Loading...
1997-0930_PETAR ARTUKOVICH CONSTRUCTION_Preliminary Notice CALIFORNIA PRELIMINARY 20-DAY NOTICE USE PROOF OF SERVICE AFFADAVIT OF CALIFORNIA PRELIMINARY 20-SAY NOTICE ON REVERSE SIDE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AN03098,CALIFORNIA CIVIL CODE YOU ARE HEREBY NOTIFIED THAT ... CONSTRUCTION LENDER Or California Street Maintenance, Inc. Reputed Construction Lender,if any 1918 W. 169th Street Gardena, CA 90247 (name and address of person or firm-sender) has furnished or will furnish labor,services,equipment or NONE materials of the following general description: Street Sweeper with Driver (general description of the labor,services,equipment or materials furnished or to be furnished) FOLD HERE- for the huilding,structure or other work of irnnrovamnnt located at: OWNER or PUBLIC AGENCY J#60 or Reputed Owner (on public work) (on private work) Camino Capistrano & Ave La Paloma San Juan Capistrano, CA (address or description of job site sufficient for identification) CITY OF SAN JUAN CAPISTRANO The name of the person or firm who contracted for the 32400 Paseo Adelanto purchase of such labor,services,equipment or materials: San Juan Capistrano, CA 92675 PETER ARTUKOVICH CONSTRUCTION CO., INC. Attn: Accounts Payable 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 property being so improved may be placed against this consequence Construction loan no. (if known) by(1)requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your FOLD HERE contractor or(2)any other method or device that is appropriate under the circumstances. ORIGINAL CONTRACTOR or The person or firm giving this notice is required,pursuant to Reputed Contractor,if any a collective baraining agreement,to pay supplemental fringge benefits into an express trust fund(described in Civil Code 3111),said fund is identified as follows:(strike if PETER ARTUKOVICH inapplicable) CONSTRUCTION CO., INC. (name) 8243 Seranata Drive Whittier, CA 90603 (address) Attn: Accounts Payable (name) (address) FOLD HERE-------- (name) SUBCONTRACTOR (address) with whom claimant has contracted Mailed this date: 9/30/97 CALIFORNIA STREET MAINTENANCE, INC. � � (signature) (title) 1918 W. 169th Street Kien Sien Accounting Manager Gardena, CA 90247 An estimate of the total price of the labor,services, equipment or materials furnished or to be furnished is: $1,105.00 Invoice #25132 For your assistance the following complete t Section 3097, Section 3097.1 and Section 30, he California Civil Codo are hereafter quoted. Shou you have any doubt as to the usefulness of orm for your purposes you are urged to consuls own attorney. 13097. P.tminery 20-dry nolle•(privet•work!,•Pelimins,y 20.._,... ._o Ipdvele woks•mean.•written nock• notice by the was.tort 1 which'the obliged,Is owing constitutes ground.for ditclpllnsry action by' from a claimant that Is given prior to the recording of•mechanic's lion.ala to the filing of•stop notice,and prior to Mpl.trsr of Contractors against the subcontractor If the emoted due the hurt fund Is not paid. swede,•claim'peke.a payment bond,and Is rem..to be given under Ih•lotowing ckcrenatance.; (0)111 Each person who has served•aalimin.ry 20-dry nock•pursuant to subdivision(I)may file the prole..., 1.) Except are under direct contract with the owner or one performing actual labor for wages.or an wspm.s trust fund day notice with the County recorder In the county in which any portion of the poperty it bested.A p•Wninary 20-r described In Section 3111,every person who furnishes labor.service..qulpnent,or material for which•pen or payment notice fled pursued to this sectkn shad contain all the following: bond otherwise can be cleaned under this 11110,or for which•notice to withhold can otherwise be given under this title. (Al TIN name and address of the person lutnlshinp the labor,oetvk.,equipment,or material.. MO.as anCa nary prere0ulslt•to the validity of soy claim of pen,payment bond.sod of a nuke to withhold,cause (81 The name of the person who contracted for purchase of the labor,service,equipment,or materials. to h•pk.n to the owner or reputed owner,to the original contractor.or reputed nonlocta.to any subcontractor.with ICI The common street odd.,,.of the lobelle. whom the claimant hes contracted,and to the construction lender,If any,or to the reputed construction lender,if any, (2)Upon the acceptance for recording of a Notice of Completion or Notice of Cessation the County Recorder that n a written pel.minary notice as pr.tc.bed by this s.clnn. to those persons who have filed a preliminary 20-day notice,notlfkabn that•Notice or Completion or Notice MI Except the connector,or one atr/o.n.ing.duos lobor for wept,or an espreef trust fund described In Section 31 t I. Cwsatlon has been recorded on the property and shall affix the dot•that the Nonc.or Completion or Notice of C.asau all persons who have a direct contract with the owner and who furnish I.ba,service,equipment.or materiel for whichw s recorded with the county recorder. a pen or payment bond otherwise can be claimed under this title,or for which•notice to withhold can otherwise be given 13)The failure of the county recorder to mail the notlrksllon to the person who Med•prspmloa.y 20-day auko,re t under this title,shall,s.•necessary pre,eq.ri.lte to the validity of soy claim of pen.claim on•payment bond,and of a feilne of those person.to receive the notification or to r.c•Io•complete notification,shall not.11ec1 the period will notice to withhold,cause to be given to the con•tntction lender.It any,or to the reputed construction lender.If any,a which a claim of pen Is tea.to be recorded However,the county word.shat mak••good With•floc to m wdtlen preliminary notice as prescribed by this•ectlon. notifk•Ibn to those person.who have Iped the preliminary 20-d•y notice under this section end to do so within live da lot The pekmine,notice ref eased to In subdivl•iona le)and Ibl shall contain the following Information, after the recording of a notice of complatbn or notice 01 c•t.atbn. 111 A p.n.s!description of the labor,service,equipment,or materials furn isln.d,or to be furnished,and an sslknele (41 This new f.nenon of the county recorder shall not become opastts until July 1,1988.The county recorder m of tM tote like thereof. eau..to be destroyed ell document•filed pursuant to this•ectkn,two years aft.,the date of filing. 121 The name and sddrew of the person furnishing that labs,sank..equipment.or rnatedsts. (bl The preliminary 20-day notice which•person may ll•pursuant to thi..ubdivl.ion Is for the limited pu apo•. (31 The name of the person who contracted for purchase of that labor,service,equipment,Of materials. facilitating the mailing of notice by the tardy recorder of recorded nolke.of completion and notices of ceasation.T 141A d••cdplbn of the)obsit•...rinds/It for Id...MIRcatlon. nonce which I.filed Is nota recordable document and shall not be enteral Into thou.official,seed•of Che county sell (bl The following.atsment in boldface type, by law Import constnuctivs nolk•.Notwllhatending any other provision of law,the index maintained by the recorder NOTICE TO PROPERTY OWNER fitod preliminary 20-day notices shall be sop and distinct from those Indexes malntalmd by the county wort. II hips are not paid In full for the labor,services,equipment.or materials furnished or 10 be furnished,•mechank'a pen (hose ofIklal..cords of the county which by haw impar.conatouctIv.notice.The filing of a preliminary 20-day notice wi leading to Ih•bat,through Cote foreclosure proceedings,of all or pan of your properly being.o Improved may be pieced the county recorder does not gine ria•to soy scluel or conwntctivs nock,with roapact to any party of the..I.ince against the property wen though you have paid your connector In full. You may wish to protect yourself against this contents of a fled preliminary 20-day moth•nor to any duty of Inquiry on the part o1 any party at to the eal.enee cont.quwnc•by III tequddnp your contractor to furnish•eon•d,Clue•by the person or firm giving you this notice before contents of that notice. mski.g payment to your contractor of(21 soy other method or devk•that le spp•0priate under the circumstances. 13097.1 Roof of Service of Notice.Roof that the preliminary 20-day notice required by Section 3097 was served IBI I1 the notice Is given by a subcontractor who Is neared pursuant to•collective bargaining.greoment to pay sccofdonce with subdivision I1)of S ctbn 3097 chap be mad•a•follows' tuppl•n,ontN fringe benefits kite.en exprees trust fund described In Section 3111,the notice shall also contain the Identity sal If served by mail,by IM proof of sarvlc•affidavit described b s ubdivleion Icl of this.eel100 accompanied either end address of IM trues fund or fund.. the return receipt of certified or regletered mop,or by•photocopy of the record of delivery sod receipt maintained by t II on Invoke for materiels contains the Informslbn required by this section,5 copy of the Invoice.transmitted In the poet office,showing the date of delivery and to whom delivered.or,In the want of nondelivery.by the returned env.b manner prescribed by this.action shah be sufficient notice. Itself. A certificated architect,r.pieter•d eogi0eer,Of licensed land survey who has furnished sorvk.a for the design of the lb/It served by personally delivering the notice to the person to be notified,or by leaving It et hie addm or pec• wok of improvement and who gives a preliminary notice a•provided in this section not Inter than 20 days after the work business with some person in charpo,by the proof of service affidavit described in.ubdivisMn Ica. of Improvement has commenced shay be deemed to have complied with eubdlvisbns Is) sod(b) with respect to (cl A'pool of service ellidwit'Is an affidavit of the person melting IM service showing the thin.,plot•and mai architectural,engineering,a Surveying sake.furnithod,or to be lumithad. of sorvic•end fact.showing that such servk•was made in occadance with Section 3097.Such affidavit"hall.how I Id)The preliminary notice referred to In subdivisions la)and MI shall be given not later then 20 days after the claimant name and odd,s..of the person urytoo whom•copy of the p,Nkn.n.ry 20-day notk•was saved.and.If appropriate,t hat fist firnlnhed Iaba,service.equipment.or materials loth.(ob.&.If lobo,service,equipment,or materiel.haus been title or capacity in which he was serve, furnished to•jobsn.oy•cisumanl who tied not give a,ralinuner,c ,.c,Chet cfsi ,.hall nor ho pecFded from ylvino 13098.Preliminary 20-D•y Notk•)Public Work).•P.pminery 20-day notice Mublk work)'m••0t a written nock.tr, a preliminary notice et any Ikea thereolt.r.Th.claimant.hale,however,be entitled to record a lion,file a stop noto,.,and •claimant that toss given prior to the assertion of a cislm again.•payment grow:,or Me r.iag o,.0100 n01.00 on pub arson•claim sgan•t a payment bond only for labor,sorvk•.equipment.or mat..ial furnished within 20 day.prior to the work.and is required to he given under the following clrccmotsnc•s: ...vice of It,.pr•Nminary notice.and at any time thereafter. la)I.any case in which the law of this a..afford.•right to•per•ot furnishing Tabor or materials for a public w.. MTh.notice,sq,lred ender thI.traction may be served ore follows, who has not been paid therefor to wsert•claim Ngainsl•payment bond,or to Ill.•slop 00!),0 with Ills public mg. (1)I1 the person to be notified reeld..kt this stets,by dellvining the notice pertonally,or by Merin It at his or her concerned.and thereby cause the withholding of payment front the contractor for the public work,any such person ha-1 MM...of rssirfonc.or place of bueinees with•nm.person In chug..or by first-class registered or certified mail,postage no direct conneclusl rel.tion•hip with the contractor,other than•person who performed actual 1•bor for wap•s or p.opakl,adMassad to the person to whmm not),•N to be given at his or her residence or place of busk..sdd,nss or et ••pe•e nusl fund d..crilled in Section 3111,may file the pr..mbary notice,but no payment eh..be with..from I the.Morns.lawn by the Mdldbg permit on III.with the authorityle.uing•building permit for the work,or It any address contactor pursuant to shat folk•url.s• the person ha•caused written notk0 to be given to the connector.t ,.corded pursuant to subdivision 10. subcontractors with whom the cleinsot has contracted,and the public agency concerned,not later than 20 day.of (21 If the person to be notified doe.not reside In this slat.,by any method enumerated In paragraph II)of this lb.clalmen1 has first hashed labor,services,.gniprn•nt.or motorists to 1M lobes!.,walkg with subsantlal occurs subdivision.If the person cermet be served by any of theee methods,then notice may be given by first-class certified or •general description of labor,sake,equipment,or materials Iurrl.ed or to be furnished.and the name of the Perry registered m•.,addressed to the construction lender or to the original connector. whom the sem.was furnish.d.TN.nock•shall be served by malting the sante by first-clm map.regl•tsred mart 131 When serek.Is made by 11rd-class certif.or reglslered mail,service I.complete el the time of Me deposit of that certified map,postage prepaid.In an•nvek.p..ddr.etod 1n the contrecla at any Mac•the connector malnleins an off, ..gi•tered or certified mal. of conducts business,or his or her teeldonce.or by personal service.n c•se of any public works con.tnxted by I Ig)A person required by this section to glue 0otke to Iha owner,to an original contractor,to any subcontractor,and Depe.tment of Public Works or the Department of General Services of the.tate,such notice shag be served by wed. Ins person to whom a notice 10 withhold may be gloen.need give only one notke to the owner,to the original contractor, in the semis manner as slave add, d 10 the offk•of the disbursing officer of the department tonstn,cting the von red to any subcontractor.and to the person to whom.notice to withhold miry be given with respect to alt materials, or by personal.ervke upon the officeWhen Iervks Is by registered or certified mad.sofvk•f•complete at the time servke,labor,or equipment he or she furnishes fora work of improvement,that means the entire structure or scheme the deposit of the registered or certified mail. of inprovem.ntt as a whole.unless the seine Is furnished under connects with more than one tut/contractor..which Ibl Where Ma contract price to b•paid to any subcontractor on•particular work of improvement wc..ds four hurts, event,the notice requirements shall be met with respect to materials,services,labor.or equipment lurni.hod to each dollar.(14001,the failure of that contractor,licensed under Chapter 9,(commencing with Suction 10001 of Diwsio, contract.. of the Business and Professions Code.to give the notice provided for in this taction.constitute.pounds for disciple, If a notice contains s general description required by subdlvitlon Is)or(hl of the materiels.services,labor,or equipment action by the Regislrar of Contractor.. furnished t0 the date of notice.it Is not defective beceuse.after that dot.,the person giving notice furnishes materials, (cl The notice requirement.of this action shag not apply to an.oboes.Mitt land described in Section 3111. services,labor,or equipment not within the scope of this general description. 1d1 If labor. sorvke,equitnnent.or material.have been furnished to a)nball•by 1 claimant who 4id not give (h)Whore the contract p,k•to be paid to any.ubcontrecto,on•particular wale of knprovment e•ceed.lour hundred tellmina,y notice pursuant to subdivl.ion Ial,that claimant shall not be precluded Iron giving•pre.nn.ry notice 0,• ,)Mar.114001,IM(allure of that contractor.licensed oder Chapter 9(commencing with Section 7000)of Division 3 of time thereafter.Th•claimant she.,however•he entitled to stied a clskn again.a payment bond and We a stop not the Duskiest and Pofeationa Code.to phi•the notice provided for In title section,constitutes grounds for dlscipinary only for labor,sarvica,equipment.or r,a1011a1 furnished within 20 days prior to Ihe servke o1 the gel...,nock•,a sell,,o by the Rapiatrar of CooI,octam at soy Brno thereelter. When the notice is required to contain the Information sat forth In psrsgreph 18)of subdlvIalon Id,a bllure to give the notice,Including that Information,that result*In Ow filing of•Nan,clskn on a payment bond,or the delivery of•stop PRIVATE WORK PROOF OF SERVICE AFFIDAVIT PUBLIC WORK PROOF OF SERVICE AFFIDAVIT (Section 3097.1(c) California Civil Code) (Section 3098 California Civil Code) IF BY MAIL IF BY PERSONAL SERVICE IF BY MAIL IF BY PERSONAL SERVICE I, , declare:That I served copies of this I, I, r I, California Preliminary 20-Day Notice declare: t hat I served 0-Daycopies of this declare:That I served copies of this declare:That I served copies of th California Preliminary on the reverse se California Preliminary 20-Day Notic by First Class registered/certified on the parties named on the California Preliminary 70-Day Notice mail, postage prepaid, on the side at the places and on the dates by First Class registered/certified on the parties named on the rover!. shown below: side at the places and on the data lender, owner, original contractor Lender mail, postage prepaid, addressed and subcontractor with whom I (place of service) to the public agency, contractor shown below: Public Agency contracted at their respective on • and subcontractor with whom I (place of service) addresses as shown on the reverse (date) contracted at the addresses as on side,on Owner shown on the reverse side, on (place of service) (date) (date) on — • Contractor (date) (date) (place of servile©) I declare under penalty of perjury Contractor on that the foregoing is true and (place of service) (date) correct. on I declare under penalty of perjury Subcontractor with whom Executed on , at (date) that the foregoing is true and contracted Subcontractor with whom I (place of service) (date) correct. contracted / �f-.9 on California. (place of service) Executed on �' �f/ at (city) on (date) (date) (date) G rdena ,Californi (signature of person making 1 declare under penalty of perjury declare under penalty of perju service) that the foregoing is, true and ,MIP/ 1� /� ��, at the foregoing is true a correct. correct. Executed on , at ( roma,,re of person making Executed on . (Attach receipts and return receipts (date) • vice) (date) of registered or certified mail and/orCalifornia, ,Californ photocopies of record of delivery (city) (city) and receipt maintained by the Post (Attach receipts of registered or Office.) (signature of person making certified m,if who,n returned.) (signature of person maki