HERS Raters are required to calibrate their diagnostic tools. Procedures for instrument calibration are given in Reference Residential Appendix RA3.2.2 and,RA3.2.2.2 r— , Minimum Required System Airflow Rate (dm) 01 Date of Digital Refrigerant Gauge Calibrationr r;!, i 2017-02-01� �'- i 1! ; .- N , k� �. �� .i iI l ;� ti 02 Date of Digital Thermocouple Calibration 2017-02-01 03 � .) v 4r• V .h 1G. Digital Refrigerant Gauge Calibration Status ! M- Y. ".MMS ...Y i• ifJrf +Kw- F Calibration is current 04 Digital Thermocouple Calibration Status Calibration is current D. Measurement Access Hole (MAH) Verification HERS Raters are required to visually field verify MAH. Procedures for installing.MAH are specified.in Reference. Residential Appendix RA3.2.2.3 - E Method Used to Demonstrate Compliance with,the MAH installed and labeled consistent with Figure 3.2-1 Measurement Access Hole (MAH) Requirement I I i ' E. Minimum System Airflow Rate Verification Procedures for verifying minimum system airflow are specified in Reference Residential Appendix RA3.3.3. 01 Minimum Required System Airflow Rate (dm) 900 E System Airflow Rate Verification Status System complies with minimum airflow rate requirements Registration Number: Registration Date/Time: 2017-02-22 11:00:30 HERS Provider: CalCERTS 217-A020057988A-000-001-M25003A-M25A CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 11:00:28 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-25-H Refrigerant Charge Verification (Page 3 of 4) F. Data Collection HERS Rater must independently collect all data in this section. Procedures for determining Refrigerant Charge using the Standard Charge Verification Procedure are given in Reference Residential Appendix RA3.2.2 and RA3.2.2.2 01 Lowest Return Air Dry-bulb Temperature that Occurred 75 During the Refrigerant Charge Verification Procedure (° F) 02 Measured Condenser Air Entering Dry-bulb Temperature (T 70 condenser, db) ((° F) 03 Outdoor Temperature Qualification Status Outdoor temperature is within range for using Superheat refrigerant charge verification method. 04 Measured Return (evaporator entering) Air Dry-bulb 70 Temperature (T return, db) (° F) 05 Measured Return (evaporator entering) Air Wet -bulb 55 Temperature (T return, wb) (° F) 06 Measured Suction Line Temperature (T suction) (° F) 42.4 07 Measured Suction Line Pressure (P suction - psig) 5.4 08 Evaporator Saturation Temperature (T evaporator, sat) from 32.8 Digital Gauge or P -T Table using Line F07 (° F) 09 Measured Superheat (Line F06 - Line F08) (° F) 9.6 10 Target Superheat (from Table RA3.2-2, using F02 and F05) (° 8.1 F) 11 Compliance Statement System complies with refrigerant charge verification requirement by use of the Superheat Method G. Determination of HERS Verification Compliance All applicable sections of this document shall indicate compliance with the specified verification protocol requirements in order for this Certificate of Verification as a whole to be determined to be in compliance. 1 01 1 Complies: All specified verification protocol requirements on this document are met. Registration Number: Registration Date/Time: 2017-02-22 11:00:30 HERS Provider: CaICERTS 217-A020057988A-000-001-M 25003A -M 25A CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 11:00:28 2016 Residential Compliance Schema Version: rev 10/16 CERTIFICATE OF VERIFICATION CF3R-MCH-25-H Refrigerant Charge Verification - (Page 4 of 4) Documentation Author's Declaration Statement 1. I certify that this Certificate of Verification documentation is accurate and complete. Documentation Author Name: Documentation Author Signature: Robert Bachus Company: Date Signed: Advancing Home Performance, Inc. 2017-02-22 11:00:30 Address: CEA/ HERS Certification Identification (if applicable): 74998 Country Club Drive. STE# 220-420 City/State/Zip: Phone: Palm Desert CA 92260 760-851-8648 Responsible Person's Declaration statement I certify the following under penalty of perjury, under the laws of the State of California: 1. The information provided on this Certificate of Verification is true and correct. - 2. 1 am the certified HERS Ratei,who performed the verification identified and reported on this Certificate of Verification (responsible rater). 3. The installed features, materials, components, manufactured devices, or system performance diagnostic results that require HERS verification identified on this Certificate°of Verification coinply.with the applicable requirements in Reference Appendices RA2, RA3, and the requirements specified ori the Certificate of Compliance fo,the building approved by the enforcement agency. W 4. The information reported on applicable sections of.the Certificat` (s) of installation (CF2R) sigined. end su6mitted;by the persons) responsible for the construction or installation conforms to the.requirements specified on the Certificates) of Compliance (CF1R) approved by the enfdreement— g- y. I- .n ! f - 4 1 t (i "'-1 .r...�,, F ` i r_ 1 ! � ► �'• 5. 1 will ensure that a registered copy of this Certificate of,Verification shall be posted; or made available with the.building permit(s).issued for the ! l it t if 1 Y l E ► ] • 1 l i t 1' o f building, and made available to the`enforcement agency, for all applicable inspections. I understand that a registered copy iUthisterk8t`e of Verification is'required to be included with the documentation the builder provides to the building owner aYoccupancy. L r x OW& mw.. 4W&.. r y " r +MM., aW ^-W*6,. Builder Or Installer Information As Shown OThe Cert cate Of Installation Company Name (Installing Subcontractor, General Contractor, or Builder/Owner): Albert Olalde Responsible Builder or Installer Name: CSLB License: Albert Olalde 743185 HERS Provider Data Registry Information Sample Group Number (if applicable): I Dwelling Test Status in Sample Group (if applicable) Tested HERS Rater Information HERS Rater Company Name: Advancing Home Performance, Inc. Responsible Rater Name: Responsible Rater Signature: Robert Bachus Responsible Rater Certification Number w/ this HERS Provider: Date Signed: CC2005695 2017-02-22 11:00:30 Digitally signed by CaICERTS. This digital signature is provided in order to secure the content of this registered document and in no way implies Registration Provider responsibility for the accuracy of the information. Registration Number: Registration Date/Time: 2017-02-22 11:00:30 HERS Provider: CaICERTS 217-A020057988A-000-001-M 25003A -M 25A CA Building Energy Efficiency Standards Report Version: 2016.1.005 Report Generated: 2017-02-22 11:00:28 2016 Residential Compliance Schema Version: rev 10/16 STATE 6F CALIFCIZNIA ALTERATIONS - HVAC GEG-Gh1R-ALT-04-E (Revised 01/16) CALIFORNIA ENERGY COMMISSION CERTIFICATE OF COMPLIANCE CF1R-ALT-04-E Alterations - HVAC CZ 2, and 8-15 (Page 1 of 1) Site Addr s : aa a Enforcement Agency: Date Prepared: Permit#: Equipment Type Equipment Efficiency New Ducting or Lineset: Required R -value Conditioned Floor Area (ft)Thermostat 13 Packaged System vaporator Coil condensing Unit �AFUE COP ❑ R-6 (CZ 1-10, 12&13) Ducts Served by system �4etback I�System ❑ Compressor SEER HSPF ❑ (CZ 14-16) Ducts Z (If not already ❑ Mini Split ❑ Lineset ❑ t Rplit 2t R -2.8 Line set° present, must be installed) ❑ Furnace ❑ TXV EER HERS VERIFICATION SUMMARY Installer determines work to be completed and matches to one of the options below. At permit application this form is allowed to be filled out by hand. For final inspection all forms are to be registered (no hand filled forms allowed) and a copy left on site. HVAC Changeout/Repair Required Compliance Documents to be left on site for Final: All Equipment, CF111-ALT-02-E Condenser Unit, Evaporator Coil, CF2R-MCH-01-E, MCH -20-H, MCH -(23 or 24)Z -H, MCH -25 -HZ Compressor, TXV, Lineset, CF3R-MCH-20-H, MCH -(23 or 24) -HZ, MCH -25-H2 Air Handler/FurnaceZ (Can include new ducting) Installer Requirement: Dud leakage (< 15%, or <_10% to outside, or seal all accessible_ leaks), Air Flow z 300 CFM/ton, Refrigerant Charge. Exempted from duct leakage testing if: ❑ 1: Duct system registered with HERS provider as previously sealed, or ❑ 2. There is less than 40 linear feet of duct in unconditioned space, or . Existing duct systems are constructed, insulated or sealed with asbestos (list manufacture date of building New HVAC System Required Compliance Documents to be left on site for Final: All new equipment and All New Ducts' CF1R-ALT-02-E including Mini Split r CF2R-MCH-01-E, MCH -20-1-1, MCH -22-H, MCH -(23 or 24) -HZ, MCH -25-1-12 CF3R-MCH-20-H, MCH -22-H, MCH -(23 or 24)-H2, MCH -25-H2 Mini Splits require CF1R-ALT-02-E, CF2R-MCH=01-E, and (CF2R-CF3R) MCH -25-H Installer Requirement: Dud leakage < 5%, Fan Efficacy (0.58W/CFM), Air Flow 2 350 CFM/ton (or alternative), Refrigerant Charge ❑ 3. All New Ducts with Replacement Required Compliance Documents to be left on site for Final: All New Duds3 and one or more of the following CFSR-ALT-02-E replaced: Condenser Unit, Evaporator Coil, CF2R-MCH-Ol-E, MCH -20-H, MCH -(23 or 24)-H, MCH -25-H Compressor, TXV, Lineset, FurnaceZ CF3R-MCH-20-H, MCH -(23 or 24)-H, MCH -25-H Installer Requirement: Dud leakage < 5%, Air Flow z 350 CFM/ton (or alternative), Refrigerant Charge Exempted from dud leakage testing if: ❑ 1. Existing dud systems are constructed, insulated or sealed with asbestos ❑ 4. New Ducting over 40 feet Required Compliance Documents to be left on site for Final: New ducting but less than All New Ducts' I CF1R-ALT-02-E, CF2R-MCH-20-H, CF3R-MCH-20-H Installer Required to: Dud leakage (< 15% or,:510% to outside or, or seal all accessible leaks) ❑ EXCEPTION: Existing dud systems constructed, insulated or sealed with asbestos. ' All new ducting requires R-8 insulation when more than 40 ft installed in CZs 11 & 14-16 and R-6 in CZs 1-10, 12 &13, and R-6 insulation when less than 40 ft installed. This includes in walls, between floors etc. Z Heating only systems and Air Handler/Furnace changes do not require Air Flow MCH -(23 or 24), or Refrigerant Charge verification MCH -25 3 All New Ducts is when at least 75%of the duct system is new duct material, and up to 25%may consist of reused parts from the dwelling unit's existing dud system (e.g., registers, grilles, boots, air handler, coil, plenums, duct material) ° R-2.8 (1" thick insulation) for. linesets 1" and less. Contractor (Documentation Author's /Responsible Designer's Declaration Statement) I certify the following under penalty of perjury, under the laws of the State of California: 1. The information provided on this Certificate of Compliance is true and correct. 2. 1 am eligible under Division 3 of the California Business and Professions Code to accept responsibility for the information on this document. 3. That the energy features and performance specifications for the design identified on this Certificate of Compliance conform to the requirements of Title 24, Parts 1 and 6 of the California Code of Regulations (CCR). 4. That the energy features and performance specifications, materials, components, and manufactured devices for the building design or system design identified on this Certificate of Compliance conform to the requirements of Title 24, Part 1 and Part 6 of the CCR. 5. The building design features or system design features identified on this Certificate of Compliance are consistent with the information provided on other applicable compliance documents, worksheets, calculations, plans and specifications submitted to the enforcement agency for approval with this building permit app • ation. {j@spp ible Desig r Na Res onsible esigner Signature: D to Sig e d e: 4 tompapy:`O Add s : tate ip: \Pho For assistance or questio s regarding the Energy Starddards, contact the Energy Hotline at: 1-800-772-3300 Jim Johnson From: AJ Ortega Sent: Tuesday, December 20, 2016 12:27 PM To: Monika Radeva Cc: Dawn Harris; Tommi Sanchez; Jim Johnson Subject: RE: Question - COMPLETED: Pacific View Estates (Rippee) Rec. Req. 12.13.16 - 55870 Pebble Bch - Architectural Drawings Talked'with Jim, he does recall the interaction with Me. Rippee, and there was a plan — He is going to look for it and will follow up with Kay when she is back in the office next if he is unable to locate it. AJ From: Monika Radeva Sent: Tuesday, December 20, 2016 12:13 PM To: Jim Johnson; AJ Ortega Cc: Dawn Harris; Tommi Sanchez Subject: Question - COMPLETED: Pacific View Estates (Rippee) Rec. Req Drawings Importance: High 12.13.16 - 55870 Pebble Bch Architectural AJ — can you check with Jim? In case he knows where the plans might be?' I'd like to get back to Mr. Rippee today if possible Thank you!!! Monika Radeva I Deputy City Clerk City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7035 MRadeva@la-quinta.org From: Tommi Sanchez Sent: Monday, December 19, 2016 2:41 PM To: Dawn Harris Subject: Completed: Pacific View Estates (Rippee) Rec. Req. 12.13.16-555870 Pebble Beach - Architectual Drawings Hi Dawn, Per our conversation this morning, Mr. Rippee is not satisfied with our answer provided 12-15-16. He is requesting that we speak with Jim Johnson because he stated about a month ago he came in and met with Jim and he pulled out the plans at that time for review. He would like for us to get back to him in regards to this. Thank you, Tommi Sanchez I Permit Operations Supervisor City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7077 tsanchezCo)la-guinta.ore 1 From: AJ Ortega Sent: Monday, December 19, 2016 11:07 AM To: Monika Radeva Cc: Dawn Harris Subject: RE: Question - COMPLETED: Pacific View Estates (Rippee) Rec: Req. 12.13.16 - 55870 Pebble Bch Architectural Drawings It looks like a custom house, so we should have the plans, but I've checked old files and directory archives and I don't see anything in the history... I'll keep looking but it doesn't look good. From: Monika Radeva Sent: Monday, December 19, 2016 10:03 AM To: 'AJ Ortega (AortegaCa01a-quinta.org)' Cc: Dawn Harris Subject: Question - COMPLETED:. Pacific View Estates (Rippee) Rec. Req. 12.13.16 - 55870 Pebble Bch - Architectural Drawings Importance: High Hi AJ, This gentleman, Mr. Rippee, says he has seen these plans before. It looks like the dwelling was built back in 1988/89. We can't locate them on the tracking by plan set sheet. Any other clues/tips? Your help is much appreciated. Thank you. Monika Radeva I Deputy City Clerk City of La Quinta 78495 Calle Tampico - Lo Quinta, CA 92253 Ph. 760.777.7035 MRadeva@la-quinta.org From: Dawn Harris Sent: Thursday, December 15, 2016 12:40 PM To: jrippee(aOpacificviewestatesinc.com Cc: Monika Radeva Subject: COMPLETED: Pacific View Estates (Rippee) Rec. Req. 12.13.16 - 55870 Pebble Bch - Architectual Drawings Good afternoon Mr. Rippee, Please see the response below provided by the City's Design and Development Department regarding your request for records dated December 13, 2016. Thank you. Dawn Harris I Administrative Technician . City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7071 Dharris@la-quinta.org From: Marilyn Monreal Sent: Thursday, December 15, 2016 12:02 PM To: Dawn Harris; Monika Radeva Cc: Wanda Wise -Latta; Cecilia Tellez Subject: COMPLETED: Pacific View Estates (Rippee) Rec. Req. 12.13.16 - 55870 Pebble Bch - Architectual Drawings 2 =s ,J Good Afternoon, In response to the attached records request, the department was unable to locate the architectural drawings for the property located at 55-870 Pebble Beach Drive, within the PGA West Development; TRACT 20717-2. Attached hereto is the building permit issued in 1988 with the original Owner/Builder's information listed, Mr. Rippee can contact them to obtain original plans. Original Owner: Joe & Joyce Kirkwood 82-459 Priscilla Court Indio Co. 92201 760-347-3022 (Number not verified) The City apologizes for the inconvenience, at the time our records retention was for two years. Marilyn Monreal IManagement Assistant City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 760.777.7016 mmonreal@la-quinta.org From: Dawn Harris Sent: Wednesday, December 14, 2016 10:27 AM To: jrippee pacificviewestatesinc.com Cc: Marilyn Monreal; Wanda Wise -Latta; Cecilia Tellez; Monika Radeva Subject: Pacific View Estates (Rippee) Rec. Req. 12.13.16 - 55870 Pebble Bch - Architectual Drawings Good morning Mr. Rippee, The City has received the attached records request dated December 13, 2016 and will begin processing it. I will respond back as soon as possible, but no later than December 23, 2016. Have a wonderful day. Dawn Harris I Administrative Technician City of La Quinta 78495 Calle Tampico - La Quinta, CA 92253 Ph. 760.777.7071 Dharris@la-quinto.org From: Anna Ortiz Sent: Tuesday, December 13, 2016 3:49 PM To: Monika Radeva Subject: Record Request: Rippee Mr. Jeff Rippee 619-972-4545 irippee@gacificviewestatesinc.com 3 F=`'P ' LAW OFFICE OF. WILLIAM A. FRANCIS ATTORNEY AT LAW �.� GLENDALE GALLERIA OFFICE TOWER 100 WEST BROADWAY. SUITE 900. GLENDALE. CALIFORNIA 91210-0001 TELEPHONE 18181 240-5000 TELECOPIER 18181 240.7728 May 5, 1992 Mr. Tom Hartung Director of Building & Safety City of La Quinta 78-105 Calle Estado_- La Quinta, CA 92253 Re: 55-870 Pebble Beach La Quinta, California Home of.Joe Kirkwood Dear Mr..Hartung: This letter is to confirm our conversation on May 4th, at which time we discussed my letter to the City's attorney of March 19th. During -that conversation the following was agreed upon: 1. The report that you requested that Mr. Kirkwood had done several years ago about the condition of the house will not be provided to the City and Mr. Kirkwood does not expect the City to be responsible for verifying completion or correction of any of the items found in that report as those items are matters that Mr. Kirkwood has had to resolve himself. 2. The posts that are at the end of the overhang near the pool were placedinto'that position before the - swimming pool was completed. It is therefore expected that your review of these posts will find that they are adequately supported by the decking and pool that have been placed around them. Mr. Kirkwood is not quite ready for final inspection but.it is understood that when he calls for final inspection that we will have your prompt review so that the house can finally be finaled. City of QNinta p,' Qu� Mr. Tom Hartung May 5, 1992 Page Two Thank you for your discussion of May 4th. Very' truly yours, William A. Francis WAF:bcf cc: Joe Kirkwood, Jr.,, O LAW OFFICE OF WILLIAM A. FRANCIS ATTORNEY AT LAW GLENDALE GALLERIA OFFICE TOWER 100 WEST BROADWAY. SUITE 900 GLENDALE. CALIFORNIA 91210.0001 TELEPHONE 18181 240-$000 TELECOPIER 18181 240.7728 March 19, 1992 Robert C. Wallace, Esq. Stradling, Yocca, Carlson & Rauth, Suite 1600 660 Newport Center Drive Newport Beach, CA 92660-6441 Re: Comments Made to Mr. Kirkwood's Supervisor Regarding Construction of 55-870 Pebble Beach, La,Quinta, CA Dear Mr. Wallace: Mr. Kirkwood called me on March 17 to inform me that a Mr. Kirk, a City Inspector from the City of La Quinta,had been by his house talking with his foreman and informing the foreman that the columns by the pool would have to now_be.inspected and passed - by the City of La Quinta Mr. Kirk's boss is Mr. Hartung. As you know, because of the lawsuit, Mr. Kirkwood has been substantially damaged by the City of La Quinta and its inspectors in the manner which they have conducted themselves in regards to this home. The comment about the columns comes at a time when Mr. Kirkwood is almost finished with the house and.ready to call for final inspection. Do we understand by these comments that the City would consider harassing my client at this late date? The facts are as follows: 1. Mr. Hartung provided a letter on January 31, 1989, at which time he indicated the framing contractor had done his work according to generally accepted practices and that when the work was fully completed would comply with the applicable codes. A copy of that letter is.attached. 2. When Mr. Kirkwood finally settled his lawsuit with Cal -Idaho, he came back to the City because the City was insisting that he get a new building permit. He got a new building permit and in conjunction with that on September 19, 1991, the City through Mr. Hartung and Mr. Kirk, came out and did a correction notice. A copy of the correction notice is enclosed. You will note that it does not talk about in any way, the columns. Robert C. Wallace, Esq. March 19, 1992 Page 2 Re: Comments Made to Mr. Kirkwood's Supervisor Regarding Construction of 55-870 Pebble Beach Dr., La Quinta, CA 3. The columns are nothing more than 4 x 4 posts that were connected to an overhang that comes out from the house that Mr. Kirkwood is building. It is my understanding that this over- hang is basically supported by the framing of the house, not the posts. Around the posts there has now been built a decorative stucco finish, which is not part of the structural component that the 4 x 4 posts are. To give you an indication of that, I am enclosing to you a copy of the 4 x 4 posts and how they are part of the overhang and also a copy of the base of those posts which shows how they are supported by the concrete decking and concrete work beneath them. Mr. Kirkwood understands.that these columns are not, and should not be, an issue with the City because of the limited amount of weight that they are required to provide a base for. It is.our suggestion that Mr. Hartung immediately come to the property and inform us of what any contention might be about these two columns. Mr. Kirkwood is.normally at the property during regular business hours, so would you -please encourage Mr. Hartung to get this matter resolved as soon as possible? Very truly yours, William A. Francis WAF:clb Enclosures ccs Mr. Joe Kirkwood, Jr. 7£3.105 CALLE ESTADO LA OUINTA, CALIFORNIA 92253 (619) 564.2246 January 31, 1989 Cal -Idaho 75-101 Sego Palm Desert, CA 92260 RE: 55-870 PEBBLE BEACH, LA QUINTA TO WHOM IT MAY CONCERN At the request of the framing contractor for the .single-family dwelling at PGA West mentioned above, I conducted a.pre-framing_. inspection several months ago.. Although work had not. progressed to the point that the framing.could be signed off, the construction that had, been completed was according to generally -accepted practices and, when completed., would comply with the applicable codes. The owner- ;Mr. -.Kirkwood)* and his attorney were present at the time, and I conveyed this evaluation to them. If you have any further questions, feel free to contact me. Sincerely, -D'- T� Tom Hartung Building Official TH/mr MAILING ADDRESS • P.O. BOX 1504 • LA ouiNTA. CALIFORNIA 92253 Department of Planning & Development BUILDING DIVISION m CITY OF LA QUINTA / a TO: Date: ADDRESS: 6-5--4v- CORRECTION S-4v- N N N m V N to m 0 N m M N V M M 1-40 W u- N CORRECTION NOTICE Permit No. a I ACL Ue)f C4s i u 1�d7 /JL- T /..f . ) cum .0c-) c F z,r-s e zZ dxf -i4' tv,=- 4,L,' -r;-1 lC L'�x�.�A s i /fin (`� .v % j W-. 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STBADLING STEPHEN H. LACOUNT NICK E. YOCCA HARLEY L. BJELLAND ATTORNEYS AT LAW C. CRAIG CARLSONSTEPHEN T. FREEMAN WILLIAM R. RAUTH III ROBERT A. WILSON 660 NEWPORT CENTER DRIVE, SUITE 1600 K. C. SCHAAF LISA M. KITSUTA RICHARD C. GOODMAN CHERYL A. DOW POST OFFICE BOX 7680 JOHN J. MURPHY NICHOLAS J. YOCCA THOMAS P. CLARK, JR. JULIE M. PORTER NEWPORT BEACH, CALIFORNIA 92660-6441 BEN A. FRYOMAN MARK T. PALIN DAVID R. MCEWEN MICHAEL E. FLYNN TELEPHONE (714) 725-4000 PAUL L. GALE ROBERT C. FUNSTEN RUDOLPH C. SHEPARD ALETA LOUISE BRYANT 714 TELEPHONE ( ) 640-7035 ROBERT J. KANE RONALD A. VAN SLARCOM M. D. TALBOT STEPHEN M. MCNAMARA FAX NUMBER BRUCE C. STUART GARY A. PEMBERTON (714) 725-4100 E. KURT YEAGER CAROL L. LEW ROBERT J. WHALEN DENISE HARBAUGH HERING ROBERT E. RICH BARBARA ZEIO LEIBOLD THOMAS A. PISTONE JON E. GOETZ RANDALL J. SHERMAN ALAN J. KESSEL BRUCE W. FEUCHTER GARY P. DOWNS MARK J. HUEBSCH JOHN D. IRELAND KAREN A. ELLIS MICHAEL J. PENDERGAST ELIZABETH C. GREEN DAVID H. MANN BRUCE D. MAY CHRISTOPHER M. MOROPOULOS DONALD J. HAMAN DANA M. KEZMOH JOHN J. SWIGART JR. DARRYL S. GIBSON MICHAEL A. ZABLOCKI JOHN G. M-CLENDON 19 2 NEILA R. BERNSTEIN TODD R. THAKAR March 25, 9 CELESTE STAHL BRADY RICHARD T. NEEDHAM CHRISTOPHER J. KILPATRICK ROBERT C. WALLACE JOEL H. GUTH DAMON C. MOSLER JULIE MCCOY AKINS GERARD L. OSKAM DAWN C. HONEYWELL JOHN F. CANNON OWEN B. LUBOW JOHN E. WOODHEAD IV LAWRENCE B. COHN DOUGLAS P. FEICK WARREN B. DIVEN WILLIAM J. MORLEY JAMES DEXTER CLARK Mr. Tom Hartung City of La Quinta # 78-105 Calle Estado La Quinta, California 92253 Re: Kirkwood v. City of La Ouinta Dear Mr. Hartung: JOHN E. BRECKENRIDGE RENA C. STONE OF COUNSEL WRITER'S DIRECT DIAL: •It I enclose a letter from William Francis, attorney for Mr. Kirkwood, who owns the house and the parcel that are the subject of the above -referenced action. Evidently, Mr. Kirkwood believes that certain columns connected to an overhang at the back of the house are merely aesthetic, do not support the overhang, and therefore do not need to meet stringent code requirements. He seeks to have you inspect- the columns and inform him whether any problems exists with respect to it. I told Mr. Francis that I would pass the enclosed letter along to you for your independent review and choice.of action. Please do not hesitate to call me if you have any questions or concerns regarding this matter. Very truly yours, STRAD ING, YOCCA, CARLSON & RAUTH C,U4 R ber C.,Wallace RCW:1s cc: Ron Kiedrowski Dawn C. Honeywell, Esq. 2588/17 la X/00/ CARL WARREN & CO. Insurance Adjusters Claims Management and Administration P.O. Box 6205 San Bernardino, California 92412-6205 (714) 8848669 (714) 8241660 800-762-3216 FAX: 714-888-4888 REPORT #4 -INTERIM BILLING City of La Quinta Post Office Box 1504 La Quinta, California 92253 Attention: Tom Genovese RE: Principal: Incident: Claimant: Our File: Dear Mr. Genovese: January 18, ,991 City of La Quinta 8/13/88 and continuing Joe Kirkwood 10298 SG REVIEW: Claimant alleges that a City Building Inspector allowed a concrete slab to be poured without inspection of the underground plumbing, air conditioning duct work and other materials. Claimant alleges that the Building Inspectors were negligent, causing him substantial damages to correct these deficiencies. STATUS: We are advised that Michael J. Rubino has left the firm of Stradling, Yocca, Carlson & Rauth. The file is now being handled by Mr. Robert Wallace of the same firm in association with Donald J. Hamman of the same firm. Since the inception of this litigation there has been some confusion as to the attorney of record defending the City of La Quinta. Therefore, Mr. John Marshall of Thompson & Colegate, at our instruction, has corresponded with Mr. Wallace to determine the present status of this case since Stradling. Yocca, et al. had undertaken negotiations with Mr. Kirkwood's attorney. In that regard, Mr. Kirkwood has apparently retained new counsel and a substitution of attorneys was filed, which Mr. Wallace was unaware of. It appears that Mr. Kirkwood's attorney has indicated that he is willing to provide the City of La Quinta with a dismissal as to the cross-complaint if the City is willing to send an inspector to the property and advise Mr. Kirkwood. -as to what changes will be necessary to bring the property to code. The City had previously agreed with this Bakersfield (805) 831-1703 Covina (818) 915-5861 Fresno (209) 233-9500 Glendale (Los Angeles Area) (213) 245-0800 Long Beach (213) 596.5539 Sacramento (916) 631-8551 San Bernardino (714) 8241660 (714) 8848669 San Diego (619) 457-3500 San Fernando Valley (818) 999-4094 San Francisco (415) 938-6640 San Luis Obispo (805) 544-7963 Santa Ana (714) 972-3146 Santa Barbara (805) 963-0695 Ventura (805) 656-0811 (805) 658-0855 �• .r�k I. •Ili. `� ,. �je i , V.., I .. • t Page 2 i request. Therefore. Mr. Wallace believes that the case can be resolved in the near future. It is our understanding that Mr. Wallace will be contacting a representative of the. City of La Quinta• to advise them of. this agreement. In addition. Mr.- Wallace will also follow-up for a dismissal and provide Thompson & Colegate with a copy of such. WORK TO BE� COMPLETED: �T 1. Await receipt of conformed copy of dismissal. 4 2. Await receipt of defense counsel�'.s final invoice. CLAIM STATUS: { Claim: Reserve:' 1. Joe Kirkwood - LPD $10.000.00 COMMENT: We will continue. to keep you'-advised^,of all "further.deveiopments as they occur in this matter.. In the. m'e'antime. we* are taking the opportunity to submit our interim invoice for services rendered'. Very truly yours; CARL WARREN & COMPANY Stephen T: Gooch STG/pm CC: 'Thompson".& Colegate �a Attn: Johri .W. "MarshallAll Cc: i CVJPIA Attn: Dennis Molloy ..0U� ;.•,�c r ., :•'1Y request. Therefore. Mr. Wallace believes that the case can be resolved in the near future. It is our understanding that Mr. Wallace will be contacting a representative of the. City of La Quinta• to advise them of. this agreement. In addition. Mr.- Wallace will also follow-up for a dismissal and provide Thompson & Colegate with a copy of such. WORK TO BE� COMPLETED: �T 1. Await receipt of conformed copy of dismissal. 4 2. Await receipt of defense counsel�'.s final invoice. CLAIM STATUS: { Claim: Reserve:' 1. Joe Kirkwood - LPD $10.000.00 COMMENT: We will continue. to keep you'-advised^,of all "further.deveiopments as they occur in this matter.. In the. m'e'antime. we* are taking the opportunity to submit our interim invoice for services rendered'. Very truly yours; CARL WARREN & COMPANY Stephen T: Gooch STG/pm CC: 'Thompson".& Colegate �a Attn: Johri .W. "MarshallAll Cc: i CVJPIA Attn: Dennis Molloy ..0U� ;.•,�c r ., :•'1Y STRADLING, YOCCA, .CARLSON & RAUTH A PROFESSIONAL CORPORATION FRIT ZR. STRADLING JULIE McCOY AKINS ATTORNEYS AT LAW NICK E. YOCCACARL DAWOWEN C. HONEYWELL JOHN E. BRECKENRIDGE C. CRAIG CAR LSON OWHN B. LUBOW _ 660 NEWPORT CENTER DRIVE, SUITE 1600 RENA C. STONE WILLIAM R. RAUTH 111 LAWRENCE B. CORN OF COUNSEL.. K. C. SCHAAF HARLEY L. BJELLAND POST OFFICE BOX 7660 RICHARD C. GOODMAN STEPHEN T. FREEMAN NEWPORT BEACH, CALIFORNIA JOHN J. MURPHY PERRY J. TARNOFSKY ..92860-6441 THOMAS R CLARK, JR. ROBERT A. WILSON TELEPHONE (714) 725.4000 BEN A. FRYOMAN- CHERYL A. DOW DAVID R. MCEWEN. NICHOLAS J. YOCCA TELEPHONE (714) 640-7035 PAUL L. GALE LISA M. KITSUTA WRITER'S DIRECT DIAL: RUDOLPH C. SHEPARD JULIE M. PORTER FAX NUMBER ROBERT J. KANE MARK T. PALIN M. D. TALBOT JOHN D. STEINBERG (714) 723.4100 /��'�'y 725-4130A BRUCE C. STUART ROBERT C. FUNSTEN V�� - OFA DOUGLAS F. HIGHAM ALETA LOUISE BRYANT E. KURT YEAGER RONALD A. VAN BLARCOM ROBERT J. WHALEN STEPHEN M. M-NAMARA ROBERT E. RICH THOMAS A. PISTONE GARY A. PE VAUGH N J. MICHAEL VAUGHN � w - 2 „rE/\(JJ APR SCOTT E. M-CONNELL CINDY R. HUGHES RANDALL J. SHERMAN DENISE E. HARBAUGH BRUCE W. FEUCHTER BARBARA L. ZEID _ ;(1dyty MARK -J. HUEBSCH ERIC T. SALTZMAN �Wl KAREN A. ELLIS MICHAEL J. RUBINO ELIZABETH C. GREEN ANDREW P. RIFKIN - BRUCE D. MAY GARY P. DOWNS DONA LO J. HAMMAN JOHN D. IRELAND March 29, 19 9 0 JOHN J. SWIGART, JR. MICHAEL J. PENDERGAST - MICHAEL A. ZABLOC "'DAVID H. MANN NEILA R. BERNSTEIN GALE I. SCHLESINGER ' CELESTE STAHL BRADY DANA M. KEZMOH CHRISTOPHER J. KILPATRICK DARRYL S. GIBSON - JOEL H. GUTH Mr. Ron'Kiedrowski City Manager City of La Quinta 78-105 Calle Estado La Quinta, California 92253 Re: City of La Ouinta v. Kirkwood Dear Ron: Enclosed -for your review is a copy of the demurrer and motion to strike filed on behalf of the City in the above -entitled matter attacking the allegations of the cross-complaint. As.you can see, it is our position that a claim cannot be made against the City because it is protected by governmental immunities. While it may be possible to allege facts to make a claim, we are arguing that the cross-complaint now on file is defective. The hearing on the demurrer is set for April 19, 1,990, although we anticipate that the attorneys may voluntarily elect to amend the complaint to cure some or all of the defects. We will be urging them the merely drop the case against La Quinta. Mr. Ron Kiedrowski March 29, 1990 Page Two If you have any.questions or would like to discuss this, please do not hesitate to call me. Otherwise, we will notify you of the outcome of the hearing. Very truly yours, STRADLING, YOCCA, CARLSON & RAUTH Donald J. Hamman DJH : kj Enclosure cc: Celeste Brady, Esq. 0013m/78-79 6F 1 2 3 4 5 6 7 8 9 10 11- 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING, YOCCA, CARLSON b RAUTH LAWYERS NEWPORT BEACH. CA RIVERSIDE COU STRADLING, YOCCA, CARLSON & RAUTH A Professional Corporation MM 2 8 DONALD J. HAMMAN MICHAEL J. RUB I NO ( 413 2 2 3 5 ) ARTHUR A. SIMS,.gerK 660 Newport Center Drive, Suite 1600 By � �_,e�� La�r Newport Beach, California 92660-6441 ��•TT pep„t„ Telephone: (714) 725-4000 Attorneys for Cross -Defendants CITY OF LA QUINTA, TOM HARTUNG and DANNY DAY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE (INDIO BRANCH) JOE KIRKWOOD, JR., and JOYCE KIRKWOOD, Cross -Plaintiffs, VS. CITY OF LA QUINTA, TOM HARTUNG, DANNY DAY and DOES I through X, Cross -Defendants. Case No. Indio 55695 NOTICE OF MOTION AND MOTION TO STRIKE PORTION OF PLAINTIFFS'CROSS- COMPLAII.T; MEMORANDULi OF POINTS AND AUTHORITIES Date: April 19, 1990 Time: 9:00 a.m. Civil Division TO PLAINTIFFS JOE KIRKWOOD, JR., JOYCE KIRKWOOD AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on April 19, 1990 at 9:00 a.m. or as soon thereafter as the matter may be heard in the,Civil Division of the above -entitled court located at 82675 Highway 111, Indio, California, defendants City of La Quinta, Tom Hartung and Danny Day (collectively hereinafter "La Quinta") will and do hereby move the Court to strike paragraphs 18, 21, 23 and 28 of the cross-complainant together with paragraphs 1 1(e), -2(e), and.3(a) of the prayer seeking punitive and 2 exemplary damages, and attorneys' fees. 3 . 4 This motion is made pursuant to Code of Civil Procedure 5 435-437 on the rounds that the §§ g provisions sought. to be 6 stricken are irrelevant or improper and that the cross - 7 complainants are not entitled to exemplary damages or 8 attorneys' fees as a matter of law based on the allegations of 9 the cross-complaint. 10 11 This motion is based upon the notice'of motion and motion, 12 the Memorandum of Points and Authorities filed herewith, the 13 other pleadings on file in this case, and upon such other and 14 further evidence or matters that may be submitted to the Court 15 at or during the hearing of this motion. 16 17 Dated: March a 8, 1990 Respectfully submitted, 18 STRADLING, YOCCA,, CARLSON & RAUTH 19 A Professional Corporation 20 21 By : Michael J. Rubino 22 Attorneys for Cross -Defendants City of La 23 Quinta Tom Hartung and Danny Day 24 25 26 27 28 -2- MOTION TO STRIKE STRAOLING, YOCCA. _ CARLSON 3 RAUTH, - LAWYERS NEWPORT BEACH, CA - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. 'INTRODUCTION On or about June 6, 1989, California/Idaho Co., Inc., (hereinafter "Cal") applied for and received a building permit numbered 04057 for construction of a'single family dwelling at 55-870 Pebble Beach ("residence."). Thomas Powers was the qualifying individual at Cal for its general contractor's. license. Cal filed and signed the building permit .application stating that it was licensed under Chapter 9 of Division 3 of the Business and Professions Code. Cal's general contractors license was'in full force and effect prior to the issuance of the building permit. Additionally, Cal had the necessary workers' compensation insurance and bonds prior to issuance of the building permit. A dispute has arisen between cross -complainants and Cal regarding the quality of workmanship and a lawsuit was instituted. Cross -complainants now ask the city, who was not a party to the original contract, to be a guarantor. STRAD LING, YOCC A, -3- MOTION TO STRIKE CARLSON E RAUTHI LAWYE R5 NEWPORT BEACH, CA 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 STRADLING, YOCCA, CARLSON E RAUTH LAWYERS NEWPORT BEACH, CA II. CROSS -COMPLAINANTS CANNOT ASSERT A CLAIM FOR EXEMPLARY DAMAGES AGAINST LA OUINTA Code of Civil Procedure § 436 authorizes the Court, upon motion of any party to strike out any irrelevant, false, or improper matter inserted in any pleading. Government Code § 818 states: "Notwithstanding any other provision of law, a public entity is not liable for damages awarded under S 3294'of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant." Paragraphs 18, 23 and 28 of the cross-complaint and paragraphs 1(e) and 2(e)* of the prayer request exemplary damages against each and every cross-defendant in an amount of not less than $250,000. Civil Code §3295(e) states: "No claim for exemplary damages shall state an amount or amounts." As exemplary damages cannot be awarded against La Quinta, the allegations contained in paragraphs 18, 23, and 28 of the cross-complaint and paragraphs 1(e) and 2(e) of the prayer are irrelevant and must be stricken. -4- MOTION TO STRIKE 1 III. CROSS-COMPLAINANT CANNOT 2 RECOVER ATTORNEY'S FEES 3 4 The general prevailing rule in California is that each 5 party bears its own attorney's fees in the absence of a statute 6 or agreement expressly authorizing the recovery. (Code of 7 Civil Procedure.§ 1021;• Gray v. Don Miller & Associates Inc 8 (1984), 35 Cal.3d 498, 504.) In paragraph 3 of the prayer, 9 plaintiff seeks attorney's fees under all three causes of 10 action.' Plaintiff's three causes of action are really two, one 11 for taking of property without due process of law and the other 12 for failure to perform an alleged duty required by La Quinta. 13 As none of the above causes of action fall within a statutory 14 or express agreement authorizing attorney's fees, the part of 15 paragraph 3(a) of the prayer requesting attorney's fees must be. 16 stricken. 17 18 19 20 21 22 23 24 25 26 27 28 57 RA DUNG, YOCCA, -5- MOTION TO STRIKE - CARLSON E RAUTH LAWYERS _ NEWPORT BEACH, CA 1 IV. PARAGRAPH 21 MUST BE STRICKEN AS AN 2 IMPROPER AND FALSE STATEMENT UNDER 3 THE LAW 4 5 Paragraph 21 of-the complaint states: 6 7 "LA QUINTA had a,mandatory duty imposed by 8 Government Code Section 815.6 and Health and 9 Safety Code Section 7031.5 . to require 10 Thomas and Powers, as builder, to file a 11 statement showing that they were-a licensed 12 general contractor as a condition precedent to 13 issuance of the building permit numbered 14 04057. The mandated duty is designed to 15 protect Cross Plaintiffs." 16 17 Government Code Section 815.6 states: 18 19 "Where a public entity is under a mandatory 20 duty imposed by an enactment that is designed 21 to protect against the risk of a particular 22 kind of u in r j y, the public entity is liable 23 .for an injury j y of that kind proximately caused 24 by its failure.to discharge the.duty unless 25 the public entity establishes that it 26 exercised reasonable .diligence to discharge 27 the.duty." 28 STRADLING. YOCCA.. -6- MOTION TO STRIKE - CARLSON S RAUTN LAWYERS - - NEWPORT BEAC M. CA .. - 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Health & Safety Code §7031.5 does not exist and Government Code § 815.6 does not impose any duty,to.have a builder`.file a statement showing that they were a licensed contractor as a condition precedent to issuing a building permit. Accordingly, paragraph 21 of the cross-complaint must be stricken as false and improper. V. CONCLUSION Plaintiff is seeking exemplary damages against La Quinta under- paragraphs 18, 23 and 28 of the cross-complaint and paragraphs 1(e) and 2(e) of the prayer. Under Government Code` § 818, public entities are not liable for exemplary damages and the above paragraphs must be'stricken. Additionally, cross -complainants lumped together causes of action 1 through.3 in the. prayer and'asked.for attorney's fees under each and. every cause.of action. As no basis for awarding attorney's fees has been prayed for,.�paragraph"3(a) relating to atto`rney's fees must be stricken. Lastly, cross -complainants' STRADLING. YOCC A, -7- MOTION TO STRIKE CARLSON d RAUTH - LAWYERS - NEWPORT BEACH. C4 1 21 3 4 5 6 7 8' 9 10 11 12 13 414 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paragraph 21 is false and improper and must be stricken. Therefore, La Quinta respectfully requests the Court grant its motion to strike. Dated: March Al, 1990 8551o/2588/006 Respectfully submitted, STRADLING, YOCCA, CARLSON & RAUTH A Professional Corporation B y : Michael J. Rubino Attorneys for Cross -Defendants City of La Quinta, Tom Hartung and Danny Day STRADLING, YOCCA, -8- MOTION TO STRIKE CARSON d RAUTH IAWrERS NEWPORT BEACH, CA 1 2 3 4 5 6- 7 8 9 10 11 12 13 14 15 16 17• 18 19 20 21 22 23 24 25 26 27 28 STRAOLING, YOCCA, CARLSON E RAUTH LAWYERS NEWPORT BEACH• CA PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 660 Newport Center Drive, Suite 1600, Newport Beach, California 92660-6441. On March 28, 1990, I served the foregoing document described as NOTICE OF MOTION AND MOTION TO.STRIKE PORTION OF PLAINTIFFS' CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES on interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Moton Holt, Esq. 6253 Hollywood Boulevard Suite 822 Hollywood, CA 90028 X BY MAIL As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on March 28, 1990, at Newport Beach, California. X (State) I declare under penalty of perjury under the laws of the State of California that the above i,s true and correct. April e Lauren MOTION TO STRIKE c� Next Report Due Date 3/26/90 c,ARL WARREN & CO. Bakersfield Insurance Adjusters (805) 831-1703 Claims Management and Administration Covina P.O. Box 6205 (818) 915-5861 San Bernardino, California 92412-6205 Fresno (714) 824-1660 ' (209) 233-9500 (714) 8848669 FAX: 714888.4888 January 25, 1990 Glendale (Los Angeles Area) REPORT #1 - INTERIM BILLING (213) 245-0800 Long Beach (213) 596-5539 City of'La.'Quinta P. 0. Box 1504 San Bernardino (714) 8241660 La Quints, ,.CA. 92253 (714) 884-8669 San Diego. Attention: Tom Genovese (619) 457-3500 San Fernando Valley (818) 9994094 Re: Principal: City of La Quinta San Luis Obispo Claimant: Joe Kirkwood W5)5447963 D/Loss: .8/13/88 & continuing Santa Ana Our File: 10298 SG (714)9'72-3146 Santa Barbara Gentlemen: (805) 963-0695 Ventura PREVIEW: Claimant alleges that a City building inspector (805) 656-0811 (805)658--0855 allowed a concrete slab to be poured without inspection of the underground plumbing, air conditioning duct work, and other. materials. Claimant also alleges that con- struction activity has been allowed to proceed without being notified of corrections necessary before further construciton activity proceeds. In essence, claimant is alleging that the building in- spectors were negligent causing him substantial damages to correct the deficiencies. PRINCIPAL: City of La'Quinta, P. 0. Box 1504, 78-105 Calle Estado, La Quinta, California 92253, telephone 619 564-2246. Our primary contact at the City of La Quinta in reference to this matter has been with Building Official, Tom Hartung. COVERAGE: In order. OTHER INSURANCE: 1. Principal: As of this date of loss the City of La Quints had a Self -Insured Retention of $25,000.00. Based upon `the allegations contained within the. claim there. would appear to be coverage provided by the y Coachella Valley Joint Powers Insurance Authority beyond the $25,000.00 Self -Insured Retention level. .k�;� to = � . .� •:.r V .. , , .:i' r �'i � . '� . , Page Two However, the City is. ultimately responsible for a maximum of $125,000.00 with coverage beyond that provided -by pool funds. 2. Claimant: None apparent. 3. Co -Defendant: The general contractor, Brad Thomas and Tom Powers were working under Californa/Idaho Company, Inc.'s license No. 488437.* Cal/Idaho's local office is Located at 15101 Sego Lane, Palm Desert, CA 92260, telephone 619 346-5354. We are conducting further investigation into insurance coverage available to Brad Thomas, Tom Powers and California/Idaho Company, Inc. Claimant's attorney is also investigating the -possible coverage. There have been approximately five lawsuits brought by other property owners within 'PGA West against Cal/Idaho. In.addition, Cal/Idaho has filed a complaint within the Superior Court of Riverside County, Indio Division under Case No. 55695. 'Within. that action, Joe Kirkwood, Jr. and his. wife Joyce Kirkwood are ..named defendants. The Kirkwoods have now cross- plained.against Cal/Idaho. It appears clear that Brad Thomas, Tom Powers and Cal/Idaho are the primary defendants of focus. The construction problems appear to have been created by the co-defendants rather than any- inspection by the City of La Quinta. DATE, TIME AND PLACE: Claimant alleges that initial damages occurred.. beginning August 13, 1988 and continue. Damages are alleged.to have occurred at the site of claimant property under construction which is located at 55-870 Pebble Beach, La Quinta; Page Three 2. Action by Public Entity: Notice of claim rejection was mailed to the claimant. September 7, 1989. 3. Statute of Limitation: The six month Statute of Limitation for timely filing of a civil 'complaint will run Marh 7, 1990. PREMISES: Claimant's property under construction located at 55-870 Pebble Beach, La Quinta, California is identified under As.sessor's. Parcel No. PGA. 769-360-018. It is a. single family dwelling. Construction permit was initially issued to.. Cal/Idaho under Permit No. 04057. However, on' October. 24, 1989 both Tom .Powers and Brad Thomas signed a letter addressed to the City of La Quinta Building Department advising that as of October 1, 1989 they had ceased work at the Kirkwood construction site. As a result of Cal/Idaho ceasing to act as general con— tractor, a new permit was issued to Joe Kirkwood as owner/ builder under Permit No. 04721. It appears that Registered 'Professional Civil Engineer. Denise - R'. Poeltler. prepared plans, specifications and calculations for the home. Ms. Poeltl'er is employed by the "Flying Buttress", 72.-757 Fred Waring Drive, Suite 5, Palm Desert, California 92260, telephone 619 346-5445. The architect retained' by Mr. Kirkwood is Juan Carlos Ochoa, of. Ariza Associates, 980 Tahquitz/McCallum, Palm Springs, California 92262. The building department documentation indicates that the estimated. value'. of the claimant's home was $280.,698'.20. That was the valuation as of May 26, 1988. The home has approximately 3,924 square feet. At this time, rough framing has been completed and the exterior has been stuccoed. However, the only inspection signed off is for the slab grade, August 11, 1988 by Danny Day; foundation reinforcement July 30, 1988 by Danny Day; roofing, November 17, 1988 by Danny Day and.. ground plumbing, July 22, 1988 by R. "Kirk" Kirkland. Both Kirkland and Danny Day are building inspectors for the City of La Quinta. :„J n Page Four The inspection file reveals that on July 29, 1988 the footing inspection failed, however was okayed the following day. On August 11, 1988 there was a partial concrete slab with a notation of "other half next day". + On Augustr 22, 1988 the inspector notes that the hold. downs were not „ complete.. Danny, Day .advised that the contractor --was to call for reinspection prior to completing. the concrete slab pour. However,..the final half of the concrete slab was poured over the weekend without inspection prior to the pour. Mr. Kirkwood has retained Garrett Forensic Engineers, Inc., 2804 Beverly Boulevard, Los Angeles, California 90057, telephone 213 388-2341. Civil engineer John H. Caulfield has prepared an extensive report. with photo- graphs under his File No. 189EW5542P. Mr. Kirkwood has provided us..with a copy of the report. The report,,was.. prepared' in.,'reference to-.. Mr. Kirkwood's cross-complaint against Cal/Idaho, Inc. ,The' report is extensive, pinpointing nearly a'll of the construction deficiencies. Mr. Caulfield cites each uniform building code section violation. , The inspection occurred January 27, 1989. The purpose. of the inspection was to provide an opinion as to the construction quality. The report. concludes that the construciton at the site varies from the design shown on the drawings and from industry standards. -These variations include substitutions not shown on the plans, inclusions not shown on the plans, omissions 'from '.:the plans, poor workmanship, and poor supervision. Criticism is' of the fact that the work was continued despite. theshortcomings,. without a r"esponsible plan for theirj•.r.emedy, and without the customary approval. of the City. of' La Quinta further attests to the attitude „xr during the progress of the work. Finally, it.was the engineer's opinion that the organization and prosecution of the work was creating an inferior product. ' �,+,,�,�� i"+�� +. c3 ��F+�+r�,a}{{�x �H�r +• ++ ,•, ,`=��^+�,{�ir� ::;ISA ,� Page Five The only criticism toward the City, of La Quinta as a result of.`. the inspection of the premises is the engineer's surprise that the work had proceeded as far as it had with so-• many- obvious. shortcomings without the building inspector raising some issues. The engineer notes that if. ,the attached copy of the in- spection record was correct, the site was not ,yet approved - for the foundation'works'let alone the framing: The undersigned' has met with Mr.+ Kirkwood and walked through the *construction of his residence.* We noted a number of construction deficiencies, however believe that all of these deficiencies are directly related to the contractor. OWNERSHIP/CONTROL: Ownership and control. of -the residence under construction is entirely with the claimant, Joe Kirkwood. The City of La Quinta has: 'j;urisdic.tion 'and control over the inspection of the construction - activity, as it pro- gresses. The contractor or owner/builder, has the obliga- tion to... call for inspection when they- feel. 'that work has progressed to the point where., inspection is .required prior to proceeding further. In an effort to adequately document what inspections need to be done and to control with the work load, it is the policy of' the City of La Quinta Building Department not to take verbal orders or requests for inspection out in the field. All contractors or owners/builders must call the building department and schedule an in- spection. INCIDENT' DESCRIPTION: It:-.appears-that—problems occurred on.. a, daily- basis..r However., in' reference -to the` clai'"m against the-' City ;,..of -La �Quinta, Mr. Kirkwood believes that on.:,August' 1.1, 1988` at- approximately 3i'36 PM 'Danny Day ;,wase on ''the ;.scene and' was=inspecting some -of."the •founda= a tion""woi0'-prior.�to the- pouri"rig of` concrete._ He noted that. there was a` need' -for tie -downs and `that <. the copper pipe oto be within theins lab needed, to:., be wrapped :. On; August :E'_1'2;' -1988;#~no-.:in'spector-- was . --mon` ahe� premises. Brad Thomas..jwas� on - the-- scene, rand indicated that they needed to �pourthe -concrete' -immedi:ately so, that•- he could obtain ` ! ,.a,.-. ..icl:. }.,� i I�;r r ,.riy :I t rtta `. � a, i '{I.i "r =rii � 1. � ;r rh } ,•R � 1 i, [ i t,�.:µ t Y .....�'.. 1 . � 1� t. - ... , y , t, t r..w : ,: <M Y.+` r .tiu -t ri s i, fi , r,'•t •, , :,,t.r } .:ti �hl t , .. .... r.,. a f tRi,',�..'k� y,;. s. • u � i :p t.' ! 1. n ., .ti. , , y�' 1'',. , . , Page Six additional. funds to complete a project of homes in the State of..Oregon. Brad Thomas then advised that. concrete would be poured on Saturday and that the inspection wa-s okay. It appears that Brad Thomas. had made representations to Joe Kirkwood• that he had .contacted the Building Inspection Department and they, had indicated it was okay to pour the remainder of the concrete necessary to complete the slab. The. concrete was being poured on Saturday August 13, 1988. The individual subcontractor performing the concrete work was known as Lopez. On Monday, August 15, 1988, Danny Day showed up on the site and was very mad about. the fact that the concrete had been poured over the- weekend. without inspection prior to the pour. Mr.. Kirkwood appears to 'be looking for direction from. the City of La.. Quinta as to- what--. needs to be done to., ultimately final the project for a Certificate of Occupancy. Furthermore, he wishes. to- have- the.. City scrutinize the.. project.so'as to resolve the deficiencies which presently exist. Mr. Kirkwood would be obligated to -disclose known - defects in the event he was to subsequently sell the property. In the event that existing deficiencies were not corrected, he would have to disclose those to a bona fide purchaser, for which the property's value would be substantially diminished. PR•I-NC'IPAL, VERSION - --We have now had an opportunity to me t�with. Building'Inspector 'Danny'Day'.and 'Bullding Official Tom -Hartung. DannyDay, -has -advised- that he'- believes that -there i -s adequate reinforcement of the foundat ons of• `the= Kirkwood 1-, pro,3ect -- - The --.,Io 1'.y item— signed off as _passing inspection is thet`rough aground ' plumbing; foundation reinforcementf, �_d- s1_7�bb-�,grae -and- roof ing - OnMar.ch 7 22; �1989.,Y Kirkwood was advised hat it was okay, to—wrap". the,- exterior, of the building_„•to1, protect the 1'umbei3 from. -the heaf 4e_1 -1 as, om other deterioration caused by' ! Yt � i•l �t ril.- :M ! ^..�t' � `t�t tC r?r? R tr � Ni s �.r. t1 t r� `. ;t. i m`•7a rV' ':'F- - .mt.t ,a =. ,,. 1 P ' ..fn ., y,,:1 t il. �'?�,• Page Seven, weather. On September 21, 1989 building inspectors indicated it was okay to lath and plaster the exterior of the struc-- ture before sheetrock was applied to the interior. This also required a letter, of which Mr. Kirkwood has provided to the building department that he will use nothing but screws to attach the drywall, as opposed to nails, which would crack the exterior plaster. ,One,--othe'r- 6oblem area- raised" by we- ._ p Mr. Kirkwood •whTch .4 _addk6'ssed-1- with, Mr: Hartung, was the-' fact that '. si'•u` p- p o tiiRq Pi ars rappear xto be_ 'placings..,. a, surcharge, upon the-, of.--a,-pool,z.-. -Mr-. Hartung advised as- long as there is ade- qudtewiFeinf6ricement' within the wall• of the pool to withsta-nd the-, - surcharge." ,'created .'by " the supporting, pillar of the` house,_there- is no problem. In, the event 'there 'is not, adequdie.c'-reinfor'cem'6nt,- either the pool will have ',to be— _removed or: reconstructed emove with,, adequate''thicknesse-s and spacing~ of-rebar. Mr,-. --Hartung's proposed. solution, to these problems are -t P I_ I I work .- to r,equ7ir-e, non-evasi've- inspection's of all concrete' work, to, --confirms, the` 'exi:stence of adequate reinforcement This- can be done by pouring into the slab to insure that,,,. there is the. proper--rebar-within the- exterior foundation, as, within the concrete floor/slab.. There is a substantial grid of'. No. 3 rebar within the. floor- of the slab. Mr-.. Kirkwood- has knocked out various sections of concrete' within the floor -to"prove that. However, he has no recol- lection whether or not the No. 5 rebar was used for the exterior footing. Di:scussing 'this with Danny Day, he f ee-1-s ' -..,,-satisf ied that there, here - i4 , as _a7de`quate '-rein"forcement wf.-Ehi,n�",the ,4'f'ooting-�l- to which he would,- provide Mr,. Kirkwood with-l-t,te,n,--re-assurance. The non -evasive procedures to confirm whether or . not the footings had. steel within them or, as previously' indicated,. coring or a sonogram or x-ray. It would be. the 'obligation of Mr. 'Kirkwood to retain a 'company to' perform these tests to the satisfaction -,of the City of La Quinta. Mr:~ Hartung- also, advised- that `since claimant has never' called "for`��a framing inspection, tHere" may irf' fa6t b�, of ; deficiencies which"exists- th'Athave"hot bee-n."`-',' inspected' arid -,written; up -as-'being deficient. Z, r�,': z 44 •TF Page Eight The claimant has the obligation to call for the framing inspection, however, has never done so. This framing inspection consists of a number of mechanical inspections such as the rough electrical, heating and air conditioning ducting, 'etc. There are a. number of trades involved whose work needs .to be inspected at the framing stage. Since the interior walls have not been completed and. the framing is still exposed inside, there should be no problem,in.inspecting the work. Mr !Hartung-` has- advised that he will _personally perform the'=nspection"with •the = assistance of= another inspector ,s and' plans t---to;take pan entire :day to go over the .house, and write up .-every,i to be deficient . This manner of inspection appears to be what Mr. Kirkwood is looking for. It appears to be a double edged sword in that the code violations will be used to reinforce Mr. Kirkwood's case against Cal/Idaho, as well as ensuring that his home is properly constructed and that the de- ficiencies are corrected precluding him from having to disclose known defects upon resale of the premises. Mr,_ Hartung has advised 'that- ' in• retrospect there are f probably- some areas' which - should have' been addressed early,: on which- were not. Principally, the building spector, upon noticing that the slab had been poured p without inspection whicYi the o cncrete would 'be covering; up, shou•rd- have demanded that work stop and. the contractor prove.�to� the ,satisfaction of • the building -inspector that the_ items. within the slab' which 'we're—covered- b the SO* . P ` Y concrete. pour,. were. actually in --,place pri'or'-to,. the-. starts of _'framing. This is. also one of `Mr. Kirkwood Is criticisms CLAIMANT VERSION: Joe Kirkwood presently resides at 82-495 Priscilla Court, Indio, California 92201, telephone ` 619 347-3022. We have had the opportunity to meet with Mr. Kirkwood on two separate occasions. He claims to a::. former pro f.essional'.'boxer and golfer. He also claims to have various, enterprises, and 'to 'have worked in the concrete business and to have been a developer. Based upon those repre- sentations, he would appear to' have superior knowledge ,�'• of the events transpiring during the construction .of'. his home. til I • t �+}.^ l •.',S Iw��,; 1' "�I� �'. I; .��!'� !tit. ! ,.i^' t �'i' ,.y, y. t .tl �fi f'* ., I A3", tt. Page Nine Mr. Kirkwood claims to be financially well-to-do and professes to enjoy a "good fight He claims to have a battery of attorneys, three of which we are aware of. We were. 'initially contacted by Attorney .Helen Simmons, 1809 Huntington Drive, So. Pasadena, CA 91030, telephone 2.13 682-1459. Most recent contact. with an attorney has been a call from Mr.*-' Moton Holt, 6253 Hollywood Boulevard, Suite 822, Hollywood, CA 90028, telephone 213' 464-8441 or 8442, or 818 909-9757. Both -Attorneys Simmons and Holt indicated that they believe the City had a duty to the homeowner. They believe that this obligation goes beyond the statutory immunities provided pursuant to the Government Code. In fact, Helen Simmons has indicated she would like nothing better than to test the waters and make new law in reference to the statutory immunities which appear to immunize the City in. the event of a negligent inspection. The third''^attorney which- we are aware of. representing Mr. Kirkwood is the lawi offices 'of" Schlecht, Shevlin and Shoenberger, 801 E.. Tahqui.tz.. Way,. 'Suite 100, Palm Springs, 'California. 92262. ."Attorney Joseph A. Gibbs is handling the case. This is in reference to Riverside County Superior Court Case, Indio No. 55695, of which Mr. Kirkwood was initially sued by-California/Idaho Company, Inc. and has now filed a cross-complaint back against the plaintiff. Mr. Kirkwood has advised that Joseph Gibbs also represented the five other homeowners who had previously sued California/Idaho Company, Inc. We feel that it is advisable to review the case referred to as Indio 55695. PHOTOGRAPHS: We intended to photograph the deficiencies of 'the premises pointed out by, Mr. Kirkwood.. However,,.; after receiving a copy of, the the engineer's report, Garrett Engineering, which' contained 40 photographs of the deficiencies and description of the deficiencies, we find this more than adequate.to substantiate the problems that exist upon the premises. C1 Page Ten WITNESS: During our meeting with Mr. Kirkwood, he provided us with a. copy of the sworn statement of Donald Earl' Odell, Jr. The sworn statement was taken before deposi- tion officer Laura S. Shackelford, a. certified shorthand reporter on June 30, 1989.. 'Mr. Odell's testimony consists of. 57 pages. Mr. Odell was the job superintendent for a period of. -time until problems arose for which he was advised not to return. Mr. Odell's• statement clearly showsV that the problems originated with the contractor, and the lack of communica tion between the subcontractors as well as the low level. of supervision on the job. PROPERTY -DAMAGE: Claimant is alleginga minimum of $85,000. in damage to real property. Damages appear to be calculated. based upon the costs to correct substandard. construction and to bring the construction up to code requirements. LIABILITY: Liability appears questionable#.' -Mr. Kirkwood as well as Attorneys Simmons and Holt have all indicated that their.. primary focus is the. contractor-. The problem >" they face is that the.. Statute of: Limitations for time l �'' filing of a complaint- against the City 'of La- Quinta run March - 7,, . 1990 They - a•11, ,seem to understand that'`"." the City has the benefit-, of Governmental" statutory,'immuni ties=for -`failure" to -inspect as` wel,-1 as negligent inspection.! '� r.� ... •- ♦ , . _, .+ 1 1 i:: '1. 1, _ ( Considering the fact that minimal..inspection has been done to date and the claimant has not called for the framing inspection, which is a,- substantial inspection of a number of other mechanical trades, we do` nbt believef . that- the claimants can even come- close to proving that there., ;,,wasT negligent - inspection of , the construction-. In``th,is- rerd we believe that the City would pril eva, upona,.�a Motgaion ..for Summary Judgment -,with the statutory .r immunities as -the basis forrthe motion.. However, despite the. probability of'prevailing on a Motion for Summary Judgment, does not .preclude the claimant'°'`: from appealing a,, favorable ruling to the City. Such:a,'' Activity would cause the City 'to incur substantial legal''�'�'t and other 'related expenses. With the cost of litigation in mind, we have been attempting to mediate the dispute,''''` attempting "to find some middle ground where the claimant''' and the City come -together in a'win/win situation. - .. .. -. •fix' + y' Page Eleven We beleive. this matter may be.. resolved with the claimant'; filing suit against the City, however, withholding -ser-' vice --of , the complaint. ":^ The -resolution- might be reached' after- the framing inspection when' all code violations and • defi;eiencies have been written up. This would benefit`s ' +` the cl-aimant in his litigation against the"contractor.�r 411 ;j 4 We will continue to 'meet and confer with Mr. Kirkwood and his attorneys in an effort to satisfy them so as to avoid the cost of litigation. WORK TO BE COMPLETED: 1. Obtain insurance information in reference to co-defen- dants Brad Thomas, Tom Powers and Cal./Idaho. 2. Contact claimant's attorney, Moton Holt,.'and advise Of City's position of the steps necessary to, sign off on the final inspection of- the premises: "'1:.0 3. Await the running of the Statute of Limitation and:1}, determine whether 'or. not a - complaint has } I u u^f 'hl naming the City as a defendant.toll, .. 1+� CLAIM STATUS: Claim: Reserve: 1. Joe Kirkwood - LPD $10,000.00. COMMENT: We will continue to keep you advised of all further developments as they may occur in this matter. In the meantime, we are taking the opportunity to submit our interim invoice for services rendered. 'Very truly yours, CARL WARREN .& COMPANY SG/jb Stephen T. Gooch r -. 1 q{' i ,. 1', '` �i,i. a .,,,, .: ,' ,� �, '" 1 �I,� i,li� .. i}r•�;, a i',+��'ll�f �1,,. ,. 11 ��'l + 1 SUMMONS C (C/TAC10A1 JUDICIAL) CROSS DEFENDANTS CROSS COMPLAINT NOTICE TO fQ (Aviso a Acusa o CITY OF LA QUINTA, TOM HARTUNG, DANNY DAY and DOES I through X, Cross Defendants, CROSS PLAINTIFFS YOU ARE BEING SUED BY RbadNJ¢f* (A Ud. le esta demandando) JOE KIRKWOOD, JR., and JOYCE KIRKWOOD, Cross Plaintiffs. You have 30 CALENDAR DAYS after this sum- mons is served on you to file a typewritten re- sponse at this court. A letter or phone call will not protect you; your typewritten response must be in proper legal form if you want the court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money and pro- perty may be taken without further warning from the court. There are other legal requirements. You may errant to call an attorney right away. If you do not know an attorney, you may call an attorney refer- ral service or a legal aid office (listed in the phone book). Fc[ CITY U ee @ M,0,�4t ��. �314R - -rum wuRr uSF ONLY (SOLO PARA USO O! LA cORrf) FEB 2 1990 26 1990 A`R 14 9.9 LA VUINTAP'Ty OF LA OUllu- Despues de que le entreguen esta a'iacion judicial usted tiene un plazo de 30 DIAS CALENDARIOS para presentar una respuesta escrita a maquina en esta torte. Una carta o una llamada telef6nica no le ofreceM protecci6n; su respuesta escrita a maquina tiene que cumplir con las formalidades legiles apropiadas si usted quiere que la torte escuche su casa Si usted no presenta su respuesta a tiempo, puede pender el caro, y le pueden quitar su salario, su dinero y otras cosas de su propiedad sin aviso adicional por parte de la torte. Existen otros requisitos legales. Puede que casted quiera llamar a un abogado inmediatamente. Si no contxe a ion abogado puede llamar a un servicio de referencia de abogados o a una oficina de ayuda legal (vea el directorio telef6nico): The name and address of the court is: (El nombre y direcci6n de la torte es) I Indio NO. 55695 SUPERIOR COURT, RIVERSIDE COUNTY, CALIFORNIA ( Indio Branch) 46-209 Oasis Street Post Office Box 4250 Indio, California 92201 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (EI nombre, la direcci6n y el numero de telefono del abogado del demandante, o del demandante que no tiene abogado, es) MOTON HOLT Attorney at Law 6253 Hollywood Blvd., Ste. 822 Hollywood, CA 90028 Telephone: (213) 464-8441 EB 2 K La Plaa11r` DAT k Clerk, by Deputy (Fecha) (Actuario) p y IDe/egadol ISEALI Form Adopted by Rule 982 NOTICE TO THE PERSON SERVED: You are served 1. as an individual defendant. 2. 0 as the person sued under the fictitious name of (specify): 3. 0 on behalf of (specify): under: Q CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) 0 other: 4. 0 by personal delivery on (date): (See reverse for Proof of Service) V CCP 416.60 (minor) t 0 CCP 416.70 ,conservatee_ ) CCP 416.90 (individual) 1-12 460OF OF SERVICE - SUMMONS a 1. I served the (Uss separate proof of service for each person served) a. ® summons 0 complaint Q amended summons 0 amended complaint 0 complete and blank Case Questionnaires ® Other (specify):Cross Complaint b. on YRQQO;i: AX: Cross Defendant: Cross C. by serving ® defendant 0 other (name and title or relatio, to person served): d. by delivery 0 at home at business (1) date: (2) time: (3) address: e. O by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. ® Personal service. By personally delivering copies. (CCP 415.10) b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a)) C. 0 Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid; addres-scd to tha sander. (CCP 415.30) (Attach completed acknowledgment of receipt.) e. 0 Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. 0 Other (specify code section): 0 additional page is attached. 3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10, and 474): a. 0 as an individual defendant. b. 0 as the person sued under the fictitious name of (specify): C. on behalf of (specify): under: 0 CCP 416.10 (corporation) 0 CCP 416.60 (minor) 0 other: CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) d. by personal delivery on (date): 4. At the time of service I was at least 18 years of age and not a party to this action. 5. Fee for service: $ 6. Person serving: a. California sheriff, marshal, or constable. f. Name, address and telephone number and, if applicable, b. Registered California process server. county of registration and number: C. Employee or independent contractor of a registered California process server. d. 0 Not a registered California process server. e. Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: MGNArURE) 9071a''9; 'Pev lanua•v I 10841 (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date: /SIGNATURE) L 1 MOTON HOLT ( SB 3 2891) Attorney at Law l!— RIVERISIO�E CfRTYD 2 Suite 822, Equitable Building OUN 6253 Hollywood Boulevard 3 Hollywood, California 90028 FES Z 6 1990 4 Telephone: ( 213 ) 464-8441 BY ARTHUR A. SIMS, Clerk x L K La Pier 5 Attorney for Cross Plaintiffs Deputy JOE KIRKWOOD, JR., and JOYCE KIRKWOOD 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUrWTY OF RIVERSIDE 10 (Indio Branch) 11 JOE KIRKWOOD, JR., and ) No. Indio 556-5 JOYCE KIRKWOOD, ) CROSS COMPLAINT FOR DAMAGES 12 Cross Plaintiffs, ) (1) Taking of Property Without -Dine 13 vs. ) Process of Law (2) Failure to Perform Mandated Duty 14 CITY OF LA QUINTA, TOM ) to Require License -From Builder- HARTUNG, DANNY DAY and (3) Violation of Civil Rights by Taking 15 DOES I through X, ) of Property Without Due Process 16 Cross Defendants. ) (Verified) 17 Cross Plaintiffs allege as follows. 18 I 19 JURISDICTION, VENUE AND PARTIES 20 1, Cross Plaintiffs are owners of a residential lot in La 21 Quinta, Riverside County, commonly known=,as, 55-870 Pebble 22 Beach, 23 PGA West, more particularly described as: 24 Lot 26 of Tract 20717-2, Map Book 153, Page 80, Records of River - 25 side County, California. 26 2. Cross Defendant, CITY. OF. LA QUINTA, is, a muni, corpora - 27 tion, duly organized and existing pursuant to California -law and 28 / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 situated in Riverside County. Its business address is 78-105 Calle Estado, La Quinta 92253. 3. Cross Defendants, TOM 'HARTUNG and DANNY DAY, are employed by LA QUINTA as building officials/inspectors and were so employed when Cross Defendants inflicted the hereinafter set forth damage upon Cross Plaintiffs. HARTUNG and DAY at all material times were acting within the course and scope of their employment, and each Cross Defendant owed a mandatory duty to Cross Plaintiffs to protect them from the inflicted damages. 4. DOES I through X are joined as fictitiously named parties who share -liability, jointly and severally, with named Cross Defendants and Cross Plaintiffs will amend this Cross Complaint to set forth their respective true names and capacities upon ascertaining the same. 5. Cross Plaintiffs timely filed formal complaint against LA QUINTA upon initial discovery of their damages.. -in the form of claim, dated August 7, 1989. LA QUINTA denied the claim on September 7, 1989, thereby providing Cross Plaintiffs with six months, or until March 7'.1990, to perfect their claim under Government Code Section 945. This Cross Complaint is timely filed. / -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II FIRST CAUSE OF ACTION FOR WRONGFUL TAKING OF PROPERTY WITHOUT DUE PROCESS OF LAW 6. Cross Plaintiffs incorporate by reference Paragraphs 1 through 5, inclusive, as if set forth herein. 7. Cross Defendants wrongfully and deliberately took a .material property interest in Cross Plaintiffs' residential lot without just compensation in violation of Cross Plaintiffs' constitutional rights guaranteed by the United States Constitu- Ition, Amendment V, and the California Constitution, Article I, Sections 7 and 19. 80 On June 21, 1988, Cross Plaintiffs entered into the $419,000 construction contract with Brad Thomas and Thomas Powers, individuals, to build a prestigeous custom residence on Cross Plaintiffs' residential lot. The faulty performance and breach of said contract is the subject matter of the complaint and answer in this matter. 9. On June 6, 1988, California/Idaho Co., Inc., a California corporation and a stranger to said construction con- tract, applied for, and received, a building permit numbered 04057 from LA QUINTA to construct Cross Plaintiffs' residence, Cal/Idaho took the permit under its California general contractor license numbered 488437 without Cross Plaintiffs' consent. -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Pursuant to said -building permit, Cross Plaintiffs Paid LA QUINTA'the sum of $8,048.39 to cover the cost of city inspections of each construction phase to guarantee -code per- formance. 11. Thomas and Powers commenced work sometime in June, 1988, and when Cross Plaintiffs complained over the shoddy and subcode work performance, Thomas and Powers notified LA QUINTA.by letter, dated October 24, 1988, that they had ceased work on the residence effective October 1, They advised LA QUINTA that their (license, bond and liability might be in jeopardy even though the (building permit was taken by Cal/Idaho on its corporate license land bond. 12. At time of work cessation, the residence was partially constructed, including installation of roof, frame and a portion of the concrete foundation slab. Cross Plaintiffs had discharged Thomas and Powers for their subcode performance and contract deviation which were well known by Cross Defendants, 13. Cross Plaintiffs applied for, and received, a susti- tuded building permit as owner/builder from LA QUINTA on October 125, 1988, numbered 04721. However, Cross Plaintiffs have been, and now are, unable to complete construction because of the existing subcode work performed by Thomas and Powers., / -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 14. Cross Plaintiffs have discovered that Cross Defend- ants. deliberately and fraudulently failed and refused to fulfill their mandated duty to provide honest and unbiased inspections of the work in progress from June to October 1, 1988. In this con- nection, Cross Plaintiffs are informed and believe that Cross Defendants acted in concert and conspired with Thomas and Powers to hide and approve.the subcode work and contract deviations by Cross Defendants' deliberate and knowing refusal to inspect and preparation of false inspectionreports on material phases which were actually inspected. 15. The subcode violations are so material that Cross Plaintiffs can never receive a certificate of occupancy from LA QUINTA. The violations include, among other deficiencies, the forced overhang of the framing .due to wrongful foundation place- ment, clearly unlevel concrete pouring which creates a grossly subcode foundation slab, and set back encroachment of key support- ing pillars into the pool area requiring relocation of the pillars or the pool at monumental cost. 16. The contract deviations are so material that it will cost Cross Plaintiffs an estimated $150-,000 to cure the same with no guarantee that the restorative work will bring the structure up to code or to qualify the residence,for a certificate of -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • occupancy. At date of work cessation, Cross Plaintiffs had paid Thomas and Powers the sum of $100,000. 17. By virtue of Cross Defendants' deliberate and wrong- ful acts, Cross Plaintiffs have lost the use of their residential lot without compensation therefor and Cross Plaintiffs have been further damaged by loss of the $100,000 to Thomas and Powers and by loss of the anticipated $150,000 to cure the defects. And, by virtue of Cross Defendants' deliberate and wrongful acts, Cross Plaintiffs face forfeiture and loss of the residential lot for failure to complete residence construction within the deadline for completion, a contingency which was well known to Cross Defendants. 18. Cross Plaintiffs are entitled to an'award of punitive and exemplary damages against Cross Defendants of at least $250,000, together with costs and attorney's fees, in addition to recovery of Cross Plaintiffs' general and special damages. III SECOND CAUSE OF ACTION FOR LA QUINTA'S FAILURE TO PERFORM ITS MANDATED DUTY TO REQUIRE LICENSE FROM BUILDER -IN -FACT 19. Cross. Plaintiffs incorporate by reference Paragraphs 1 through 18, inclusive, as if set forth herein. 20. Cross Plaintiffs would never have entered into the. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (construction contract with Thomas and Powers if they had known that Thomas and Powers had no contractor's license upon which to secure the building permit. 21. LA QUINTA hada mandatory duty imposed by Government Code Section 815.6 and Health and Safety Code Section 7031.5 (see also H&S Secs. 19825, 19826 and 19827), to require Thomas and Powers, as builder, to file a statement showing that they were a licensed general contractor as a condition precedent to issuance of the building permit numbered 04057. The mandated duty is designed to protect Cross Plaintiffs. 22. LA QUINTA, without Cross Plaintiffs' consent, wrong- fully issued the building permit to Cal/Idaho, a stranger to the construction contract. Now, Thomas and Powers attempt to avoid liability for their shoddy work by blaming Cal/Idaho, yet, Cal/Idaho is using its corporate status to shield Thomas and Powers from liability, and, in this connection, Cal/Idaho has no corporate assets to satisfy Cross Plaintiffs' damages and losses, a legal nightmare caused by LA QUINTA'S failure to fulfill its statutory mandate. 23. LA QUINTA'S breach of duty was deliberate and fraudu- !ant and in knowing violation of the statutory scheme�to protect Cross Plaintiffs from sustaining the losses which they actually -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Isuffered. Cross Plaintiffs are entitled town award of punitive land exemplary damages against LA QUINTA of at least $250,000, together with costs and attorney's fees, in addition to recovery of Cross Plaintiffs' general and special damages. IV THIRD CAUSE OF ACTION FOR VIOLATION OF CROSS PLAINTIFFS' CIVIL RIGHTS BY TAKING THEIR PROPERTY WITHOUT'DUE PROCESS OF LAW 24. Cross Plaintiffs incorporate by reference Paragraphs 1 through 23, inclusive, as if set forth herein. 25. Cross Defendants wrongfully violated Cross Plaintiffs' civil rights guaranteed in United States Code, Chapter 42, Sectio:. 1982, under color of law, by combining with Thomas and Powers to destroy Cross Plaintiffs' monetary expectancy and possessory interest in the residential lot. 26. The conduct of Cross Defendants deprived Cross Plaintiffs of the following rights, privileges and immunities: (a) their right not to be deprived of a..property interest without due process of law secured -by the Fourteenth Amendment of the United States Constitution.and by Article I, Section 1 of the California Constitution; and (b) their right.not to be deprived of a property interest without just compensation secured by the Fifth Amendment of the United States Constitution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • and by Article I, Section 19, of the California Constitution. .27. The taking by Cross Defendants involved the deliber- ate and wrongful use of LA QUINTA'S power to issue building per- mits and to inspect construction projects thereby violating Cross (Plaintiffs' civil rights as above set forth. 28. Cross Plaintiffs are entitled to an award of punitive and exemplary damages against LA QUINTA of at least $250,000, together with costs and attorney's fees, in addition to recovery of Cross Plaintiffs' general and special damages. V PRAYER FOR RELIEF WHEREFORE, Cross Plaintiffs pray for recovery of damages as follows. 1. On the First Cause of Action Against Cross Defendants: (a) general and special damages according to proof; (b) the sum of $100,000 paid out to Thomas/Powers; (c) the sum of $150,000 or such other sum requisite to correct the botched work; (d) a certificate of occupancy upon completion of remedial and final work; and $250,000. (e) punitive and exemplary damages of at least 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 28 2. On the First, Second and Third Causes of Action Against LA QUINTA: (a) general and special damages according to proof (b) the sum of $100,000 paid out to Thomas/Powers; (c) the sum of $150,000 or such other sum requisite to correct the botched work; (d) a certificate of occupancy upon completion of remedial and final work; and (e) punitive and exemplary damages of at least $250,000. 3. On All Causes of Action Against Cross Defendants: (a) attorney's fees and costs of litigation; and (b) such other relief as is proper. DATED: February 20, 1990 74 MOTON HOLT Attorney for Cross Plaintiffs JOE KIRKWOOD, JR., and JOYCE KIRKWOOD VERIFICATION We are the Cross Plaintiffs in this action and we have read the foregoing Cross Complaint For Damages and we know its contents. The matters stated in the foregoing Cross Complaint are true of our own knowledge except as to those matters which are stated on information and belief and, as to.those matters, we believe them to be true. We declare under penalty of perjury pursuant to the law of California that the foregoing is true and correct. Executed at Indio, Califo3rnia, o February 90, E -10 KIRKWOOD 82=459 Priscilla Court, Indio, California 92201 347-3022 1 2 6 5 5 V E N - I E W 1- 1 6 1 1 ... _ ,Toe Firl w- ood Company, Inc. d September 22, 1989 City of La.Quinta Building Department 78105 Calle Estado La Quinta, California Attn: Tom Gentlemen: As per Jack, the inspector's request, please be advised that all the drywall for the exterior walls at my house at 55870 Pebble Beach, will be solely affixed with the use of screws and no nails at all. Golfingly yo s, Jo 'Ki lcw d, JK/j wk ��r7�er�rZS�S GOLF TOURNAMENTS BOWLING • TV PRODUCTIONS • MOTION PICTURES • WRITING • DIRECTING • GOLF COURSE CONSTRUCTION • LAND DEVELOPMENT • aQ;umro . 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 (619) 564-2246 January 31, 1989 Cal -Idaho 75-101 Sego Palm Desert, CA .92260 RE: 55-870 PEBBLE BEACH, LA QUINTA TO WHOM IT MAY CONCERN: At the request of the framing contractor for the, single-family dwelling at PGA West mentioned above, I conducted a pre -framing inspection several months ago. Although work had not progressed to the .point that the framing could be signed off, the construction that had been completed was according to generally -accepted practices and, when completed, would comply with the applicable codes. The.owner (Mr. -Kirkwood) and his attorney were present at the time, and I conveyed this evaluation to them. If you have any further questions, feel free to contact me. Sincerely, Tom Hartung Building Official TH/mr MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253