HomeMy WebLinkAbout05800 - PARTY PALM SPRINGS LLC FACADE IMPROVEMENT AGR FOR 383 NIC p ALM Soo
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PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
°qcr�°ee�p EXTERIOR PROPERTY OWNERJENANT IMPROVEMENT GRANTS
FACADE, IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this -nil day of ,rc k 2009, by and between the Community
F edevelopment Agency of the City of Palm Springs, ("Agency"), and the,
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("Owner'). Collectively the Agency and Owner are referred to as the Parties
RECITALS
A. Agency has established an Exterior Property OwneriTenant Improvement Grant
program for businesses in the Downtown and Uptown Business Improvement
District Area and certain neighboring redevelopment project areas, shown in
Exhibit "A", eligibility map. j
B. Owner is the owner of a real property- usiness (circle one) located within the
eligible area at Palm Springs,
("Property"), otherwise known as
(building or usiness 5
C. Owner has applied for a Grant in the amount of $ � , oo to make
exterior improvements to the Property as described in Exhibit "B," Scope of
Work.
D. Owner has received all necessary approvals from the City's Planning, Building or
Engineering Departments, which are shown in Exhibit "C", Evidence of Approval.
E. The Agency has reviewed the application, the evidence of financial participation
by Owner, the location of the Property, and the approvals, and has approved the
Grant Application.
NOW, THEREFORE, in consideration of the promises and mutual a reements
contained herein, Agency agrees to grant to Owner the amount of Q, ;,�!. ���
and Owner agrees to undertake the approved improvements, under the following terms
and conditions:
PPRO ORM
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AGREEMENT
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1 . Property Ownership/Right to Undertake Work. Owner represents that it is
the Owner of the Property or holds Tenancy in the Property which entitles it
to undertake exterior physical improvements to the Property.
2. Schedule. The Parties agree that all exterior improvements shall be completed
within �n days of the date of this Agreement.
3. Contractor. The Parties agree that Owner has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
Contractor/Vendor Agreements, and the acceptance of the material used and
the work performed is Owner's responsibility, and the Agency is not a party to
any agreement with the vendor or contractor and does not guarantee the quality
of workmanship of the property improvements, nor have any liability whatsoever
therefor-
4. Design Approval and Permits. The Parties agree that Owner has sole
responsibility for obtaining design approval and evidence of required permit
approvals from the City of Palm Springs as shown in Exhibit C, and ensuring the
compliance with those permits.
5. Grant Limitations. The Grant shall be in the amount of the actual approved
expenditure for the improvement described in Exhibit B or $2,500.00, whichever
is less. The Agency does not warrant that it will pay all costs of improvements if
they exceed $2,500.
6. Evidence of Completion. The Parties agree that the Agency will release the
Grant funds upon the completion of the work by the Owner or his contractor.
Evidence of completion shall include but is not limited to: photographs of the
finished work; a final inspection by a representative of the City of Palm Springs;
and, a copy of the final invoice for the work completed and proof of payment to
the contractor.
7. Release of Liens. The Parties Agree that the Owner is responsible for obtaining
the release of any Mechanics Liens or other liens placed upon Owner's property
by any contractor or subcontractor hired under this program.
8. Maintenance. Owner agrees and covenants that, after the City issues its
Certificate of Completion, Owner shall be responsible for maintenance of all
improvements that may exist at the Property from time to time, including without
limitation buildings, parking lots, lighting, signs, and walls in first-class condition
and repair, and shall keep the Property free from any accumulation of debris or
waste materials. Owner shall also maintain all landscaping required pursuant to
Property's approved landscaping plan, if any, in a healthy condition, including
Redevelopment Agency Facade Improvement Program
lI�e 01�1� rvn+�
replacement of any dead or diseased plants with plantsaof a,,maturatyilar�-to::.
those being replaced. Owner hereby waives any notice, public hearing, and
other requirements of the public nuisance laws and ordinances of the City that
would otherwise apply.
MISCELLANEOUS PROVISIONS
9. Covenant Against Discrimination. Owner covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, disability, sexual
orientation, national origin, or ancestry.
10. Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by
notifying the other party of the change of address in writing. Notice shall be
deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
To City: City of Palm Springs
Community Redevelopment Agency
Attention: Economic Development
Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner: -;16,(,._'pr 5 LL C'
u
Palm Springs, CA ' 4 2(n2
11. Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
12. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
13. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect, any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
Redevelopment Agency Facade Improvement Program
14. indemnification. Owner shall indemnify and hold harmless, the City of Palm
Springs ("City") and the Agency, the City Council, the Agency Board of Directors,
its officers, agents, employees and independent contractors free and harmless
from any liability whatsoever based and asserted upon any act or omission of the
City and Agency for property damage, bodily injury, or death or any other
element of damage of any kind or nature, relating to or in any way connected
with participation in the Program.
15. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement. Owner certifies that the
above statements are true and accurate to the best of Owner's belief. Failure
to meet any of the terms of this Agreement shall result in the forfeiture of
any Grant funds from the Agency for this program.
ll
Redevelopment Agency Facade Improvement Program
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"Agency"
City of Palm Springs
Date: 3 -2 -�c� By: -
Comml�u ity Redeveellep1mee fi Agency
Date: VI B'y �?Y1,�"f �1� f,�:��
Assistant CiVK/Ianager
Date: .--By'
David H. Ready, q., PhD.
APPROVED BY& Executive Director
ATTEST: 1�����'�? C$.`_ APPROVED AS TO FORM:
'� -
gY By:
awes Thorxipson floug s C. Holl nd -
City Clerk Attorney
"OWNER„
Date: /z- C7 By : �/ � /,fir
( 7)vvrtiw
Date:
AF' tJM P
Redevelopment Agency Facade Improvement Program
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THE CITY OF PALM SPRINGS/
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS
ELIGIBLE REDEVELOPMENT AREAS
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EXHIBIT "B"
SCOPE OF WORK
Redevelopment Agency Facade Improvement Program
SOLAr TERRA
DEVELOPMENT INC
12/1/2008
383 N Indian—Exterior Painting Scope
Masking, paint,and cleanup exterior of building using Dunn Edwards exterior latex
paint_ 3 color scheme_
Price-$7,228.00
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Partylab
383 Indian Canyon
Paint Ledged
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Building Owner: Vicky French
503-309-8779
General Contractor: Nate Otto 1 .
The Cover page shows the artist rendering of the new paint job completed, below is the
Original faint as it exists today.
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Ledged:
Paint Colors - 3
Color Names and Vendor
#1 Valspar- Polished Ivory Lightest paint
#2 Dun Edwards--Lunar Landing Mid Tone paint
43 Dun Edwards, Wells Grey Darkest paint
Building Break down:
Light tone (Polished Ivory)to be used on awnings, front entrance, side entrance and
warehouse.
Mid tone (Lunar Landing)to be used on overall building, including top of tower and area
that comes between tower corners.
Darkest tone (Wells Grey)to be used at tower corners, all planters including brick,
supports for side entrance awning,parking lot gate. Back of parking lot cinder block wall
and dumpster area, south parking lot wall and support areas for awning on back of
building(ware-house)-
Darkest tone is also to be used on the interior stone under window in front and ledge.
See added pages for paint chart.
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EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Redevelopment Agency Facade Improvement Program
v!•�u s. Nn' Tr 200IF Office Use only
n ! )s ,7 Date Submitted: NdY 5 200$
Ma Case No. 73 . (204 A9
AS S K6 A-t t7&V Planner:
CITY OF PALM SPRINGS
Department of Planning Services
MINOR ARCHITECTURAL APPLICATION
(MAA)
TO THE APPLICANT:
Your cooperation in completing this application and supplying the information requested will expedite
City review of your application pursuant to local procedures. Applications submitted will not be
considered complete until all submittal requirements are met.
Please submit this completed application and subsequent material to the Department of Planning Services at
3200 East Tahouitz Canyon Way,Palm Springs,CA 92262 — Phone:760-323-8245 — Fax:760,32�2--23y8�0''f
Project Address:
Applicant's Name: T�LuV r/1� � T �iLWY[AIVI�
(Applicant must be the owner of the property in question•or the lessee having leasehold interest of not less than
twenty-five(25)years. Lessees must fill out the written authorization form contained in this application.)
Check One: Owner ❑ Lessee 0 Authorized Agent
Ownees Name(Please print)'
Owner/Agent Signature:fs
y
Mailing Address: d -5 N
(Number and Slreel Name a P.O.Bax)
Pa. Vm5 CA-
CA' I I
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Telephone � y Cell Jt► fUlf Fa): I 'IIEY7 ',�
Email:
Ural"
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PERMIT CENTER
CITY OF PALM SPRINGS
CASE#: NAME.^ �mmAPN1� ADDRESS -- --
3.1206 MAA (Flannery 0 - 303 N. Indian Cyn Dr.
ZONING FEES ACCT#'001-32212 CAL FI5H AND GAME DEPOSIT F'160-37S05
CHANGE OFZONEAPPLICATION SD.Otl NEGATIVE DECLARATION 50.00
PRC APP FEE $0.00 MITIGATED NEG DECLARATION
CONDITIONAL USE PERMIT 90.00 ENVIRONMENTAL IMPACT REPORT
PLANNED DEVELOPMENT $Q•OQ FILING FEE
DISTRICTAPPLICATION FEE
FINAL DEVELOPMENT PLAN FEE 50,OD CC AND R DEPOSIT
VARIANCE APPLICATION FEE $tl.0tl MISCELLANEOUS FEE
INCLUDES SIGN VARIANCE
TIME EXTENSION FEES
MISCELLANEOUS FEES SO.OQ
HISCELLANEOU5FXLWG FEES ACC7'#00X-3A303 AfI CELLANFOR5FEES
ARCHITECTURAL APPROVAL FEE ti34.00
SIGN 01301-32ZO3 50.00
ADMINISTRATIVE MINOR $O.DO
14001FICATION FEES IN LIEU OF#181-34359
PLAN CHE0CS PLANNING FEE $O.tlO RV •1#0 01-3 22 10
PLANNING CC AND R ytl.00 MISCELLANEOUS 90 01-3 410 6
MISCELLANEOUS FEES $O.OQ MICROFILM/MISCELLANEOUS S16.00
#001-34308
SUBDIVISION FEE5ACCr 006rl-3221
OTHER MTSC
TENTATIVE MAPS FEES
FINAL MAPS FEES i I i
LOT ISNErAD]/CERTOF
COMPLIANCE FEE ��
ENVIRON MENTAL ASSESSMENT FEE
MTSCELLANEOUS,FEE SOAD
+TOTALFEE(S)
Theacceptanee of an•application or•oP a tee ft not an eniltim6 ent nr a permTL to constM{ct,change or,alter any.
,portion of the Property described in the application.
RECEIVED FROM RECEIVED 6V .DATt:
=' Customer Cashier - 0 Finance 0 Planning 2170
?ALM \
°� =ti City of Palm Springs
U � I A " ' Community and Economic Development Department
1 ' • 3200 E.Tubquirz Canyon Way • Palm Springs,California 9z262
Tbl, (760)323-8259 • FAX(760)322-8325 • TOD(760)864.9527
Cnmmumry Redevelnpmcnr Agency•Community Developmnnr Block Grant
FO RC'a Downrown Devclopmenc •Eennnmw Development• Houung• Public Arc• Recyclme
December 18, 2008
Party Palm Springs, LLC
2390 North Janis Drive
Palm Springs, CA 92262
Attention: Vicki French Lippman
RE: City of Palm Springs Facade Improvement Program
Application: 2390 North Janis Drive-Vicki French Lippman
Dear Vicki:
The City of Palm Springs has received your application for an ownerltenant improvement
grant under the Facade Improvement Program- Based on the contractor's estimate for
exterior painting of your building in the amount of $7,228-00, you are eligible for a
reimbursement of$4,864.00 from the City following completion of the work.
The next step is for you to obtain all necessary permits and approvals. In this case, you
will need to submit a Minor Architectural Application to the City's Planning Department
for approval and include with it photos and color pallets showing proposed paint colors.
Please show a copy of this letter to the staff at the planning counter when you make the
application and your planning fees for the Minor Architectural Application will be waived.
If you need assistance in filling out the application or otherwise don't hesitate to contact
meat 323-8260 or Cathy Van Horn at 32"175. Once you obtain the approval from the
Planning Department and have a signed contract with your contractor, you will enter into
a reimbursement agreement with the City. As soon as the Agreement is signed, you
may authorize your contractor to do the work, and when work is complete, submit proof
of payment to the City for reimbursement.
If you have any questions or require further assistance, don't hesitate to contact me at
323-8260 or by email at Diana.shayCa.oalmsprincis-ca.gov.
Sincerely J
lJ
Diana Shay, Redevelopment Coordinator
P.S. Don't forget to take some digital before and after photos and email them to us!!
cc: Cathy Van Hom, Economic Development Administrator
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
Redevelopment Agency Facade Improvement Program
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (this "Agreement") is entered into
this 24d- day of October, 2008. by and between Vickie French. whose address is
383 N Indian, Palm Springs, Ca. 92262, ("Owner"). and SOITerra Developnent,
Inc. whose address is P.O. So% 399, Palm Springs, California. 92263
("Contractor"), The name and address of the construction lender, if any. is n/a.
RECITALS
A. Owner desires to contract with Contractor for the
constructionlreuovation of the building (the "Proj(,,ct") which is located at 383 N
Indian, Palm Springs, CA 92262, in accordance with the description set forth in
E%hibit "A" attached hereto wind incorporated herein (the "Plans and
Specifications'), to he held at 441 S Calle Encilia Ste. 3 Palm Springs, CAL 92262
on the terms and conditions contained hereial.
B. Contractor desires to construct the Project on the terms and
conditions contained herein.
NOW THEREFORE,ORE, for good and valuable consideration the receipt and
adequacy of whiclx are herob_y acknowledged, the patties agree as follows:
Section I
Obligations of Contractor
1.1 Contractor agreca to furnish. xransport and pay for all necessary
labor, materials. tools, implements, and appliances required to perform and finish
completely the Project in a workmanlike manner, to the satisfaction and approval
of Owner, and in substantial conformiLy with the Plans and Specifications and in
compliance with applicable state, county. and municipal laws, codes, and
rePulations. [.finless otherwise specifically provided therefbre in the plans and
spcclflcations, Owner will pay- all fees for required permits and licenses, and any
other fees required by government: authorities, including char.-es for financing m•
repaying the cosl:s of sewers. :,torm dt..tins, water service and other utilities,
including hookup charges and the like.
1.2 Utilizing funds paid to Contractor by Owner. Contractor shall
promptly pav all valid bills for material, labor, machinery. equipment, or any
other- service or facility- used in connection with or arising out of the construction
,Accepted by Solterra Development Inc. t lOwnur (Itxitial)
l - Construction Contract
1012912008 8:30 ADI
of the Project and will hold Owner harmless against all meclianics liens for labor,
services and materials filed arainsl the Project or its underlying property,
provided that Contractor shall be excused from this obligation due to Owner's
arrearages in malting progress payments to the Contractor. Should any liens he
filed for record against the Project., nr should Owner receive notice, of any valid
impaid bill or charge in connection with the Project, Contractor shall within a
treasonable time following written demand by Owner to either pay- and discharge
tho same and cause the lien to be released. or sliall furnish Owner wit h the
proper indemnity either by satisfacto*, sut•ety bond or title policy, Said indeniniLy
also be subject to approval of the Construction Lender,
1.3 Contractor shall supervise and direct the Project, using Contractor's
best skill and attention_ Contractor shall be responsible for acts or omissions of
the Contractor's emplovees, subcontractors rind their agents and employees. and
other persons performing portions of Lhe Project for or on behalf of Contractor.
Section 2
Contract Tune
2.1 Contractor agrees Ln commence work on the Project within a
reasonable time following receipt of written notice from the Owner to do so_ This
contract with both parties' signatures constitutes written notice to commence
work on the Pruject. Contractor further agrees to prosecute said work thereafter
diligently and continuously to completion. SubstanLial completion of the Project
shall occur within fifty-seven (57) days after coinmoncenient of work, subject to
permissible delays pursuant to provisions in this Contract, and provided Owners
are accessible for consultationand responsive to Corr t:ractor's requests.
Section 3
Contract Price
3.1 In consideration for the covenants antl agreements made in this
Contract. and the completiou of the Project, Owner agrees to pay Contractor the
sum of$166,128 (without options described in Exhibit 13) as described in Exhibit
"B" attached hereto and incorporated herein (the "EAiniate") to this Contract.
plus additional sums for Extra Work and Change orders requested and approved
by Owner pursuant to Section a of this Contract.
i. Owner agrees by Approval of any Extra S ork or Change Order
that the Contract Price as modified is the Lotol sum clue Contractor ;Ind is
an agreed modification to the Contract Price contained in Section 3.1 and
Accepted by Salterra I3evclopment Inc" i fow•ner�(luitial)
2- Construction Contract
SOr_'91:nU5 8:M ANI
"Exhibit B," Owner may at any time request the total stun due Contractor
after modification pursuant. to this section, and Contractor shall provide
the same within two (2) business days after the request.
ii. OWNER IS ENCOURAGED TO KEEP TRACK OF THE
TOTAL CONTRACT PRICE AS ivIODIPIED. IF CONTRACTOR HAS A
REASONABLE BASIS TO BELIEVE EXTRA WORK AND CHANGE
ORDERS AGREED TO BY OWNER HAVE, CAUSED THE CONTRACT
PRICE TO EXCEED THE FINANCING FOR THE CONTRACT SECURED
BY OWNER, CONTRACTOR MAY I)EvLAND ADEQUATE ASSURANCES
TH-1T O«-NER I-IAS SECURED ADDITIONAL FINANCING BEFORE
PROCEEDING WITH THE REQUESTED EtiTRA WORK OR CHANCE
ORDER.
3.2 If progress payments are to be made through the Construction
Lender, Owner warrants that the construction loan fund is Sufficient to pay the
Contract Price and all extra work/change orders pursuant to Section .,-) of this
Contract than may be requested by Oww•uar, and all other payments required by
this Contracl. The Owner herehy irrevocably- authorizas the Construction Lender
to make all progress pavineuts directly to the Contractor when due.
3.3 As a condition precedent to Owner's obligation to nuke any progress
imyment, Contractor shall deliver to Owner:
1. A conditional mechanics' lien release from each laborer,
malerial supplier. and other subcontractor who provided labor. materials.
or supplies for the component(s) of the wvork cowered by such prop-es,
payment.
ii. An unconditional mechanics' lien release from each sueh
claimant who provided a conditional mechanics' lien release for the
payment due (if any) to Such claimant from the immodiarely- preceding
progress payment.
3.4 Owner reserves the right to make payments to Contractor in the
form of checks piyable jointly- to Contractor and to any of its subcontractors or
suppliers if Owner reasonably suspects that Contractor is not, making payment to
any such Subcontractors or suppliers.
Accepted by Solterra Development IncJu net ll (Initi::tl)
Construction Contract
t r- 20088:30 AN
Section 4
PaytnentS to Contractor
4.1 Owner agrees to pay the agreed upon sum in progi:css payments as
described in Exhibit "C" attached hereto and incorporated herein (the "Payment
Terms") to this Contract.
i. Owner Agrees to pay Contractor within five (5) days o1'receipt
of each progress payment billing. If Contractor iti not paid in full for each
pro;Tess billing within five (5) days, Contractor may, in addition to any
other remedies contained in this Contract or otherwise allowed by law,
CI-1RGE, INTEREST ON UNP_MD SUMS AT THE ld-M OF TWELVE
PERCENT (12%) PER_1NNUAL
4.2 Owner agrees that any disputed portion of a progress payment shall
be specifically identified to Contractor, in writing, within five (5) dai•s of receipt of
each progress payment billing. The dispute by Owner of any portion of a progress
payment shall not constitute a basis to withhold the remainder of the payment
from Contractor, and the undisputed portion shall be clue pursuant. to the terms
outlined in Section -1,1 above.
4.; Tbc final progress payment pursuant to Exhibit "C" shall be lathe
within five (5) days after the 'lotice of Completion has been recorded, if
applicable, or after completion of project, provided that Owner may withhold from
the final payment the amount sufficiuitt to protect Owner against any mechanic's
liens,which have been recorded before the final progress payment is due.
4.4 _1s an additional condition precedent to Contractor's right to receive
final payment. Contractor shall discharge and release the Project front any and
all claims or liens that. may have accrued front the performance of this Contract
and the final building inspection by Owner and the applicable govcrtanzcntal
agency shall have been completed and accepted.
Section 5
Extra Work or Change Orders
5.1 Owner may. at any time [luring the progress of the Project, request
any modifications, alterations or deviations from this Contract and attached
Exhibits and the Plans and Specifications referred to a; Exhibit "A." Contractor
will make such modifications, alterations and deviations, unless thoy- are
prohibited by federal, state or meal ordinance and if Owner agrees to pay for the
Accepted by Solterra Development Ina' /Owner (rtitial)
4- Construction Contract
t al7!)f2008$all)A?I
same pursuant to this Contract. The cost. of the requested modifications,
alterations or deviations shall he added or deducted from the Contract Price
contained in Section 3, above, and the amount of the addirion or deduction Shall
be determined by a fair find reasonable valuation based upon tbo cost of labor and
nimuials plus twenty percent (20%) markup to Contractor.
5.2 The Oine, permitted for Lhe completion of the Project pursuant to
para„raph 2 of this; Contract shall be estendcd by the amount of any delay such
change shall cause-
5 3 All change orders specilj•ing the modifications, alteration, or
deviations shall be agreed upon in writing and shall be signed by Owner and
Contractor prior to performance. The change order shall specify both the agreed
upon incclificalions, alterations or deviations as well as the atnount of delay
caused by the same, which shall be added to the tune for completion contained in
paragraph 2 of this Contract.
5.4 If the modifcations, alterations, or deviations requested by Owner
require the written approval of Construction lender, Owner shall obtain the
same.
5.5 Payments lbr extra work will be made as the extra work progresses,
concurrently with progress payments made pursuant to Section 2 and Exhibit "B"
of this contract.
Section G
Terms S, Obligations under "the Estimate"
6.1 Allowance: items in "the Estimate" labeled "Allowance". under the
column "Type", are placeholders for any picks not chosen by Owner at the tithe of
contract signing. If the Contract Price above includes Alluwvances and the cost of
performing the work covered by the Allowance is either greater or less than the
AOowvance. the Contract Price shall be increased or decreased accordingly. Unless
otherwise specified by Owner in writing, Contractor shall use its own judgment in
accomplishing the work covered by an Allownncc. if Owner requests that the
work covered by an allowance he accomplished in a way (hat the cost will exceed
ihe :lllowance. Contractor shall comply with Owner's request provided that
Owner shall pay the additional costs in advance and costs exceeding Allowance:
will be treated as Extra Rork or Chan„e Orders, subject io tern~ in "Section 5" of
this Contract.
Accepted by Solterra Developinent Inc. (Owner Initial)
5 - Construction Contract
10129l:008 8:31J A N1
6.2 Estimate: Items in "the Estimate" laboled "Estimate", under the
column "Type", are fixed prices and fixed quantities specified %virhin each line
item for the requested work, based on the "Plans and Specifications" provided to
the Contractor. All additional work or wnrk that deviates from "the Estimate
shall be treated as "Extra Work. or Change orders" as specified in Section 5 and
Section 3.1 of this Contract..
6.3 Option: Items "the Estimate" labeled "Option" under die column
"Type". are items that Owner, architect, or designer representing Owner, has
directed us to price as an Option, or Contractor believes that although not
specified in the Plans & Specification, there is a possibility that this item may
either be a good idea or alternative, or potentially may he required as a condition
from governing agencies. THE DOLLAR AIWOLiitTS ASSOCLATED WITH
"OPTIONS" ARE NOT REFLECTED IN THE TOTALS IN "the Estimate."
Section 7
Warranty
7.1 Contractor warrants all equipment, nrnterial, supplies, and work
furnished on the Project against. defective construction or workmanship for a
period of one year following the completion of the project, except when a Ionger
warranty is provided by the supplier or manufacturer of the materials,
equipment, or supplies used for the Project.
7.2 Contractor shall supply Owner with all warranty documents relevant
to the supplies, materials and equipment incorporated into the Project that are
warranted by separate suppliers or manufacturers,
7.3 Should any work on the Project be performed by persons not
authorized by Contractor, that work and any area of the Project affected,
damaged by, or materially related to the unauthorized work will not be cvarranted
by Contractor.
Section 5
Insurance
8.1 Before commencement of any Work under this Agreemcnt,
Contractor shall obtain and maintain in full force and affect. the following:
Accepted by Solt erra Development Inc. r �/Otvner� Initial)
6 - Construction Contract
10c9/2008 8:3[)AM
Comprehensive gencral liability insurance that names Owner as ail
additional insured and that protects Contractor and Owner against any liability
that Contractor may incur:
(n) because of bodily injuries to or the death of one person other than
an employee of Contractor and consequential damages arising from those
injuries to the extent of not less than One _l-lillion Dollars (S ,000,000.00)
and on account of bodily- injuries to or the death of snore than one such
person, subject to the same hmit for each.
(b)Because of damage to or destruction of any property, to the extent
of not less than One Million Dollars ($1,000,000.()0) for each incident :Intl
aggregate.
(c) Worker's compensation insurance in statutory form and amount.
8.2 BLfore commencement ol'any IA ork under this Agreement, Owner
shall obtain and maintain in full force and effect the following:
Fire and earthquake insurance with course, of construction, vandalism,
e%wuded coverino and malicious mischief clauses attached in a sum equal to the
total cost, of said improvements as sct Birth in Section 3 of this Contract. with
loss, if any, payable to the mortnagee or beneficiary under any daed of trust
covering the Project. Such insurance shall be written to protect Owner and shall
name Contractor and its subcontractors as additional insureds If Owner fails to
provide this insurance, Contractor may procure the same and Owner agrees on
demand to reimburse Coritract:or in cash for the cost thereof.
Section 9
Destruction of the Project
9.1 If the Project is destroyed or damaged by an accident. disaster, or Act
of God such as storm, flood, landslide, earthquake or subsidence, or by theft or
vandalism, any work done by Contractor in rebuildinn or restoring the Project
shall be paid for by the Owner as extra work pursuant to Section 4, above. If,
however, the estiniared cost of replacement of the work already completed by
Contractor exceeds rw•enty percent (20%) of the Contract Price, Owner shall have
the option to cancel this Contract and in tiuch event Contractor shall be paid the
reasonable cost, including net profit to Contractor in the amount of fifteen percent
(1.5%) of all %vork performed by Contractor before such cancellation.
Accepted by Solterra Development Inc.' lOwner-�(Initial)
7- Construction Contract
cnn9r_oos 8:30 AN
Section 10
Work Stoppage
10.1 Contractor shall have the right to stop worlc on the Project if
paymont, including paymetat for extra work or change orders, is not made to the
Contractor as provided in this Contract.
Section 11
Underground Conditions
11.1 It is understood and agreed that Contractor, before incurring any
other oNpenses or purchasing any other materials for the Projoct, shall proceed
with the foundation or grading work, if applicable, and that if aL the time of the
excavation, the Contractor finds that•. the work helow the surface of the ground is
:at variance with the conditions indicated by the plans and speci flea Lions or
information supplied by the Owner, or should unknown physical conditions below
the surface of the ground be of an unusual nature, (including the presence of
Nadve American artifacts or other items of Tribal significance). differing
materially from those ordinarily encountered and gerieraliv rccognired as
inherent in work of Lhe character provided for in this Contract be encountered. he
shalt so notify Owner and Owner shall have the right and option to immediately
cancel this Contract or to deposit the estimated coSL of the extras cost occasioned
by tho unusual underground conditions with the Construction lender, or add the
Same to the contract funds and the contract sung shall be increased accordingly.
In the evont Owner elects to cancel, Contractor shall he paid his actual costs of
the work done prior to the time of cancellation.
Section 12
Completion
12.1 Substantial completions is the stage in the progress of the Project
when the wort; is sufficiently complete in accordance with this Contract so that
O«,nor can occupy of uLllizc the building for its irdended purpose, and all
;overnmenttil inspection, and final approvals have bccn conducted and obtained,
including a Certificate of Occupancy or a tcmporary Certificate of Occupancy, and
a Norico of Completion has been recorded- The entire Project is to he subject to
the inspecLion and approval of Owner or Architect at the tine-' when Contractor
advises thar the Project has been completed.
112 Owner agrees to sign and file for record within five (8) days after the
substantial completion and acceptance of the Project, a i\otiee. of Completion (a
Accepted by Solterra Developpient Tne{LT�/O�vnur nitial)
S - Construction Contract
10/29/20088-30 A31
copy thereof to he deposited with the Construction Lender at least forty-eight
hours prior to such recording). If the Owner- fails to record the Notice of
Completion within the iivo (n) day period, Owner hereby appoints Contractor as
Owner's anent to sign and record the Notice of Completion on Owner's behalf.
This agency is irrevocable and is an agency coupled with an interest.
12-3 If Contractor has performed his obligations under this Contract, he
shall have the right to refuse to permit occupancy of the project by Owner or
Owner's agents until the ,Notice of Completion has been recorded and Contractor
has received his final progress payment pursuant to Paragraph 3 and ) zhibit "C."
Section 13
Site Conditions
13.1 During the course of work on the Project, Contractor agrees to keep
the jobsite reasonably free of debris and surplus materials and leave the Project
property in a neat and broom clean condition
Section 11
Boundaries
14.1 The Owner will locate and point out the property lines of the Project,
to Contractor, and will provide boundary stakes by a licensed surveyor if'there is
any doubt as to the boundaries, and shall pay any survey costs. Owner shall
indemnify and hold harmless Contractor from anv elaims or damages occasioned
by Owner's failure to adequately document the boundaries of the, project.
Section 15
Independent Contractor
15-1 Contractor agrees to perform the 'V ork as an Independent
Contractor and not as the a„ent, employee, or servant, of Owner. Contractor has
and hereby retains the right to exercise full control and supervision of the Wark
and full control over the employment, direction, method of performing,
compensation, and discharge of all persona assisting ill the Work. Contractor
agrees to be solely responsible i"or all matter relating to payment of its
employees, including compliance with Social Securil.y, withholding, and all other
regulations governing such matters. Contractor agrees to be responsible for its
own acts and-those of its subordinates, employees. and subcontractors during
this :Agreement.
Accepted by Solterra Development Inc�-AfowncrV�nitial)
9- Construction Contract
IfJn9l2UU5 8:30,ant
Section 16
Other Contractors/Subcontractors
16.1 Contractor is not responsible for the work of any contracwrs or
vuhcontractors at the Project performing independent work for Otvnrr,
16,2 Delay calked bill o1 her contractors or Enbcentractors working
independently for Owner shall be added l.o the time for perf-'ormance contemplaced
by Section 2.
Section 17
assignment
17.1 Neither party shall .Assign this _lgmement or any interest in it or an-,-
money due or to become due under it voluntarily, involuntarily, or b.- operation of
law without the prior written consent of the other party.
Section 1S
Binding_lrbitration
18.1 Disputes arising uncicr this contract shall be decided by binding
arbitration, from which Lhere shall be no appeal. The venue for the arbitration
shall be in Riverside County, California, unless agreed otherwise by both parties.
A single _Arbitrator shall be selected by a.-I-cement of the parties and the cost of
the arbitrator shall be shared equalh between the parties. The arbitration shall
be governed by the arbitration rules of ilie Riverside County Superior Court. If
the parties cannot agree on an ni-bitrator, a petition may be filed in Riverside
County Superior Court requesting the appointment of an arbitrator. who, in the
opinion of the court, is experiences] in construction disputes. Pursuant to Section
914 of the California Civil Code, Contractor has elected to utilize binding
arbitration as described herein in lieu of the Alternative Dispute Resolution
provisions contained in SBSOO. This provision shall not act to abrogate the right
of Contractor to record and judicially foreclose its lien rights pursuanL to
California law.
%%hen procedurally compatible with the enforcemont of Contractor's lien
rights, binding arbitration shall be used.
Accepted by Solterra Development: Inc.�/Owner�i(Initial)
10 - Construction Contract
I O29/2008 8:30 AXt
Section 19
?attorneys' Fees
19.1 The prevailing patty in any dispute under this contracL Shall be,
awarded his reasonable at,tm°ney fees and costs, including expert '.vitnc:ss fees.
Section 20
'Pixie of Essence
20-1 Tulle is of [lie essence of
this Agreement and Contractor shall. substtint.ially complete the work during the
time provided for in Paragraph 2 above. However, the time during which
Contractor is delayed in said work by (a) the acts of Owner or his agents or
employees or (b) the Acts of God which Contractur could not have reasonably
l'oreScien and provided zigainst, or (c) unanticipated storray or inclement wcather
which delays the -xork, or (d) strikes, boycotts, or similar obstructive actions by
employees or labor unions beyond the control of Conrractor which he cannot
reasonably overcome, or (e) material shortage, beyond the control of Contractor
or (0 change orders pursuant to Section 4 Or (g) the failure of Owner to make
Prompt progress paymonts shall be added to the time for completion of work by a
fair and reasonable allowance.
Section 21
Governing Law
21.1 This agreement shall be governed by the laws of the State of
California and the local rules of the Riverside County, California Superior Court.
Section 22
Entire Contract
22A This Contract and its Exhibits constitute the entire agreonient of the
parties. No other ahreements, oral or written, pertaining to the work to he
performed under this contract exists botween the parties. This Contract can only
be modified or supplomented by The written n ;rocment of the parties.
Section 23
Expert Reports
23.1 Soils reports, enmjeerina. compautiwi. studies and report;, and
seismic studies used wiLh respect to the Proje(.l shall be provided by Owner. and
Accepted by Soltorra Development IJ�lOwner�Trlitial)
I [ - Construction Contract
10129TW08 8:30 AM
Contractor shall have no liability for either the correctness or accuracy thereof
and shall be entitled to presume then, correct-
Section 24
Indemnification
24.1 To the fullest extent permitted by law, Contractor shall indemnify
and hold Owner harmless from and against claims, damages, losses, and
expenses, including but not limited to attorney- fees, arising out of or resulting
from the performance of the work under this Contract and the Project provided
that such claim, damage, loss or e-xpense is caused by the negligent acts or
omissions of Contractor, a subcontractor, anyone directly or indirectly employed
by them or anyone for whose acts they may be liable.
Section 25
Notice
25.1 Any notice required or permitted under this Contract may be given
by certified or registered mail at the addresses contained in this contract by
certified or registered mail.
Section 26
Contractor's License Notice
STATE LASS' REQUIRES ANY ONE WHO CONTRACTS TO DO
CONSTRUCTION WORK TO BE LICENSED BY THE CON,N,TRACTORS' STATE
LICENSE BOARD IN TIIE LICENSE CATEGORY IN WHICH TIdE
CONTRACTOR IS GOING TO BE WORI{ING—IF THE TOTAL PRICE OF THE
JOB IS $300 OR MORE (INCLUDING LABOR AND XiATERIALS).
LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED
TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE ti17HO
DOES NOT LAVE A LICENSE, THE CONTRACTORS' STATE LICENSE
BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR
ONLY REMEDY AGAINST AN UNLICEINTSED CONTRACTOR\LAY BE IN
CIVIL COURT AND YOU MAY BE LIABLE FOR DAIS/ AGES ARISING OUT OF
ANY INJURIES TO THE CONTRACTOR. OR HIS OR HER EMPLOYEES.
YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD
TO FINED OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD
FLAS COMPLETE INFORMATION ON THE HISTORY` OF LICENSED
CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS,
Accepted by Solterra Development Inc /Owner-(Initial)
12 - Construction Contract
Mnr_nF-)oas$:3A,A1%1
REVOCATION'S, dUDMMENTS. AND CITATIONS. THE BOARD HAS
OFFICES THROUGHOUT C:ILIFORNI-A. PLEASE CHECK THE
GOVERNMENT PAGES Or, THE WHITE PAGES FOR THE OFFICE NTEAREST
YOU, OR CALL I-SOO-321-CSLB FOR &TORE INFORNL-MON.
Section 27
Notice To Owner
Under the California ti'lechanics' Lien Law, any Contractor, Subcontractor,
laborer, supplier, or other person or entity who help; to improve your property,
but who is not paid for his or her work or supplies, has a right to place a lien on
your home, ]and. or property where the work was performed and to sue you in
court to obtain payment.
This means that after a court hearing, your home, land. and property- could
be sold by a court officer and the proceeds of the sale used to satisfy what you
owe. This can happen even if you have paid your Contractor in lull if the
Contractor's subcontractors, laborers, or suppliers remain unpaid.
To pmzerve their rights to file a claim or lien srgainst your property, certain
claimants such as subcontractors or material suppliers are each required to
provide you with a document called a "Preliminary Notice." Contractors and
laborers who contract with Owners directly do not have to provide such mnicr
since you are aware of their e\istence as an Owner. A preliminary notice is not a
lien against your property- Its purpose is to notify you of person; or entities that
may have a right to file a lien against your property if they are not paid- In order
to perfect tlieir lien rights, a Contractor, subcontractor, supplier, or laborer must
file a mechanics' lien with the county recorder that then becomes a recorded lien
against your properly. Generally-, the maximum time allowed for filing a
mechanics' lien against your property is ninety (90) clays after substantial
completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR
PROPERTY, YOU MAY WISH TO T.M-iE ONE OR _- ORE OF THE FOLLOWJNG
STEPS:
(1) require that. your Contractor supply you with a payment and
performance bond (not a license bond), which providcs that the bonding company-
will either complete the project ❑r pay damage; up to the amount of the bond.
This payment and performance bond as well as a copy of the Construction
Contract should be filed with the county recorder for your further protection. The
Accepted by Solterra Development Inc. /Owner y (Initial)
f_, - Construction Contract
10117l1008 S:30 Ant
payment and performance bond will usually cost fi•om 1 to 5 percent of the
contract atnount depending on the, Contract.or's bonding ability. If a Contractor
cannot obtain Duch bonding, it may indicate his or hrr financial incapacity.
(2) Require that payment; he made directly to subcontractors and
material suppliors through a join( control. Funding services that will establish
voucher or other means of payment to your Contractor- may be available, for a fee.
in your area. These services may ;also provide you with lion waivers and other
forms of protectiorr. :1ny joint control agreement should include the addends-un
approved by the registrar.
(a) Issue joint checks for payment, made out to both your Contractor and
subcontractors or material suppliers involved in the project. The joint checks
should be made p;yyable to the persons or entities that send preliminary notices to
you. Whose persons or entitles have indicated that they may have lien rights on
your property, so you need to protect yourself. This will help to insure that all
persons due Payment are actually paid.
(41) Upon making payment on any completed phase of Lhe project, :uld
before makint;anv further payments, require your Contractor to provide you with
unconditional "Waiver and Release" forms signed by each material supplier,
subcontractor, and laborer involved in that portion of the worse for which payment
was made. The statutory lien releases are set forth in enact lananage in §3262 of
the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if
your Contractor does not have them. The material suppliers, subcontractors, and
laborers that you obtain releases from arc those person., or entities who have filed
preliminary notices with you. If you are not certain of the material supjlliors.
subcontractors, and laborers working; on your project, you may obtain a list, froru
your Contractor. On projects involving improvements to a single-family residence
or a duplex owned by individuals, the persons signing these release: lose the
right to file a Mechanics' lien claim against your property. In other types of
construction, this protection -,;till may be important, but may not: be as complete.
To protect yourself under this option, you must be certain that: all iaterial
suppliers, subcontractors, and laborers have signed the "Waiver and Release"
form. If a mechanics' lien has boon filed against your property, it call be
voluntarily released only by !a recorded "Release of Xlechanics' Lien" signed by the
person or entity that filed the mechanics' lien against your property. unless the
lawsuit to enforce the lien was not, timely filed. You should not make any final
payments until any and all such liens are romoved. You should consult an
attorney if a lien is filed against your property.
Accepted by Solterra Development Inc.' tivner V nitial)
'14 - Construction Contract
1 DP_7/3D0&8:30
Contractors are required by law to be licensed and regulated by the
Contractors' State License Board, whichlm- ,jurisdiction to invcsti;ate complaints
a;;ainst ContractorF if a complaint. is filed within three years of the dare of the
alleged violation. _1ny questions concemmg a Conivactor may° be referred to the
Renistrur. Contractors State License Board, P.O_ Box 26000. Sacramento,
California 95826. SolTerra Devclopmcnt Ins.'s current Contractors State License
Board information is attached to this contract aA "Exhibit D."
SOIA'ERRA DPV1,;LOPMRNT. fNTCI.
a California corporation
Sly. 'll
N4ie iaeI Flannery. President
Vicki French
:accepted hyr Soltarra Development Inc. � /Owncr� (Initial)
15 -Construction Contract
16129l200S S:30 AEI
0 TERRA
DEVELOPMENT, INC
Vicki French Building 383 N. Indian
5olterra Development,
Inc.Lie.8-895569 Estimate* 6632
PO Box 399 Bill To Vldd French
Palm Springs,CA 02263 Address 383 N.Indian Ave
office 760.320.4300 Palm Springs,CA
wwul sollerrahame5 com Office(503)309-8779
Fax
office 760.320.4300 E-Mail vickiFrench(&,aol corn
fax 760.320.4309
Quote Subtotal
Tax Rate
Quote Total
Item QW Rate Descrippon Amount Durantion
Demolition 1 1508 lRemove Stucco from black walls 1,50
2 340 lCustom demo M walls Includr sack 680
r n nset rom oor o prep or clear
2000 2,32 coat,fix really rough areas 4 640
0 0 Remove Ram to Managers Bathroom n a
care n pa ngW raised planter o allow
for proper drainage and to stop stucco
12 58 III n 696
aw cut for I:and data going
0 0 overhead n a
16 40.6 Remove non structural elements in celliM 650
5 52.2 Remove tle at entry steps, rind smooth 2.61
B 52.2 Bust stucco at tower for tie In south side 419
nl 0 Remove floorim In Baths 0
demo for bam door,remove ca net sou
1 140 bath 140
1 1740 Sandblast east/west wood beams 1740
1 290 remove the at roof on Lover 290
Total Demo sdadute In Dayl 5
ew step up pad at managers a room
Concrete 35 6.7 patching 235
1 336 tdri From uncle round work 336
100 i5 aeat Integral handlcap ramp 1,50
100 1 1D Ifill in sDalled areas 1000
40 1 9.3 over) at en [o look like new concrete 372
prove n ra ome pas n
2 250 rkln lot and at handlca ramp Soo
Total co tp schedule In 4
l �'
Carpentry 1 850 Iminor cwmnqy at ceiling joists 850
2 275 Irampf stairs Into warehouse 550
rame In door At south bath Miallway Fu
2 200 west bath 40
Casing of all upper clerestory windows
16 63.8 match rough 1021
1 164 Materials for window Iasi 464
0 0 Materials for frami out insets n/a
1 3800 Steel stud framing,no double;;all 3 800
Tool Carpentry schedule In Dar. 5
phase I electncal,includes panes an
outlets,does not include lighting or AC
Electrical 1 13335 disconnects 13,335
not following plan,remainder o e
tbd upon closers ecllkatlon by owner
Electrical Fixtures I not specified 0
Law Voltage not specified 0
Total Fledrittl5chedule In Pa 14
HVAC 1 0 tbd 0
Total HVAC Schedule to Daw 0 7
Plumbin 4 0 Toilet-using existing 0
4 0 Fail cet-usin eX Sting 0
Ire using existing hot water heater 0
D 0 1 labor-usinq existinq 0
1 750 1 m-route water lines where unsupported 7S0
1 500 ladd pipe&valve for shower in bathroom Soo
a owance or pre a s over pan an wall
1 Silopanels 500
swap sI between middle an rear r g C
1 300 baths for ADA 300
1 650 crest anitor n In rear bath 650
2 400 install new condensate lines 800
Total Plum641g Schedule In Var. 4
In ceiling p a rod area,n0
Inducing warehouse,paper fared,ready for
Insulation 2000 1.16 paint 2320
111311 n Wilng of warehouse,paper faced
2400 1.5 ready for paint 3,600
Total msrrlanun schedule In Dar 2
new side mIddle exrerlor door in w n ow
Doom 2 3596location 7192
2 522 hilred doors into store room 10"
2 522 single door Into stare roan 1044
assume reuse exlstl bath doors
eave frontg ass, u5t a new a um num
1 1100 edging where It Is missingat the to 1,100
Total Doors Schedule In 1
m o r meta to roD,paper,
Roofing 1 2204 flash) 2 204
po y claim achieve r in ro aver
vaulted area only,as apposed to batt
insulation. Includes dastomerlc paint and a
5000 0 5 Year warranty 10,000
4400 1.27 patch and recoat e)dsVne rod 5 Yr warranty 5,588
Total no StlMadyle In L
stucco 1 2633 Re air at tower 2,631
1 319 Re air ataverha 319
1 750 recdat stucco t Ian[ers where pLellnq 1 750
la
Tau[Stu=Srneduh In Da'y 3
Drywall 1 4180 At existing paths and new walls 1,180
Tata1 cir"'all Schgduh In ba? 4
oc walls,new wI s,an woo ceiling
Painting 1 6380 (not Cru,se;) 6,380
whitewash whilewash panting susses wilth watered
1 1800 22int 11800
1 7229 Exterior Painting 3 colors 7,228
,=L PaNli7,Schtduln,n Day-
Floozin2 7000 1.276 1prepping and Clear caabng floor 8,932
Tatar ricanno ELI'IC✓.:ub+_In oa
Misoellaneus 4 203 Fire extinguishers allowance 812
8 200jobs;te claanln2 during c3nstuction
8 60 dumpstar during construction 480
1 986 Roof Access ladder and hatch 986
1 1150 stripe parking lot 1,150
2 250 Ida grab bars in 3 baths 500
1 1300 railin for ADA ram 1,390
1 800 rOClCtirq installLd nvorl 800
something you have to pay, but, there are a
lot of srrrill tasks the subs wori'L cant or
shouldn't do,so keep in mind that there t:'lll
be some mis[labor being billed that will be
In a savings over subcontractor change
orders as the allematn+e. this is a place
holder.we will time and materials for these
items,with badwp showing work done. this
Is a not to exceed number wdhout prior
100 45 approval- 4.500
Total Construction Cost 14S,727
14%Contractor-5u e�ision,overhead,Insurance 20:102
Total Cost Without Options Below 166,128
total days 57
iiJAC 5m07e ampner mstallcd in HO(q
Options 6 750 s%,stems-if required 4,500
1 2800 40 80 custom steel door to szoracie 2,B00
a d C0aL5 g1 wax Intl Polish to t epr or
7000 0.5 maintenance 3,500
•• 72 35 lamer water rood labor 2,520
1 5010 taster water rood materials 500
we add 1461a Conti-actor Fee to all adds and o lions
we cans guran ee p an s—N va,or
operability of existing irrigation after
compl¢tlon
Solterra Development Inc. Construction Contract
"Exhibit C"
Job:
383 N Indian
Palm Sprin.-s Ca, 92262
Payment Terms/Schedule:
+ Progress payments based on percentage ol'completion of line items
Example:
Framin«:
30%ducat Rough Framing
50%duc at Finish Framing
Accepted By Soltcrra Development Inc:
Yr
H1 ,
Name: Michad Flannery Title: Presidcnt
Date 10/24/2005
Acce ted f3 Vickie French:
P Y
Name: i t ch TiOc: Owner
Date
i