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1997-0211_PARSANS CONSTRUCTION COMPANY_Preliminary Notice CALIFORN PRELIMINARY 20-D ' NOTICE (PUBLIC AND PRIVATE WORK) V ' IN ACCORDANCE WITH SECTION 3097 AND 3098,CALIFORNIA CIVIL CODE °N)./.1)1 J YOU ARE HEREBY NOTIFIED THAT. . . ""� CONSTRUCTION LENDER or 105 /r)q. o/E S%¢, -Fole�n Lender, If any (name and address of person or firm—sender) Reputed ConstructionLe de , '-/Z612 u y// APp c ls' Cf/ve, has furnished or will furnish labor, services,equipment or materials of the following general description: 571°49I -S/q•.C,C i Id, LODdI, ez.i0j (general description of the labor,services.equrpmenl or materials furnished or to be turnish€d( 'Tif?1,G41/!!,• Lj for the building, structure or other work of improvement located at: `3/64/2 cL 66.7)//-6 ell's" (address or description of lob site sufficient for identification) FOLD HERE 7 7v'IC s?* cifi •• CSO ',i / Gad/ The name of the person or firm who contracted for the purchase of such labor, services, equipment or materials. e e��iPS O/7S' NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished,a mechanic's lien leading to the loss,through court foreclosure proceedings,of all or part of your prop- Owner Or PUBLIC AGENCY erty being so improved may be placed against the property even though Owner (onpublic work) you have paid your contractor in full. You may wish to protect yourself or Reputed against this consequence by (1) requiring your contractor to furnish a (on private work) signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement. to pay supplemental fringe benefits into an 3Z'/O "7,9se �9deL�.vTo express trust fund (described in Civil Code§3111). said fund is iden- tified as follows: (strike if inapplicable) S.4/► .Ji..o r4eft a�-ra.,a, C,4- 926,75 (name) LJ (address) FOLD HERE (name) (address) 1name1 IadMess1 ORIGINAL CONTRACTOR or Reputed Contractor Mailed this date: T_—//-9 7 • (s5 . (title) the total estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: 6.0.94,SU4s Cp75-7-- 6/5-4V Sec 4/4., gve / 7 DO- Ha//yudood 6¢ 9/4vG, L J DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE .,� In Accordance With §3097.1(c) and 3098, California Civil Code .declare. On the // day of ,�6���rte , 19'2.7 at 1 .m., Declarant served the CALIFORNIA PRELIMINARY 20-DAY NOTICE on the interested parties as follows: (Check applicable box.) >',By placing a true copy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mail at eh .(' ,addressed as follows: ❑ By delivering a true copy thereof to the parties listed below: ❑ By leaving a true copy thereof at the address or place of business with some person in charge,of the parties whose names and addresses delivered are listed below: (not to be used on public works) I declare under penalty of perjury that the foregoing is true and correct. Executed on '- ( I , 19C1'. / at LI-Z66.0 iC0(1-C L (7\ , C'./) \Co Declarant WOLCOTTS FORM 1510,Rev.7-81a (price class 4-2P) n11981 WOLCOTTS.INC (PLEASE NOTE REVERSE SIDE) �f q/q7-/ Le /—,/L' /L'- - • For your assistance the following complete to action 3097,Section 3097.1 and Section 3098 of the Call Civil Code are hereafter quoted.Should you have any doubt as to the usefulness of tis Corm for your purposes you are urged to consult your own attorney. r § 3097. Preliminary 20-day notice (private work). "Preliminary 20-day Where such notice is required to contain the information set forth in notice (private work)' means a written notice from a claimant that is given paragraph(6)of subdivision(c),a failure to give such notice,including such prior to the recording of a mechanic's lien and prior to the filing of a stop information, that results in the filing of a lien or the delivery of a stop notice notice, and is required to be given under the following circumstances: by the express trust fund to which such obligation is owing constitutes (a) Written preliminary notice; parties. Except one under direct contract grounds for the disciplinary action by the Registrar of Contractors against the with the owner or one performing actual labor for wages,or an express trust subcontractor if the amount due such trust fund is not paid. fund described in Section 3111, every person who furnishes labor, service, (i) Construction lender; designation or permit application. Every city, equipment, or material for which a lien otherwise can be claimed under this county, city and county, or other governmental authority issuing building title,or for which a notice to withhold can otherwise be given under this title, permits shall, in its application form for a building permit,provide space and must,as a necessary prerequisite to the validity of any claim of lien,and of a a designation for the applicant to enter the name,branch,designation,if any, notice to withhold, cause to be given to the owner or reputed owner, to the and address of the construction lender and shall keep the information on file original contractor, or reputed contractor, and to the construction lender, if open for public inspection during the regular business hours of the authority. any,or to the reputed construction lender,if any,a written preliminary notice If there is no known construction lender, that fact shall be noted in such as prescribed by this section. designated space. Any failure to indicate the name and address of the con- (b) Construction lender. Except the contractor, or one performing actual struction lender on such application, however, shall not relieve any person labor for wages,or an express trust fund described in Section 3111,all per- from the obligation to give to the construction lender the notice required by sons who have a direct contract with the owner and who furnish labor,ser- this section. vice,equipment,or material for which a lien otherwise can be claimed under (j) Designation of mortgage, deed of trust or other instrument securing this title,or for which a notice to withhold can otherwise be given under this loan. A mortgage, deed of trust, or other instrument securing a loan,any of title,must,as a necessary prerequisite to the validity of any claim of lien,and the proceeds of which may be used for the purpose of constructing improve- of a notice to withhold,cause to be given to the construction lender,if any,or ments on real property, shall bear the designation "Construction Trust to the reputed construction lender, if any, a written preliminary notice as Deed" prominently on its face and shall state all of the following: (1)the prescribed by this section. name and address of the lender,and the name and address of the owner of (c)Time; content; architect, engineer or surveyor. The preliminary notice the real property described in the instrument, and (2)a legal description of referred to in subdivisions (a)and (b)shall be given not later than 20 days the real property which secures the loan and,if known,the street address of after the claimant has first furnished labor, service, equipment,or materials the property.The failure to be so designated or to state any of the information to the jobsite, and shall contain the following information: required by this subdivision shall not affect the validity of any such mortgage, (1)A general description of the labor,service,equipment,or materials fur- deed of trust, or other instrument. nished,or to be furnished,and if there is a construction lender,he shall be fur- Failure to provide such information on such an instrument when recorded nished with an estimate of the total price thereof in addition to the foregoing. shall not relieve persons required to give preliminary notice under this section (2)The name and address of such person furnishing such labor, service, from such duty. equipment, or materials. The county recorder of the county in which such instrument is recorded (3)The name of the person who contracted for purchase of such labor,ser- shall indicate in the general index of the official records of the county that vice, equipment, or materials. such instrument secures a construction loan. (4) A description of the jobsite sufficient for identification. (k)Trust fund and lender;supplementary fringe benefits.Every contractor (5)The following statement in boldface type: and subcontractor who is required pursuant to a collective-bargaining agree- ment to pay supplementary fringe benefits into an express trust fund described NOTICE TO PROPERTY OWNER in Section 3111,and who has failed to do so shall cause to be given to such fund and to the construction lender, if any, or to the reputed construction If bills are not paid in full for the labor, services, equipment, or materials lender,if any, not later than the date such payment due to such fund became furnished or to be furnished, a mechanic's lien leading to the loss, through delinquent, a written notice containing: court foreclosure proceedings,of all or part of your property being so improved (1)The name of the owner and the contractor. may be placed against the property even though you have paid your contrac- (2) A description of the jobsite sufficient for identification. for in full. You may wish to protect yourself against this consequence by(1) (3)The identity and address of the express trust fund. requiring your contractor to furnish a signed release by the person or firm (4)The total number of straight time and overtime hours on each such job, giving you this notice before making payment to your contractor or(2)any payment for which the contractor or subcontractor is delinquent to the other method or device which is appropriate under the circumstances. express trust. (6)If such notice is given by a subcontractor who is required pursuant to a (5)The amount then past due and owing. collective-bargaining agreement to pay supplemental fringe benefits into an Failure to give such notice shall constitute grounds for disciplinary action express trust fund described in Section 3111, such notice shall also contain by the Registrar of Contractors. the identity and address of such trust fund or funds. (I)Contract;name and address of owner;information to person seeking to If an invoice for such materials contains the information required by this serve notice. Every written contract entered into between a property owner section,a copy of such invoice,transmitted in the manner prescribed by this and an original contractor shall provide space for the owner to enter his name section shall be sufficient notice. and address of residence;and place of business if any.The original contrac- A certificated architect, registered engineer,or licensed land surveyor who for shall make available the name and address of residence of the owner to has furnished services for the design of the work of improvement and who any person seeking to serve notice required by this section. gives a preliminary notice as provided in this section not later than 20 days §3097.1 Proof of service of preliminary 20-day notice,proof of service affi- erthe work of improvement has commenced shall be deemed to have corn- davit; receipt. Proof that the preliminary 20-day notice required by Section plied with subdivisions(a)and(b)with respect to architectural,engineering, 3097 was served in accordance with subdivision(f)of Section 3097 shall be or surveying services furnished, or to be furnished. made as follows: (d)Election not to give preliminary notice;subsequent rights. If labor,ser- vice, equipment, or materials have been furnished to a jobsite by a person (a) If served by mail,by the proof of service affidavit described in subdivi- who elected not to give a preliminary notice as provided in subdivision(a)or sion(c)of this section accompanied either by the return receipt of certified or (b), such person shall not be precluded from giving a preliminary notice not registered mail,or by a photocopy of the record of delivery and receipt main- later than 20 days after furnishing other labor, service, equipment, or tained by the post office,showing the date of delivery and to whom delivered, materials to the same jobsite. Such person shall, however, be entitled to or, in the event of nondelivery, by the returned envelope itself. claim a lien and a notice to withhold only for such labor,service,equipment, (b)If served by personally delivering the notice to the person to be notified, or material furnished within 20 days prior to the service of such notice,and at or by leaving it at his address or place of business with some person in any time thereafter. charge, by the proof of service affidavit described in subdivision (c). (e)Waiver.Any agreement made or entered into by an owner,whereby the (c)A"proof of service affidavit" is an affidavit of the person making the owner agrees to waive the rights or privileges conferred upon him by this service, showing the time, place and manner of service and facts showing section shall be void and of no effect. that such service was made in accordance with Section 3097.Such affidavit (f) Service. The notice required under this section may be served as shall show the name and address of the person upon whom a copy of the pre- follows: liminary 20-day notice was served,and,if appropriate,the title or capacity in (1)If the person to be notified resides in this state,by delivering the notice which he was served. personally,or by leaving it at his address of residence or place of business §3098. Preliminary 20-day notice(public work),stop notice;service;dis- with some person in charge, or by first-class registered or certified mail, ciplinary action; exemption for express trust fund. "Preliminary 20-day postage prepaid,addressed to the person to whom notice is to be given at his notice (public work), stop notice" means a written notice from a claimant residence or place of business address or at the address shown by the that was given prior to the filing of a stop notice on public work, and is building permit on file with the authority issuing a building permit for the required to be given under the following circumstances: work, or at an address recorded pursuant to subdivision (j)of this section. (a)In any case in which the law of this state affords a right to a person fur- (2)If the person to be notified does not reside in this state,by any method nishing labor or materials for a public work who has not been paid therefor to enumerated in paragraph (1) of this subdivision. If such person cannot be file a stop notice with the public agency concerned, and thereby cause the served by any of such methods,then notice may be given by first-class cer- withholding of payment from the contractor for the public work, any such titled or registered mail, addressed to the construction lender or to the original contractor. person having no direct contractual relationship with the contractor, other than a person who performed actual labor for wages or an express trust fund described in Section 3111, may file such a notice, but no payment shall be (3)When service is made by first-class certified or registered mail,service withheld from any such contractor,pursuant to any such notice,unless such is complete at the time of the deposit of such registered or certified mail. person has caused written notice to be given to such contractor, and the (g) Single notice; additional material, service, labor or equipment. A per- public agency concerned, not later than 20 days after the claimant has first son required by this section to give notice to the owner and to an original con- furnished labor,services,equipment,or materials to the jobsite,stating with tractor,and to a person to whom a notice to withhold may be given,need give substantial accuracy a general description of labor, service, equipment, or only one such notice to owner, and to the original contractor and to the per- materials furnished or to be furnished,and the name of the party to whom the son to whom a notice to withhold may be given with respect to all materials, same was furnished. Such notice shall be served by mailing the same by service, labor, or equipment he furnishes for a work of improvement,which first-class mail, registered mail, or certified mail, postage prepaid, in an means the entire structure or scheme of improvements as a whole,unless the envelope addressed to the contractor at any place he maintains an office or same is furnished under contracts with more than one subcontractor, in conducts his business, or his residence, or by personal service. In case of which event,the notice requirements must be met with respect to materials, any public works constructed by the Department of Public Works or the services, labor, or equipment furnished to each such contractor. Department of General Services of the state, such notice shall be served by If a notice contains a general description required by subdivision(a)or(b) mailing in the same manner as above,addressed to the office of the disburs- of the materials,services,labor,or equipment furnished to the date of notice, ing officer of the department constructing the work, or by personal service it is not defective because, after such date, the person giving notice fur- upon such officer. When service is by registered or certified mail,service is nishes materials, services, labor, or equipment not within the scope of such complete at the time of the deposit of the registered or certified mail. general description. (b)Where the contract price to be paid to any subcontractor on a particular (h) Disciplinary action against contractors and subcontractors. Where the work of improvement exceeds four hundred dollars($400),the failure of that contract price to be paid to any subcontractor on a particular work of contractor, licensed under Chapter 9 (commencing with Section 7000) of improvement exceeds four hundred dollars($400),the failure of that contrac- Division 3 of the Business and Professions Code,to give the notice provided tor, licensed under Chapter 9(commencing with Section 7000)of Division 3 for in this section,constitutes grounds for disciplinary action by the Registrar of the Business and Professions Code, to give the notice provided for in this of Contractors. section, constitutes grounds for disciplinary action by the Registrar of (c) The notice requirements of this section shall not apply to an express Contractors. trust fund described in Section 3111.