CONTRACT

The Undersigned Owner(s), JEFF HOLTMYERhereby contracts with Blakley Swimming Pools for the installation described herein at the price, terms, and conditions hereafter set forth.

1108 CRESENT DR DUNCAN OK

Job address

704 7011
Telephone Number

Contract price: $ 29250.00, with 10% payable upon acceptance of this contract, 70% upon completion of the rough pour, and the balance, including any extras upon completion of this contract. If the balance is not paid in full within 10 days of completion, a charge of 1.5% interest per month will be added to the remaining balance.

Size: 16 X 32 Shape: KIDNEY Coping: BRICK Tile: TBD Deck Color & Type: STANDARD CONCRETE Pool Cover: NONE Light: STANDARD Cleaner: LETRO Heater: NONE Construction Extras: STEM WALL ON WEST SIDE OF DECK, EXTRA CONCRETE WALK WAY BETWEEN POOL AND PATIO AND A SWIMOUT IN DEEP END
Agreed conditions: Should the Owner fail to make the payments in accordance with this Contract, the Contractor may discontinue work until such payments have been made, and he may without notice, enter the Owner's premises and repossess any pool equipment and accessories against any unpaid balance due. This Contractor shall remedy minor defects that become apparent either immediately or at a later date agreeable to the Owner. Such defects shall in no way effect the payment schedule. This Contractor shall pay all sales taxes on its materials, for permits required for its work, and shall carry Liability, Property Damage, and Workers Compensation Insurance. This Contractor shall not be held liable for delay or failure to perform hereunder when such delay or failure is due to conditions beyond its control. The Owner shall be responsible for work being within his property lines and clear of unknown easements or setback restrictions, filled ground exceeding three feet, or other unknown conditions unless otherwise stated hereafter: or this Contractor shall do this work at a negotiated price which is determined prior to commencing operations; or the Owner shall pay this Contractor on billing any extra costs incurred by such conditions, plus 25%. The work included contemplates everything necessary for the project {with

only the specific exemptions outlines below}. Also the entire development shall be designed and built in accordance with the best current engineering practice, employing new materials, which shall be the best of their respective kinds and the best quality of workmanship available. The pool structure shall be steel reinforced concrete with internal bond beam and the entire structure shall meet or exceed Building Department Codes. Standard Mechanical Equipment shall consist of one filter with a multiport valve and one pump and motor, each being of correct size. Any changes or additions will be listed under "Other Accessories". Maintenance Equipment shall consist of manual vacuum equipment {a 1.5" vacuum hose, a vacuum head, and a telescopic pole}, 18" curved wall brush, leaf skimmer, and a 1200V-test kit. Rope and floats will be installed across the pool at the owners request. Any conditions shall be listed under "Other Accessories". The Owner with the exception of the initial start-up chemicals, which will be provided by the Contractor, shall furnish chemicals and other expendable supplies not listed above necessary for the operation of the pool. If the owner continues to be a TOTAL BioGaurd chemical customer, a 10% discount will be given on all stock items in store at all times as long as the account is current. Warranty: This Contractor warrants its work to be free from defects in material and workmanship for one year from completion of such work. If any defects should occur within such time, these shall be remedied same without cost to the Owner, provided said Owner has complied in full with terms of payments and other conditions of this agreement, and has, within the warranty period, notified this Contractor in writing of such defect. Purchased assemblies or materials processing used in this installation carry the manufacturer or processor's warranty. Access: This Contractor will exercise due caution in gaining access, but it is understood and agreed that this access is being provided by the Owner and, the Contractor is not responsible for damage to curbs, pavements, sod, fencing, posts, power poles, shrubbery, etc., as a result of his operations. It is expressly understood that this responsibility rests solely with the Owner. Access as provided shall be of sufficient width and height to permit construction equipment to enter. Known Obstructions: This Contractor shall do no planting or seeding and trees or other planting to be saved shall be removed, cared for, and replanted by the Owner unless stated in construction extras. Excavation: Rough excavation: Site grading and dirt disposal by this Contractor. Rock Excavation: It is anticipated that no rock will be encountered, but if it is, rock is defined as any substance that cannot be dug with a backhoe. Unless otherwise noted, such rock will be paid for as an extra to this Contract at the rate of cost plus 25% for

the rock actually removed. Utilities: Any existing service lines which occur within the pool area and which are required to remain in service, shall be rerouted around the pool area by the Owner or by this Contractor as an extra to this contract. This includes but is not limited to, sewer, telephone, electrical, water, gas, and cable lines. Electrical and water required for construction purposes shall be provided for the Contractor by the Owner without charge, but the necessary connections for these services shall be made by this contractor and upon completion of this work shall be removed. The Owner shall pay for electrical, gas and or sanitary hook-ups required for the operation of the pool and equipment associated with the pool, these may be coordinated by this contractor as an extra to this contract. Specifics: A standard pool shall consist of the above-described shell with one underwater lights, one main drain, one skimmer, the correct number of inlets, three interior concrete steps, and perimeter bull nose coping and a 6" band of frost-proof tile of the owners choice. Plumbing lines shall be of schedule 40 PVC. The interior finish will be white marble plaster. A six foot jump board will be provided if pool size permits, and one three-step stainless steel ladder. Any additions or changes shall be listed under "construction extras." This contract, together with any attached plans and specification, constitute the entire agreement. In case of conflict between any attached documents, this contract shall prevail. No verbal or written agreements shall affect this contract and this contract cannot be modified except by mutual consent of owner and contractor.

Contractor: Blakley Swimming Pools PO BOX 6963 Lawton, OK 73507 (580) 351- 8282 By: Date:

Owner or Owner's Agent

By: By: Date: