16-0811_MARINA LANDSCAPE MAINTENANCE_Preliminary Notice~
J I
CALIFORNIA PRELIMINARY NOTICE
In accordance with section 8102, 8202 and 9303, California Civil Code. THIS IS NOT A LIEN.
This is NOT a reflection on the integrity of any contractor or subcontractor.
CONSTRUCTION LENDER OR
REPUTED CONSTRUCTION~iiE~~
N/a
OWNER OR
REPUTED OWNER(S)/PUBLIC ENTITY
City Of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
DIRECT CONTRACTOR OR
REPUTED DIRECT CONTRACTOR
Marina Landscape Inc
1900 S Lewis St
Anaheim, CA 92805
OTHER
Prri 1 23
Name and address of claimant giving notice:
A-G Sod Farms of Nuevo
PO Box 709, Nuevo, CA 92567
has furnished or will furnish labor, service, equipment or
material of the following general description:
Sale and Delivery of Sod
Description of job site sufficient for identification:
Marco Forrest Park
25601 Camino Del Avion, San Juan Capistrano, CA f
The name of the person or firm who contracted for the
purchase of such labor, service, equipment or material
furnished is:
Marina Landscape Inc.
1900 S Lewis St, Anaheim, CA 92805
An estimate of the total price of the labor, service,
equipment or material provided or to be provided is:
$ 3,000.00
NOTICE TO PROPERlY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if
the person or firm that has given you this notice is not paid In full
for labor, service, equipment, or material provided or to be provided
to your construction project, a lien may be placed on your property.
Foreclosure of the lien may lead to loss of all or part of your
property. You may wish to protect yourself against this by (1)
requiring your contractor to provide a signed release by the person
or firm that has g iven you this n otice before making payment to
your contractor, or (2) any other method that is appropriate under
the circumstances.
This notice is required by law to be served by the
undersigned as a statement of your legal rights. This notice is not
intended to reflect upon the financial condition of the contractor or
the person employed by you on the construction project.
If you record a notice of cessation or completion of your
construction project, you must within 10 days after recording, send
a copy of the notice of completion to your contractor and the
person or firm that has given you this notice. The notice must be
sent by registered or certified mail. Failure to send the notice will
extend the deadline to record a claim of lien. You are not required to
send the notice if you are a residential homeowner of a dwelling
containing four or fewer units.
Date: 8/11/2016
Proof of Notice Declaration
(California Civil Code Section 8118)
I GAYLE SEDER declare: '-----------------------------------------------
IF BY MAIL
That I served co pies oft his Preliminary Notice by registered or certified mail (or express mail), postage prepaid, on the persons
named, at the places and on the date(s) shown below.
IF BY PERSONAL SERVICE
That I served copies of this Preliminary Notice on the persons named, at the places and on the date(s) shown below:
IF PURSUANT TO CCP § 415.20
That I served copies of this Preliminary Notice by leaving the Notice and mailing a copy of the Notice on the persons named, at the
places and on the date(s) shown below:
Lender
Owner or
Public
Body
Direct
Contractor
N/a
City Of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Marina Landscape Inc
1900 S Lewis St
Anaheim, CA 92805
(date)
(place of service)
8 11 16
(date)
NUEVO
(place of service)
8 11 16
(date)
NUEVO
(place of service)
Documentation of service by mail (if served by mail), as required by Civil Code Section 8118, is attached hereto.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
8 11 16 NUEVO
Executed on-----------------------------------' at-----------------------------' California
(date)
;; -"
-.
NOTICE TO OW.NER
PROVIDED IN ACCORDANCE WIDl
SECTION 7018.5 OF TI:IE BUSINESS AND PROFESSIONS CODE
Under Lhe California Mech_anics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person
orentitywho helps to improve your property, butisnotpaid forhisorherworkorsupplies~ has a rightto place
alien on your home, land,orpropertywherethe 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 whpt you owe. This can happen even if you have paid your contractor in
full if the contractor's subcontractors. laborers, or suppliers remain unpaid.
To preserve their tights to file a claim or lien against your property, certain claimants such as subcontractors
or material suppliers are each required to provide you with a document called a "Prelimjnary Notice."
Contractorn and l.aborers who contract wilh ow~ers directly do not have to provide such notice since you are
aware of their existence as an owner. A preliminary notice is not a lien against your property. rts purpose is
to notify you of pernons or entities that may have a right to file a lien against your property if they are not paid.
In order to perfect their lien righLo;, a contractor, subcontractor. supplier, or laborer must me a mechanics' lien
with the county recorder which then becomes a recorded Hen againstyourproperty. Generally. the maximum
time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your
project
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY
WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Require thatyourcontractorsupply you with a payment and performance bond (not a license bond), which
provides that the bonding company wilJ either complete the project or pay damages up to the amount of the
bond. This payment and perfonnance bond as well as a copy of the construction contract should be-filed with
the county recorder for your further protection. The payrrient and performance bond will usually cost from
1 to 5 perce.-1t of the contract amount depending on the contractor's bonding ability. If a contractor cannot
obtain such bonding, it may indicate his or her financial incapacity.
----(2) Requ~re that pay-ments be made directly tosubconLractors and material suppliers through a joint control.
Funding services may be available, for a fee, in your area which will establish voucher or other means of
payment to your contractor. These services may also provide you with lien waivers and other fonns of
protection. Any joint control agreement should include the addendum approved by the registrar.
· (3) Issue joint checks for payment. made out to both your contractor and subcontractors ormaterial s.uppliers
invoived in ihe project. The joint checks· should be made payable to the persons or entities which send
pielimtnary notices to you: Those persons or entities have indicated that Lhey may have lien rights on your
propeiL.f, therefore you need to protect yourneif. Tnis will help to insure !.hat all persons due payment are
actually paid.
(4) Upon making payment on any completed phase of the project, and before making any further payments,
require your contractor to provide you with unconditional "Waiver and Release" forms signed by each
materialsupplier,subcontrac.tor, and Jaborerinvolvcd in Lhat portion oflhc workforwhich payment was made.
The .c;tatutory lien rei cases are set forth in exact language in Section 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 are those persons or entities who have filed
preliminary notices· with you. If you are not certain of the material suppliers. subcontractors, and laborers
working on your project, you may obtain a list from your contractor. On projects invo1ving improvements
to a single-family residence ora duplex: owned by individuals, the persons signing lhese releases lose the right
to file; Me.chanic's lien claim against your property. In olhertypcs of construction, this protection may still
be important, but may not be as complete. -
To protect yourself under this option, you must be e€rtain ihat all malcrial suppliers, subcontractors, and
laborers have signed the "Waiver and RcJcase" form. If a mechanics' lien has been filed againstyourproperty,
itcanonJy·be voluntarily released by a recorded "Release ofMechaincs'Licn "signed by the person oren!ity
-that fi1ed Lhe mechanics' Hen against your property-unless the lawsuit to enforce the Hen was not timely filed.
You should not make any llna1 payments until any and all such liens are removed. You should consult an
attorney if a lien is filed against your property.
BTCA FORM No. 20 Rev. 1/1193