2023A-11422-CHC-ROC Notice of Hearing and Packet MAILED
2023A-11422-CHC-ROC · Registrar of Contractors · 2024-04-04
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lauren Kim , Case No. 2023-11422 COMPLAINANT, Docket No. 2023A-11422-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Silver Lake Holdings LLC License No. ROC 321001,
RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).
HEARING INFORMATION The hearing is set for:
May 20, 2024 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will
be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be prepared to present evidence, including witness testimony and documents, in support of your case.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors
to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq.
All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,
Chapter 6, Article 10. A.R.S. § 32-1156.
The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on March 19, 2024.
SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING
Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and
argument to the administrative law judge.
The Registrar’s assigned investigator will appear as a witness at the hearing.
RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).
CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.
HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents
are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below. SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT
At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is
available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20-
%20Prehearing%20Disclosure%20Statement%2020191007v4.pdf
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties,
the party must file a written motion with the Office of Administrative Hearings, directed to the
assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties.
The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed Complaints – Resolved/Settled/Withdrawn.” Dated April 2, 2024.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail April 2, 2024 to: Respondent(s) Silver Lake Holdings LLC 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
Complainant(s) Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-11422 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Complainant: Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Silver Lake Holdings LLC DBA: 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 November 2, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-11422
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for November 28, 2023 at 9:00AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 11/3/23, 3:36 PM State of Arizona Mail - ROC Jobsite Inspection Notice #2023-11422
Todd Anderson <[email redacted]>
ROC Jobsite Inspection Notice #2023-11422 messages
Todd Anderson <[email redacted]> Thu, Nov 2, 2023 at 4:59 PM To: [email redacted], [email redacted]
Please read carefully. My contact info is located at the bottom of the inspection letter.
Todd Anderson Investigator #227
attachments 20231102 ROC Jobsite Inspection Notice 2023-11422.pdf 214K Complaint Form.pdf (2).pdf 35K Other Additional Documents - ROC FORMAL COMPLAINT LIST.pdf 120K
Reed Porter <[email redacted]> Fri, Nov 3, 2023 at 8:21 AM To: Todd Anderson <[email redacted]> Cc: George Dean <[email redacted]>
Todd,
Thank you. We will see you at the inspection.
Thank you, Reed Porter • New Village Homes [email redacted] 602.692.5369 http://www.newvillagehomes.com
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-a:r659807757343314601&simpl=msg-a:r-[number redacted]… 1/1 11/29/23, 10:20 AM State of Arizona Mail - ROC Reschedule of Jobsite Inspection #2023-11422
Todd Anderson <[email redacted]>
ROC Reschedule of Jobsite Inspection #2023-11422 message
Todd Anderson <[email redacted]> Tue, Nov 21, 2023 at 4:49 PM To: Lauren Kim <[email redacted]>, [email redacted]
20231121 ROC Re-schedule of Jobsite Inspection 2023-11422.pdf 98K
https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permthid=thread-a:r-[number redacted]&simpl=msg-a:r14894701743997… 1/1 Complainant: Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Silver Lake Holdings LLC DBA: 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 November 21, 2023
Re: Complaint Number 2023-11422
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for November 28, 2023 at 9:00AM has been rescheduled for December 14, 2023 at 9:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 JSI Photos #2023-11422 P 1 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS JSI Photos #2023-11422 P 2 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Touch-Up JSI Photos #2023-11422 P 3 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Paint on Outlet JSI Photos #2023-11422 P 4 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Crack/Flaking of Sealant JSI Photos #2023-11422 P 5 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Crack/Flaking of Sealant JSI Photos #2023-11422 P 6 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Touch- Up JSI Photos #2023-11422 P 7 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Sprinkler Missing Cover JSI Photos #2023-11422 P 8 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Missing Cover JSI Photos #2023-11422 P 9 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Uneven Drawer JSI Photos #2023-11422 P 10 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Uneven Closet JSI Photos #2023-11422 P 11 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS JSI Photos #2023-11422 P 12 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Area of Excessive Caulking and Crack JSI Photos #2023-11422 P 13 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Excessive Grout and Crack JSI Photos #2023-11422 P 14 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS JSI Photos #2023-11422 P 15 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Sloppy Sealant and Paint JSI Photos #2023-11422 P 16 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Sloppy Sealant and Paint JSI Photos #2023-11422 P 17 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Hole in Caulking JSI Photos #2023-11422 P 18 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Repairs JSI Photos #2023-11422 P 19 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Repairs JSI Photos #2023-11422 P 20 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Repairs JSI Photos #2023-11422 P 21 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Un-matching Textures JSI Photos #2023-11422 P 22 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Repairs JSI Photos #2023-11422 P 23 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Some of the scratches to the Medicine Cabinet JSI Photos #2023-11422 P 24 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Some of the scratches to the Medicine Cabinet JSI Photos #2023-11422 P 25 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS JSI Photos #2023-11422 P 26 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Nails Poking Through Drawer JSI Photos #2023-11422 P 27 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Touch-ups need to be Re-done JSI Photos #2023-11422 P 28 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Fill Hole JSI Photos #2023-11422 P 29 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Cracked Sealant JSI Photos #2023-11422 P 30 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Cracked Sealant JSI Photos #2023-11422 P 31 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Unfinished Repairs JSI Photos #2023-11422 P 32 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Needs Paint JSI Photos #2023-11422 P 33 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Crack JSI Photos #2023-11422 P 34 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Crack JSI Photos #2023-11422 P 35 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Hole In Stucco JSI Photos #2023-11422 P 36 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Hole in Stucco located under JSI Photos #2023-11422 P 37 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Hole in Stucco JSI Photos #2023-11422 P 38 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
One of Two Loose Window Treatments JSI Photos #2023-11422 P 39 Date: 12/14/23 at 9:00 am and 2/2/24 at 9:00am JSI PHOTOS
Not Secured Complainant: Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Silver Lake Holdings LLC DBA: 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 17, 2024
Jobsite Inspection Notice Re: Complaint Number 2023-11422
Dear Complainant and Respondent:
Due to time constraints, not all complaint items were addressed at the Jobsite Inspection which took place on December 14th, 2023. The Complainant wishes to conduct a 2nd inspection which will cover the rest of the items listed on her complaint.
A jobsite inspection is scheduled for February 2, 2024 at 09:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Complainant: Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 Respondent: Silver Lake Holdings LLC DBA: 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 January 29, 2024
Re: Complaint Number 2023-11422
Dear Complainant and Respondent:
Due to a conflict in scheduling of one of the parties, the jobsite inspection scheduled for February 2, 2024 at 9:00 AM has been rescheduled for February 7, 2024 at 9:00 AM.
If either party is unable to attend, the Registrar requires 36-hours advance notice for cancellation or continuance.
Complainant: Safe access is required to any area to be inspected.
Should you have any questions regarding the above, please contact me.
Sincerely,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C010 04/21 2/14/24, 11:50 AM State of Arizona Mail - 4081 E. Augusta Ave Chandler Az Lauren Kim
Todd Anderson <[email redacted]>
4081 E. Augusta Ave Chandler Az Lauren Kim Steve Barton <[email redacted]> Mon, Feb 12, 2024 at 1:23 PM To: "[email redacted]" <[email redacted]>
Todd, This is email is in reference to the two walk throughs we did with Ms. Lauren Kim at 4081 E Augusta Ave Chandler Az.
The following work has been done on her home within the first year as it is our responsibility to visit the home once in the first ear for certain touch ups. I believe this information should help you as you look over the complaints and decide if a directive is warranted.
June 29 2023. Completed drywall punch for any defects or crakcs caused by settling etc.
July 6th 2023. Day worth of touch ups and sanding on baseboards and casings where homeowner didn’t like the finish.
July 17th 2023. Complete cabinet touch up done with over 50 tags by homeowner. 1 year touch up/adjust completed.
August 22nd 2023. Complete grout touch up done. 1 year Grout touch up completed.
August 22nd 2023. A second courtesy cabinet touch up done to appease homeowner.
August 24th2023. A complete paint touch up interior and exterior done at tags homeowner had put up. Walked tags with owners Mother to confirm completed.
August 24th 2023. Courtesy cleaning by cleaning company after workers left the home.
August 25th 2023. Polished countertops in bathrooms as courtesy to Homeowner for alleged surface cosmetic blemishes.
September 5th 2023. A third visit for touch up paint as homeowner put up more tags.
In short, This home has exhausted all of the stucco, drywall, grout, cabinet, and paint touch ups required for the first year. Multiple attempts have been made to satisfy the customer. We asked the customer to reach out to the ROC after we were unable to do enough to satisfy her. Each visit corrections were made only to have more tape applied and subsequent requests. This homeowner is coming up on her year end. All year items have been repeatedly addressed.
I just believe this background will help as you write the directive. We are committed to address any defects or workmanship issues outside of ROC standards, however it is our position that we have on more than one occasion completed all adjustments and touch ups required by us in the first year of occupancy.
If you have any questions I can be reached at 480 239 5840.
Thank you, Steve Barton • Construction/Warranty Manager [email redacted]
https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 1/2 2/14/24, 11:50 AM State of Arizona Mail - 4081 E. Augusta Ave Chandler Az Lauren Kim
http://www.newvillagehomes.com
https://mail.google.com/mail/u/0/?ik=9cbed3e67d&view=pt&search=all&permmsgid=msg-f:[number redacted]&simpl=msg-f:[number redacted]… 2/2 Jobsite Inspection Notes
Case No.: 2023-11422 Investigator: Todd Anderson Inspection Date: December 14th, 2023 at 9:00AM February 7th, 2024 at 9:00AM Inspection Time:
Complainant: Lauren Kim Respondent: Silver Lake Holdings Not Present: LLC Not Present:
Jobsite General Notes:
Present at December 14th, 2023 JSI representing Silver Lake Holdings was Rosie Calderon and Steve Barton
Present at February 7th JSI representing Silver Lake Holdings was Steve Barton
Compliance Item: 1 - Laundry Room: Sloppy paint work in certain areas of the ceiling, walls, and door frame. Investigator’s Observation: I observed a repair done to the top inside of the door frame where caulking was applied but not sanded or painted. Contractor should finish repairs by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 2 - Laundry Room: Grout separating, sloppy paint, from the tiles and both the baseboards and door frame. Investigator’s Observation: These items were addressed during the August
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
22nd and 24th 2023 punch list repairs. All met workmanship standards. Governing Rule: N/A
Compliance Item: 3 – Laundry Room: SST box and light switch cover not flush to the wall. Door knobs not level Investigator’s Observation: Maintenance item. Governing Rule: N/A
Compliance Item: 4 - Powder Room: Damage to the door (dents, cuts, holes), damage to the door hinge, door knob not level. Investigator’s Observation: Meets workmanship standards Governing Rule: N/A
Compliance Item: 5 - Powder Room: Paint on outlets, paint/texture inconsistency throughout powder room Investigator’s Observation: I observed paint on the outlet to the left of the mirror. Contractor should remove paint by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 6 – Powder Room: Sealant job on light switch, Investigator’s Observation: Light switches are not supposed to be sealed. Governing Rule: N/A
Compliance Item: 7 - Powder Room: Sloppy sealant job along the sink, baseboard and cabinet. Investigator’s Observation: Meets workmanship standards. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 8 - Powder Room: Damages to the sink slab Investigator’s Observation: No damage verified. Governing Rule: N/A
Compliance Item: 9 - Powder Room: Scratch in mirror Investigator’s Observation: I observed a small scratch in the mirror; however, I was not provided with any documentation showing that this item was brought to the attention of the builder during the initial walkthrough. Governing Rule: N/A
Compliance Item: 10 - Powder Room: Surface not smooth along sink’s edge. Investigator’s Observation: Homeowner was referring to the top and edges of the countertop slab which she had marked with blue tape. One area in particular, located towards the bottom of the backsplash, had what appeared to be a flaking or chipping away of the sealant or caulking. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 11 – Powder Room: Damages to cabinets Investigator’s Observation: Per the Respondent, cabinets throughout the home were touched up on July 17, 2023 as part of punch list work. All cabinets in the Powder Room appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 12 - Hallway to Powder Room: Inconsistent wall texture, baseboard dents/scratches, touch up paint, touch up grout. Investigator’s Observation: All mentioned items met workmanship standards. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 13 - Pantry: Touch up door frame, gap in door frame, scratches to door hardware Investigator’s Observation: I observed several un-sanded, un-painted caulking repairs to the door frame. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 14 - Pantry: Inconsistent texture on walls, dried paint, dent on wall, Investigator’s Observation: Unable to verify. Areas pointed out met workmanship standards. Governing Rule: N/A
Compliance Item: 15 - Pantry: Grouting issues Investigator’s Observation: Per the Respondent, grout repairs in the laundry room were completed on August 24, 2023. Contractor was responsible for correcting grout issues one time within the first year. Governing Rule: N/A
Compliance Item: 16 - Pantry: Shelves rough texture, touch up uneven areas Investigator’s Observation: Met workmanship standards. Pantry shelves normally have rough finishes. Governing Rule: N/A
Compliance Item: 17 - Garage floor: Garage floor has cracks Investigator’s Observation: Cracks were less than 1/16” in width. This falls within accepted tolerances. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 18 - Garage paint: Investigator’s Observation: Unable to verify Governing Rule: N/A
Compliance Item: 19 – Garage: Cap for ceiling-mounted sprinkler missing. Investigator’s Observation: Faceplate missing for garage ceiling sprinkler. Needs to be replaced. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 20 - Garage: Door paint, door frame needs sanding, and hinge alignment. Investigator’s Observation: Unable to verify all items of concern related to the door, door frame, and door hinge. Governing Rule: N/A
Compliance Item: 21 - Garage: Baseboard and trim cracks. Investigator’s Observation: These items were addressed on the punch list repairs done on June 29, 2023. All met workmanship standards. Governing Rule: N/A
Compliance Item: 22 – Kitchen: Trash cabinet door not levelled Investigator’s Observation: Verified. Trash cabinet drawer not at same height as surrounding drawers. Contractor should adjust drawers once within the first year. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 23 – Kitchen: Kitchen cabinet nail marks, rough edges, cuts, and dents.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Investigator’s Observation: All of these items were addressed at the July 16, 2023 punch list repair day. All work appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 24 – Kitchen: Grout, paint, and wall texture touch-ups. Investigator’s Observation: Grout and paint touch-ups in the kitchen were performed on August 16th and 24th of 2023. Repairs appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 25 – Hallway between the two bedrooms: Wall texture, sloppy paint and grout work. Investigator’s Observation: Grout and paint touch-ups in the kitchen were performed on August 16th and 24th of 2023. All work met workmanship standards. Governing Rule: N/A
Compliance Item: 26 - Bedroom 2: Adjust closet door Investigator’s Observation: Verified. The closet door in bedroom 2 appeared slanted. Needs adjustment. Door units should be installed square and plumb with proper guides, hang evenly in frame and work smoothly. Contractor should adjust door one time within the first year. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 27 – Second Bathroom: Cracked sink slab by the right bottom corner of the mirror. Investigator’s Observation: Verified. Cannot determine if that is a scratch or an actual crack in the backsplash due to caulking which was applied over it. Contractor should identify and correct by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 28 – Bedroom 3: Scuffs and paint marks on baseboards and door. Investigator’s Observation: These items were addressed on July 6th, August 24th, and September 5th of 2023. All work appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 29 – Second Bathroom: Issues with paint, grout, sealant Investigator’s Observation: Touch-up work pertaining to these items were performed on August 22nd, August 24th, and September 5th. However, the lower right-hand side of the bathroom window had chipping paint, the lower left- hand side had excessive grout build-up, and the upper left-hand corner had a hole in the caulking used at the radius. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 30 – Second Bathroom: Sloppy sealant job by the top of the baseboard and shower tub, bottom left side. Investigator’s Observation: All work met workmanship standards Governing Rule: N/A
Compliance Item: 31 – Second Bathroom: Scratches on the mirror Investigator’s Observation: Verified the existence of the scratches; however, cannot determine when those scratches were made and did not receive documentation that this was brought to the attention of the contractor at the initial walkthrough. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 32 – Living and Dining Room: Issues with paint, grout, and sealant. Investigator’s Observation: Touch-up work pertaining to these items were performed on August 22nd, August 24th, and September 5th. All work met workmanship standards. Governing Rule: N/A
Compliance Item: 33 – Hallway by the Master Bedroom: Issues with grout, paint, and texture. Investigator’s Observation: Noted a few areas in the hallway where walls were touched up but not painted afterwards. Contractor should complete repairs by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 34 – Master Bedroom and closet: Issues with scratches, baseboard cracks, outlets not flush with wall, sloppy paint work, and scuffs. Investigator’s Observation: I was unable to verify any work that did not meet workmanship standards. Governing Rule: N/A
Compliance Item: 35 – Master Bath and Toilet Room: Misc scratches to the sink, scratches to the cabinetry, sloppy paint and sealant, and grouting issues. Investigator’s Observation: : With the exception of Complaint Items #36, #37, #38, #39, and #40, I was unable to verify any other issues in workmanship standards in the master bath Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 36 – Master Bath: Sloppy texture and paint work above both sinks Investigator’s Observation: This was brought up at the Jobsite Inspection and the Contractor agreed to repair. The walls above both sinks had an irregular texture where repairs were made. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 37 – Master Bathroom: Medicine Cabinet has numerous scratches. Both parties agreed that this was brought to the attention of the contractor at initial walkthrough. Contractor agreed to repair. Investigator’s Observation: I observed numerous scratches to the inside of the medicine cabinet. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 38 – Master Bathroom: Nail sticking out on the left and right of left sink second drawer. Investigator’s Observation: Verified. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 39 – Master Bathroom: Sloppy paint job along the corner by the door frame, behind the door. Investigator’s Observation: Verified. This area was repaired but never repainted. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 40– Toilet Room: Chip in wall inside the toilet room. Investigator’s Observation: Verified. There is an approximately ¼” hole in the wall behind the door just above the baseboard. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 41 – Patio: Issues with stucco finish, bricks, sticking sliding glass door, and AC wiring. Investigator’s Observation: With the exception of Complaint Items #42, #43, #44, and #45, I was unable to verify any other issues in workmanship standards in the patio. Governing Rule: N/A
Compliance Item: 42 – Patio: Cracks along the seals along the sliding glass door. Investigator’s Observation: Verified. I observed the caulking running along the bottom of the large sliding glass door is cracking. Needs repair. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 43 – Patio: Finish the unfinished touch-up job on the bottom wall by the giant sliding glass door that does not open. Investigator’s Observation: Verified. The unfinished repair work is located at the base of the stationary section of the sliding glass door. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 44 – Patio: Crack in the stucco alongside the left-hand side of the sliding glass door. Investigator’s Observation: Verified. The stucco is cracking along the left- hand side of the sliding glass door. Contractor should repair once within the first year. There was no indication that this repair was previously done. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 45 - Patio: Double check the finish around the outlet. Investigator’s Observation: I observed a hole in the stucco just above the outlet to the left of the sliding glass door. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 46 – Exterior of home: Issues with stucco finish, stucco cracking, dead tree, water hose, and weep screeds. Investigator’s Observation: With the exception to directed items #47 and #48, I was unable to verify any issues in minimum workmanship standards in the remaining complaint items of the exterior of the house. Governing Rule: N/A
Compliance Item: 47 – Exterior of home: Fill the holes, gaps along the breaker box. Investigator’s Observation: Verified. I observed missing stucco beneath the breaker panel just behind the main service line. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Compliance Item: 48 – Exterior of home: Double check bottom screws on the two hardware installed on both sides of the master bath window. Investigator’s Observation: I observed that the wrought Iron window treatments mounted to both sides of the master bath window were loose and not completely secured at the bottom. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23
Complainant: Lauren Kim 4081 E Augusta Ave Chandler, AZ 85249
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Silver Lake Holdings LLC DBA: 890 W. Elliot Rd Suite #101 Gilbert, AZ 85233
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 February 21, 2024
License No. ROC 321001
Re:Complaint No. 2023-11422
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on March 13th, 2024.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 1 - Laundry Room: Sloppy paint work in certain areas of the ceiling, walls, and door frame. Investigator’s Observation: I observed a repair done to the top inside of the door frame where caulking was applied but not sanded or painted. Contractor should finish repairs by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 5 - Powder Room: Paint on outlets, paint/texture inconsistency throughout powder room Investigator’s Observation: I observed paint on the outlet to the left of the mirror. Contractor should remove paint by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 10 - Powder Room: Surface not smooth along sink’s edge. Investigator’s Observation: Homeowner was referring to the top and edges of the countertop slab which she had marked with blue tape. One area in particular, located towards the bottom of the backsplash, had what appeared to be a flaking or chipping away of the sealant or caulking. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 13 - Pantry: Touch up door frame, gap in door frame, scratches to door hardware Investigator’s Observation: I observed several un-sanded, un-painted caulking repairs to the door frame. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 19 – Garage: Cap for ceiling-mounted sprinkler missing. Investigator’s Observation: Faceplate missing for garage ceiling sprinkler. Needs to be replaced.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 22 – Kitchen: Trash cabinet door not levelled Investigator’s Observation: Verified. Trash cabinet drawer not at same height as surrounding drawers. Contractor should adjust drawers once within the first year. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 26 - Bedroom 2: Adjust closet door Investigator’s Observation: Verified. The closet door in bedroom 2 appeared slanted. Needs adjustment. Door units should be installed square and plumb with proper guides, hang evenly in frame and work smoothly. Contractor should adjust door one time within the first year. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 27 – Second Bathroom: Cracked sink slab by the right bottom corner of the mirror. Investigator’s Observation: Verified. Cannot determine if that is a scratch or an actual crack in the backsplash due to caulking which was applied over it. Contractor should identify and correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 29 – Second Bathroom: Issues with paint and grout. Investigator’s Observation: Touch-up work pertaining to these items were performed on August 22nd, August 24th, and September 5th; however, the lower
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 right-hand side of the bathroom window had chipping paint, the lower left-hand side had excessive grout build-up, and the upper left-hand corner had a hole in the caulking at the radius. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 33 – Hallway by the Master Bedroom: Issues with grout, paint, and texture. Investigator’s Observation: Noted a few areas in the hallway where walls were touched up but not painted afterwards. Contractor should identify these areas and complete repairs by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 36 – Master Bath: Sloppy texture and paint work above both sinks. Investigator’s Observation: This was brought up at the Jobsite Inspection by the contractor and he agreed to repair. The walls above both sinks had an irregular texture where repairs were previously made. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 37 – Master Bathroom: Medicine Cabinet has numerous scratches. Both parties agreed that this was brought to the attention of the contractor at the initial walkthrough. Contractor agreed to repair. Investigator’s Observation: I observed numerous scratches to the inside of the medicine cabinet. Contractor should repair by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 38 – Master Bathroom: Nail sticking out on the left and right of left sink second drawer. Investigator’s Observation: Verified. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 39 – Master Bathroom: Sloppy paint job along the corner by the door frame, behind the door. Investigator’s Observation: Verified. This area was repaired but never repainted. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 40 – Toilet Room: Chip in wall inside the toilet room. Investigator’s Observation: Verified. There is an approximately ¼” hole in the wall behind the door just above the baseboard. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 42 – Patio: Cracks along the seals along the sliding glass door. Investigator’s Observation: Verified. I observed the caulking running along the bottom of the large sliding glass door is cracking. Needs repair. Contractor should repair by appropriate means.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 43 – Patio: Finish the unfinished touch-up job on the bottom wall by the giant sliding glass door that does not open. Investigator’s Observation: Verified. The unfinished repair work is located at the base of the stationary section of the sliding glass door. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 44 – Patio: Crack in the stucco alongside the left-hand side of the sliding glass door. Investigator’s Observation: Verified. The stucco is cracking along the left- hand side of the sliding glass door. Contractor should repair once within the first year. There was no indication that this repair was previously done. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 45 - Patio: Double check the finish around the outlet. Investigator’s Observation: I observed a hole in the stucco just above the outlet to the left of the sliding glass door. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 47 – Exterior of home: Fill the holes, gaps along the breaker box.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Verified. I observed missing stucco beneath the breaker panel just behind the main service line. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 48 – Exterior of home: Double check bottom screws on the two hardware installed on both sides of the master bath window. Investigator’s Observation: I observed that the wrought Iron window treatments mounted to both sides of the master bath window were loose and not completely secured at the bottom. Contractor should repair by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor work – A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following items require no action by the Respondent:
Compliance Item: 2 - Laundry Room: Grout separating, sloppy paint, from the tiles and both the baseboards and door frame. Investigator’s Observation: These items were addressed during the August 22nd and 24th 2023 punch list repairs. All met workmanship standards. Governing Rule: N/A
Compliance Item: 3 – Laundry Room: SST box and light switch cover not flush to the wall. Door knobs not level Investigator’s Observation: Maintenance items. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 4 - Powder Room: Damage to the door (dents, cuts, holes), damage to the door hinge, door knob not level. Investigator’s Observation: Meets workmanship standards. Governing Rule: N/A
Compliance Item: 6 – Powder Room: Sealant job on light switch, Investigator’s Observation: Light switches are not supposed to be sealed. Governing Rule: N/A
Compliance Item: 7 - Powder Room: Sloppy sealant job along the sink, baseboard and cabinet. Investigator’s Observation: Meets workmanship standards. Governing Rule: N/A
Compliance Item: 8 - Powder Room: Damages to the sink slab Investigator’s Observation: No damage verified. Governing Rule: N/A
Compliance Item: 9 - Powder Room: Scratch in mirror Investigator’s Observation: I observed a small scratch in the mirror; however, I was not provided with any documentation showing that this item was brought to the attention of the builder during the initial walkthrough. Governing Rule: N/A
Compliance Item: 11 – Powder Room: Damages to cabinets Investigator’s Observation: Per the Respondent, cabinets throughout the home were touched up on July 17, 2023 as part of punch list work. All cabinets in the Powder Room appeared to meet workmanship standards. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 12 - Hallway to Powder Room: Inconsistent wall texture, baseboard dents/scratches, touch up paint, touch up grout. Investigator’s Observation: All mentioned items met workmanship standards. Governing Rule: N/A
Compliance Item: 14 - Pantry: Inconsistent texture on walls, dried paint, dent on wall. Investigator’s Observation: Unable to verify. Areas pointed out met workmanship standards. Governing Rule: N/A
Compliance Item: 15 - Pantry: Grouting issues Investigator’s Observation: Per the Respondent, grout repairs in the laundry room were completed on August 24, 2023. Contractor was responsible for correcting grout issues one time within the first year. Governing Rule: N/A
Compliance Item: 16 - Pantry: Shelves rough texture, touch up uneven areas Investigator’s Observation: Met workmanship standards. Pantry shelves normally have rough finishes. Governing Rule: N/A
Compliance Item: 17 - Garage floor: Garage floor has cracks Investigator’s Observation: Cracks were less than 1/16” in width. This falls within accepted tolerances. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Compliance Item: 18 - Garage paint: Investigator’s Observation: Unable to verify Governing Rule: N/A
Compliance Item: 20 - Garage: Door paint, door frame needs sanding, and hinge alignment. Investigator’s Observation: Unable to verify all items of concern related to the door, door frame, and door hinge. Governing Rule: N/A
Compliance Item: 21 - Garage: Baseboard and trim cracks. Investigator’s Observation: These items were addressed on the punch list repairs done on June 29, 2023. All met workmanship standards. Governing Rule: N/A
Compliance Item: 23 – Kitchen: Kitchen cabinet nail marks, rough edges, cuts, and dents. Investigator’s Observation: All of these items were addressed at the July 16, 2023 punch list repair day. All work appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 24 – Kitchen: Grout, paint, and wall texture touch-ups. Investigator’s Observation: Grout and paint touch-ups in the kitchen were performed on August 16th and 24th of 2023. Repairs appeared to meet workmanship standards. Governing Rule: N/A
Compliance Item: 25 – Hallway between the two bedrooms: Wall texture, sloppy paint and grout work.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Investigator’s Observation: Grout and paint touch-ups in the kitchen were performed on August 16th and 24th of 2023. All work met workmanship standards. Governing Rule: N/A
Compliance Item: 28 – Bedroom 3: Scuffs and paint marks on baseboards and door. Investigator’s Observation: These items were addressed on July 6th, August 24th, and September 5th of 2023. All work met workmanship standards. Governing Rule: N/A
Compliance Item: 30 – Second Bathroom: Sloppy sealant job by the top of the baseboard and shower tub, bottom left side. Investigator’s Observation: All work met workmanship standards Governing Rule: N/A
Compliance Item: 31 – Second Bathroom: Scratches on the mirror Investigator’s Observation: Verified the existence of the scratches; however, cannot determine when those scratches were made and did not receive documentation that this was brought to the attention of the contractor at the initial walkthrough. Governing Rule: N/A
Compliance Item: 32 – Living and Dining Room: Issues with paint, grout, and sealant. Investigator’s Observation: Touch-up work pertaining to these items were performed on August 22nd, August 24th, and September 5th. All work met workmanship standards.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: N/A
Compliance Item: 34 – Master Bedroom and closet: Issues with scratches, baseboard cracks, outlets not flush with wall, sloppy paint work, and scuffs. Investigator’s Observation: I was unable to verify any work that did not meet workmanship standards. Governing Rule: N/A
Compliance Item: 35 – Master Bath and Toilet Room: Misc scratches to the sink, scratches to the cabinetry, sloppy paint and sealant, and grouting issues. Investigator’s Observation: With the exception of Complaint Items #36, #37, #38, #39, and #40, I was unable to verify any other issues in workmanship standards in the master bath. Governing Rule: N/A
Compliance Item: 41 – Patio: Issues with stucco finish, bricks, sticking sliding glass door, and AC wiring. Investigator’s Observation: With the exception of Complaint Items #42, #43, #44, and #45, I was unable to verify any other issues in workmanship standards in the patio. Governing Rule: N/A
Compliance Item: 46 – Exterior of home: Issues with stucco finish, stucco cracking, dead tree, water hose, and weep screeds. Investigator’s Observation: With the exception to directed items #47 and #48, I was unable to verify any issues in minimum workmanship standards in the remaining complaint items of the exterior of the house. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Todd Anderson Todd Anderson, Investigator #227 (602) 771-6769 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Lauren Kim, Case No. 2023-11422 COMPLAINANT v. Silver Lake Holdings LLC, CITATION License No. ROC 321001, RESPONDENT
The Registrar issues this Citation to Silver Lake Holdings LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 3, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On October 1, 2023, Lauren Kim (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-11422. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 3, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE
Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 19, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department of 5
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 19, 2024 to:
Respondent Certified Mail No: [number redacted]
Silver Lake Holdings LLC 890 W. Elliot Rd., Suite #101 Gilbert, AZ 85233 Copy mailed by USPS First Class mail this same date to: Respondent Silver Lake Holdings LLC 890 W. Elliot Rd., Suite #101 Gilbert, AZ 85233 Complainant Lauren Kim 4081 E. Augusta Ave Chandler, AZ 85249 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar
Case No. 2023-11422
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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Lauren Kim Mailing Address (Enter jobsite in Contract/Project section) City State Zip
4081 E Augusta Ave Chandler Arizona 85249 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
NVH-ICIC VENTURE 2, LLC ROC 321001 Street Address City State Zip
Phone Number Email
[number redacted] Name of Person(s) Representing License
Reed Porter Contract/Project Information Contract Date Contract Amount Amount Paid
April 17, 2023 $579,000.00 $579,000.00 Date Work Started Date Work Stopped Date Work Was Completed
April 24, 2023 September 15, 2023 Close of Escrow (New Home) Move-In Date (New-Home)
April 14, 2023 April 17, 2023 Jobsite Street Address City State Zip
4081 E Augusta Ave Chandler AZ 85249 Name of Construction Site Owner Construction Site Name (if applicable)
Phone Number of Construction Site Owner Email of Construction Site Owner
This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
The contract was Written All change orders were Both This project was Residential This project involved New Home
A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Entire house: sloppy paint job along the edges of the wall meets the ceiling and all corners ; Entire house: all doors: tip, bottom, sides were not sanded or chips/dents were not fixed ; Entire house: all door frames has lots of dents, scratches, holes, paint drips ; Entire house: A lot of doors have hanging or sticking out wood piece by the hinges ; Entire house: Touch up all baseboard corners. They were not done neatly and need to smooth out or redone; Entire house Exterior: uneven, not smooth surface on the bottom of the house; Entire house exterior: - Exterior: not smooth finish along the bottom edges - normal? Especially all corners (metal pieces showing though on some area); Remaining concerned items are listed in the attached Microsoft Word document
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Lauren Kim \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 CONCERNED ITEMS FOR 4081 E. AUGUSTA AVE, CHANDLER, AZ 85249 PREPARED FOR ROC HOMEOWNER: LAUREN KIM BUILDER: NEW VILLAGE HOMES (ROC#321001) PURCHASE DATE/CLOSING DATE: 17 APR 2023
Entire house:
• sloppy paint job along the edges where wall meets the ceiling and all corners • All doors top, bottom, sides were not sanded • A lot of doors have hanging or sticking out wood piece by the hinges • Touch up all baseboard corners. They were not done neatly and need to smooth out or redone • Check all door frames: a lot has dents, scratches, holes, extra paint dollop or drips, some touch ups are very noticeable • Exterior: uneven, not smooth surface on the bottom of the house • Exterior: not smooth finish along the bottom edges - normal? Especially all corners (metal pieces showing though on some area)
Laundry room
• Sloppy paint job along the ceiling edges • Sloppy paint job (streak?) by bigger ceiling vent • Grout separating from tile and base board by the dryer • Paint job by the door stopper (uneven) • Paint dollop in the corner wall, above the shelf basket • Sloppy paint job in the corner wall by the laundry hanger • SST box cover not flushed to the wall • Switch cover next to SST box not flushed to the wall • Sloppy paint job on the door frame (inside right) towards the bottom of the door frame • Door knobs are not leveled • Light switch cover right side not flushed to the wall • Sloppy paint job along the corners by between door frame and light switch and the bottom of the base board • Grout separating from tile along the door frame • Paint touch ups on the door frame are noticeable or incomplete
Powder room
• Door frame is in bad shape: lots of dents, cuts, holes, extra paint • Cosmetic damage on the door between the top and second hinge, edge of the door facing the hallway • Cosmetic damage on the right by second hinge, edge of the door facing the powder room • Door knob on the outside slightly not leveled • Sloppy sealant job along the sink • Excess paint on the outlet • Light switch cover top right corner not flushed • Sloppy sealant job on the light switch • Paint/texture inconsistency on the walls especially ceiling, corners by the mirror, above mirror across that wall. Whole room may need to be repainted. • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Surface not smooth along the sink edges • Dents and scratches, broken under (look under left side), uneven finish on sink slab sides, something is stuck in the back • Rust? Right under the sink on the gold piece • Sink slab is not completely sealed along the right edge (look under) • Nail mark showing along cabinet, left edge and bottom across and right bottom, back edge piece as well • Nail damage on the side of the cabinet, top, facing toilet • Gap between cabinet left corner • Terrible touch up along the top left edge of the cabinet • Scratches on the top cabinet piece, top cabinet piece lower right has one as well, and corner edge • Sloppy sealant job along the corner of cabinet and baseboard corner. • Grout separating from tile by the bottom edge of baseboard and cabinet • Sloppy paint job by the toilet wall where the water hose goes • Toilet paper holder slightly uneven
Hallway by power room
• Texture inconsistency on the wall facing the powder room. • Few dents, scratches along the base boards • Touch up paint on corner where peeled • Touch up grout by the door stopper • Inconsistent texture by the thermostat
Pantry
• Check door frame, touch ups required and a lot of touch ups need to be redone as they are sloppy • Scratch? on the wall by left side of light switch • Inside pantry, gap in between door frame and wall - normal? • Texture inconsistency on the wall behind the door • Smooth out shelf corner piece edges and other bar piece edges, still rough • Touch up uneven areas on the shelf sides (extra paint, scratches), blue tapes still on few areas • Remove small dried up pieces of paint on the wall (few on the bottom wall behind the door • Visible dent (or was a hole?) on the bottom wall behind the door • Remove excess paint along the top of the baseboard by the wall behind the door where the dent is • Fix the corner grout (why is it white) on the bottom corner between door frame and baseboard behind the door • Cracks on grout on the bottom corner between door frame and baseboard behind the door • Scratches on the door hardware
Garage
• Garage door handles are not leveled, there are scratches around the hardware • Remove excess paint drops on the door • Smooth out top corners of the door frame where the slanted edges meet • Left top corner of the door frame needs to be filled in (broken piece of wood?) • Top door hinge middle part does not seem aligned • Crack along the door frame and wall, left side by the second door hinge • Pin sticking out from bottom door hinge • Door needs to be leveled • Door handle and lock are not leveled • Scratches on the lock hardware • Crack along the baseboard and door frame, left side of door • Two markings below the light switch • Light switch is not leveled • String sticking out from the garage opener on the wall - could potentially be a fire hazard • Cracks on the paint by the black strip • Crack on the bottom of right door frame • Repaint the touched up area (tiny wall next to right door frame) • Touch up paint on corner where peeled • Cracks along the bottom of baseboard, between baseboards (left if accessing garage from inside the house), corner of the wall (front corners) • Cracks along the garage floor • Cap for water sprinkler fell off • Cracks along the wood where the garage door is hung • Visible nail marks along the garage door wooden areas
Kitchen
• Nail marks on the cabinet • Left cabinet edge by the oven needs to be smooth out • Sloppy paint job/sealant job along the all marble tops around the kitchen • Touch up stripping wood under all cabinets (some touch ups are sloppy) to include the island (look under left side of the island) • Trash cabinet door not leveled • Sloppy cabinet nail mark touch ups • Remove marks on the side of the cabinet by the right side of the refrigerator • Damage in the left bottom of left bottom cabinet door next to refrigerator and the wood behind it • Broken wood piece sticking out in the left bottom corner (look under) • Check the slanted cabinet pieces seals on the top of corner cabinet on the wall • Sloppy grout job (why is the grout seal coming up to the cabinetry?) • Touch up all the dents, cuts along the cabinets (still tapes inside the top very right cabinet next to the refrigerator) • Cabinet gap between left side of cabinet and wall by the kitchen near two bedrooms • Fill the holes on the wall along the edge next to the cabinet mentioned above • Touch up top corner paint across from area mentioned above • Wall texture along the wall next to the cabinet mentioned above, remove dripped paint • Remove odd texture on the wall by the coffee machine (blue tape still there) • Reseal along the wall between cabinet and breakfast nook wall (there’s a small hole near the outlet and one on the floor) • Lose cabinetry piece by the dish washer, left edge bottom piece • Sloppy paint job under island marble slab. All sides • Texture on the breakfast nook wall (look under the island from the right side, you can see unevenness) • Grout separating from tile along some edges of the island • Fix uneven surface on the edges of the breakfast nook wall (especially left bottom side) • Missing paint in the right side of breakfast nook wall by the outer • Sloppy corner work (seal/paint job) by the kitchen wall and hallway leading to two bedrooms, right bottom corner
Hallway between 2 bedrooms
• Inconsistent wall textures • Fill tiny holes on the wall • Sloppy paint job on the caved in area (corners, walls) • No texture on the bottom surface of the caved in area • Grout separating from tile by the bathroom door frames • Sloppy grout work by the bottom of the baseboard and tile (right side as you walk into the hallway by the kitchen) • Door switch not sealed completely
Bedroom 2
• Hard to close door (check) • Door creaks • Adjust closet doors
Bedroom 3
• Fix scuffs, dents along the baseboards (blue tapes sill there) • Door handles not leveled • Fix scuffs, marks, dents, extra paint dollops on the door (some blue tapes still there) • Fix paint marks, scratches on the wall by the inside door frame both sides (some blue tapes still there) • Remove excess paint on the wall under the desk (blue tapes still there • Fix the scratch by the light switch
Second bathroom
• Sloppy corner work by the right side of the mirror • Door handles are not leveled • Tower hanger not leveled, scratch/paint on the hardware • Seal coming off by the right side of the light switch • Fix rough texture on the left side of the wall outlet • Cracked sink slab by the right bottom corner of the mirror • Sloppy paint seal job along the sink slab • Sloppy sealant job by the cabinet and sink slab • Crack, marks, dents, broken areas of the slab (look under) • Visible nail mark, scratches along the bottom of the cabinet • Nail marks still visible after touch up on the cabinet • Recheck seal on the top slanted pieces of the cabinet (it was falling off) • Cracked cabinet by all the way left side, bottom of the cabinet • Seal the gap on the wall next to the above mentioned area • Fix the scuff/scratches under the left top cabinet door, right side (look under) • Completely seal the corner grout by the bottom corner of the left side cabinet • Fix dents, rough spots under the window (right under, toward bottom), also left side of the window • Sloppy seal/paint job along the window edges • Cover hole in the left side of the window (look up) • Cover line right of the toilet water hose area • Fix wall texture on the left of toilet my • Scratch on the towel hardware • Fill the hole on wall, left side of toilet • Reseal the shower head • Sloppy paint job along the walls and corners of the tub • Tub wall has marks along the edges (paint?) • Fill holes, remove excess paint on the wall around the shower • Gap in between wall and the door frame? • Sloppy sealant job by the top of the baseboard and shower tub, bottom left side • May need to reseal the grout along the bottom edges of the tub • Seal the bottom corner of the baseboard right of the door stopper • Fill the hole in the sealed area between door frame and baseboard (behind door, by the gap in between wall and door frame) • Grout separating from tile on the left side of the door frame (looking from inside of the bathroom) • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Scratch on the toilet cover
Livingroom & dining room
• Sloppy paint job along the edges of the sliding glass door • Scratches on sliding glass door frames, doors (some touch ups made things worse) • Black piece hanging from the top of track by the second sliding door • Scratches on middle door switch in the back of the livingroom • Remove excess paint along the edges of the wall by the foyer • Fix the dent and scratch on the bottom wall, by the front door chair (left side if you are in front of the mirror) • Front door is crooked • Door handle slightly unleveled • Grout separating from the tile by the front door weather strip, both corners • Fix the excess paint, smooth out and or texture the edge by the single light switch on the wall by the front door • Fix the paint steak/texture on the right wall by the coat closet • Livingroom exterior: Black step by the sliding glass door, one furthest from the door needs to be re-installed and repainted. Not flushed. When re-installed, the installer scratched the bottom door frame and the black strip edges too • Livingroom exterior: Black step by the sliding glass door, closest to the door is separating from the second piece next to it, creating a gap. Does the gap need to be filled by the right end?
Hallway by the master bedroom
• Coat closet door has damage by the top hinge • Remove excess paint left wall of the bottom hinge of the coat closet door • Remove excess paint left wall inside closet door • Fix chipped paint left wall inside closet door • Fix dents on the wall under shelf, towards left • Clean up excess grout from left bottom corner door frame • Fill in or clean grout on the right bottom corner door frame • Sloppy corner paint job on the caved in area, repaint the touched up areas • No texture on the bottom surface of the caved in area • Paint the touched up areas on the walls • Inconsistent texture
Master bedroom
• scratches on the light switch • Scratches on the door hardware • Fix damages on the door frame (look by hinges) • Door latch hardware on the door frame not flushed • Fix corner wall and corner baseboard by the door (sloppy work) • Fill the hole on the door frame left inside • Touch up grout by the area mentioned above and the other side of the door frame • Small chip on the tile right by the door way carpet • Door creaks • Second outlet on the left as you enter the room not flushed all the way • Small gap on the top left of the outlet next to the light switch by the sliding glass door • Outlet next to right side (closer to the sliding glass door) not flushed all the way • Sloppy touch ups on the baseboard below the outlet mentioned above • Crack on the baseboard by bottom of the sliding glass wood door frame • Sloppy touch ups/finishes along the white glass door frames • Markings/black steaks along the baseboards • Multiple scratches on the sliding door all around • Scuff, dents, chips on baseboards • Carpet squeaks on one spot (by foot of the bed) • Crack on baseboard on the corner of the wall from the night stand • Look from the side by the area mentioned above, paint texture seems redone but may need to be painted again • Walk in closet door hardware not leveled • Walk in closet clean along the edges of the carpet and baseboard by door stopper • Walk in closet: sloppy paint job around the window • Walk in closet: broken piece on the baseboard by the last shelf next to the window • Walk in closet: scratches on the metal bar? • Walk in closet: fill hole/crack on the left corner of the baseboard, back of the room where uniforms are hung • Walk in closet: Chipped paint on the wall right side, towards the bottom corner • Walk in closet: Small crack on the corner above the baseboard near the area mentioned above • Walk in closet: smooth out shelf edges
Master bath
• Scratches on the sink • Scratches on the slabs • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Scratches inside of the medicine cabinets • Bump above the light switches by the left sink (blue tape still there) • Left sink outlet not completely flushed • Visible nail marks along the cabinetry • Right sink, left top cabinet drawer peeled. Center and right corner. Open the drawer to see. Also the left top cabinet drawer on the opposite sink • Nail sticking out on the left and right of left sink second drawer. Look inside • Some dents, scratches on the cabinet (inside of left sink left bottom drawer, right side; inside of right sink left second drawer left side top and side; inside of left sink right bottom drawer left side; inside of left sink right bottom drawer by left hardware; left sink right cabinet second drawer right inside and left top corner; left sink right cabinet first drawer left side) • Left sink, left door under the sink: nail damage on the inside left and right of cabinet; chipped cabinet, bottom of the left door • Left sink, left door under the sink: Corner of the door peeling • Sloppy sealant/paint job along the slabs, cabinetry and mirrors • Sloppy paint job above mirrors, corners, above the right medicine cabinet, repaint the touched up areas • Sloppy paint job along the top edges and sides entering the bathroom • Outside door handle not leveled • Scratches on bathroom door hardware • Toilet light switch completely flushed on the top right corner • Fill the grout in the back corner by the toilet • Grout separating from the tile, right side of the wall • Fix wall texture above the toilet towards the top and both sides around same level • Remove excess seal from the top right side of the door frame inside the toilet area, reseal along the wall as well • Sloppy paint job along the corner by the door frame, behind the door • Toilet room: Remove the excess paint drip from the wall behind the door about 60” above from the ground • Toilet room: Remove the rough spot on the middle of the wall, behind door about 70” above the wall • Remove paint drip below the toilet paper holder • Toilet room door: damage in the outside door on the left side and behind door, left corner by 3rd door hinge • Scratches on toilet light switch • Hole? Right side of the toilet light switch • Scratch on the toilet cover • Fill the hole in the corner of the grout and baseboard corner by the left bottom corner of shower area • Remove excess paint on top of the base board around the area mentioned above • Fill the hole in the grout and baseboard corner by the right bottom corner of shower area • Remove excess paint on top of the base board around the area mentioned above • Look at all corner jobs of baseboards • Shower metal trim has scratches • Shower door hinge hardware (inside bottom) was reinstalled crooked • Weather strip along the shower door was not replaced • Black weather strip on only three sides of the left shower glass, one side was sealed with clear seal only. Shouldn’t this be uniformed? • Sloppy sealant job along the edges (inside and out) of the shower metal frame, especially the left side that was redone recently when tile was replaced • Sloppy paint job along the window • Small closet Door hardware not leveled
Patio
• Cracked brick not fixed in the back of the house one behind the second bedroom, the other by the AC • Paint residue? on the bricks, by the AC area • Double check the finish behind the house where the hose with handle is • Double check the finish around the outlet • Uneven stucco on the second bedroom window (darker piece part) • Stucco residue along the windows edges and sliding glass doors edges • Check the AC wiring • Gap in between house and brick wall behind the AC, right side - is that normal? • Cracks along the seals along the sliding glass door • Slide door keeps sticking, bar may need to be adjusted • Sloppy brick finish, left top 2nd one, looking from inside of the patio • Why is the dirt and rocks stacked so high by the side door? • Something sticking out from a brick on the right side of the side door, towards the bottom bolted area • Sloppy finish along the bottom door frame (clean, fill or reseal) • Finish the unfinished touch up job on the bottom wall by the right giant sliding glass door that does not open • Double check finish along the edges of the outlet next to the giant sliding glass door • Crack along the light fixture - normal? Exterior of home:
• Check roof, cement job • Fill holes above the cox box • Is it normal for pieces to hang from all sides of the outlet cover? • Fill the holes, gaps along the breaker box (look under and sides), smooth out stucco along edges • Front of the house: metal piece visible on bottom corners of the house and the entryway stuccos (right end one by garage, majority by the front entry way, three corners on the master suite) • Double check bottom screws on the two hardwares installed on both sides of the master bath window • Does the water hose area need to be resealed? • Above master bath window, right side: smooth out or fill stucco • Cracks along the stucco bottom edges (where the metal piece is) next to each side of front door • By front entrance: Sloppy paint job along the corners and ceiling • Check the finish on both sides of the garage door area, bottom where the wood connects with stucco • Cracks by the light fixtures • Tree in front of the front door needs to be replaced • Cracked/broken pieces on the side walk in front of the property • flush the water(?) cap with the bricks on my driveway CONCERNED ITEMS FOR 4081 E. AUGUSTA AVE, CHANDLER, AZ 85249 PREPARED FOR ROC HOMEOWNER: LAUREN KIM BUILDER: NEW VILLAGE HOMES (ROC#321001) PURCHASE DATE/CLOSING DATE: 17 APR 2023
Entire house:
• sloppy paint job along the edges where wall meets the ceiling and all corners • All doors top, bottom, sides were not sanded • A lot of doors have hanging or sticking out wood piece by the hinges • Touch up all baseboard corners. They were not done neatly and need to smooth out or redone • Check all door frames: a lot has dents, scratches, holes, extra paint dollop or drips, some touch ups are very noticeable • Exterior: uneven, not smooth surface on the bottom of the house • Exterior: not smooth finish along the bottom edges - normal? Especially all corners (metal pieces showing though on some area)
Laundry room
• Sloppy paint job along the ceiling edges • Sloppy paint job (streak?) by bigger ceiling vent • Grout separating from tile and base board by the dryer • Paint job by the door stopper (uneven) • Paint dollop in the corner wall, above the shelf basket • Sloppy paint job in the corner wall by the laundry hanger • SST box cover not flushed to the wall • Switch cover next to SST box not flushed to the wall • Sloppy paint job on the door frame (inside right) towards the bottom of the door frame • Door knobs are not leveled • Light switch cover right side not flushed to the wall • Sloppy paint job along the corners by between door frame and light switch and the bottom of the base board • Grout separating from tile along the door frame • Paint touch ups on the door frame are noticeable or incomplete
Powder room
• Door frame is in bad shape: lots of dents, cuts, holes, extra paint • Cosmetic damage on the door between the top and second hinge, edge of the door facing the hallway • Cosmetic damage on the right by second hinge, edge of the door facing the powder room • Door knob on the outside slightly not leveled • Sloppy sealant job along the sink • Excess paint on the outlet • Light switch cover top right corner not flushed • Sloppy sealant job on the light switch • Paint/texture inconsistency on the walls especially ceiling, corners by the mirror, above mirror across that wall. Whole room may need to be repainted. • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Surface not smooth along the sink edges • Dents and scratches, broken under (look under left side), uneven finish on sink slab sides, something is stuck in the back • Rust? Right under the sink on the gold piece • Sink slab is not completely sealed along the right edge (look under) • Nail mark showing along cabinet, left edge and bottom across and right bottom, back edge piece as well • Nail damage on the side of the cabinet, top, facing toilet • Gap between cabinet left corner • Terrible touch up along the top left edge of the cabinet • Scratches on the top cabinet piece, top cabinet piece lower right has one as well, and corner edge • Sloppy sealant job along the corner of cabinet and baseboard corner. • Grout separating from tile by the bottom edge of baseboard and cabinet • Sloppy paint job by the toilet wall where the water hose goes • Toilet paper holder slightly uneven
Hallway by power room
• Texture inconsistency on the wall facing the powder room. • Few dents, scratches along the base boards • Touch up paint on corner where peeled • Touch up grout by the door stopper • Inconsistent texture by the thermostat
Pantry
• Check door frame, touch ups required and a lot of touch ups need to be redone as they are sloppy • Scratch? on the wall by left side of light switch • Inside pantry, gap in between door frame and wall - normal? • Texture inconsistency on the wall behind the door • Smooth out shelf corner piece edges and other bar piece edges, still rough • Touch up uneven areas on the shelf sides (extra paint, scratches), blue tapes still on few areas • Remove small dried up pieces of paint on the wall (few on the bottom wall behind the door • Visible dent (or was a hole?) on the bottom wall behind the door • Remove excess paint along the top of the baseboard by the wall behind the door where the dent is • Fix the corner grout (why is it white) on the bottom corner between door frame and baseboard behind the door • Cracks on grout on the bottom corner between door frame and baseboard behind the door • Scratches on the door hardware
Garage
• Garage door handles are not leveled, there are scratches around the hardware • Remove excess paint drops on the door • Smooth out top corners of the door frame where the slanted edges meet • Left top corner of the door frame needs to be filled in (broken piece of wood?) • Top door hinge middle part does not seem aligned • Crack along the door frame and wall, left side by the second door hinge • Pin sticking out from bottom door hinge • Door needs to be leveled • Door handle and lock are not leveled • Scratches on the lock hardware • Crack along the baseboard and door frame, left side of door • Two markings below the light switch • Light switch is not leveled • String sticking out from the garage opener on the wall - could potentially be a fire hazard • Cracks on the paint by the black strip • Crack on the bottom of right door frame • Repaint the touched up area (tiny wall next to right door frame) • Touch up paint on corner where peeled • Cracks along the bottom of baseboard, between baseboards (left if accessing garage from inside the house), corner of the wall (front corners) • Cracks along the garage floor • Cap for water sprinkler fell off • Cracks along the wood where the garage door is hung • Visible nail marks along the garage door wooden areas
Kitchen
• Nail marks on the cabinet • Left cabinet edge by the oven needs to be smooth out • Sloppy paint job/sealant job along the all marble tops around the kitchen • Touch up stripping wood under all cabinets (some touch ups are sloppy) to include the island (look under left side of the island) • Trash cabinet door not leveled • Sloppy cabinet nail mark touch ups • Remove marks on the side of the cabinet by the right side of the refrigerator • Damage in the left bottom of left bottom cabinet door next to refrigerator and the wood behind it • Broken wood piece sticking out in the left bottom corner (look under) • Check the slanted cabinet pieces seals on the top of corner cabinet on the wall • Sloppy grout job (why is the grout seal coming up to the cabinetry?) • Touch up all the dents, cuts along the cabinets (still tapes inside the top very right cabinet next to the refrigerator) • Cabinet gap between left side of cabinet and wall by the kitchen near two bedrooms • Fill the holes on the wall along the edge next to the cabinet mentioned above • Touch up top corner paint across from area mentioned above • Wall texture along the wall next to the cabinet mentioned above, remove dripped paint • Remove odd texture on the wall by the coffee machine (blue tape still there) • Reseal along the wall between cabinet and breakfast nook wall (there’s a small hole near the outlet and one on the floor) • Lose cabinetry piece by the dish washer, left edge bottom piece • Sloppy paint job under island marble slab. All sides • Texture on the breakfast nook wall (look under the island from the right side, you can see unevenness) • Grout separating from tile along some edges of the island • Fix uneven surface on the edges of the breakfast nook wall (especially left bottom side) • Missing paint in the right side of breakfast nook wall by the outer • Sloppy corner work (seal/paint job) by the kitchen wall and hallway leading to two bedrooms, right bottom corner
Hallway between 2 bedrooms
• Inconsistent wall textures • Fill tiny holes on the wall • Sloppy paint job on the caved in area (corners, walls) • No texture on the bottom surface of the caved in area • Grout separating from tile by the bathroom door frames • Sloppy grout work by the bottom of the baseboard and tile (right side as you walk into the hallway by the kitchen) • Door switch not sealed completely
Bedroom 2
• Hard to close door (check) • Door creaks • Adjust closet doors
Bedroom 3
• Fix scuffs, dents along the baseboards (blue tapes sill there) • Door handles not leveled • Fix scuffs, marks, dents, extra paint dollops on the door (some blue tapes still there) • Fix paint marks, scratches on the wall by the inside door frame both sides (some blue tapes still there) • Remove excess paint on the wall under the desk (blue tapes still there • Fix the scratch by the light switch
Second bathroom
• Sloppy corner work by the right side of the mirror • Door handles are not leveled • Tower hanger not leveled, scratch/paint on the hardware • Seal coming off by the right side of the light switch • Fix rough texture on the left side of the wall outlet • Cracked sink slab by the right bottom corner of the mirror • Sloppy paint seal job along the sink slab • Sloppy sealant job by the cabinet and sink slab • Crack, marks, dents, broken areas of the slab (look under) • Visible nail mark, scratches along the bottom of the cabinet • Nail marks still visible after touch up on the cabinet • Recheck seal on the top slanted pieces of the cabinet (it was falling off) • Cracked cabinet by all the way left side, bottom of the cabinet • Seal the gap on the wall next to the above mentioned area • Fix the scuff/scratches under the left top cabinet door, right side (look under) • Completely seal the corner grout by the bottom corner of the left side cabinet • Fix dents, rough spots under the window (right under, toward bottom), also left side of the window • Sloppy seal/paint job along the window edges • Cover hole in the left side of the window (look up) • Cover line right of the toilet water hose area • Fix wall texture on the left of toilet my • Scratch on the towel hardware • Fill the hole on wall, left side of toilet • Reseal the shower head • Sloppy paint job along the walls and corners of the tub • Tub wall has marks along the edges (paint?) • Fill holes, remove excess paint on the wall around the shower • Gap in between wall and the door frame? • Sloppy sealant job by the top of the baseboard and shower tub, bottom left side • May need to reseal the grout along the bottom edges of the tub • Seal the bottom corner of the baseboard right of the door stopper • Fill the hole in the sealed area between door frame and baseboard (behind door, by the gap in between wall and door frame) • Grout separating from tile on the left side of the door frame (looking from inside of the bathroom) • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Scratch on the toilet cover
Livingroom & dining room
• Sloppy paint job along the edges of the sliding glass door • Scratches on sliding glass door frames, doors (some touch ups made things worse) • Black piece hanging from the top of track by the second sliding door • Scratches on middle door switch in the back of the livingroom • Remove excess paint along the edges of the wall by the foyer • Fix the dent and scratch on the bottom wall, by the front door chair (left side if you are in front of the mirror) • Front door is crooked • Door handle slightly unleveled • Grout separating from the tile by the front door weather strip, both corners • Fix the excess paint, smooth out and or texture the edge by the single light switch on the wall by the front door • Fix the paint steak/texture on the right wall by the coat closet • Livingroom exterior: Black step by the sliding glass door, one furthest from the door needs to be re-installed and repainted. Not flushed. When re-installed, the installer scratched the bottom door frame and the black strip edges too • Livingroom exterior: Black step by the sliding glass door, closest to the door is separating from the second piece next to it, creating a gap. Does the gap need to be filled by the right end?
Hallway by the master bedroom
• Coat closet door has damage by the top hinge • Remove excess paint left wall of the bottom hinge of the coat closet door • Remove excess paint left wall inside closet door • Fix chipped paint left wall inside closet door • Fix dents on the wall under shelf, towards left • Clean up excess grout from left bottom corner door frame • Fill in or clean grout on the right bottom corner door frame • Sloppy corner paint job on the caved in area, repaint the touched up areas • No texture on the bottom surface of the caved in area • Paint the touched up areas on the walls • Inconsistent texture
Master bedroom
• scratches on the light switch • Scratches on the door hardware • Fix damages on the door frame (look by hinges) • Door latch hardware on the door frame not flushed • Fix corner wall and corner baseboard by the door (sloppy work) • Fill the hole on the door frame left inside • Touch up grout by the area mentioned above and the other side of the door frame • Small chip on the tile right by the door way carpet • Door creaks • Second outlet on the left as you enter the room not flushed all the way • Small gap on the top left of the outlet next to the light switch by the sliding glass door • Outlet next to right side (closer to the sliding glass door) not flushed all the way • Sloppy touch ups on the baseboard below the outlet mentioned above • Crack on the baseboard by bottom of the sliding glass wood door frame • Sloppy touch ups/finishes along the white glass door frames • Markings/black steaks along the baseboards • Multiple scratches on the sliding door all around • Scuff, dents, chips on baseboards • Carpet squeaks on one spot (by foot of the bed) • Crack on baseboard on the corner of the wall from the night stand • Look from the side by the area mentioned above, paint texture seems redone but may need to be painted again • Walk in closet door hardware not leveled • Walk in closet clean along the edges of the carpet and baseboard by door stopper • Walk in closet: sloppy paint job around the window • Walk in closet: broken piece on the baseboard by the last shelf next to the window • Walk in closet: scratches on the metal bar? • Walk in closet: fill hole/crack on the left corner of the baseboard, back of the room where uniforms are hung • Walk in closet: Chipped paint on the wall right side, towards the bottom corner • Walk in closet: Small crack on the corner above the baseboard near the area mentioned above • Walk in closet: smooth out shelf edges
Master bath
• Scratches on the sink • Scratches on the slabs • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Scratches inside of the medicine cabinets • Bump above the light switches by the left sink (blue tape still there) • Left sink outlet not completely flushed • Visible nail marks along the cabinetry • Right sink, left top cabinet drawer peeled. Center and right corner. Open the drawer to see. Also the left top cabinet drawer on the opposite sink • Nail sticking out on the left and right of left sink second drawer. Look inside • Some dents, scratches on the cabinet (inside of left sink left bottom drawer, right side; inside of right sink left second drawer left side top and side; inside of left sink right bottom drawer left side; inside of left sink right bottom drawer by left hardware; left sink right cabinet second drawer right inside and left top corner; left sink right cabinet first drawer left side) • Left sink, left door under the sink: nail damage on the inside left and right of cabinet; chipped cabinet, bottom of the left door • Left sink, left door under the sink: Corner of the door peeling • Sloppy sealant/paint job along the slabs, cabinetry and mirrors • Sloppy paint job above mirrors, corners, above the right medicine cabinet, repaint the touched up areas • Sloppy paint job along the top edges and sides entering the bathroom • Outside door handle not leveled • Scratches on bathroom door hardware • Toilet light switch completely flushed on the top right corner • Fill the grout in the back corner by the toilet • Grout separating from the tile, right side of the wall • Fix wall texture above the toilet towards the top and both sides around same level • Remove excess seal from the top right side of the door frame inside the toilet area, reseal along the wall as well • Sloppy paint job along the corner by the door frame, behind the door • Toilet room: Remove the excess paint drip from the wall behind the door about 60” above from the ground • Toilet room: Remove the rough spot on the middle of the wall, behind door about 70” above the wall • Remove paint drip below the toilet paper holder • Toilet room door: damage in the outside door on the left side and behind door, left corner by 3rd door hinge • Scratches on toilet light switch • Hole? Right side of the toilet light switch • Scratch on the toilet cover • Fill the hole in the corner of the grout and baseboard corner by the left bottom corner of shower area • Remove excess paint on top of the base board around the area mentioned above • Fill the hole in the grout and baseboard corner by the right bottom corner of shower area • Remove excess paint on top of the base board around the area mentioned above • Look at all corner jobs of baseboards • Shower metal trim has scratches • Shower door hinge hardware (inside bottom) was reinstalled crooked • Weather strip along the shower door was not replaced • Black weather strip on only three sides of the left shower glass, one side was sealed with clear seal only. Shouldn’t this be uniformed? • Sloppy sealant job along the edges (inside and out) of the shower metal frame, especially the left side that was redone recently when tile was replaced • Sloppy paint job along the window • Small closet Door hardware not leveled
Patio
• Cracked brick not fixed in the back of the house one behind the second bedroom, the other by the AC • Paint residue? on the bricks, by the AC area • Double check the finish behind the house where the hose with handle is • Double check the finish around the outlet • Uneven stucco on the second bedroom window (darker piece part) • Stucco residue along the windows edges and sliding glass doors edges • Check the AC wiring • Gap in between house and brick wall behind the AC, right side - is that normal? • Cracks along the seals along the sliding glass door • Slide door keeps sticking, bar may need to be adjusted • Sloppy brick finish, left top 2nd one, looking from inside of the patio • Why is the dirt and rocks stacked so high by the side door? • Something sticking out from a brick on the right side of the side door, towards the bottom bolted area • Sloppy finish along the bottom door frame (clean, fill or reseal) • Finish the unfinished touch up job on the bottom wall by the right giant sliding glass door that does not open • Double check finish along the edges of the outlet next to the giant sliding glass door • Crack along the light fixture - normal? Exterior of home:
• Check roof, cement job • Fill holes above the cox box • Is it normal for pieces to hang from all sides of the outlet cover? • Fill the holes, gaps along the breaker box (look under and sides), smooth out stucco along edges • Front of the house: metal piece visible on bottom corners of the house and the entryway stuccos (right end one by garage, majority by the front entry way, three corners on the master suite) • Double check bottom screws on the two hardwares installed on both sides of the master bath window • Does the water hose area need to be resealed? • Above master bath window, right side: smooth out or fill stucco • Cracks along the stucco bottom edges (where the metal piece is) next to each side of front door • By front entrance: Sloppy paint job along the corners and ceiling • Check the finish on both sides of the garage door area, bottom where the wood connects with stucco • Cracks by the light fixtures • Tree in front of the front door needs to be replaced • Cracked/broken pieces on the side walk in front of the property • flush the water(?) cap with the bricks on my driveway DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
TRANSACTION SUMMARY
This Transaction Summary together with the attached Purchase Agreement and Escrow Instructions and any exhibits and addendum attached thereto (collectively, the "Agreement") will, once fully executed, constitute the home described below (the "Home"). This Agreement will not be binding upon NVH-ICIC VENTURE 2, LLC until accepted by an authorized officer of NVH-ICIC VENTURE 2, LLC. Execution by a New Village Homes Sales Representative does not constitute acceptance by NVH-ICIC VENTURE 2, LLC.
BUYER(S) IDENTIFICATION:
Lauren S. Kim A Single Woman Buyer Status
- - 808-228-3756 Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
9010 S. Priest dr. Apt# 1125 Tempe AZ 85248 Current Address City State Zip Code
[email redacted] N/A N/A N/A Email - Buyer 1 Email - Buyer 2 Email - Buyer 3 Email - Buyer 4
Fax Number: N/A
HOME YOU HAVE CONTRACTED TO PURCHASE: LA VALENCIA 201 A TBD Homesite/Lot # Community/Subdivision Plan & Elevation Projected Close Date
4081 E. Augusta Avenue Maricopa Chandler AZ 85249 Home Address County City State Zip Code DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PURCHASE PRICE AND PAYMENT SCHEDULE: Total Purchase Price $ 579,000 Initial Deposit paid upon signing this agreement X Check 143 $ 5,000 Payment Type Pymt Reference Additional Deposit(s); payable as follows: $ - on or before 6/10/2023 $ - on or before 7/10/2023 $ - on or before
Cash due at Closing (including loan, but excluding Buyer's Closing & financing costs) $ 574,000
ESCROW AGENT: Title Company: First Arizona Title Agency Branch Address: 2121 W. Chandler Blvd, Suite #100 Chandler, AZ 85224 Phone Number: 480.385.6400
FINANCING PROVIDER: Buyer shall obtain its financing for the Home from or through the lender/mortgage broker indicated below.
Financing Information: X Outside Lender Type of Financing: VA
Buyer’s Initials: ___________/__________/__________/__________ VA
Buyer will obtain its mortgage financing from New Village Homes' Preferred Lender: Preferred Lender Bell Mortgage , LLC Flagstar Bank 4435 E. Chandler Blvd., Suite #130 1100 W. Town and Country Rd, Stuie 1250 Phoenix, AZ 85048 Orange, CA 92868 Lender Contact: Robyn Kloner Lender Contact: Tony Meza Phone: 602-740-0020 Phone: 657-235-5036 Fax: 480-339-8550 Fax: 800-882-7395
Buyer will obtain its mortgage financing from the following outside lender:
Name: Chase Home Lending Branch Address: 802 N. Gilbert Lender Contact: Jennifer Shinyeda Work Phone: - E-mail Address: [email redacted] Cell Phone: 909-234-2079
Buyer understands that if it is indicated above that Buyer will obtain its financing through the Preferred Lender, the Buyer shall be entitled to the Preferred Lender Incentive, if any. If Buyer does not obtain its financing through the Preferred Lender, the Buyer shall not be entitled to the Preferred Lender Incentive.
Buyer’s Initials: ___________/__________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
BUYER'S AGENT: Consistent with Section 23 of the attached Purchase Agreement and Escrow Instructions, Buyer acknowledges that Buyer has been represented by the following real estate agent: Buyer's Agent RosieCalderon Buyer's Agent Broker: Home Smart Work Phone: Cell Phone: 602-410-7934 E-Mail Address: [email redacted]
WHEN SIGNED BY BUYER AND ACCEPTED BY NEW VILLAGE HOMES IN ACCORDANCE WITH SECTION 27 OF THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS, THIS AGREEMENT WILL BECOME A LEGALLY BINDING AGREEMENT. PLEASE MAKE SURE THAT ALL PROVISIONS ARE READ AND UNDERSTOOD BEFORE SIGNING. IF YOU DO NOT UNDERSTAND ANY PROVISION, YOU SHOULD SEEK LEGAL ADVICE.
BUYER: 3/12/2023 Submitted by: Keta Fay Lauren S. Kim Date New Village Homes' Sale Representative Date: March 12, 2023 N/A Date
N/A Date
N/A Date
THIS SUMMARY AND THE AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY SELLER, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS SIGNED AND COMPLETED:
NVH-ICIC VENTURE 2, LLC 3/12/2023 By:_________________________________________ Date:___________________________ Its: Authorized Officer
3/12/2023 Designated Broker:________________________________ Date:___________________________ (if other than Authorized Officer)
Buyer’s Initials: ___________/__________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Purchase Price Summary Buyer Lauren S. Kim Community LA VALENCIA Lot 60 Plan 201 Elevation A Enhanced Side Elevation N Enhanced Rear Elevation N
Purchase Price Base Price $ 596,990 Lot Premium $ 2,500 Elevation A $ - Enhanced Side Elevation - N $ - Enhanced Rear Elevation - N $ - Design options $ 56,375 Spec incentive $ (76,865)
Total Purchase Price 579,000.00
Preferred Lender Incentive to be used towards option and upgrades, not applicable to base price. 3/12/2023
Lauren S. Kim - Signature Date
N/A Date
N/A Date
N/A Date
Submitted by:
Keta Fay March 12, 2023 New Village Homes' Sale Representative Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
ADDENDUM TO PURCHASE AGREEMENT BUYER Lauren S. Kim SALES REPRESENTATIVE Keta Fay
BUYER - DATE OF CONTRACT March 12, 2023
BUYER - DATE OF ADDENDUM March 12, 2023
COMMUNITY LA VALENCIA PLAN # 201
LOT # 60 ELEVATION A
The terms, covenants and provisions contained in this Addendum constitute a part of the Purchase Agreement between Buyer and Seller:
Buyer and Seller agree to contribute up to $34,740. to be used towards, Rate buy down, closing cost and or pre-paids.
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.
BUYER(S): NVH-ICIC VENTURE 2, LLC
3/12/2023 3/12/2023 Lauren S. Kim DATE Authorized Officer DATE
N/A DATE BROKER:
3/12/2023 N/A DATE Authorized Officer DATE DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
COMMUNITY: LA VALENCIA HOMESITE #: 60 BUYER: Lauren S. Kim BUYER: BUYER:
This Purchase Agreement and Escrow Instructions and the attached Transaction Summary (collectively, the “Agreement”) , as entered into by and between NVH-ICIC VENTURE 2, LLC (“NVH-ICIC VENTURE 2, LLC” or “Seller”) and the undersigned buyer (“Buyer”), once accepted by NVH-ICIC VENTURE 2, LLC in accordance with Section 27 below, shall constitute a binding purchase agreement between NVH-ICIC VENTURE 2, LLC and Buyer. 1. Transaction Summary. The Transaction Summary (“Summary”) identifies the Home, including the applicable Home Site and home plan, the Community in which the Home Site is located, the Purchase Price and the deposit amounts, the Lender and other terms of this transaction and references to items herein shall be deemed to refer to the applicable information set forth in the Summary. Buyer acknowledges that the terms and information contained in the Summary are accurate in all respects. 2. Purchase and Sale. NVH-ICIC VENTURE 2, LLC agrees to sell and Buyer agrees to purchase the Home Site, together with a residential dwelling and related improvements which has been constructed, is currently being constructed and/or will be constructed thereon (the “House”) substantially in accordance with the house plan identified on the Summary (the “Plan”). The Plan is on file in the office of NVH-ICIC VENTURE 2, LLC and is available for review by Buyer during NVH-ICIC VENTURE 2, LLC’s normal business hours. The Home Site and the House shall, collectively, be referred to in the Agreement as the “Home”.
BUYER AGREES THAT ANY DISPUTE BUYER MAY HAVE WITH NVH-ICIC VENTURE 2, LLC AND/OR CONTRACTOR (AS DEFINED BELOW) RELATING TO THIS AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT, AND BUYER UNDERSTANDS THAT IT IS, PURSUANT TO SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT, VOLUNTARILY WAIVING ITS LEGAL RIGHT TO FILE A LAWSUIT AND IS WAIVING ITS LEGAL RIGHT TO HAVE A JURY TRIAL. THERE ARE ALSO CERTAIN COSTS ASSOCIATED WITH ARBITRATION AS REFERENCED WITHIN SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT.
3. Escrow. Seller and Buyer hereby appoint First Arizona Title Agency, located at 2121 W. Chandler Blvd., Suite #100, Chandler, AZ 85224, to serve as escrow agent (“Escrow Agent”) for this transaction, and the parties instruct Escrow Agent to accept this Agreement as its escrow instructions and to establish an escrow for this transaction (the “Escrow”). 4. Purchase Price. The total purchase price for the Home (the “Purchase Price”), as identified in the Summary and as may be modified by any addendum which may hereafter be entered into, shall be paid in certified U.S. funds as follows: A. An initial deposit in the amount shown in the Summary (the “Initial Deposit”) shall be paid to First Arizona Title Agency concurrently with Buyer’s execution of the Agreement. B. One or more additional deposit(s) in the amount(s) shown in the Summary (the “Additional Deposit”) shall be paid as additional earnest money directly to First Arizona Title Agency when required pursuant to the Summary. C. The balance of the Purchase Price shall be paid by Buyer at Closing (as defined below). D. Earnest Money. The Initial Deposit shall constitute the earnest money deposit under the Agreement (the “Earnest Money”), and the Earnest Money shall be deemed to be increased by and to include the Additional Deposit(s), all payments for Options and all other deposits, once paid. NVH-ICIC VENTURE 2, LLC hereby acknowledges receipt of the Initial Deposit. E. Neutral Escrow Account. Prospective Purchasers are advised that Earnest Money, deposits, down payments and other advance money will be placed in a neutral escrow account held by the Escrow Agent.
Buyer’s Initials: ___________/__________/__________
Page 1 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
5. If You Need a Loan.
A. Loan Qualification and Approval. If Buyer intends to obtain a loan to finance its purchase of the Home, Buyer shall have fourteen (14) days from the Agreement Date (the “Financing Contingency Period”) to make all necessary financing arrangements and to obtain all necessary approvals for such loan (collectively, the “Approval”). Buyer shall submit a complete, truthful and proper loan application to the lender identified on the Summary (the “Lender”) within five (5) days from the Agreement Date, and Buyer shall thereafter diligently pursue the Approval by Lender for such loan. Buyer shall, within five (5) days of the Agreement Date, provide NVH-ICIC VENTURE 2, LLC with proof that Buyer has submitted the loan application to the Lender, which proof shall include the name, address and telephone number of the loan officer for the loan. Buyer shall provide Lender with all documents reasonably requested by Lender within five (5) days of request by Lender.
Buyer shall provide NVH-ICIC VENTURE 2, LLC with a copy of Buyer's pre-qualification approval within five (5) days of Buyer's receipt thereof, and Buyer shall thereafter diligently pursue the Approvals for such loan. If Buyer uses NVH-ICIC VENTURE 2, LLC’ Preferred Lender, Buyer hereby authorizes the Preferred Lender to provide directly to NVH-ICIC VENTURE 2, LLC a copy of Buyer's pre-qualification approval from the Preferred Lender. For the purposes of this Section 5(A), such pre-qualification approval from Preferred Lender shall constitute the Approval. If Buyer is unable to obtain the necessary Approval within the Financing Contingency Period, either party may cancel this Agreement by providing the other party and Escrow Agent with a written cancellation notice prior to the expiration of the Financing Contingency Period, whereupon this Agreement shall be canceled and the Earnest Money shall be returned to Buyer. Upon such cancellation, neither party shall thereafter have any further rights, obligations or liabilities to the other party hereunder, including any obligation on the part of NVH-ICIC VENTURE 2, LLC to commence construction or to continue construction of the home. If Buyer does not provide such cancellation notice to NVH-ICIC VENTURE 2, LLC and Escrow Agent prior to the expiration of the Financing Contingency Period, and if NVH-ICIC VENTURE 2, LLC elects not to cancel this Agreement as a result thereof, this financing contingency shall be deemed satisfied or waived and Buyer shall thereafter be obligated to fully and timely comply with all terms and provisions of this Agreement. If at any time after the Financing Contingency Period and before Closing Buyer is unable or unwilling to provide a written loan approval upon request by NVH-ICIC VENTURE 2, LLC, NVH-ICIC VENTURE 2, LLC may cancel this Agreement by providing Buyer and Escrow Agent with a written cancellation notice, whereupon this Agreement shall be cancelled and the Earnest Money shall be retained by NVH-ICIC VENTURE 2, LLC as liquidated damages and not as a penalty.
B. Your Relationship with the Lender. Buyer acknowledges and agrees that the financing arrangement and relationship shall be between Buyer and Lender and in no event shall NVH-ICIC VENTURE 2, LLC have any responsibility, obligation or liability for any matters or disputes that arise in connection with such financing arrangement. If Buyer locks into a loan program with its Lender, Buyer shall bear all risks of lock expiration and rate fluctuations. In no event shall Closing be delayed because of financing considerations or because of disputes between Buyer and its Lender. Buyer agrees to pay all loan origination fees, discount points, other mortgage costs and expenses, mortgage insurance premiums, appraisal fees, credit report fees, Lender's title insurance policy premiums, prepaid items and impounds and holdbacks required by its Lender and all other costs of financing. It shall be incumbent upon Buyer to select its mortgage broker and/or Lender, and Buyer shall, on the Summary indicate the mortgage broker and/or Lender Buyer intends to use to obtain such financing.
If the Summary indicates that Buyer shall obtain its mortgage loan through a Preferred Lender, the Buyer may receive a Preferred Lender Incentive identified on the Summary. If the Summary indicates Buyer is to use a Preferred Lender, but Buyer does not actually receive its mortgage financing through the Preferred Lender, Buyer shall not be entitled to the Preferred Lender Incentive. Buyer authorizes NVH-ICIC VENTURE 2, LLC to order or obtain a credit report regarding Buyer from a credit reporting agency or other source. Buyer also authorizes NVH- ICIC VENTURE 2, LLC to contact Buyer's Lender regarding the status of Buyer's financing and authorizes Buyer's Lender to disclose to NVH-ICIC VENTURE 2, LLC all information regarding Buyer's loan.
Page 2 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
C. If You Are a Veteran. The provisions set forth in this Section shall apply only if Buyer is purchasing the Property with a loan guaranteed by the U.S. Department of Veteran Affairs ("VA"). Notwithstanding any other provisions contained in this Agreement to the contrary, a VA Buyer shall not incur any penalty by forfeiture of Earnest Money or otherwise be obligated to complete the purchase of the Home if the Purchase Price exceeds the reasonable value of the Home as established by the Veterans Administration. A VA Buyer shall, however, have the privilege and option of proceeding with the consummation of this Agreement without regard to the reasonable value of the Home established by the VA. NVH-ICIC VENTURE 2, LLC will complete the dwelling in substantial conformance with the VA approved plans and specifications for the Home and will deliver the Home to Buyer when completed. All Earnest Money and other deposits received from a VA Buyer will be placed in a neutral escrow account as required by 38 U.S.C. § 3706.
X Applicable _____Not Applicable _____
Buyers Initials ____________/___________/___________
6. Design Center Selections and Options. A. 14-Day Selection Period. In order to minimize delays and maximize efficiencies in the construction process, Buyer agrees that, within fourteen (14) days following the Agreement Date, Buyer will (a) make all selections of all materials and finishes (including, without limitation, floor coverings, cabinets, countertops, appliances, light fixtures, roof tile, plumbing fixtures and paint colors) from among those offered for the Home by NVH-ICIC VENTURE 2, LLC on the Agreement Date at no extra charge (“Standard Selections”) and (b) select all extra and upgraded features and options from those offered by NVH-ICIC VENTURE 2, LLC for the Home (the “Options”).
Buyer understands that Buyer shall have no right to request and NVH-ICIC VENTURE 2, LLC shall have no obligation to consider making any changes or upgrades to the Home other than the Standard Selections and Options selected by Buyer from those offered by NVH-ICIC VENTURE 2, LLC. Buyer understands and agrees that, except as may be provided under Section 21 below with respect to the addition of a swimming pool and/or spa, no additions, deletions or other changes regarding the Home will be permitted after the fourteen (14) day selection period; provided, however, NVH-ICIC VENTURE 2, LLC reserves the right at any time to cancel any addition, deletion or change, and in such event NVH-ICIC VENTURE 2, LLC shall refund all amounts paid by Buyer for such deleted items.
Should Buyer fail to make all of its selections within such fourteen (14) day period, NVH-ICIC VENTURE 2, LLC may either (i) make such selections within its sole discretion, in which event NVH-ICIC VENTURE 2, LLC’ selections shall be final; (ii) await Buyer’s selections, in which event the Purchase Price shall be increased by an amount equal to two hundred fifty dollars ($250) for each day that Buyer delays in making the selections; or (iii) cancel this Agreement and retain the Earnest Money theretofore paid by Buyer as liquidated damages for Buyer’s breach of this Agreement and not as a penalty. NVH-ICIC VENTURE 2, LLC shall have no obligation to consider any Buyer requests for Options after the fourteen (14) day selection period has expired. To be incorporated into the Home, all approved Options must be itemized on the appropriate Home Options Selection Addendum; Flooring Addendum or Personalized Option Request Form (the “Option Addenda”) and signed by Buyer.
Available Options and the prices for Options are to be determined by NVH-ICIC VENTURE 2, LLC and are subject to change at the discretion of NVH-ICIC VENTURE 2, LLC. The minimum charge to change or delete an item, if the change or deletion is approved by NVH-ICIC VENTURE 2, LLC, will be two hundred fifty dollars ($250), which charge must be paid at the time such change or deletion is requested. Buyer shall make Additional Deposits as required by Seller for all approved Options in accordance with the timetable established in the Summary. Buyer is aware that any model home and promotional materials which Buyer may have viewed prior to execution of this Agreement may have extra design features, decorations, floor coverings, decorator light fixtures, wall coverings, window treatments (such as shutters, drapes, etc.), landscaping, pool, spa, sound and alarm systems, furnishings, appliances and other designer/decorator features and amenities as shown therein which are not included as part of the Home unless specifically provided for in this Agreement or in a subsequent written Addendum approved by NVH-ICIC VENTURE 2, LLC. Buyer hereby acknowledges that it has received a list of the standard features for the Home and a list of the available options and other non-standard features contained in or made to the model for the Home purchased, and Buyer understands that in order to incorporate any Options shown in any model or brochures but not shown on the Plan, the necessary Option Addenda to this Agreement must first be entered into between NVH-ICIC VENTURE 2, LLC and Buyer in accordance with this Section 6 and the Purchase Price must be adjusted as required by NVH-ICIC VENTURE 2, LLC.
Page 3 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
B. If Your Home Is Complete or Under Construction. Notwithstanding the foregoing provisions or any other provisions of this Agreement, if the Home is already fully or partly constructed as of the Agreement Date, Buyer shall only be entitled to make Standard Selections and select Options and make modifications to the Home to the extent NVH-ICIC VENTURE 2, LLC, in its sole and absolute discretion, specifically authorizes Buyer to do so in a written Addendum to this Agreement. Should Buyer request and NVH-ICIC VENTURE 2, LLC agree to allow pre- installed items to be removed from the Home, Buyer shall be responsible for any charges established by NVH-ICIC VENTURE 2, LLC for the removal of such items, and Buyer shall pay such amounts to NVH-ICIC VENTURE 2, LLC at such time as established by NVH-ICIC VENTURE 2, LLC and all such amounts shall be non-refundable to Buyer.
7. Construction. A. Construction of Your Home. The Home has been or will be constructed by NVH-ICIC VENTURE 2, LLC MANAGEMENT NO. 1, LLC (“Contractor”), which is an affiliate of NVH-ICIC VENTURE 2, LLC and which holds Arizona Residential Contractor's License No. ROC 321001 and Contractor will hire subcontractors of its choice to construct the Home. All material and labor will be supplied by subcontractors and/or suppliers approved by NVH- ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC has endeavored or shall endeavor to cause the Home to be constructed in substantial conformance with the Plan. However, due to the nature of construction, Buyer understands and acknowledges that deviations and variations from the Plan may exist in the Home, including, without limitation, (i) substitution by Contractor of materials, equipment and appliances of substantially equal or better quality; (ii) minor style, lot orientation and color changes; (iii) minor variances in room and space dimensions and window, door and other improvement locations; and (iv) changes in the Plan as may be required by any state, federal, county or local governmental authority in order to accommodate Options requested by Buyer and approved by NVH-ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC reserves the right to make changes to the Home and/or to make deviations from the Plan as NVH-ICIC VENTURE 2, LLC deems necessary.
Buyer acknowledges that renderings, floor plans and other drawings shown in the sales office for the Community and in sales brochures and other advertising material may not be drawn to scale. NVH-ICIC VENTURE 2, LLC reserves the right to substitute materials and make changes to the Home and/or to deviate from the Plan as may be necessary in NVH-ICIC VENTURE 2, LLC’ sole opinion by site, job or governmental conditions where availability of materials, and practicality of design or other circumstances which, in NVH-ICIC VENTURE 2, LLC’ sole discretion, warrant alteration or deviation from the Plan, provided that any substitution of materials or equipment results in the use of materials or equipment which are substantially comparable in quality and appearance. The determination of comparable quality and appearance will be in NVH-ICIC VENTURE 2, LLC’ sole opinion.
B. Commencement and Completion of Construction. If the Home is not yet under construction, NVH-ICIC VENTURE 2, LLC will make reasonable efforts to cause Contractor to initiate construction of the Home within thirty (30) days of the later of (i) the date on which Buyer supplies NVH-ICIC VENTURE 2, LLC with evidence of its financing approval in accordance with Section 5 above; (ii) the date Buyer completes its selections under Section 6; or (iii) the date a building permit is obtained for the Home. NVH-ICIC VENTURE 2, LLC will cause Contractor to proceed with construction of the Home with reasonable diligence. Buyer acknowledges that normal construction schedules may be affected by weather conditions and the availability of materials and qualified subcontractors and, therefore, NVH- ICIC VENTURE 2, LLC has not and cannot guarantee a completion date and NVH-ICIC VENTURE 2, LLC cannot be held responsible for estimated completion dates which Buyer may receive from NVH-ICIC VENTURE 2, LLC, Contractor or their agents, employees, subcontractors or suppliers.
However, subject to extensions for delays that are beyond the reasonable control of NVH-ICIC VENTURE 2, LLC, NVH-ICIC VENTURE 2, LLC covenants that the Home will be completed within eighteen (18) months from the Agreement Date, although NVH-ICIC VENTURE 2, LLC currently anticipates that the completion date will occur well before such eighteen (18) month deadline. Completion of the Home shall be deemed to occur upon the final inspection and approval of the Home by the city, town or county in which the Home is located, which inspection, once passed, shall be deemed to confirm that the Home is completed and built in substantial conformance with the Plan and applicable codes.
Page 4 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
C. Materials Used in Construction. Materials used in the construction of the House, including, but not limited to, paint, stucco, roof material, concrete, block, stone, brick, tile, granite, wood, carpet, laminate, cabinets, cultured marble, etc., will differ depending on age, density, type of finish, dye mixtures, textures, designs, porosity, place of origin and other factors, and many such finishes will change as they are exposed to the elements. Such variations are typical and should be expected by Buyer, and NVH-ICIC VENTURE 2, LLC, the Contractor or their suppliers, or subcontractors cannot guarantee exact matches. Buyer acknowledges that the R-value of the insulation to be installed in the Home may vary in certain areas of the Home due to design or construction constraints such as the location of studs, corners, windows, doors, points where roof trusses are attached to walls, etc. Subject to the foregoing limitation, the Home will be insulated as specified in the Summary and in the Plan. The R-value is based on the representation of the manufacturer and/or installer of the insulation and NVH-ICIC VENTURE 2, LLC does not warrant or represent that these R-values are correct.
Buyer shall, at the final home presentation described in Section 11 below, be entitled to thoroughly inspect the Home, and Buyer shall, at such final home presentation, provide NVH-ICIC VENTURE 2, LLC with written notice of any material deviations Buyer believes to exist between the Plan and the Home as constructed. In the event Buyer fails to provide NVH-ICIC VENTURE 2, LLC with such notice and proceeds with the Closing, Buyer shall be deemed to have agreed to accept the Home as constructed and subject to all changes and deviations from the Plan and Buyer shall be deemed to have waived any and all right and claim against NVH-ICIC VENTURE 2, LLC with respect to any such changes and deviations from the Plan except to the extent such changes and deviations are later conclusively determined to cause structural deficiencies in the Home.
D. No Buyer Work on Home Prior to Closing. Buyer will not, during the construction of the Home, be able or permitted to provide materials, subcontractors or supplies to the Home or work on or make modifications to the Home. Buyer's subcontractors may only work in the Home and Buyer may only install or provide materials for the Home after the Closing. If Buyer violates the restrictions set forth in this Section, then, in addition to being in default under the Agreement, NVH-ICIC VENTURE 2, LLC' warranty shall, at NVH-ICIC VENTURE 2, LLC' option, be deemed void and the Purchase Price shall be increased by any cost incurred by NVH-ICIC VENTURE 2, LLC to do any restorative or other type of corrective work.
8. House Placement and Grading and Soil Conditions. The placement of the House shown on the preliminary site plan for the Home Site is approximate and the actual layout of the House may vary. NVH-ICIC VENTURE 2, LLC has the right to cause the House on the Home Site to be oriented in accordance with Contractor's normal construction practices. Elevation heights of the yards and floor of the House or that of adjoining Home Sites may vary. Elevation differences from one Home Site to the next within the Community can cause yard wall heights to change. No representations are made as to the condition of any vegetation which may exist on the Home Site or surrounding Home or as to the condition or existence of such vegetation upon completion of the Home. NVH-ICIC VENTURE 2, LLC, its suppliers and subcontractors plan on normal soil conditions when pricing additional features, such as hardscape, landscape, sprinklers, plumbing and electrical. If soil conditions such as caliche or rock are encountered on the Home Site, making excavation for such additional features more costly, an additional charge will be added to the Purchase Price. Because of the prevalence of expansive soil conditions in the metropolitan Phoenix area, the Home will be constructed in accordance with recommendations made in a soils report prepared by a licensed engineer (which is available for inspection at the sales office upon request by Buyer) with the goal of minimizing the effects of expansive soils, if present. The possible problems caused by expansive soils are often cosmetic rather than structural in nature and include, without limitation, the following: upward movement of foundation and floor slab systems, cracking of concrete, flooring surfaces, drywall and stucco and misalignment of doors and windows.
The Home Site has been or will be graded in accordance with an approved grading plan for the Community. Slopes, swells, swales and drainage improvements may be required on some home sites and will be located in accordance with the approved grading and drainage plans for the Community. Copies of the approved grading and drainage plans are available for viewing in the sales office for the Community. NVH-ICIC VENTURE 2, LLC and Contractor shall not be responsible for any disturbance of the soil in and around the Home Site, or any consequences arising from such disturbance, after the Closing.
Failure by Buyer to maintain the grades and contours of the Home Site may result in upward movement or settlement of the foundations and concrete which may result in extensive and costly repairs to the Home. Any damage to the Home, including cracking of concrete, stucco and/or drywall resulting from changes by Buyer to grading of the Home Site shall be excluded from any and all warranties provided by NVH-ICIC VENTURE 2, LLC.
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9. Final Home Presentation. Prior to Closing, NVH-ICIC VENTURE 2, LLC and Buyer shall schedule a presentation of the Home to review the features and operation of the Home. If the parties are unable to schedule such final home presentation prior to the date specified by NVH-ICIC VENTURE 2, LLC for Closing, Buyer must nonetheless proceed with Closing and the parties shall thereafter endeavor to arrange a post-Closing final home presentation of the Home. At the presentation, NVH-ICIC VENTURE 2, LLC shall compile a list of all mutually agreed upon existing defects and deficiencies in the Home (the "Punch List"). Failure by Buyer to attend the scheduled presentation of the Home shall be deemed a waiver by Buyer of any Punch List objections. The existence of any such Punch List items shall not entitle Buyer to cancel this Agreement, delay the Closing or withhold funds at Closing. Within a reasonable period of time following the Closing, NVH-ICIC VENTURE 2, LLC shall cause Contractor to remedy the items on the Punch List in accordance with industry standards, provided Buyer agrees to provide NVH-ICIC VENTURE 2, LLC, Contractor and their representatives reasonable access to the Home during normal business hours. NVH-ICIC VENTURE 2, LLC shall have no responsibility to make any repairs or replacements resulting from damage to the Home caused by Buyer, its movers, employees, invitees or contractors or any other occupants of the Home.
10. Homeowners’ Association. Buyer understands that the Community and the Home is bound by one or more declarations of covenants, conditions, restrictions and easements or tract declarations or similar instruments (the "CCRs") and that an owners’ association (the "Association") has been established for the purpose of governing the affairs of the Association and to own, operate and maintain any common areas within the Community designated on the Plat (the "Common Areas") and maintain any areas of Association responsibility identified in the CCRs and for the additional purpose of enforcing the CCRs with the goal of enhancing and maintaining the desirability of the Community. At Closing, Buyer shall become a member of the Association and thereafter must abide by the terms and conditions of the CCRs, the Association's Articles of Incorporation and Bylaws, all management agreements entered into by the Association, any rules and regulations and architectural and/or landscaping guidelines for the Association (if applicable) and any other recorded covenants, conditions and restrictions affecting the Home. Buyer hereby acknowledges receipt of a copy of the CCRs and the Articles of Incorporation and Bylaws for the Association. At Closing, Buyer shall pay to the Association any payments required under the CCRs or by the Association to establish operating and maintenance reserves for the Community, which may include monthly Association assessments, transfer fees and working capital reserve fees.
11. Closing. The closing of this transaction (the "Closing") shall occur following completion of the Home (as determined in accordance with Section 7 above) on a date to be specified in an oral or written notice to be provided by NVH-ICIC VENTURE 2, LLC to Buyer. NVH-ICIC VENTURE 2, LLC shall provide Buyer with the notice provided for in the foregoing sentence at least five (5) days prior to the date NVH-ICIC VENTURE 2, LLC designates as the date for Closing. Under no circumstances shall NVH-ICIC VENTURE 2, LLC be responsible for temporary housing, furniture storage, moving expenses or other costs, fees or expenses related in any way to the timing of the eventual completion of the construction of the Home or the Closing. In the event Escrow Agent is closed for business on the day specified for Closing, the Closing shall occur on the next day Escrow Agent is open for business. It is not necessary that Buyer be present at the Closing. Should Buyer not wish to appear at the Escrow Agent’s office to sign the closing documents there will be a fee charged to the Buyer for overnight delivery and notary services. NVH-ICIC VENTURE 2, LLC shall pay for the cost of a standard owner’s policy of title insurance in the amount of the Purchase Price if Buyer uses the services of the Escrow Company identified on the Transaction Summary. Buyer shall pay for all other title, recording, closing and escrow fees, costs and charges relating to this transaction and all fees, costs and charges related to any financing obtained by Buyer for this transaction. All taxes, special assessments and regular assessments and Association assessments affecting the Home shall be prorated as of the Closing.
At or before the Closing, Buyer shall deposit with Escrow Agent or NVH-ICIC VENTURE 2, LLC: (a) the balance of the Purchase Price due and payable to NVH-ICIC VENTURE 2, LLC; (b) an amount equal to all closing costs and additional costs or expenses payable by Buyer pursuant to this Agreement; (c) a sum equal to any assessments and any other amounts due and payable to the Association as required pursuant to the CCRs, which sums shall be released by Escrow Agent to the Association at Closing; and (d) all documents and instruments necessary to effectuate the transaction contemplated herein. All amounts payable by Buyer at Closing shall be paid in cashier’s or certified U.S. funds from a licensed bank. Possession of the Home shall be given to Buyer only after Recording occurs at the applicable County Recording Office.
12. Utilities: Buyer shall, at its own expense, turn on utilities for the purpose of quality inspections and the Home Orientation seven (7) days prior to the date designated for Closing. Any delays incurred in scheduling such utilities to be turned on shall not permit Buyer to delay the Closing.
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13. Title. Title to the Home shall be conveyed by NVH-ICIC VENTURE 2, LLC to Buyer at Closing by special warranty deed, and such title shall be free and clear of liens, encumbrances and exceptions except (i) the CCRs and any other covenants, conditions, restrictions and easements affecting the Home; (ii) any existing easements and rights-of-way for roadways, canals, ditches, open areas, laterals and public utilities; (iii) taxes, special assessments and community facility assessments (if applicable) which are not delinquent; (iv) matters shown on the recorded plat for the Community; (v) matters which a survey would show; (vi) any mortgage or lien placed against the Home by Buyer's Lender; (vii) all applicable zoning and building code requirements and any other governmental and quasi- governmental requirements and (viii) any other matters of record which do not materially and adversely affect the marketability of the Home. 14. Damage or Destruction of Home. NVH-ICIC VENTURE 2, LLC shall bear the risk of loss to the Home until Closing, at which time such risk shall pass to Buyer. If all or any portion of the Home is damaged or destroyed before Closing, NVH-ICIC VENTURE 2, LLC, at NVH-ICIC VENTURE 2, LLC' election may: (a) terminate this Agreement by notifying Buyer and by refunding all sums which Buyer has paid to NVH-ICIC VENTURE 2, LLC hereunder or (b) repair such damage, in which event this Agreement shall remain in full force and effect and the Closing may be extended by NVH- ICIC VENTURE 2, LLC for a reasonable period to allow NVH-ICIC VENTURE 2, LLC the opportunity to repair such damage and complete construction of the Home. NVH-ICIC VENTURE 2, LLC will notify Buyer of any such election within twenty (20) days of any such damage or destruction.
15. NVH-ICIC VENTURE 2, LLC' and Contractor’s Sole and Exclusive Warranties. A. Warranty Booklet. NVH-ICIC VENTURE 2, LLC shall, at the Closing, provide Buyer with an express limited warranty (the “Warranty”) administered by Home Buyers Warranty Corporation (“2-10 HBW”), WHICH WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE WARRANTY TO BE PROVIDED BY CONTRACTOR AND NVH-ICIC VENTURE 2, LLC WITH RESPECT TO THE HOME. The Warranty is set forth in the applicable 2-10 HBW Warranty booklet (the “Warranty Booklet”) published by 2-10 HBW and provided to Buyer, which is incorporated herein by reference and which shall constitute part of this Agreement. Buyer acknowledges that it has received and reviewed the Warranty Booklet, including the Arbitration Agreement contained in the Warranty Booklet. The Warranty shall commence and expire as and when described in the Warranty Validation Certificate issued pursuant to the Warranty Booklet. Buyer understands and agrees that (a) the only rights and remedies Buyer and any successor owner of the Home shall have with respect to any actual or alleged construction defects in the Home shall be those specifically set forth in this Section 15 and the Warranty Booklet and Buyer shall have the sole affirmative obligation to notify any prospective purchaser thereof, and (b) any claims made by Buyer or any successor owner of the Home under the Warranty Booklet, and any disputes that arise with respect to the Warranty or the Warranty Booklet shall be limited to, governed by and handled in strict accordance with this Section 15 and the Warranty Booklet. Buyer expressly acknowledges that this Section 15 has been negotiated and bargained for and that this disclaimer has been knowingly and intelligently included, notwithstanding any claims that may be made to the contrary hereafter.
B. Limitations of Warranty. EXCEPT FOR THE LIMITED WARRANTY PROVIDED AND DESCRIBED IN THE WARRANTY BOOKLET, ALL OTHER WARRANTIES WITH RESPECT TO THE HOME, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISE, WHETHER EXPRESSED, IMPLIED OR STATUTORY AND WHETHER REGARDING PERSONAL PROPERTY, CONSUMER GOODS, ENVIRONMENTAL CONDITIONS OR ACTUAL CONSTRUCTION (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF WORKMANSHIP AND OF HABITABILITY) ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW. NO REPRESENTATIVE OR AGENT OF NVH-ICIC VENTURE 2, LLC OR CONTRACTOR HAS ANY AUTHORITY TO WAIVE OR CHANGE THIS PROVISION. Under no circumstances shall NVH-ICIC VENTURE 2, LLC or Contractor be liable for any actual, special, indirect, incidental, consequential, exemplary, punitive or other damages, including, without limitation, any damages based on a claimed diminution in the value of the Home.
C. Arbitration Agreement. Any and all claims or disputes between NVH-ICIC VENTURE 2, LLC, Contractor, Buyer and/or 2-10 HBW arising from or relating to the Warranty shall exclusively be settled by binding arbitration pursuant to the express arbitration agreement (the “Arbitration Agreement”) set forth in the Warranty Booklet, which is hereby incorporated by reference. NVH-ICIC VENTURE 2, LLC, Contractor, and Buyer agree that the Arbitration Agreement involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. §§ 1-16), to the exclusion of any different or inconsistent law, ordinance, rule, or regulation. Buyer agrees to and affirms all terms of the Arbitration Agreement and hereby waives, to the fullest extent permitted by applicable law, Buyer’s right to a jury trial or class action litigation. D. Contractor. Contractor is an intended third-party beneficiary of the provisions of this Agreement applicable to Contractor.
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16. Remedies. A. In the event Buyer fails, prior to the Closing, to fully and timely comply with any term or provision of this Agreement or if Buyer advises NVH-ICIC VENTURE 2, LLC in writing or orally that Buyer does not intend to or will not fully perform any provision of this Agreement, NVH-ICIC VENTURE 2, LLC shall have the right to cancel this Agreement and collect from Buyer an amount equal to five percent (5%) of the Purchase Price, which amount shall constitute liquidated damages and not a penalty. Buyer hereby acknowledges that the amount of the damages suffered or incurred by NVH-ICIC VENTURE 2, LLC as a result of a pre-Closing default by Buyer under this Agreement would be extremely difficult and/or impractical to ascertain and that the liquidated damage amount described above constitutes a reasonable estimate of such damages. Seller shall apply the Earnest Money previously paid by Buyer to Seller toward the liquidated damage amount, and Seller shall have the right to seek recovery of the balance of the liquidated damage amount from Buyer by any actions and proceedings available at law or in equity. If, after the Closing, Buyer breaches any agreement or obligation of Buyer, Seller shall have the right to pursue any and all remedies available to it under this Agreement or at law or in equity. B. If NVH-ICIC VENTURE 2, LLC fails, prior to the Closing, to substantially comply with the terms and conditions of this Agreement, Buyer shall deliver to Escrow Agent and NVH-ICIC VENTURE 2, LLC a written notice detailing the default of NVH-ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC shall have twenty (20) days from the receipt of such notice in which to remedy the default, except that if the required performance cannot reasonably be completed by NVH-ICIC VENTURE 2, LLC within such 20-day period, then NVH-ICIC VENTURE 2, LLC shall have a reasonable period of time, not to exceed sixty (60) additional days, within which to remedy the default. If NVH-ICIC VENTURE 2, LLC has not remedied the default within the time provided in the preceding sentence, Buyer, as its sole remedy, may either (i) cancel this Agreement and receive a refund of the Earnest Money or (ii) pursue specific performance of this Agreement, and Buyer hereby expressly waives any other rights and remedies it may have at law or in equity with respect to each such default. C. ARBITRATION. BY ENTERING INTO THIS AGREEMENT, BUYER AND NVH-ICIC VENTURE 2, LLC AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR BUYER’S PURCHASE OF THE HOME OR ANY RIGHTS AND OBLIGATIONS BETWEEN THE PARTIES AND/OR CONTRACTOR WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE). THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), THE AAA’S SUPPLEMENTARY PROCEDURES FOR RESIDENTIAL CONSTRUCTION DISPUTES, AND THE TERMS OF THIS AGREEMENT. ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED, ENTERED AND ENFORCED, IN ANY COURT HAVING JURISDICTION. THIS ARBITRATION SHALL APPLY TO ALL CLAIMS BETWEEN BUYER AND NVH-ICIC VENTURE 2, LLC, INCLUDING THOSE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, DEFECTIVE DESIGN OR CONSTRUCTION, MISREPRESENTATION OR FRAUD. BUYER AGREES THAT THE OBLIGATIONS SET FORTH IN THIS SECTION 16(C) SHALL SURVIVE CLOSING OR THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. NVH-ICIC VENTURE 2, LLC MAY, AT NVH-ICIC VENTURE 2, LLC’ OPTION, INCLUDE CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND OTHER PARTIES IN THE ARBITRATION. BUYER IS INFORMED AND UNDERSTANDS THAT ARBITRATION INVOLVES PAYMENT OF FEES TO THE AAA WHICH MAY BE SUBSTANTIAL AND IN EXCESS OF COURT FEES FOR FILING OF A LAWSUIT. THE PAYMENT OF ANY SUCH ARBITRATION FEES SHALL BE GOVERNED BY THE AAA RULES. BUYER IS INFORMED AND UNDERSTANDS THAT BY AGREEING TO THE ARBITRATION OF ALL DISPUTES AS SET FORTH IN THIS PARAGRAPH, BUYER IS WAIVING HIS OR HER RIGHTS TO A TRIAL BY JURY AND THAT THE DISPUTE WILL BE RESOLVED BY THE ARBITRATOR. BUYER WAIVES THE RIGHT TO INSTITUTE OR PARTICIPATE IN A CLASS ACTION ARBITRATION FOR ANY MATTER COVERED BY THIS AGREEMENT.
AT LEAST NINETY (90) DAYS BEFORE BRINGING OR INITIATING AN ARBITRATION ACTION RELATING TO A CLAIM, DISPUTE OR CONTROVERSY RELATING TO THE CONSTRUTION OR CONDITION OF THE PROPERTY OR ALLEGING CONSTRUCTION DEFECTS (I.E., A CONSTRUCTION DISPUTE), BUYER MUST GIVE WRITTEN NOTICE TO NVH-ICIC VENTURE 2, LLC SPECIFYING IN REASONABLE DETAIL THE NATURE OF THE DISPUTE AND THE BASIS OF THE ARBITRATION ACTION. AFTER RECEIPT OF SUCH NOTICE, NVH-ICIC VENTURE 2, LLC AND/OR CONTRACTOR MAY INSPECT THE PROPERTY, USING REASONABLE MEASURES INCLUDING DESTRUCTIVE TESTING, TO DETERMINE THE NATURE AND CAUSE OF THE ALLEGED DEFECT(S) AND THE NATURE AND EXTENT OF ANY REPAIRS OR REPLACEMENTS NECESSARY TO REMEDY THE ALLEGED DEFECT(S).
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BUYER SHALL MAKE THE PROPERTY AVAILABLE FOR INSPECTION NO LATER THAN TEN (10) DAYS AFTER BUYER RECEIVED NVH-ICIC VENTURE 2, LLC’ OR CONTRACTOR’S REQUEST FOR AN INSPECTION. IF NVH-ICIC VENTURE 2, LLC OR CONTRACTOR INSPECTS THE PROPERTY AND DETERMINES THAT REPAIRS OR REPLACEMENTS ARE INDICATED, NVH-ICIC VENTURE 2, LLC SHALL THEREAFTER HAVE A REASONABLE PERIOD OF TIME WITHIN WHICH TO CAUSE CONTRACTOR OR A LICENSED SUBCONTRACTOR TO REPAIR OR REPLACE ANY ALLEGED DEFECT(S), AND BUYER SHALL MAKE THE PROPERTY AVAILABLE FOR ANY SUCH REPAIR OR REPLACEMENT ACTIVITIES FROM TIME TO TIME DURING SUCH PERIOD AS MAY BE REASONABLY REQUESTED BY NVH-ICIC VENTURE 2, LLC BEFORE BUYER MAY BRING OR INITIATE AN ARBITRATION ACTION. ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF THIS AGREEMENT OTHER THAN THOSE RELATING TO THE CONSTRUCTION OR CONDITION OF THE PROPERTY (I.E. A “NON-CONSTRUCTION” DISPUTE) MAY BE INITIATED WITH OUT FIRST COMPLYING WITH THE PROVISIONS OF THIS SUBSECTION. NOTWITHSTANDING THE FOREGOING SUBPARAGRAPHS, IN THE EVENT OF A CLAIM, DISPUTE OR CONTROVERSY ARISING AFTER CLOSING IS ALSO COVERED BY DISPUTE RESOLUTION PROCEDURES CONTAINED IN A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHEREBY NVH-ICIC VENTURE 2, LLC OR AN AFFILITE OF NVH-ICIC VENTURE 2, LLC IS THE DECLARANT, THEN SUCH OTHER DISPUTE RESOLUTION PROCEDURES SHALL APPLY IN LIEU OF THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN THIS PARAGRAPH. Buyer’s Initials: _________/__________/________
NOTWITHSTANDING THE FOREGOING SUBPARAGRAPHS, IN THE EVENT OF A CLAIM, DISPUTE OR CONTROVERSY ARISING AFTER CLOSING IS ALSO COVERED BY DISPUTE RESOLUTION PROCEDURES CONTAINED IN THE ARBITRATION AGREEMENT CONTAINED IN THE WARRANTY BOOKLET, THEN SUCH OTHER DISPUTE RESOLUTION PROCEDURES SHALL APPLY IN LIEU OF THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN THIS PARAGRAPH.
Buyer’s Initials: _________/__________/________
UNDER ARIZONA REVISED STATUTES SECTION 32-1155, A BUYER OF A DWELLING HAS THE RIGHT TO FILE A WRITTEN COMPLAINT AGAINST THE HOMEBUILDER WITH THE ARIZONA REGISTRAR OF CONTRACTORS WITHIN TWO (2) YEARS OF THE COMMISSION OF AN ACT IN VIOLATION OF ARIZONA REVISED STATUTES SECTION 32- 1154, SUBSECTION A.
Buyer’s Initials: ___________/__________/__________
17. Buyer's Acknowledgments. Buyer understands and agrees that (i) the locations of utility lines, utility improvements (including, but not limited to, junction boxes, transformers, meters and pedestals), fire hydrants and sewer taps may vary; (ii) fences may encroach on either side of actual lot lines; (iii) NVH-ICIC VENTURE 2, LLC shall have the right, without any obligation or liability to Buyer, to make changes in the design and plan of the Community and in the plans and specifications for any subdivision improvements and changes to plans, elevations, size, features, price and incentives for residences to hereafter be constructed within the Community; (iv) the Plan is copyrighted and cannot, without NVH-ICIC VENTURE 2, LLC' prior written consent, be reproduced or copied for Buyer’s own use; (v) NVH-ICIC VENTURE 2, LLC has not made any representation or warranty with respect to the valuation of the Home relative to the Purchase Price nor regarding the future valuation of the Home or the likelihood of future appreciation of the value of the Home; and (vi) NVH-ICIC VENTURE 2, LLC reserves the right to sell any of the Lots within the Community to other builders. 18. Surrounding Areas. Buyer acknowledges that the character, nature and uses of the areas surrounding the Community and the general vicinity of the Community may change in the future and that future uses of adjacent or nearby property could include transportation, commercial, agricultural, recreational and/or pedestrian uses and/or any number of other uses. Buyer acknowledges that neither NVH-ICIC VENTURE 2, LLC nor Contractor nor their respective agents, employees or subcontractors have made or can make any representation, warranty or covenant of any kind regarding (a) views that may be available from the Home; (b) the height or nature of homes or other improvements to be constructed adjacent to or near the Home; (c) the continuation or cessation of the existing nature, character or uses of the areas surrounding the Home and the Community; (d) the permissibility or likelihood of changes to the existing nature, character or uses of the property surrounding the Community; (e) the presence or level of noise from nearby roadways, airports, property or equipment, whether permanent, temporary or transported on, to or away from nearby locations; (f) whether or not any open or undeveloped space adjacent to the Home or the Community, if any, will remain open space or undeveloped, as Buyer understands that any such areas may be changed or developed in the future.
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Buyer agrees that it has conducted such inquiries with the applicable governmental agencies and other sources Buyer deems necessary regarding the current and planned or permissible future uses of the property surrounding the Community, and Buyer hereby agrees that neither NVH-ICIC VENTURE 2, LLC nor Contractor shall have any liability whatsoever with respect to such matters. In the event that there are designated open spaces, lakes, golf courses or recreational areas within the Community or areas surrounding the Community, NVH-ICIC VENTURE 2, LLC makes no representations with respect thereto.
19. Environmental Matters and Release. The Home and its occupants may now or in the future be exposed to various environmental conditions in or near the Home which may include, without limitation, radon gas, molds, moisture, electromagnetic fields from power lines and appliances, the presence of surface and underground utility facilities and the possibility of air, water and soil pollution. NVH-ICIC VENTURE 2, LLC is not aware of the existence of any such environmental conditions as of the Agreement Date, and Buyer understands that the future occurrence of any such environmental conditions and their effects on Buyer or any occupants of the Home are beyond the control of NVH-ICIC VENTURE 2, LLC and Contractor and, therefore, Buyer hereby acknowledges and agrees that in no event shall NVH- ICIC VENTURE 2, LLC and Contractor have any obligation or liability with respect to any such environmental conditions.
20. Termites. At Closing, NVH-ICIC VENTURE 2, LLC will deliver to Buyer a certificate from the pest control company which applied the termite treatment for the Home. Buyer understands that current governmental regulations limit the types and concentrations of chemicals and methods of application that can be used in attempting to prevent or eradicate termites and, consequently, termites may appear following Closing. Upon notice from Buyer for a period of one (1) year following the date of Closing, the pest control company will be obligated to re-treat any areas of the Home which have become infested with termites. Buyer acknowledges and agrees that in no event will Buyer make any claims against NVH-ICIC VENTURE 2, LLC or Contractor and in no event will NVH-ICIC VENTURE 2, LLC or Contractor have any liability to Buyer or any occupants of the Home for any losses, costs, damages and expenses arising in connection with the existence of termites in or around the Home.
21. Pool/Spa. If Buyer desires to commence construction of a pool and/or spa on the Home Site prior to Closing, Buyer must, as soon as possible following the Agreement Date, enter into a contract with a pool company on NVH- ICIC VENTURE 2, LLC' approved pool company list (the "Pool Contractor") and Buyer shall provide NVH-ICIC VENTURE 2, LLC with a copy of that contract along with a plot plan of the Home, showing the desired location of the pool and/or spa. The design and placement of the pool and/or spa shall be handled by and shall be the sole responsibility of Buyer and Pool Contractor; provided, however, NVH-ICIC VENTURE 2, LLC and the Association shall have the right, in their sole discretion, to approve all plans for the design and placement of the pool and/or spa and any subsequent changes to such plans. Within two (2) business days of any change to the design or location of the pool and/or spa as proposed by Buyer and agreed to by Pool Contractor, Buyer shall provide NVH-ICIC VENTURE 2, LLC, for NVH-ICIC VENTURE 2, LLC' approval, with a copy of any such proposed change. Buyer understands that certain jurisdictions require that safety equipment, such as special fences, automatic door closing mechanisms and/or alarms, be installed on properties with a pool and/or spa. If NVH-ICIC VENTURE 2, LLC permits a pool/spa to be constructed prior to Closing, NVH-ICIC VENTURE 2, LLC shall cause the required safety equipment and devices to be installed and the Purchase Price shall be increased by NVH-ICIC VENTURE 2, LLC' charge for such devices, equipment and the installation thereof.
Notwithstanding any provision contained herein, NVH-ICIC VENTURE 2, LLC makes absolutely no representation or warranty regarding construction of a pool and/or spa and the related safety equipment or the timing of such construction, and the only warranty applicable to such items shall be that provided by the Pool Contractor. In no event will the status of construction of a pool/spa and related improvements have any impact on the date for the Closing, and in no event will Closing be extended nor will NVH-ICIC VENTURE 2, LLC have any liability resulting from the failure of Pool Contractor to complete any such pool/spa improvements prior to Closing. Buyer understands that certain lenders require funds to be escrowed if the pool and/or spa is not complete at the time of the lender's final inspection of the Home. Buyer shall be solely responsible for depositing or paying all such funds and any related fees if required by its lender and the Escrow Agent.
From and after the date of completion of the pool/spa, Buyer shall be solely responsible for the filling of the pool (including water costs), the maintenance and cleaning of the pool and/or spa and NVH-ICIC VENTURE 2, LLC shall have absolutely no responsibility for such filling, cleaning and maintenance of the pool and/or spa. If the pool is filled prior to Closing, NVH-ICIC VENTURE 2, LLC may charge and Buyer shall pay to NVH-ICIC VENTURE 2, LLC a reasonable pool filling charge to cover the water costs.
Page 10 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
22. Construction Area. Federal Government OSHA standards require anyone on a construction site to wear certain protective clothing and safety devices, including, but not limited to, hard hats and safety glasses, and to the extent NVH-ICIC VENTURE 2, LLC permits Buyer on the Home during construction, Buyer shall comply with such requirements. Neither NVH-ICIC VENTURE 2, LLC nor Contractor shall have any responsibility or liability for any injury or loss resulting from or occurring during any entrance by Buyer or its guests or invitees on any construction area within the Community, including the Home, and Buyer shall indemnify NVH-ICIC VENTURE 2, LLC and Contractor from any and all loss, damages, claims, liability or responsibility resulting from any such entry by Buyer or its guests or invitees. Any communication regarding the construction of the House must be handled by Buyer setting an appointment through NVH-ICIC VENTURE 2, LLC’ sales representative for the Community, and Buyer shall not make any direct contact with any workmen, suppliers, superintendents or subcontractors of NVH-ICIC VENTURE 2, LLC or Contractor or their employees.
23. Brokerage Disclosure. Buyer acknowledges that RSP NVH-ICIC VENTURE 2, LLC Realty, an affiliated entity of NVH- ICIC VENTURE 2, LLC, is a licensed Arizona broker. NVH-ICIC VENTURE 2, LLC’ on-site sales representatives for the Community represent only NVH-ICIC VENTURE 2, LLC and are not Buyer’s agents. NVH-ICIC VENTURE 2, LLC does not utilize subagents and, therefore, if Buyer was shown a Home by a real estate agent other than NVH-ICIC VENTURE 2, LLC' on-site sales representative at the Community, that outside agent is Buyer's agent and solely represents Buyer. NVH-ICIC VENTURE 2, LLC will only pay a co-brokerage fee or commission to a licensed broker which represents Buyer from the inception of Buyer’s dealings with NVH-ICIC VENTURE 2, LLC (the “Buyer’s Broker”), and only if such Buyer’s Broker is identified on the Summary. If no such Buyer’s Broker is identified on the Summary, NVH-ICIC VENTURE 2, LLC shall have no responsibility to pay any co-brokerage fee in connection with this transaction. Buyer represents and warrants to NVH-ICIC VENTURE 2, LLC that it has not dealt with any other agents, brokers, salespersons, finders or other persons other than as disclosed on the Summary, if applicable, and Buyer shall hold NVH-ICIC VENTURE 2, LLC harmless from and against any and all claims, demands, liability, expenses and attorneys’ fees sustained or incurred by NVH-ICIC VENTURE 2, LLC as the result of any claim to a commission or other compensation made by any other broker or salesperson with respect to this transaction.
24. Miscellaneous. A. If Buyer defaults in its obligations under this Agreement and, as a result thereof, NVH-ICIC VENTURE 2, LLC retains the services of one or more attorneys to enforce its rights or remedies under this Agreement and whether or not a lawsuit is filed, NVH-ICIC VENTURE 2, LLC shall be entitled to recover from Buyer all reasonable legal fees and all other costs, including court costs, incurred by NVH-ICIC VENTURE 2, LLC in connection therewith.
B. This Agreement shall inure to the benefit of and bind the parties hereto and their heirs, executors, representatives, administrators, successors and assigns; provided, however, Buyer may not sell, assign or otherwise transfer its rights hereunder without the prior written consent of NVH-ICIC VENTURE 2, LLC, which may be withheld in NVH-ICIC VENTURE 2, LLC' sole discretion.
C. Any failure or delay of NVH-ICIC VENTURE 2, LLC to enforce any provision hereof shall not be construed as modifying in any way the terms hereof or as waiving NVH-ICIC VENTURE 2, LLC' rights to enforce the provisions hereof. No waiver of NVH-ICIC VENTURE 2, LLC' rights hereunder shall preclude NVH-ICIC VENTURE 2, LLC' subsequent exercise of its rights hereunder. D. This Agreement and the rights of the parties hereunder shall be governed by the laws of the State of Arizona. E. The captions in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or the intent of this Agreement or any provisions hereof. F. Time is of the essence of this Agreement and every term and provision hereof. G. In the event any term, condition or provision of this Agreement is declared illegal, invalid or unenforceable for any reason, the remaining terms, conditions and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 25. Notices. Except where oral notices are expressly permitted under this Agreement, all notices to be given by either party to the other shall (i) be in writing; (ii) be effective on the earlier of the day of hand-delivery thereof to the party to whom directed, one (1) day following the date of deposit thereof with delivery charges prepaid with a national delivery service two (2) days following the day of deposit in the United States mail, first class, registered or certified postage prepaid and upon transmission if provided by facsimile or electronic transmission; and (iii) shall be addressed to the party to receive the notice at the applicable address as set forth in the Summary or at such other address as may be indicated by a party by written notice to the other.
Page 11 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
26. ENTIRE AGREEMENT.
A. NVH-ICIC VENTURE 2, LLC WISHES TO AVOID ANY MISUNDERSTANDING CONCERNING THE PURCHASE OF THE HOME. IT IS THE POLICY OF NVH-ICIC VENTURE 2, LLC NOT TO ENTER INTO ANY ORAL AGREEMENT OR TO ASK ANY BUYER TO RELY ON ANY ORAL REPRESENTATIONS CONCERNING THE HOME, THE COMMUNITY OR THE SURROUNDING AREA. THE ENTIRE AGREEMENT BETWEEN BUYER AND NVH-ICIC VENTURE 2, LLC MUST BE IN WRITING. THEREFORE, BUYER SHALL WRITE IN BELOW ANY REPRESENTATIONS OR PROMISES WHICH ARE NOT SET OUT IN THIS AGREEMENT BUT WHICH HAVE BEEN MADE BY NVH-ICIC VENTURE 2, LLC OR ITS PURPORTED AGENTS OR EMPLOYEES AND UPON WHICH BUYER IS RELYING IN MAKING THIS PURCHASE, AND IF THERE ARE NONE, BUYER SHALL SO INDICATE BY WRITING THE WORD "NONE":
NONE
TO INDUCE NVH-ICIC VENTURE 2, LLC TO ACCEPT THIS AGREEMENT AND AS MATERIAL CONSIDERATION TO NVH-ICIC VENTURE 2, LLC TO ACCEPT THIS AGREEMENT, BUYER ACKNOWLEDGES THAT (I) THERE ARE NO UNDERSTANDINGS, REPRESENTATIONS OR PROMISES OF ANY KIND THAT HAVE BEEN MADE TO INDUCE BUYER TO EXECUTE THIS AGREEMENT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT; (II) THIS AGREEMENT SETS FORTH IN FULL THE ENTIRE AGREEMENT BETWEEN THE PARTIES; (III) BUYER HAS NOT RELIED ON ANY ORAL AGREEMENT, STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT; AND (IV) NO PERSON ON BEHALF OF NVH-ICIC VENTURE 2, LLC IS AUTHORIZED TO MAKE ANY FUTURE ORAL AGREEMENT UPON WHICH BUYER MAY RELY TO CANCEL, CHANGE OR MODIFY ANY PORTION OF THIS AGREEMENT.
B. This Agreement supersedes any and all prior understandings and agreements between the parties.
C. This Agreement may be amended or modified only by a written addendum signed by Buyer and an Authorized Officer of NVH-ICIC VENTURE 2, LLC. Notwithstanding the foregoing, if Buyer consists of a husband and wife or otherwise consists of more than one person, the signature of only one of such Buyers shall be required to enter into any addendum, change order or other modification to this Agreement for the purposes of purchasing Options or providing for modifications to the Home or the Agreement, and each Buyer hereby grants the other Buyer an irrevocable special power of attorney to enter into such addendums, change orders and other modifications to this Agreement, and any such addendums, Change Orders, updated Summaries and other modifications executed by one of the Buyers shall be binding upon all Buyers and, once signed by NVH-ICIC VENTURE 2, LLC, such instrument(s) shall effectively amend this Agreement.
27. Acceptance by NVH-ICIC VENTURE 2, LLC. Execution of the Agreement by Buyer constitutes an offer to purchase the Home. The Agreement shall be deemed accepted by and shall be binding upon NVH-ICIC VENTURE 2, LLC only when it is executed by an authorized officer of NVH-ICIC VENTURE 2, LLC (the "Authorized Officer") and the designated or associate broker of NVH-ICIC VENTURE 2, LLC, and the execution or acceptance of this Agreement by any salesman, broker, agent or employee of NVH-ICIC VENTURE 2, LLC other than the Authorized Officer of NVH-ICIC VENTURE 2, LLC shall not be binding upon NVH-ICIC VENTURE 2, LLC. Unless this Agreement is accepted by NVH- ICIC VENTURE 2, LLC in accordance with the preceding sentence within thirty (30) days, this offer shall be deemed revoked and the Earnest Money shall be returned to Buyer. The date of this Agreement shall be the date of acceptance by the Authorized Officer as herein described (the "Agreement Date"). This Agreement is subject to a prior sale of the Home, and in the event of such prior sale, NVH-ICIC VENTURE 2, LLC shall return the Earnest Money to Buyer and neither party shall have any duty, obligation or responsibility to the other under this Agreement. WHEN SIGNED BY BUYER AND ACCEPTED BY NVH-ICIC VENTURE 2, LLC IN ACCORDANCE WITH THIS SECTION, THIS AGREEMENT WILL BECOME A LEGALLY BINDING AGREEMENT. PLEASE MAKE SURE THAT ALL PROVISIONS ARE READ AND UNDERSTOOD. IF YOU DO NOT UNDERSTAND ANY PROVISION, YOU SHOULD SEEK LEGAL ADVICE.
28. Public Report. THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE DISCLOSURE REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT. BUYER HEREBY ACKNOWLEDGES THAT, PRIOR TO THE SIGNING OF THIS AGREEMENT, BUYER HAS RECEIVED AND READ A COPY OF THE PUBLIC REPORT FOR THE COMMUNITY ISSUED BY THE ARIZONA DEPARTMENT OF REAL ESTATE.
Buyer’s Initials: ___________/__________/__________/__________
Page 12 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
3/12/2023 _______________________________________________________________ Lauren S. Kim - Signature Date _______________________________________________________________ N/A _______________________________________________________________ N/A
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY SELLER, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS SIGNED AND COMPLETED:
3/12/2023 By:____________________________________________________________
Its: Authorized Officer Date
3/12/2023 Designated Broker: ______________________________________________
Date
Page 13 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Deposit Instructions
Lauren S. Kim March 12, 2023 Buyer Contract Date
LA VALENCIA $5,000.00 Lot Community Amount
Keta Fay Sales Representative
X First Arizona Title Agency
Notes: DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PUBLIC REPORT RECEIPT
The developer shall furnish you, as a prospective customer, with a with a copy of the public report required by the Arizona Department of Real Estate. It is recommended that you read the report before you make any written offer to purchase or lease an interest in the development and before you pay any money or other consideration toward the purchase of lease or an interest in the development.
FOR YOUR PROTECTION, DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE RECEIVED A COPY OF THE REPORT AND HAVE HAD THE OPPORTUNITY TO READ IT. BY SIGNING THIS RECEIPT THE BUYER HAS ACCEPTED THE PUBLIC REPORT AND ACKNOWLEDGES THE INFORMATION IT CONTAINS.
LA VALENCIA DM20-060237 60 (Public Report Registration No.) (Development Name and Lot No.)
I understand that the report is not a recommendation or endorsement of the development by the Arizona Department of Real Estate, but is for information only.
9010 S. Priest dr. Apt# 1125 (Buyer) (Current Street Address)
Tempe AZ 85248 (Buyer) (City) (State) (Zip)
3/12/2023 (Buyer) (Date) DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Warranty Manual Receipt
Community LA VALENCIA Date 3/12/2023
Lot 60
Buyer Lauren S. Kim Sales Rep Keta Fay Buyer 0
Buyer has received the Warranty Manual which details the terms of warranty.
The Buyer understands that there are specific time frames and exclusions to the warranty which are detailed in the Warranty Manual.
Buyer has received and signed the Grading and Drainage Disclosure during the Buyer's Home Orientation.
X 3/12/2023
Lauren S. Kim - Signature Date
X N/A Date
X N/A Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
La Valencia Vehicles and Parking Disclosure
Buyer understands that certain parking rules are in effect at La Valencia and will be enforced by the Home Owner’s Association.
1. Motor vehicles owned or leased by an Owner, Lessee or Resident of a Lot must be parked in the garage situated on the Lot to the extent space is available in the garage for the parking of such Motor Vehicles. If space is not available in the garage, then the Motor Vehicle owned or leased by an Owner, Lessee or Resident of a Lot may be parked on the driveway constructed as part of the initial construction of Improvements on the Lot.
2. Motor Vehicles owned or leased by guests of an Owner, Lessee or other Resident may be parked in the driveway on a Lot, or on portions of the Common Area that have been improved for parking (“Guest Parking Areas”); provided however, parking on Guest Parking Areas is limited to no more than twelve (12) consecutive hours.
3. No on-street parking is allowed at anytime except in designated parking areas of the Common Area that have been improved for parking.
4. Garages shall not be converted to living spaces or altered or used for purposes which would prevent the use of the garage for the parking of the number of vehicles for which it was designed.
5. Additional rules for parking and storage of vehicles are included in section 8.5 of the recorded CCR’s.
LOT # 60
3/12/2023
Lauren S. Kim - Signature Date
N/A Date
N/A Date
N/A Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
1/[1] 24-Jun-2022 Yes Yes Options & Upgrades Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] STD ELEV-00010 Elevation A 1.00 / Each
2/[2] OPT SCHM-A1002_1 Color Scheme A-2.1; Roof Sandstorm, White Windows, SW 1.00 / Each Paint 3/[3] OPT MULT-00010 20'x8' Multi Slide Door @ Great Room, 4 panel, step, white 1.00 / Each $7,500.00 frame
8/[9] UPG APPL-00100 Gourmet Kit- Appliance Pkg Included Whirlpool SS 1.00 / Each WDT730PAHZ Dishwasher WMC30516HZ Microwave w/ MK2160AS Trim Kit WCE55US0HS Cooktop WVW51UC0FS Hood w/ EXTKIT10ES Extension Kit WOS72EC0HS Wall Oven
9/[10] UPG CTOP-00020 Slab Countertop Kitchen Group 2- 2cm with 1-1/2" Edge 1.00 / Lump Sum $3,075.00
10/[13] STD CTOP-00310 Cultured Marble Square Integral Sinks w/ Square Edge (at 1.00 / Lump Sum all locations) 11/[14] UPG CPAD-00020 Pad Upgrade 579.00 / Lump $579.00 Sum Pad Type: 1/2" 6lb. Spring
12/[15] UPG CRPT-00010 Carpet Upgrade (See Pricing Worksheet) 1,770.00 / Lump $1,770.00 Sum 13/[16] UPG TILE-00010 Floor Tile Upgrade (See Pricing Worksheet) 8,879.00 / Lump $8,879.00 Sum
16/[19] UPG DOOR-00010 Hollow Core Interior Doors Riverside/Rockport 1.00 / Lump Sum $150.00
18/[21] UPG TRIM-00010 Baseboard Smooth Style- 5-1/4" MFP603, Casing 3-1/4" 1.00 / Lump Sum $755.00 MFP433
19/[22] UPG PAINT-00010 2 Tone Paint Sherwin Williams- Ceiling-Alabaster Flat, 1.00 / Lump Sum $3,050.00 Trim-Alabaster Semi-Gloss, Walls Eggshell Color: Agreeable Gray
20/[23] UPG BATH-00020 Enlarge Owners Shower. Prep for Tile. 3/16" Glass Surround 1.00 / Each $360.00 at 80" w/ Swinging Door. Must Select Tile
22/[25] UPG FAUC-00022 Kitchen Faucet - Moen Sleek Upgraded Finish 1.00 / Each $470.00 Style: Spot Resistant Stainless
23/[26] UPG PLFX-00015 Bath Package- Upgrade 1 One Handle Brushed Nickel 1.00 / Lump Sum $1,895.00 Style: Genta
24/[27] UPG PLMB-00100 Preplumb for Sink at Laundry 1.00 / Each $240.00
October 29, 2022 14:10 Karen Daly Page 1 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
25/[28] UPG PLMB-00200 Soft Water Loop 1.00 / Each $375.00
26/[29] UPG SINK-00020 Kitchen Sink Single Bowl Undermount Stainless 1.00 / Each $40.00
27/[30] UPG ELEC-0001 Ceiling Fan Prewire (includes 2 switches) 2.00 / Lump Sum $340.00 Great room (1), Dining room (1)
28/[31] UPG ELEC-0003 Prewire for 3 Pendant Lights at Island with Switch 1.00 / Lump Sum $320.00
29/[32] UPG ELEC-0011 Additional 110 Outlet (Interior only) 2.00 / Lump Sum $200.00 Great room (1), Dining room (1)
30/[33] UPG LOWV-00001 Low Voltage Options 908.00 / Lump $908.00 Sum
31/[34] UPG KNOB-00020 SOL Hardware Level 2 1.00 / Lump Sum $1,185.00 Drawers & Doors: Highland Ridge - (96mm) BP55317CZ CHAMPAGNE BRONZE Addendum 1 Summary Sub Total $32,091.00 Incentives Discounts Grand Total $32,091.00
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
2/[2] 13-Aug-2022 Yes Yes Door hardware Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] UPG HDWR-00030 Upgraded Door Hardware Level 1 1.00 / Lump Sum $445.00 Style: Singapore, Color: Brushed Nickel
Addendum 2 Summary Sub Total $445.00 Incentives Discounts Grand Total $445.00
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
3/[3] 29-Oct-2022 Yes Yes New Options Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] UPG KTCN-00041 Gourmet Kitchen (HCI Cabinets)- Pull Out Trash Bins, Full 1.00 / Lump Sum $18,300.00 Overlay Doors, Soft Closing Doors & Drawers & Hardware
October 29, 2022 14:10 Karen Daly Page 2 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
WHITE SHAKER Dravers & Doors: Highland Ridge pull 96mm BP55317CZ Champagne Bronze 2/[2] UPG WTIL-00200 Wall Tile- See Drawing 5,539.00 / Lump $5,539.00 Sum Enlarged shower tile Owners Bathroom Addendum 3 Summary Sub Total $23,839.00 Incentives Discounts Grand Total $23,839.00
Lot 0060 Summary Sub Total $56,375.00 Incentives Discounts Grand Total $56,375.00
3/12/2023
Lauren Kim
October 29, 2022 14:10 Karen Daly Page 3 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
TRANSACTION SUMMARY
This Transaction Summary together with the attached Purchase Agreement and Escrow Instructions and any exhibits and addendum attached thereto (collectively, the "Agreement") will, once fully executed, constitute the home described below (the "Home"). This Agreement will not be binding upon NVH-ICIC VENTURE 2, LLC until accepted by an authorized officer of NVH-ICIC VENTURE 2, LLC. Execution by a New Village Homes Sales Representative does not constitute acceptance by NVH-ICIC VENTURE 2, LLC.
BUYER(S) IDENTIFICATION:
Lauren S. Kim A Single Woman Buyer Status
- - 808-228-3756 Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
- Buyer Status
- - - Home Phone Work Phone Cell Phone
9010 S. Priest dr. Apt# 1125 Tempe AZ 85248 Current Address City State Zip Code
[email redacted] N/A N/A N/A Email - Buyer 1 Email - Buyer 2 Email - Buyer 3 Email - Buyer 4
Fax Number: N/A
HOME YOU HAVE CONTRACTED TO PURCHASE: LA VALENCIA 201 A TBD Homesite/Lot # Community/Subdivision Plan & Elevation Projected Close Date
4081 E. Augusta Avenue Maricopa Chandler AZ 85249 Home Address County City State Zip Code DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PURCHASE PRICE AND PAYMENT SCHEDULE: Total Purchase Price $ 579,000 Initial Deposit paid upon signing this agreement X Check 143 $ 5,000 Payment Type Pymt Reference Additional Deposit(s); payable as follows: $ - on or before 6/10/2023 $ - on or before 7/10/2023 $ - on or before
Cash due at Closing (including loan, but excluding Buyer's Closing & financing costs) $ 574,000
ESCROW AGENT: Title Company: First Arizona Title Agency Branch Address: 2121 W. Chandler Blvd, Suite #100 Chandler, AZ 85224 Phone Number: 480.385.6400
FINANCING PROVIDER: Buyer shall obtain its financing for the Home from or through the lender/mortgage broker indicated below.
Financing Information: X Outside Lender Type of Financing: VA
Buyer’s Initials: ___________/__________/__________/__________ VA
Buyer will obtain its mortgage financing from New Village Homes' Preferred Lender: Preferred Lender Bell Mortgage , LLC Flagstar Bank 4435 E. Chandler Blvd., Suite #130 1100 W. Town and Country Rd, Stuie 1250 Phoenix, AZ 85048 Orange, CA 92868 Lender Contact: Robyn Kloner Lender Contact: Tony Meza Phone: 602-740-0020 Phone: 657-235-5036 Fax: 480-339-8550 Fax: 800-882-7395
Buyer will obtain its mortgage financing from the following outside lender:
Name: Chase Home Lending Branch Address: 802 N. Gilbert Lender Contact: Jennifer Shinyeda Work Phone: - E-mail Address: [email redacted] Cell Phone: 909-234-2079
Buyer understands that if it is indicated above that Buyer will obtain its financing through the Preferred Lender, the Buyer shall be entitled to the Preferred Lender Incentive, if any. If Buyer does not obtain its financing through the Preferred Lender, the Buyer shall not be entitled to the Preferred Lender Incentive.
Buyer’s Initials: ___________/__________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
BUYER'S AGENT: Consistent with Section 23 of the attached Purchase Agreement and Escrow Instructions, Buyer acknowledges that Buyer has been represented by the following real estate agent: Buyer's Agent RosieCalderon Buyer's Agent Broker: Home Smart Work Phone: Cell Phone: 602-410-7934 E-Mail Address: [email redacted]
WHEN SIGNED BY BUYER AND ACCEPTED BY NEW VILLAGE HOMES IN ACCORDANCE WITH SECTION 27 OF THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS, THIS AGREEMENT WILL BECOME A LEGALLY BINDING AGREEMENT. PLEASE MAKE SURE THAT ALL PROVISIONS ARE READ AND UNDERSTOOD BEFORE SIGNING. IF YOU DO NOT UNDERSTAND ANY PROVISION, YOU SHOULD SEEK LEGAL ADVICE.
BUYER: 3/12/2023 Submitted by: Keta Fay Lauren S. Kim Date New Village Homes' Sale Representative Date: March 12, 2023 N/A Date
N/A Date
N/A Date
THIS SUMMARY AND THE AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY SELLER, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS SIGNED AND COMPLETED:
NVH-ICIC VENTURE 2, LLC 3/12/2023 By:_________________________________________ Date:___________________________ Its: Authorized Officer
3/12/2023 Designated Broker:________________________________ Date:___________________________ (if other than Authorized Officer)
Buyer’s Initials: ___________/__________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Purchase Price Summary Buyer Lauren S. Kim Community LA VALENCIA Lot 60 Plan 201 Elevation A Enhanced Side Elevation N Enhanced Rear Elevation N
Purchase Price Base Price $ 596,990 Lot Premium $ 2,500 Elevation A $ - Enhanced Side Elevation - N $ - Enhanced Rear Elevation - N $ - Design options $ 56,375 Spec incentive $ (76,865)
Total Purchase Price 579,000.00
Preferred Lender Incentive to be used towards option and upgrades, not applicable to base price. 3/12/2023
Lauren S. Kim - Signature Date
N/A Date
N/A Date
N/A Date
Submitted by:
Keta Fay March 12, 2023 New Village Homes' Sale Representative Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
ADDENDUM TO PURCHASE AGREEMENT BUYER Lauren S. Kim SALES REPRESENTATIVE Keta Fay
BUYER - DATE OF CONTRACT March 12, 2023
BUYER - DATE OF ADDENDUM March 12, 2023
COMMUNITY LA VALENCIA PLAN # 201
LOT # 60 ELEVATION A
The terms, covenants and provisions contained in this Addendum constitute a part of the Purchase Agreement between Buyer and Seller:
Buyer and Seller agree to contribute up to $34,740. to be used towards, Rate buy down, closing cost and or pre-paids.
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.
BUYER(S): NVH-ICIC VENTURE 2, LLC
3/12/2023 3/12/2023 Lauren S. Kim DATE Authorized Officer DATE
N/A DATE BROKER:
3/12/2023 N/A DATE Authorized Officer DATE DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
COMMUNITY: LA VALENCIA HOMESITE #: 60 BUYER: Lauren S. Kim BUYER: BUYER:
This Purchase Agreement and Escrow Instructions and the attached Transaction Summary (collectively, the “Agreement”) , as entered into by and between NVH-ICIC VENTURE 2, LLC (“NVH-ICIC VENTURE 2, LLC” or “Seller”) and the undersigned buyer (“Buyer”), once accepted by NVH-ICIC VENTURE 2, LLC in accordance with Section 27 below, shall constitute a binding purchase agreement between NVH-ICIC VENTURE 2, LLC and Buyer. 1. Transaction Summary. The Transaction Summary (“Summary”) identifies the Home, including the applicable Home Site and home plan, the Community in which the Home Site is located, the Purchase Price and the deposit amounts, the Lender and other terms of this transaction and references to items herein shall be deemed to refer to the applicable information set forth in the Summary. Buyer acknowledges that the terms and information contained in the Summary are accurate in all respects. 2. Purchase and Sale. NVH-ICIC VENTURE 2, LLC agrees to sell and Buyer agrees to purchase the Home Site, together with a residential dwelling and related improvements which has been constructed, is currently being constructed and/or will be constructed thereon (the “House”) substantially in accordance with the house plan identified on the Summary (the “Plan”). The Plan is on file in the office of NVH-ICIC VENTURE 2, LLC and is available for review by Buyer during NVH-ICIC VENTURE 2, LLC’s normal business hours. The Home Site and the House shall, collectively, be referred to in the Agreement as the “Home”.
BUYER AGREES THAT ANY DISPUTE BUYER MAY HAVE WITH NVH-ICIC VENTURE 2, LLC AND/OR CONTRACTOR (AS DEFINED BELOW) RELATING TO THIS AGREEMENT SHALL BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT, AND BUYER UNDERSTANDS THAT IT IS, PURSUANT TO SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT, VOLUNTARILY WAIVING ITS LEGAL RIGHT TO FILE A LAWSUIT AND IS WAIVING ITS LEGAL RIGHT TO HAVE A JURY TRIAL. THERE ARE ALSO CERTAIN COSTS ASSOCIATED WITH ARBITRATION AS REFERENCED WITHIN SECTIONS 15(C) AND 16(C) OF THIS AGREEMENT.
3. Escrow. Seller and Buyer hereby appoint First Arizona Title Agency, located at 2121 W. Chandler Blvd., Suite #100, Chandler, AZ 85224, to serve as escrow agent (“Escrow Agent”) for this transaction, and the parties instruct Escrow Agent to accept this Agreement as its escrow instructions and to establish an escrow for this transaction (the “Escrow”). 4. Purchase Price. The total purchase price for the Home (the “Purchase Price”), as identified in the Summary and as may be modified by any addendum which may hereafter be entered into, shall be paid in certified U.S. funds as follows: A. An initial deposit in the amount shown in the Summary (the “Initial Deposit”) shall be paid to First Arizona Title Agency concurrently with Buyer’s execution of the Agreement. B. One or more additional deposit(s) in the amount(s) shown in the Summary (the “Additional Deposit”) shall be paid as additional earnest money directly to First Arizona Title Agency when required pursuant to the Summary. C. The balance of the Purchase Price shall be paid by Buyer at Closing (as defined below). D. Earnest Money. The Initial Deposit shall constitute the earnest money deposit under the Agreement (the “Earnest Money”), and the Earnest Money shall be deemed to be increased by and to include the Additional Deposit(s), all payments for Options and all other deposits, once paid. NVH-ICIC VENTURE 2, LLC hereby acknowledges receipt of the Initial Deposit. E. Neutral Escrow Account. Prospective Purchasers are advised that Earnest Money, deposits, down payments and other advance money will be placed in a neutral escrow account held by the Escrow Agent.
Buyer’s Initials: ___________/__________/__________
Page 1 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
5. If You Need a Loan.
A. Loan Qualification and Approval. If Buyer intends to obtain a loan to finance its purchase of the Home, Buyer shall have fourteen (14) days from the Agreement Date (the “Financing Contingency Period”) to make all necessary financing arrangements and to obtain all necessary approvals for such loan (collectively, the “Approval”). Buyer shall submit a complete, truthful and proper loan application to the lender identified on the Summary (the “Lender”) within five (5) days from the Agreement Date, and Buyer shall thereafter diligently pursue the Approval by Lender for such loan. Buyer shall, within five (5) days of the Agreement Date, provide NVH-ICIC VENTURE 2, LLC with proof that Buyer has submitted the loan application to the Lender, which proof shall include the name, address and telephone number of the loan officer for the loan. Buyer shall provide Lender with all documents reasonably requested by Lender within five (5) days of request by Lender.
Buyer shall provide NVH-ICIC VENTURE 2, LLC with a copy of Buyer's pre-qualification approval within five (5) days of Buyer's receipt thereof, and Buyer shall thereafter diligently pursue the Approvals for such loan. If Buyer uses NVH-ICIC VENTURE 2, LLC’ Preferred Lender, Buyer hereby authorizes the Preferred Lender to provide directly to NVH-ICIC VENTURE 2, LLC a copy of Buyer's pre-qualification approval from the Preferred Lender. For the purposes of this Section 5(A), such pre-qualification approval from Preferred Lender shall constitute the Approval. If Buyer is unable to obtain the necessary Approval within the Financing Contingency Period, either party may cancel this Agreement by providing the other party and Escrow Agent with a written cancellation notice prior to the expiration of the Financing Contingency Period, whereupon this Agreement shall be canceled and the Earnest Money shall be returned to Buyer. Upon such cancellation, neither party shall thereafter have any further rights, obligations or liabilities to the other party hereunder, including any obligation on the part of NVH-ICIC VENTURE 2, LLC to commence construction or to continue construction of the home. If Buyer does not provide such cancellation notice to NVH-ICIC VENTURE 2, LLC and Escrow Agent prior to the expiration of the Financing Contingency Period, and if NVH-ICIC VENTURE 2, LLC elects not to cancel this Agreement as a result thereof, this financing contingency shall be deemed satisfied or waived and Buyer shall thereafter be obligated to fully and timely comply with all terms and provisions of this Agreement. If at any time after the Financing Contingency Period and before Closing Buyer is unable or unwilling to provide a written loan approval upon request by NVH-ICIC VENTURE 2, LLC, NVH-ICIC VENTURE 2, LLC may cancel this Agreement by providing Buyer and Escrow Agent with a written cancellation notice, whereupon this Agreement shall be cancelled and the Earnest Money shall be retained by NVH-ICIC VENTURE 2, LLC as liquidated damages and not as a penalty.
B. Your Relationship with the Lender. Buyer acknowledges and agrees that the financing arrangement and relationship shall be between Buyer and Lender and in no event shall NVH-ICIC VENTURE 2, LLC have any responsibility, obligation or liability for any matters or disputes that arise in connection with such financing arrangement. If Buyer locks into a loan program with its Lender, Buyer shall bear all risks of lock expiration and rate fluctuations. In no event shall Closing be delayed because of financing considerations or because of disputes between Buyer and its Lender. Buyer agrees to pay all loan origination fees, discount points, other mortgage costs and expenses, mortgage insurance premiums, appraisal fees, credit report fees, Lender's title insurance policy premiums, prepaid items and impounds and holdbacks required by its Lender and all other costs of financing. It shall be incumbent upon Buyer to select its mortgage broker and/or Lender, and Buyer shall, on the Summary indicate the mortgage broker and/or Lender Buyer intends to use to obtain such financing.
If the Summary indicates that Buyer shall obtain its mortgage loan through a Preferred Lender, the Buyer may receive a Preferred Lender Incentive identified on the Summary. If the Summary indicates Buyer is to use a Preferred Lender, but Buyer does not actually receive its mortgage financing through the Preferred Lender, Buyer shall not be entitled to the Preferred Lender Incentive. Buyer authorizes NVH-ICIC VENTURE 2, LLC to order or obtain a credit report regarding Buyer from a credit reporting agency or other source. Buyer also authorizes NVH- ICIC VENTURE 2, LLC to contact Buyer's Lender regarding the status of Buyer's financing and authorizes Buyer's Lender to disclose to NVH-ICIC VENTURE 2, LLC all information regarding Buyer's loan.
Page 2 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
C. If You Are a Veteran. The provisions set forth in this Section shall apply only if Buyer is purchasing the Property with a loan guaranteed by the U.S. Department of Veteran Affairs ("VA"). Notwithstanding any other provisions contained in this Agreement to the contrary, a VA Buyer shall not incur any penalty by forfeiture of Earnest Money or otherwise be obligated to complete the purchase of the Home if the Purchase Price exceeds the reasonable value of the Home as established by the Veterans Administration. A VA Buyer shall, however, have the privilege and option of proceeding with the consummation of this Agreement without regard to the reasonable value of the Home established by the VA. NVH-ICIC VENTURE 2, LLC will complete the dwelling in substantial conformance with the VA approved plans and specifications for the Home and will deliver the Home to Buyer when completed. All Earnest Money and other deposits received from a VA Buyer will be placed in a neutral escrow account as required by 38 U.S.C. § 3706.
X Applicable _____Not Applicable _____
Buyers Initials ____________/___________/___________
6. Design Center Selections and Options. A. 14-Day Selection Period. In order to minimize delays and maximize efficiencies in the construction process, Buyer agrees that, within fourteen (14) days following the Agreement Date, Buyer will (a) make all selections of all materials and finishes (including, without limitation, floor coverings, cabinets, countertops, appliances, light fixtures, roof tile, plumbing fixtures and paint colors) from among those offered for the Home by NVH-ICIC VENTURE 2, LLC on the Agreement Date at no extra charge (“Standard Selections”) and (b) select all extra and upgraded features and options from those offered by NVH-ICIC VENTURE 2, LLC for the Home (the “Options”).
Buyer understands that Buyer shall have no right to request and NVH-ICIC VENTURE 2, LLC shall have no obligation to consider making any changes or upgrades to the Home other than the Standard Selections and Options selected by Buyer from those offered by NVH-ICIC VENTURE 2, LLC. Buyer understands and agrees that, except as may be provided under Section 21 below with respect to the addition of a swimming pool and/or spa, no additions, deletions or other changes regarding the Home will be permitted after the fourteen (14) day selection period; provided, however, NVH-ICIC VENTURE 2, LLC reserves the right at any time to cancel any addition, deletion or change, and in such event NVH-ICIC VENTURE 2, LLC shall refund all amounts paid by Buyer for such deleted items.
Should Buyer fail to make all of its selections within such fourteen (14) day period, NVH-ICIC VENTURE 2, LLC may either (i) make such selections within its sole discretion, in which event NVH-ICIC VENTURE 2, LLC’ selections shall be final; (ii) await Buyer’s selections, in which event the Purchase Price shall be increased by an amount equal to two hundred fifty dollars ($250) for each day that Buyer delays in making the selections; or (iii) cancel this Agreement and retain the Earnest Money theretofore paid by Buyer as liquidated damages for Buyer’s breach of this Agreement and not as a penalty. NVH-ICIC VENTURE 2, LLC shall have no obligation to consider any Buyer requests for Options after the fourteen (14) day selection period has expired. To be incorporated into the Home, all approved Options must be itemized on the appropriate Home Options Selection Addendum; Flooring Addendum or Personalized Option Request Form (the “Option Addenda”) and signed by Buyer.
Available Options and the prices for Options are to be determined by NVH-ICIC VENTURE 2, LLC and are subject to change at the discretion of NVH-ICIC VENTURE 2, LLC. The minimum charge to change or delete an item, if the change or deletion is approved by NVH-ICIC VENTURE 2, LLC, will be two hundred fifty dollars ($250), which charge must be paid at the time such change or deletion is requested. Buyer shall make Additional Deposits as required by Seller for all approved Options in accordance with the timetable established in the Summary. Buyer is aware that any model home and promotional materials which Buyer may have viewed prior to execution of this Agreement may have extra design features, decorations, floor coverings, decorator light fixtures, wall coverings, window treatments (such as shutters, drapes, etc.), landscaping, pool, spa, sound and alarm systems, furnishings, appliances and other designer/decorator features and amenities as shown therein which are not included as part of the Home unless specifically provided for in this Agreement or in a subsequent written Addendum approved by NVH-ICIC VENTURE 2, LLC. Buyer hereby acknowledges that it has received a list of the standard features for the Home and a list of the available options and other non-standard features contained in or made to the model for the Home purchased, and Buyer understands that in order to incorporate any Options shown in any model or brochures but not shown on the Plan, the necessary Option Addenda to this Agreement must first be entered into between NVH-ICIC VENTURE 2, LLC and Buyer in accordance with this Section 6 and the Purchase Price must be adjusted as required by NVH-ICIC VENTURE 2, LLC.
Page 3 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
B. If Your Home Is Complete or Under Construction. Notwithstanding the foregoing provisions or any other provisions of this Agreement, if the Home is already fully or partly constructed as of the Agreement Date, Buyer shall only be entitled to make Standard Selections and select Options and make modifications to the Home to the extent NVH-ICIC VENTURE 2, LLC, in its sole and absolute discretion, specifically authorizes Buyer to do so in a written Addendum to this Agreement. Should Buyer request and NVH-ICIC VENTURE 2, LLC agree to allow pre- installed items to be removed from the Home, Buyer shall be responsible for any charges established by NVH-ICIC VENTURE 2, LLC for the removal of such items, and Buyer shall pay such amounts to NVH-ICIC VENTURE 2, LLC at such time as established by NVH-ICIC VENTURE 2, LLC and all such amounts shall be non-refundable to Buyer.
7. Construction. A. Construction of Your Home. The Home has been or will be constructed by NVH-ICIC VENTURE 2, LLC MANAGEMENT NO. 1, LLC (“Contractor”), which is an affiliate of NVH-ICIC VENTURE 2, LLC and which holds Arizona Residential Contractor's License No. ROC 321001 and Contractor will hire subcontractors of its choice to construct the Home. All material and labor will be supplied by subcontractors and/or suppliers approved by NVH- ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC has endeavored or shall endeavor to cause the Home to be constructed in substantial conformance with the Plan. However, due to the nature of construction, Buyer understands and acknowledges that deviations and variations from the Plan may exist in the Home, including, without limitation, (i) substitution by Contractor of materials, equipment and appliances of substantially equal or better quality; (ii) minor style, lot orientation and color changes; (iii) minor variances in room and space dimensions and window, door and other improvement locations; and (iv) changes in the Plan as may be required by any state, federal, county or local governmental authority in order to accommodate Options requested by Buyer and approved by NVH-ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC reserves the right to make changes to the Home and/or to make deviations from the Plan as NVH-ICIC VENTURE 2, LLC deems necessary.
Buyer acknowledges that renderings, floor plans and other drawings shown in the sales office for the Community and in sales brochures and other advertising material may not be drawn to scale. NVH-ICIC VENTURE 2, LLC reserves the right to substitute materials and make changes to the Home and/or to deviate from the Plan as may be necessary in NVH-ICIC VENTURE 2, LLC’ sole opinion by site, job or governmental conditions where availability of materials, and practicality of design or other circumstances which, in NVH-ICIC VENTURE 2, LLC’ sole discretion, warrant alteration or deviation from the Plan, provided that any substitution of materials or equipment results in the use of materials or equipment which are substantially comparable in quality and appearance. The determination of comparable quality and appearance will be in NVH-ICIC VENTURE 2, LLC’ sole opinion.
B. Commencement and Completion of Construction. If the Home is not yet under construction, NVH-ICIC VENTURE 2, LLC will make reasonable efforts to cause Contractor to initiate construction of the Home within thirty (30) days of the later of (i) the date on which Buyer supplies NVH-ICIC VENTURE 2, LLC with evidence of its financing approval in accordance with Section 5 above; (ii) the date Buyer completes its selections under Section 6; or (iii) the date a building permit is obtained for the Home. NVH-ICIC VENTURE 2, LLC will cause Contractor to proceed with construction of the Home with reasonable diligence. Buyer acknowledges that normal construction schedules may be affected by weather conditions and the availability of materials and qualified subcontractors and, therefore, NVH- ICIC VENTURE 2, LLC has not and cannot guarantee a completion date and NVH-ICIC VENTURE 2, LLC cannot be held responsible for estimated completion dates which Buyer may receive from NVH-ICIC VENTURE 2, LLC, Contractor or their agents, employees, subcontractors or suppliers.
However, subject to extensions for delays that are beyond the reasonable control of NVH-ICIC VENTURE 2, LLC, NVH-ICIC VENTURE 2, LLC covenants that the Home will be completed within eighteen (18) months from the Agreement Date, although NVH-ICIC VENTURE 2, LLC currently anticipates that the completion date will occur well before such eighteen (18) month deadline. Completion of the Home shall be deemed to occur upon the final inspection and approval of the Home by the city, town or county in which the Home is located, which inspection, once passed, shall be deemed to confirm that the Home is completed and built in substantial conformance with the Plan and applicable codes.
Page 4 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
C. Materials Used in Construction. Materials used in the construction of the House, including, but not limited to, paint, stucco, roof material, concrete, block, stone, brick, tile, granite, wood, carpet, laminate, cabinets, cultured marble, etc., will differ depending on age, density, type of finish, dye mixtures, textures, designs, porosity, place of origin and other factors, and many such finishes will change as they are exposed to the elements. Such variations are typical and should be expected by Buyer, and NVH-ICIC VENTURE 2, LLC, the Contractor or their suppliers, or subcontractors cannot guarantee exact matches. Buyer acknowledges that the R-value of the insulation to be installed in the Home may vary in certain areas of the Home due to design or construction constraints such as the location of studs, corners, windows, doors, points where roof trusses are attached to walls, etc. Subject to the foregoing limitation, the Home will be insulated as specified in the Summary and in the Plan. The R-value is based on the representation of the manufacturer and/or installer of the insulation and NVH-ICIC VENTURE 2, LLC does not warrant or represent that these R-values are correct.
Buyer shall, at the final home presentation described in Section 11 below, be entitled to thoroughly inspect the Home, and Buyer shall, at such final home presentation, provide NVH-ICIC VENTURE 2, LLC with written notice of any material deviations Buyer believes to exist between the Plan and the Home as constructed. In the event Buyer fails to provide NVH-ICIC VENTURE 2, LLC with such notice and proceeds with the Closing, Buyer shall be deemed to have agreed to accept the Home as constructed and subject to all changes and deviations from the Plan and Buyer shall be deemed to have waived any and all right and claim against NVH-ICIC VENTURE 2, LLC with respect to any such changes and deviations from the Plan except to the extent such changes and deviations are later conclusively determined to cause structural deficiencies in the Home.
D. No Buyer Work on Home Prior to Closing. Buyer will not, during the construction of the Home, be able or permitted to provide materials, subcontractors or supplies to the Home or work on or make modifications to the Home. Buyer's subcontractors may only work in the Home and Buyer may only install or provide materials for the Home after the Closing. If Buyer violates the restrictions set forth in this Section, then, in addition to being in default under the Agreement, NVH-ICIC VENTURE 2, LLC' warranty shall, at NVH-ICIC VENTURE 2, LLC' option, be deemed void and the Purchase Price shall be increased by any cost incurred by NVH-ICIC VENTURE 2, LLC to do any restorative or other type of corrective work.
8. House Placement and Grading and Soil Conditions. The placement of the House shown on the preliminary site plan for the Home Site is approximate and the actual layout of the House may vary. NVH-ICIC VENTURE 2, LLC has the right to cause the House on the Home Site to be oriented in accordance with Contractor's normal construction practices. Elevation heights of the yards and floor of the House or that of adjoining Home Sites may vary. Elevation differences from one Home Site to the next within the Community can cause yard wall heights to change. No representations are made as to the condition of any vegetation which may exist on the Home Site or surrounding Home or as to the condition or existence of such vegetation upon completion of the Home. NVH-ICIC VENTURE 2, LLC, its suppliers and subcontractors plan on normal soil conditions when pricing additional features, such as hardscape, landscape, sprinklers, plumbing and electrical. If soil conditions such as caliche or rock are encountered on the Home Site, making excavation for such additional features more costly, an additional charge will be added to the Purchase Price. Because of the prevalence of expansive soil conditions in the metropolitan Phoenix area, the Home will be constructed in accordance with recommendations made in a soils report prepared by a licensed engineer (which is available for inspection at the sales office upon request by Buyer) with the goal of minimizing the effects of expansive soils, if present. The possible problems caused by expansive soils are often cosmetic rather than structural in nature and include, without limitation, the following: upward movement of foundation and floor slab systems, cracking of concrete, flooring surfaces, drywall and stucco and misalignment of doors and windows.
The Home Site has been or will be graded in accordance with an approved grading plan for the Community. Slopes, swells, swales and drainage improvements may be required on some home sites and will be located in accordance with the approved grading and drainage plans for the Community. Copies of the approved grading and drainage plans are available for viewing in the sales office for the Community. NVH-ICIC VENTURE 2, LLC and Contractor shall not be responsible for any disturbance of the soil in and around the Home Site, or any consequences arising from such disturbance, after the Closing.
Failure by Buyer to maintain the grades and contours of the Home Site may result in upward movement or settlement of the foundations and concrete which may result in extensive and costly repairs to the Home. Any damage to the Home, including cracking of concrete, stucco and/or drywall resulting from changes by Buyer to grading of the Home Site shall be excluded from any and all warranties provided by NVH-ICIC VENTURE 2, LLC.
Page 5 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
9. Final Home Presentation. Prior to Closing, NVH-ICIC VENTURE 2, LLC and Buyer shall schedule a presentation of the Home to review the features and operation of the Home. If the parties are unable to schedule such final home presentation prior to the date specified by NVH-ICIC VENTURE 2, LLC for Closing, Buyer must nonetheless proceed with Closing and the parties shall thereafter endeavor to arrange a post-Closing final home presentation of the Home. At the presentation, NVH-ICIC VENTURE 2, LLC shall compile a list of all mutually agreed upon existing defects and deficiencies in the Home (the "Punch List"). Failure by Buyer to attend the scheduled presentation of the Home shall be deemed a waiver by Buyer of any Punch List objections. The existence of any such Punch List items shall not entitle Buyer to cancel this Agreement, delay the Closing or withhold funds at Closing. Within a reasonable period of time following the Closing, NVH-ICIC VENTURE 2, LLC shall cause Contractor to remedy the items on the Punch List in accordance with industry standards, provided Buyer agrees to provide NVH-ICIC VENTURE 2, LLC, Contractor and their representatives reasonable access to the Home during normal business hours. NVH-ICIC VENTURE 2, LLC shall have no responsibility to make any repairs or replacements resulting from damage to the Home caused by Buyer, its movers, employees, invitees or contractors or any other occupants of the Home.
10. Homeowners’ Association. Buyer understands that the Community and the Home is bound by one or more declarations of covenants, conditions, restrictions and easements or tract declarations or similar instruments (the "CCRs") and that an owners’ association (the "Association") has been established for the purpose of governing the affairs of the Association and to own, operate and maintain any common areas within the Community designated on the Plat (the "Common Areas") and maintain any areas of Association responsibility identified in the CCRs and for the additional purpose of enforcing the CCRs with the goal of enhancing and maintaining the desirability of the Community. At Closing, Buyer shall become a member of the Association and thereafter must abide by the terms and conditions of the CCRs, the Association's Articles of Incorporation and Bylaws, all management agreements entered into by the Association, any rules and regulations and architectural and/or landscaping guidelines for the Association (if applicable) and any other recorded covenants, conditions and restrictions affecting the Home. Buyer hereby acknowledges receipt of a copy of the CCRs and the Articles of Incorporation and Bylaws for the Association. At Closing, Buyer shall pay to the Association any payments required under the CCRs or by the Association to establish operating and maintenance reserves for the Community, which may include monthly Association assessments, transfer fees and working capital reserve fees.
11. Closing. The closing of this transaction (the "Closing") shall occur following completion of the Home (as determined in accordance with Section 7 above) on a date to be specified in an oral or written notice to be provided by NVH-ICIC VENTURE 2, LLC to Buyer. NVH-ICIC VENTURE 2, LLC shall provide Buyer with the notice provided for in the foregoing sentence at least five (5) days prior to the date NVH-ICIC VENTURE 2, LLC designates as the date for Closing. Under no circumstances shall NVH-ICIC VENTURE 2, LLC be responsible for temporary housing, furniture storage, moving expenses or other costs, fees or expenses related in any way to the timing of the eventual completion of the construction of the Home or the Closing. In the event Escrow Agent is closed for business on the day specified for Closing, the Closing shall occur on the next day Escrow Agent is open for business. It is not necessary that Buyer be present at the Closing. Should Buyer not wish to appear at the Escrow Agent’s office to sign the closing documents there will be a fee charged to the Buyer for overnight delivery and notary services. NVH-ICIC VENTURE 2, LLC shall pay for the cost of a standard owner’s policy of title insurance in the amount of the Purchase Price if Buyer uses the services of the Escrow Company identified on the Transaction Summary. Buyer shall pay for all other title, recording, closing and escrow fees, costs and charges relating to this transaction and all fees, costs and charges related to any financing obtained by Buyer for this transaction. All taxes, special assessments and regular assessments and Association assessments affecting the Home shall be prorated as of the Closing.
At or before the Closing, Buyer shall deposit with Escrow Agent or NVH-ICIC VENTURE 2, LLC: (a) the balance of the Purchase Price due and payable to NVH-ICIC VENTURE 2, LLC; (b) an amount equal to all closing costs and additional costs or expenses payable by Buyer pursuant to this Agreement; (c) a sum equal to any assessments and any other amounts due and payable to the Association as required pursuant to the CCRs, which sums shall be released by Escrow Agent to the Association at Closing; and (d) all documents and instruments necessary to effectuate the transaction contemplated herein. All amounts payable by Buyer at Closing shall be paid in cashier’s or certified U.S. funds from a licensed bank. Possession of the Home shall be given to Buyer only after Recording occurs at the applicable County Recording Office.
12. Utilities: Buyer shall, at its own expense, turn on utilities for the purpose of quality inspections and the Home Orientation seven (7) days prior to the date designated for Closing. Any delays incurred in scheduling such utilities to be turned on shall not permit Buyer to delay the Closing.
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13. Title. Title to the Home shall be conveyed by NVH-ICIC VENTURE 2, LLC to Buyer at Closing by special warranty deed, and such title shall be free and clear of liens, encumbrances and exceptions except (i) the CCRs and any other covenants, conditions, restrictions and easements affecting the Home; (ii) any existing easements and rights-of-way for roadways, canals, ditches, open areas, laterals and public utilities; (iii) taxes, special assessments and community facility assessments (if applicable) which are not delinquent; (iv) matters shown on the recorded plat for the Community; (v) matters which a survey would show; (vi) any mortgage or lien placed against the Home by Buyer's Lender; (vii) all applicable zoning and building code requirements and any other governmental and quasi- governmental requirements and (viii) any other matters of record which do not materially and adversely affect the marketability of the Home. 14. Damage or Destruction of Home. NVH-ICIC VENTURE 2, LLC shall bear the risk of loss to the Home until Closing, at which time such risk shall pass to Buyer. If all or any portion of the Home is damaged or destroyed before Closing, NVH-ICIC VENTURE 2, LLC, at NVH-ICIC VENTURE 2, LLC' election may: (a) terminate this Agreement by notifying Buyer and by refunding all sums which Buyer has paid to NVH-ICIC VENTURE 2, LLC hereunder or (b) repair such damage, in which event this Agreement shall remain in full force and effect and the Closing may be extended by NVH- ICIC VENTURE 2, LLC for a reasonable period to allow NVH-ICIC VENTURE 2, LLC the opportunity to repair such damage and complete construction of the Home. NVH-ICIC VENTURE 2, LLC will notify Buyer of any such election within twenty (20) days of any such damage or destruction.
15. NVH-ICIC VENTURE 2, LLC' and Contractor’s Sole and Exclusive Warranties. A. Warranty Booklet. NVH-ICIC VENTURE 2, LLC shall, at the Closing, provide Buyer with an express limited warranty (the “Warranty”) administered by Home Buyers Warranty Corporation (“2-10 HBW”), WHICH WARRANTY SHALL CONSTITUTE THE SOLE AND EXCLUSIVE WARRANTY TO BE PROVIDED BY CONTRACTOR AND NVH-ICIC VENTURE 2, LLC WITH RESPECT TO THE HOME. The Warranty is set forth in the applicable 2-10 HBW Warranty booklet (the “Warranty Booklet”) published by 2-10 HBW and provided to Buyer, which is incorporated herein by reference and which shall constitute part of this Agreement. Buyer acknowledges that it has received and reviewed the Warranty Booklet, including the Arbitration Agreement contained in the Warranty Booklet. The Warranty shall commence and expire as and when described in the Warranty Validation Certificate issued pursuant to the Warranty Booklet. Buyer understands and agrees that (a) the only rights and remedies Buyer and any successor owner of the Home shall have with respect to any actual or alleged construction defects in the Home shall be those specifically set forth in this Section 15 and the Warranty Booklet and Buyer shall have the sole affirmative obligation to notify any prospective purchaser thereof, and (b) any claims made by Buyer or any successor owner of the Home under the Warranty Booklet, and any disputes that arise with respect to the Warranty or the Warranty Booklet shall be limited to, governed by and handled in strict accordance with this Section 15 and the Warranty Booklet. Buyer expressly acknowledges that this Section 15 has been negotiated and bargained for and that this disclaimer has been knowingly and intelligently included, notwithstanding any claims that may be made to the contrary hereafter.
B. Limitations of Warranty. EXCEPT FOR THE LIMITED WARRANTY PROVIDED AND DESCRIBED IN THE WARRANTY BOOKLET, ALL OTHER WARRANTIES WITH RESPECT TO THE HOME, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS OR OTHERWISE, WHETHER EXPRESSED, IMPLIED OR STATUTORY AND WHETHER REGARDING PERSONAL PROPERTY, CONSUMER GOODS, ENVIRONMENTAL CONDITIONS OR ACTUAL CONSTRUCTION (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF WORKMANSHIP AND OF HABITABILITY) ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW. NO REPRESENTATIVE OR AGENT OF NVH-ICIC VENTURE 2, LLC OR CONTRACTOR HAS ANY AUTHORITY TO WAIVE OR CHANGE THIS PROVISION. Under no circumstances shall NVH-ICIC VENTURE 2, LLC or Contractor be liable for any actual, special, indirect, incidental, consequential, exemplary, punitive or other damages, including, without limitation, any damages based on a claimed diminution in the value of the Home.
C. Arbitration Agreement. Any and all claims or disputes between NVH-ICIC VENTURE 2, LLC, Contractor, Buyer and/or 2-10 HBW arising from or relating to the Warranty shall exclusively be settled by binding arbitration pursuant to the express arbitration agreement (the “Arbitration Agreement”) set forth in the Warranty Booklet, which is hereby incorporated by reference. NVH-ICIC VENTURE 2, LLC, Contractor, and Buyer agree that the Arbitration Agreement involve and concern interstate commerce and are governed by the provisions of the Federal Arbitration Act (9 U.S.C. §§ 1-16), to the exclusion of any different or inconsistent law, ordinance, rule, or regulation. Buyer agrees to and affirms all terms of the Arbitration Agreement and hereby waives, to the fullest extent permitted by applicable law, Buyer’s right to a jury trial or class action litigation. D. Contractor. Contractor is an intended third-party beneficiary of the provisions of this Agreement applicable to Contractor.
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16. Remedies. A. In the event Buyer fails, prior to the Closing, to fully and timely comply with any term or provision of this Agreement or if Buyer advises NVH-ICIC VENTURE 2, LLC in writing or orally that Buyer does not intend to or will not fully perform any provision of this Agreement, NVH-ICIC VENTURE 2, LLC shall have the right to cancel this Agreement and collect from Buyer an amount equal to five percent (5%) of the Purchase Price, which amount shall constitute liquidated damages and not a penalty. Buyer hereby acknowledges that the amount of the damages suffered or incurred by NVH-ICIC VENTURE 2, LLC as a result of a pre-Closing default by Buyer under this Agreement would be extremely difficult and/or impractical to ascertain and that the liquidated damage amount described above constitutes a reasonable estimate of such damages. Seller shall apply the Earnest Money previously paid by Buyer to Seller toward the liquidated damage amount, and Seller shall have the right to seek recovery of the balance of the liquidated damage amount from Buyer by any actions and proceedings available at law or in equity. If, after the Closing, Buyer breaches any agreement or obligation of Buyer, Seller shall have the right to pursue any and all remedies available to it under this Agreement or at law or in equity. B. If NVH-ICIC VENTURE 2, LLC fails, prior to the Closing, to substantially comply with the terms and conditions of this Agreement, Buyer shall deliver to Escrow Agent and NVH-ICIC VENTURE 2, LLC a written notice detailing the default of NVH-ICIC VENTURE 2, LLC. NVH-ICIC VENTURE 2, LLC shall have twenty (20) days from the receipt of such notice in which to remedy the default, except that if the required performance cannot reasonably be completed by NVH-ICIC VENTURE 2, LLC within such 20-day period, then NVH-ICIC VENTURE 2, LLC shall have a reasonable period of time, not to exceed sixty (60) additional days, within which to remedy the default. If NVH-ICIC VENTURE 2, LLC has not remedied the default within the time provided in the preceding sentence, Buyer, as its sole remedy, may either (i) cancel this Agreement and receive a refund of the Earnest Money or (ii) pursue specific performance of this Agreement, and Buyer hereby expressly waives any other rights and remedies it may have at law or in equity with respect to each such default. C. ARBITRATION. BY ENTERING INTO THIS AGREEMENT, BUYER AND NVH-ICIC VENTURE 2, LLC AGREE THAT ANY CONTROVERSY, CLAIM OR DISPUTE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR BUYER’S PURCHASE OF THE HOME OR ANY RIGHTS AND OBLIGATIONS BETWEEN THE PARTIES AND/OR CONTRACTOR WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE). THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), THE AAA’S SUPPLEMENTARY PROCEDURES FOR RESIDENTIAL CONSTRUCTION DISPUTES, AND THE TERMS OF THIS AGREEMENT. ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED, ENTERED AND ENFORCED, IN ANY COURT HAVING JURISDICTION. THIS ARBITRATION SHALL APPLY TO ALL CLAIMS BETWEEN BUYER AND NVH-ICIC VENTURE 2, LLC, INCLUDING THOSE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, DEFECTIVE DESIGN OR CONSTRUCTION, MISREPRESENTATION OR FRAUD. BUYER AGREES THAT THE OBLIGATIONS SET FORTH IN THIS SECTION 16(C) SHALL SURVIVE CLOSING OR THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. NVH-ICIC VENTURE 2, LLC MAY, AT NVH-ICIC VENTURE 2, LLC’ OPTION, INCLUDE CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS AND OTHER PARTIES IN THE ARBITRATION. BUYER IS INFORMED AND UNDERSTANDS THAT ARBITRATION INVOLVES PAYMENT OF FEES TO THE AAA WHICH MAY BE SUBSTANTIAL AND IN EXCESS OF COURT FEES FOR FILING OF A LAWSUIT. THE PAYMENT OF ANY SUCH ARBITRATION FEES SHALL BE GOVERNED BY THE AAA RULES. BUYER IS INFORMED AND UNDERSTANDS THAT BY AGREEING TO THE ARBITRATION OF ALL DISPUTES AS SET FORTH IN THIS PARAGRAPH, BUYER IS WAIVING HIS OR HER RIGHTS TO A TRIAL BY JURY AND THAT THE DISPUTE WILL BE RESOLVED BY THE ARBITRATOR. BUYER WAIVES THE RIGHT TO INSTITUTE OR PARTICIPATE IN A CLASS ACTION ARBITRATION FOR ANY MATTER COVERED BY THIS AGREEMENT.
AT LEAST NINETY (90) DAYS BEFORE BRINGING OR INITIATING AN ARBITRATION ACTION RELATING TO A CLAIM, DISPUTE OR CONTROVERSY RELATING TO THE CONSTRUTION OR CONDITION OF THE PROPERTY OR ALLEGING CONSTRUCTION DEFECTS (I.E., A CONSTRUCTION DISPUTE), BUYER MUST GIVE WRITTEN NOTICE TO NVH-ICIC VENTURE 2, LLC SPECIFYING IN REASONABLE DETAIL THE NATURE OF THE DISPUTE AND THE BASIS OF THE ARBITRATION ACTION. AFTER RECEIPT OF SUCH NOTICE, NVH-ICIC VENTURE 2, LLC AND/OR CONTRACTOR MAY INSPECT THE PROPERTY, USING REASONABLE MEASURES INCLUDING DESTRUCTIVE TESTING, TO DETERMINE THE NATURE AND CAUSE OF THE ALLEGED DEFECT(S) AND THE NATURE AND EXTENT OF ANY REPAIRS OR REPLACEMENTS NECESSARY TO REMEDY THE ALLEGED DEFECT(S).
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BUYER SHALL MAKE THE PROPERTY AVAILABLE FOR INSPECTION NO LATER THAN TEN (10) DAYS AFTER BUYER RECEIVED NVH-ICIC VENTURE 2, LLC’ OR CONTRACTOR’S REQUEST FOR AN INSPECTION. IF NVH-ICIC VENTURE 2, LLC OR CONTRACTOR INSPECTS THE PROPERTY AND DETERMINES THAT REPAIRS OR REPLACEMENTS ARE INDICATED, NVH-ICIC VENTURE 2, LLC SHALL THEREAFTER HAVE A REASONABLE PERIOD OF TIME WITHIN WHICH TO CAUSE CONTRACTOR OR A LICENSED SUBCONTRACTOR TO REPAIR OR REPLACE ANY ALLEGED DEFECT(S), AND BUYER SHALL MAKE THE PROPERTY AVAILABLE FOR ANY SUCH REPAIR OR REPLACEMENT ACTIVITIES FROM TIME TO TIME DURING SUCH PERIOD AS MAY BE REASONABLY REQUESTED BY NVH-ICIC VENTURE 2, LLC BEFORE BUYER MAY BRING OR INITIATE AN ARBITRATION ACTION. ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF THIS AGREEMENT OTHER THAN THOSE RELATING TO THE CONSTRUCTION OR CONDITION OF THE PROPERTY (I.E. A “NON-CONSTRUCTION” DISPUTE) MAY BE INITIATED WITH OUT FIRST COMPLYING WITH THE PROVISIONS OF THIS SUBSECTION. NOTWITHSTANDING THE FOREGOING SUBPARAGRAPHS, IN THE EVENT OF A CLAIM, DISPUTE OR CONTROVERSY ARISING AFTER CLOSING IS ALSO COVERED BY DISPUTE RESOLUTION PROCEDURES CONTAINED IN A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHEREBY NVH-ICIC VENTURE 2, LLC OR AN AFFILITE OF NVH-ICIC VENTURE 2, LLC IS THE DECLARANT, THEN SUCH OTHER DISPUTE RESOLUTION PROCEDURES SHALL APPLY IN LIEU OF THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN THIS PARAGRAPH. Buyer’s Initials: _________/__________/________
NOTWITHSTANDING THE FOREGOING SUBPARAGRAPHS, IN THE EVENT OF A CLAIM, DISPUTE OR CONTROVERSY ARISING AFTER CLOSING IS ALSO COVERED BY DISPUTE RESOLUTION PROCEDURES CONTAINED IN THE ARBITRATION AGREEMENT CONTAINED IN THE WARRANTY BOOKLET, THEN SUCH OTHER DISPUTE RESOLUTION PROCEDURES SHALL APPLY IN LIEU OF THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN THIS PARAGRAPH.
Buyer’s Initials: _________/__________/________
UNDER ARIZONA REVISED STATUTES SECTION 32-1155, A BUYER OF A DWELLING HAS THE RIGHT TO FILE A WRITTEN COMPLAINT AGAINST THE HOMEBUILDER WITH THE ARIZONA REGISTRAR OF CONTRACTORS WITHIN TWO (2) YEARS OF THE COMMISSION OF AN ACT IN VIOLATION OF ARIZONA REVISED STATUTES SECTION 32- 1154, SUBSECTION A.
Buyer’s Initials: ___________/__________/__________
17. Buyer's Acknowledgments. Buyer understands and agrees that (i) the locations of utility lines, utility improvements (including, but not limited to, junction boxes, transformers, meters and pedestals), fire hydrants and sewer taps may vary; (ii) fences may encroach on either side of actual lot lines; (iii) NVH-ICIC VENTURE 2, LLC shall have the right, without any obligation or liability to Buyer, to make changes in the design and plan of the Community and in the plans and specifications for any subdivision improvements and changes to plans, elevations, size, features, price and incentives for residences to hereafter be constructed within the Community; (iv) the Plan is copyrighted and cannot, without NVH-ICIC VENTURE 2, LLC' prior written consent, be reproduced or copied for Buyer’s own use; (v) NVH-ICIC VENTURE 2, LLC has not made any representation or warranty with respect to the valuation of the Home relative to the Purchase Price nor regarding the future valuation of the Home or the likelihood of future appreciation of the value of the Home; and (vi) NVH-ICIC VENTURE 2, LLC reserves the right to sell any of the Lots within the Community to other builders. 18. Surrounding Areas. Buyer acknowledges that the character, nature and uses of the areas surrounding the Community and the general vicinity of the Community may change in the future and that future uses of adjacent or nearby property could include transportation, commercial, agricultural, recreational and/or pedestrian uses and/or any number of other uses. Buyer acknowledges that neither NVH-ICIC VENTURE 2, LLC nor Contractor nor their respective agents, employees or subcontractors have made or can make any representation, warranty or covenant of any kind regarding (a) views that may be available from the Home; (b) the height or nature of homes or other improvements to be constructed adjacent to or near the Home; (c) the continuation or cessation of the existing nature, character or uses of the areas surrounding the Home and the Community; (d) the permissibility or likelihood of changes to the existing nature, character or uses of the property surrounding the Community; (e) the presence or level of noise from nearby roadways, airports, property or equipment, whether permanent, temporary or transported on, to or away from nearby locations; (f) whether or not any open or undeveloped space adjacent to the Home or the Community, if any, will remain open space or undeveloped, as Buyer understands that any such areas may be changed or developed in the future.
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Buyer agrees that it has conducted such inquiries with the applicable governmental agencies and other sources Buyer deems necessary regarding the current and planned or permissible future uses of the property surrounding the Community, and Buyer hereby agrees that neither NVH-ICIC VENTURE 2, LLC nor Contractor shall have any liability whatsoever with respect to such matters. In the event that there are designated open spaces, lakes, golf courses or recreational areas within the Community or areas surrounding the Community, NVH-ICIC VENTURE 2, LLC makes no representations with respect thereto.
19. Environmental Matters and Release. The Home and its occupants may now or in the future be exposed to various environmental conditions in or near the Home which may include, without limitation, radon gas, molds, moisture, electromagnetic fields from power lines and appliances, the presence of surface and underground utility facilities and the possibility of air, water and soil pollution. NVH-ICIC VENTURE 2, LLC is not aware of the existence of any such environmental conditions as of the Agreement Date, and Buyer understands that the future occurrence of any such environmental conditions and their effects on Buyer or any occupants of the Home are beyond the control of NVH-ICIC VENTURE 2, LLC and Contractor and, therefore, Buyer hereby acknowledges and agrees that in no event shall NVH- ICIC VENTURE 2, LLC and Contractor have any obligation or liability with respect to any such environmental conditions.
20. Termites. At Closing, NVH-ICIC VENTURE 2, LLC will deliver to Buyer a certificate from the pest control company which applied the termite treatment for the Home. Buyer understands that current governmental regulations limit the types and concentrations of chemicals and methods of application that can be used in attempting to prevent or eradicate termites and, consequently, termites may appear following Closing. Upon notice from Buyer for a period of one (1) year following the date of Closing, the pest control company will be obligated to re-treat any areas of the Home which have become infested with termites. Buyer acknowledges and agrees that in no event will Buyer make any claims against NVH-ICIC VENTURE 2, LLC or Contractor and in no event will NVH-ICIC VENTURE 2, LLC or Contractor have any liability to Buyer or any occupants of the Home for any losses, costs, damages and expenses arising in connection with the existence of termites in or around the Home.
21. Pool/Spa. If Buyer desires to commence construction of a pool and/or spa on the Home Site prior to Closing, Buyer must, as soon as possible following the Agreement Date, enter into a contract with a pool company on NVH- ICIC VENTURE 2, LLC' approved pool company list (the "Pool Contractor") and Buyer shall provide NVH-ICIC VENTURE 2, LLC with a copy of that contract along with a plot plan of the Home, showing the desired location of the pool and/or spa. The design and placement of the pool and/or spa shall be handled by and shall be the sole responsibility of Buyer and Pool Contractor; provided, however, NVH-ICIC VENTURE 2, LLC and the Association shall have the right, in their sole discretion, to approve all plans for the design and placement of the pool and/or spa and any subsequent changes to such plans. Within two (2) business days of any change to the design or location of the pool and/or spa as proposed by Buyer and agreed to by Pool Contractor, Buyer shall provide NVH-ICIC VENTURE 2, LLC, for NVH-ICIC VENTURE 2, LLC' approval, with a copy of any such proposed change. Buyer understands that certain jurisdictions require that safety equipment, such as special fences, automatic door closing mechanisms and/or alarms, be installed on properties with a pool and/or spa. If NVH-ICIC VENTURE 2, LLC permits a pool/spa to be constructed prior to Closing, NVH-ICIC VENTURE 2, LLC shall cause the required safety equipment and devices to be installed and the Purchase Price shall be increased by NVH-ICIC VENTURE 2, LLC' charge for such devices, equipment and the installation thereof.
Notwithstanding any provision contained herein, NVH-ICIC VENTURE 2, LLC makes absolutely no representation or warranty regarding construction of a pool and/or spa and the related safety equipment or the timing of such construction, and the only warranty applicable to such items shall be that provided by the Pool Contractor. In no event will the status of construction of a pool/spa and related improvements have any impact on the date for the Closing, and in no event will Closing be extended nor will NVH-ICIC VENTURE 2, LLC have any liability resulting from the failure of Pool Contractor to complete any such pool/spa improvements prior to Closing. Buyer understands that certain lenders require funds to be escrowed if the pool and/or spa is not complete at the time of the lender's final inspection of the Home. Buyer shall be solely responsible for depositing or paying all such funds and any related fees if required by its lender and the Escrow Agent.
From and after the date of completion of the pool/spa, Buyer shall be solely responsible for the filling of the pool (including water costs), the maintenance and cleaning of the pool and/or spa and NVH-ICIC VENTURE 2, LLC shall have absolutely no responsibility for such filling, cleaning and maintenance of the pool and/or spa. If the pool is filled prior to Closing, NVH-ICIC VENTURE 2, LLC may charge and Buyer shall pay to NVH-ICIC VENTURE 2, LLC a reasonable pool filling charge to cover the water costs.
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22. Construction Area. Federal Government OSHA standards require anyone on a construction site to wear certain protective clothing and safety devices, including, but not limited to, hard hats and safety glasses, and to the extent NVH-ICIC VENTURE 2, LLC permits Buyer on the Home during construction, Buyer shall comply with such requirements. Neither NVH-ICIC VENTURE 2, LLC nor Contractor shall have any responsibility or liability for any injury or loss resulting from or occurring during any entrance by Buyer or its guests or invitees on any construction area within the Community, including the Home, and Buyer shall indemnify NVH-ICIC VENTURE 2, LLC and Contractor from any and all loss, damages, claims, liability or responsibility resulting from any such entry by Buyer or its guests or invitees. Any communication regarding the construction of the House must be handled by Buyer setting an appointment through NVH-ICIC VENTURE 2, LLC’ sales representative for the Community, and Buyer shall not make any direct contact with any workmen, suppliers, superintendents or subcontractors of NVH-ICIC VENTURE 2, LLC or Contractor or their employees.
23. Brokerage Disclosure. Buyer acknowledges that RSP NVH-ICIC VENTURE 2, LLC Realty, an affiliated entity of NVH- ICIC VENTURE 2, LLC, is a licensed Arizona broker. NVH-ICIC VENTURE 2, LLC’ on-site sales representatives for the Community represent only NVH-ICIC VENTURE 2, LLC and are not Buyer’s agents. NVH-ICIC VENTURE 2, LLC does not utilize subagents and, therefore, if Buyer was shown a Home by a real estate agent other than NVH-ICIC VENTURE 2, LLC' on-site sales representative at the Community, that outside agent is Buyer's agent and solely represents Buyer. NVH-ICIC VENTURE 2, LLC will only pay a co-brokerage fee or commission to a licensed broker which represents Buyer from the inception of Buyer’s dealings with NVH-ICIC VENTURE 2, LLC (the “Buyer’s Broker”), and only if such Buyer’s Broker is identified on the Summary. If no such Buyer’s Broker is identified on the Summary, NVH-ICIC VENTURE 2, LLC shall have no responsibility to pay any co-brokerage fee in connection with this transaction. Buyer represents and warrants to NVH-ICIC VENTURE 2, LLC that it has not dealt with any other agents, brokers, salespersons, finders or other persons other than as disclosed on the Summary, if applicable, and Buyer shall hold NVH-ICIC VENTURE 2, LLC harmless from and against any and all claims, demands, liability, expenses and attorneys’ fees sustained or incurred by NVH-ICIC VENTURE 2, LLC as the result of any claim to a commission or other compensation made by any other broker or salesperson with respect to this transaction.
24. Miscellaneous. A. If Buyer defaults in its obligations under this Agreement and, as a result thereof, NVH-ICIC VENTURE 2, LLC retains the services of one or more attorneys to enforce its rights or remedies under this Agreement and whether or not a lawsuit is filed, NVH-ICIC VENTURE 2, LLC shall be entitled to recover from Buyer all reasonable legal fees and all other costs, including court costs, incurred by NVH-ICIC VENTURE 2, LLC in connection therewith.
B. This Agreement shall inure to the benefit of and bind the parties hereto and their heirs, executors, representatives, administrators, successors and assigns; provided, however, Buyer may not sell, assign or otherwise transfer its rights hereunder without the prior written consent of NVH-ICIC VENTURE 2, LLC, which may be withheld in NVH-ICIC VENTURE 2, LLC' sole discretion.
C. Any failure or delay of NVH-ICIC VENTURE 2, LLC to enforce any provision hereof shall not be construed as modifying in any way the terms hereof or as waiving NVH-ICIC VENTURE 2, LLC' rights to enforce the provisions hereof. No waiver of NVH-ICIC VENTURE 2, LLC' rights hereunder shall preclude NVH-ICIC VENTURE 2, LLC' subsequent exercise of its rights hereunder. D. This Agreement and the rights of the parties hereunder shall be governed by the laws of the State of Arizona. E. The captions in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or the intent of this Agreement or any provisions hereof. F. Time is of the essence of this Agreement and every term and provision hereof. G. In the event any term, condition or provision of this Agreement is declared illegal, invalid or unenforceable for any reason, the remaining terms, conditions and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 25. Notices. Except where oral notices are expressly permitted under this Agreement, all notices to be given by either party to the other shall (i) be in writing; (ii) be effective on the earlier of the day of hand-delivery thereof to the party to whom directed, one (1) day following the date of deposit thereof with delivery charges prepaid with a national delivery service two (2) days following the day of deposit in the United States mail, first class, registered or certified postage prepaid and upon transmission if provided by facsimile or electronic transmission; and (iii) shall be addressed to the party to receive the notice at the applicable address as set forth in the Summary or at such other address as may be indicated by a party by written notice to the other.
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26. ENTIRE AGREEMENT.
A. NVH-ICIC VENTURE 2, LLC WISHES TO AVOID ANY MISUNDERSTANDING CONCERNING THE PURCHASE OF THE HOME. IT IS THE POLICY OF NVH-ICIC VENTURE 2, LLC NOT TO ENTER INTO ANY ORAL AGREEMENT OR TO ASK ANY BUYER TO RELY ON ANY ORAL REPRESENTATIONS CONCERNING THE HOME, THE COMMUNITY OR THE SURROUNDING AREA. THE ENTIRE AGREEMENT BETWEEN BUYER AND NVH-ICIC VENTURE 2, LLC MUST BE IN WRITING. THEREFORE, BUYER SHALL WRITE IN BELOW ANY REPRESENTATIONS OR PROMISES WHICH ARE NOT SET OUT IN THIS AGREEMENT BUT WHICH HAVE BEEN MADE BY NVH-ICIC VENTURE 2, LLC OR ITS PURPORTED AGENTS OR EMPLOYEES AND UPON WHICH BUYER IS RELYING IN MAKING THIS PURCHASE, AND IF THERE ARE NONE, BUYER SHALL SO INDICATE BY WRITING THE WORD "NONE":
NONE
TO INDUCE NVH-ICIC VENTURE 2, LLC TO ACCEPT THIS AGREEMENT AND AS MATERIAL CONSIDERATION TO NVH-ICIC VENTURE 2, LLC TO ACCEPT THIS AGREEMENT, BUYER ACKNOWLEDGES THAT (I) THERE ARE NO UNDERSTANDINGS, REPRESENTATIONS OR PROMISES OF ANY KIND THAT HAVE BEEN MADE TO INDUCE BUYER TO EXECUTE THIS AGREEMENT EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT; (II) THIS AGREEMENT SETS FORTH IN FULL THE ENTIRE AGREEMENT BETWEEN THE PARTIES; (III) BUYER HAS NOT RELIED ON ANY ORAL AGREEMENT, STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT; AND (IV) NO PERSON ON BEHALF OF NVH-ICIC VENTURE 2, LLC IS AUTHORIZED TO MAKE ANY FUTURE ORAL AGREEMENT UPON WHICH BUYER MAY RELY TO CANCEL, CHANGE OR MODIFY ANY PORTION OF THIS AGREEMENT.
B. This Agreement supersedes any and all prior understandings and agreements between the parties.
C. This Agreement may be amended or modified only by a written addendum signed by Buyer and an Authorized Officer of NVH-ICIC VENTURE 2, LLC. Notwithstanding the foregoing, if Buyer consists of a husband and wife or otherwise consists of more than one person, the signature of only one of such Buyers shall be required to enter into any addendum, change order or other modification to this Agreement for the purposes of purchasing Options or providing for modifications to the Home or the Agreement, and each Buyer hereby grants the other Buyer an irrevocable special power of attorney to enter into such addendums, change orders and other modifications to this Agreement, and any such addendums, Change Orders, updated Summaries and other modifications executed by one of the Buyers shall be binding upon all Buyers and, once signed by NVH-ICIC VENTURE 2, LLC, such instrument(s) shall effectively amend this Agreement.
27. Acceptance by NVH-ICIC VENTURE 2, LLC. Execution of the Agreement by Buyer constitutes an offer to purchase the Home. The Agreement shall be deemed accepted by and shall be binding upon NVH-ICIC VENTURE 2, LLC only when it is executed by an authorized officer of NVH-ICIC VENTURE 2, LLC (the "Authorized Officer") and the designated or associate broker of NVH-ICIC VENTURE 2, LLC, and the execution or acceptance of this Agreement by any salesman, broker, agent or employee of NVH-ICIC VENTURE 2, LLC other than the Authorized Officer of NVH-ICIC VENTURE 2, LLC shall not be binding upon NVH-ICIC VENTURE 2, LLC. Unless this Agreement is accepted by NVH- ICIC VENTURE 2, LLC in accordance with the preceding sentence within thirty (30) days, this offer shall be deemed revoked and the Earnest Money shall be returned to Buyer. The date of this Agreement shall be the date of acceptance by the Authorized Officer as herein described (the "Agreement Date"). This Agreement is subject to a prior sale of the Home, and in the event of such prior sale, NVH-ICIC VENTURE 2, LLC shall return the Earnest Money to Buyer and neither party shall have any duty, obligation or responsibility to the other under this Agreement. WHEN SIGNED BY BUYER AND ACCEPTED BY NVH-ICIC VENTURE 2, LLC IN ACCORDANCE WITH THIS SECTION, THIS AGREEMENT WILL BECOME A LEGALLY BINDING AGREEMENT. PLEASE MAKE SURE THAT ALL PROVISIONS ARE READ AND UNDERSTOOD. IF YOU DO NOT UNDERSTAND ANY PROVISION, YOU SHOULD SEEK LEGAL ADVICE.
28. Public Report. THE DEVELOPER SHALL GIVE A PROSPECTIVE PURCHASER A COPY OF THE DISCLOSURE REPORT AND AN OPPORTUNITY TO READ AND REVIEW IT BEFORE THE PROSPECTIVE PURCHASER SIGNS THIS DOCUMENT. BUYER HEREBY ACKNOWLEDGES THAT, PRIOR TO THE SIGNING OF THIS AGREEMENT, BUYER HAS RECEIVED AND READ A COPY OF THE PUBLIC REPORT FOR THE COMMUNITY ISSUED BY THE ARIZONA DEPARTMENT OF REAL ESTATE.
Buyer’s Initials: ___________/__________/__________/__________
Page 12 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
3/12/2023 _______________________________________________________________ Lauren S. Kim - Signature Date _______________________________________________________________ N/A _______________________________________________________________ N/A
THIS AGREEMENT SHALL NOT BE EFFECTIVE UNLESS AND UNTIL IT IS ACCEPTED BY SELLER, WHICH SHALL OCCUR ONLY IF THE FOLLOWING IS SIGNED AND COMPLETED:
3/12/2023 By:____________________________________________________________
Its: Authorized Officer Date
3/12/2023 Designated Broker: ______________________________________________
Date
Page 13 of 13 Buyer’s Initials: ___________/__________/__________ DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Deposit Instructions
Lauren S. Kim March 12, 2023 Buyer Contract Date
LA VALENCIA $5,000.00 Lot Community Amount
Keta Fay Sales Representative
X First Arizona Title Agency
Notes: DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
PUBLIC REPORT RECEIPT
The developer shall furnish you, as a prospective customer, with a with a copy of the public report required by the Arizona Department of Real Estate. It is recommended that you read the report before you make any written offer to purchase or lease an interest in the development and before you pay any money or other consideration toward the purchase of lease or an interest in the development.
FOR YOUR PROTECTION, DO NOT SIGN THIS RECEIPT UNTIL YOU HAVE RECEIVED A COPY OF THE REPORT AND HAVE HAD THE OPPORTUNITY TO READ IT. BY SIGNING THIS RECEIPT THE BUYER HAS ACCEPTED THE PUBLIC REPORT AND ACKNOWLEDGES THE INFORMATION IT CONTAINS.
LA VALENCIA DM20-060237 60 (Public Report Registration No.) (Development Name and Lot No.)
I understand that the report is not a recommendation or endorsement of the development by the Arizona Department of Real Estate, but is for information only.
9010 S. Priest dr. Apt# 1125 (Buyer) (Current Street Address)
Tempe AZ 85248 (Buyer) (City) (State) (Zip)
3/12/2023 (Buyer) (Date) DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
Warranty Manual Receipt
Community LA VALENCIA Date 3/12/2023
Lot 60
Buyer Lauren S. Kim Sales Rep Keta Fay Buyer 0
Buyer has received the Warranty Manual which details the terms of warranty.
The Buyer understands that there are specific time frames and exclusions to the warranty which are detailed in the Warranty Manual.
Buyer has received and signed the Grading and Drainage Disclosure during the Buyer's Home Orientation.
X 3/12/2023
Lauren S. Kim - Signature Date
X N/A Date
X N/A Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
La Valencia Vehicles and Parking Disclosure
Buyer understands that certain parking rules are in effect at La Valencia and will be enforced by the Home Owner’s Association.
1. Motor vehicles owned or leased by an Owner, Lessee or Resident of a Lot must be parked in the garage situated on the Lot to the extent space is available in the garage for the parking of such Motor Vehicles. If space is not available in the garage, then the Motor Vehicle owned or leased by an Owner, Lessee or Resident of a Lot may be parked on the driveway constructed as part of the initial construction of Improvements on the Lot.
2. Motor Vehicles owned or leased by guests of an Owner, Lessee or other Resident may be parked in the driveway on a Lot, or on portions of the Common Area that have been improved for parking (“Guest Parking Areas”); provided however, parking on Guest Parking Areas is limited to no more than twelve (12) consecutive hours.
3. No on-street parking is allowed at anytime except in designated parking areas of the Common Area that have been improved for parking.
4. Garages shall not be converted to living spaces or altered or used for purposes which would prevent the use of the garage for the parking of the number of vehicles for which it was designed.
5. Additional rules for parking and storage of vehicles are included in section 8.5 of the recorded CCR’s.
LOT # 60
3/12/2023
Lauren S. Kim - Signature Date
N/A Date
N/A Date
N/A Date DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
1/[1] 24-Jun-2022 Yes Yes Options & Upgrades Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] STD ELEV-00010 Elevation A 1.00 / Each
2/[2] OPT SCHM-A1002_1 Color Scheme A-2.1; Roof Sandstorm, White Windows, SW 1.00 / Each Paint 3/[3] OPT MULT-00010 20'x8' Multi Slide Door @ Great Room, 4 panel, step, white 1.00 / Each $7,500.00 frame
8/[9] UPG APPL-00100 Gourmet Kit- Appliance Pkg Included Whirlpool SS 1.00 / Each WDT730PAHZ Dishwasher WMC30516HZ Microwave w/ MK2160AS Trim Kit WCE55US0HS Cooktop WVW51UC0FS Hood w/ EXTKIT10ES Extension Kit WOS72EC0HS Wall Oven
9/[10] UPG CTOP-00020 Slab Countertop Kitchen Group 2- 2cm with 1-1/2" Edge 1.00 / Lump Sum $3,075.00
10/[13] STD CTOP-00310 Cultured Marble Square Integral Sinks w/ Square Edge (at 1.00 / Lump Sum all locations) 11/[14] UPG CPAD-00020 Pad Upgrade 579.00 / Lump $579.00 Sum Pad Type: 1/2" 6lb. Spring
12/[15] UPG CRPT-00010 Carpet Upgrade (See Pricing Worksheet) 1,770.00 / Lump $1,770.00 Sum 13/[16] UPG TILE-00010 Floor Tile Upgrade (See Pricing Worksheet) 8,879.00 / Lump $8,879.00 Sum
16/[19] UPG DOOR-00010 Hollow Core Interior Doors Riverside/Rockport 1.00 / Lump Sum $150.00
18/[21] UPG TRIM-00010 Baseboard Smooth Style- 5-1/4" MFP603, Casing 3-1/4" 1.00 / Lump Sum $755.00 MFP433
19/[22] UPG PAINT-00010 2 Tone Paint Sherwin Williams- Ceiling-Alabaster Flat, 1.00 / Lump Sum $3,050.00 Trim-Alabaster Semi-Gloss, Walls Eggshell Color: Agreeable Gray
20/[23] UPG BATH-00020 Enlarge Owners Shower. Prep for Tile. 3/16" Glass Surround 1.00 / Each $360.00 at 80" w/ Swinging Door. Must Select Tile
22/[25] UPG FAUC-00022 Kitchen Faucet - Moen Sleek Upgraded Finish 1.00 / Each $470.00 Style: Spot Resistant Stainless
23/[26] UPG PLFX-00015 Bath Package- Upgrade 1 One Handle Brushed Nickel 1.00 / Lump Sum $1,895.00 Style: Genta
24/[27] UPG PLMB-00100 Preplumb for Sink at Laundry 1.00 / Each $240.00
October 29, 2022 14:10 Karen Daly Page 1 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
25/[28] UPG PLMB-00200 Soft Water Loop 1.00 / Each $375.00
26/[29] UPG SINK-00020 Kitchen Sink Single Bowl Undermount Stainless 1.00 / Each $40.00
27/[30] UPG ELEC-0001 Ceiling Fan Prewire (includes 2 switches) 2.00 / Lump Sum $340.00 Great room (1), Dining room (1)
28/[31] UPG ELEC-0003 Prewire for 3 Pendant Lights at Island with Switch 1.00 / Lump Sum $320.00
29/[32] UPG ELEC-0011 Additional 110 Outlet (Interior only) 2.00 / Lump Sum $200.00 Great room (1), Dining room (1)
30/[33] UPG LOWV-00001 Low Voltage Options 908.00 / Lump $908.00 Sum
31/[34] UPG KNOB-00020 SOL Hardware Level 2 1.00 / Lump Sum $1,185.00 Drawers & Doors: Highland Ridge - (96mm) BP55317CZ CHAMPAGNE BRONZE Addendum 1 Summary Sub Total $32,091.00 Incentives Discounts Grand Total $32,091.00
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
2/[2] 13-Aug-2022 Yes Yes Door hardware Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] UPG HDWR-00030 Upgraded Door Hardware Level 1 1.00 / Lump Sum $445.00 Style: Singapore, Color: Brushed Nickel
Addendum 2 Summary Sub Total $445.00 Incentives Discounts Grand Total $445.00
Addendum Document Approved Number Date Buyer Builder Reference Cash/Finance Paid NSF
3/[3] 29-Oct-2022 Yes Yes New Options Finance
Line Type Option Code Option Description Qty/UoM/Room Total Price
1/[1] UPG KTCN-00041 Gourmet Kitchen (HCI Cabinets)- Pull Out Trash Bins, Full 1.00 / Lump Sum $18,300.00 Overlay Doors, Soft Closing Doors & Drawers & Hardware
October 29, 2022 14:10 Karen Daly Page 2 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
LaValencia Spec Options
Lot/Address: 0060 4081 E. Augusta Avenue Type: SPEC Base House: $596,990.00 Phase: Release Date: Base Lot: Model/Elev: 201 () - Plan 201 Const. Start Date: 28-Jun-2022 Lot Premium: $2,500.00 Swing: Permit Date: Options: $56,375.00 Permit No: Total: See Purchase Price Summary
WHITE SHAKER Dravers & Doors: Highland Ridge pull 96mm BP55317CZ Champagne Bronze 2/[2] UPG WTIL-00200 Wall Tile- See Drawing 5,539.00 / Lump $5,539.00 Sum Enlarged shower tile Owners Bathroom Addendum 3 Summary Sub Total $23,839.00 Incentives Discounts Grand Total $23,839.00
Lot 0060 Summary Sub Total $56,375.00 Incentives Discounts Grand Total $56,375.00
3/12/2023
Lauren Kim
October 29, 2022 14:10 Karen Daly Page 3 of 3 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: F3E12044-C39B-4828-BB74-114EDC03FE7F
3/12/2023 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM
La Valencia Community: ______________________________ 60 Home Site: _____________________
Lauren Kim Buyer: _____________________________________
Buyer: _____________________________________
Buyer: _____________________________________
1. This Addendum is made with reference to that certain Purchase Agreement and Escrow Instructions (the Agreement) dated: _______________________ 3/13/2023 by and between NVH ICIC VENTURE 2 LLC (Seller) and the undersigned Buyer(s).
2. According to the terms of the Agreement and specifically in accordance with Paragraph 7C, Buyer(s) agrees to accept the home as constructed.
3. According to the terms of the Agreement and specifically in accordance with Paragraph 9, Seller and Buyer(s) have agreed that the Seller shall cause Contractor to remedy the Punch List items below in accordance with industry standards provided Buyer agrees to provide Seller, Contractor and their representatives reasonable access to the Home during normal business hours:
Exterior: stucco touch up areas marked with tape 1. ___________________________________________________________________________________________________________________________________________________ Exterior: metal flashing missing paint 2. ___________________________________________________________________________________________________________________________________________________ Exterior: clean sliding glass door and resolve touch up areas marked with tape 3. ___________________________________________________________________________________________________________________________________________________ Exterior: broken block at gate - marked with tape 4. ___________________________________________________________________________________________________________________________________________________ Exterior: front window - touch up edges 5. ___________________________________________________________________________________________________________________________________________________ Exterior: clean all window frames 6. ___________________________________________________________________________________________________________________________________________________ Exterior: stem patch touch up areas marked with tape 7. ___________________________________________________________________________________________________________________________________________________ Exterior: remove excess stucco - areas marked with tape 8. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door - clean or re-paint 9. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door: west side rubber stripping is sticking out 10. __________________________________________________________________________________________________________________________________________________ Exterior: west side - metal flashing has large gap 11. __________________________________________________________________________________________________________________________________________________ Exterior: door bell - stuck and will not stop ringing 12. __________________________________________________________________________________________________________________________________________________ Front door: clean threshold 13. __________________________________________________________________________________________________________________________________________________ Front door: adjust to open/close properly and smoothly 14. __________________________________________________________________________________________________________________________________________________ Front door: hardware and keypad are not level 15. __________________________________________________________________________________________________________________________________________________
Continued following page. Buyer’s Initials: _____________/_____________/____________
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
Front door: touch up areas marked with tape 16. ______________________________________________________________________________________________________________________________________________ Entry: door, casing, baseboards, walls, ceiling touch up areas marked with tape 17. ______________________________________________________________________________________________________________________________________________ Kitchen: cabinet touch up areas marked with tape 18. ______________________________________________________________________________________________________________________________________________ Kitchen: crown molding has nails visible 19. ______________________________________________________________________________________________________________________________________________ Kitchen: utility cabinet shelf has scratch 20. ______________________________________________________________________________________________________________________________________________ Kitchen: remove paint from electrical outlet plates 21. ______________________________________________________________________________________________________________________________________________ Kitchen: remove glue from inside of utility cabinet 22. ______________________________________________________________________________________________________________________________________________ Kitchen: adjust 4 doors to be level - marked with tape 23. ______________________________________________________________________________________________________________________________________________ Kitchen: buff countertops 24. ______________________________________________________________________________________________________________________________________________ Kitchen: baseboards and toe kick touch up areas marked with tape 25. ______________________________________________________________________________________________________________________________________________ Kitchen: pantry door, casing, baseboards, walls, ceiling touch up areas marked with tape 26. ______________________________________________________________________________________________________________________________________________ Powder room: electrical switch plate is cut or broken 27. ______________________________________________________________________________________________________________________________________________ Powder room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 28. ______________________________________________________________________________________________________________________________________________ Powder room: buff scratches from countertop 29. ______________________________________________________________________________________________________________________________________________ Laundry room: sand shelf 30. ______________________________________________________________________________________________________________________________________________ Laundry room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 31. ______________________________________________________________________________________________________________________________________________ Laundry room: plate behind door not flush 32. ______________________________________________________________________________________________________________________________________________ Garage: service door touch up areas marked with tape 33. ______________________________________________________________________________________________________________________________________________ Garage: stem patch touch up areas marked with tape 34. ______________________________________________________________________________________________________________________________________________ Garage: paint door bucks 35. ______________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
Garage: adjust garage door so there is not a gap on east side when door is closed 36. _________________________________________________________________________________________________________________________________________________ Garage: service door - hardware not level 37. _________________________________________________________________________________________________________________________________________________ Great room: clean sliding glass door and frame 38. _________________________________________________________________________________________________________________________________________________ Great room: frame on south side has damaged area marked with tape touch up areas in room marked with tape 39. _________________________________________________________________________________________________________________________________________________ Bed 2: door, casing, baseboards, walls, ceiling touch up and black carpet stain by closet 40. _________________________________________________________________________________________________________________________________________________ Bed 3: door, casing, baseboards, walls, ceiling touch up areas marked with tape 41. _________________________________________________________________________________________________________________________________________________ Hall bath: buff countertop 42. _________________________________________________________________________________________________________________________________________________ Hall bath: door, casing, baseboards, walls, ceiling touch up areas marked with tape 43. _________________________________________________________________________________________________________________________________________________ Master bed: clean sliding glass door and frame,touch up areas marked with tape 44. _________________________________________________________________________________________________________________________________________________ Master bath: clean shower glass door, touch up areas marked with tape 45. _________________________________________________________________________________________________________________________________________________ Master bath: missing medicine cabinet shelves 46. _________________________________________________________________________________________________________________________________________________ Master bath: buff countertops - touch up areas marked with tape 47. _________________________________________________________________________________________________________________________________________________ Master bath: adjust medicine cabinet on west side 48. _________________________________________________________________________________________________________________________________________________ Master closet: door, casing, baseboards, walls, ceiling touch up areas marked with tape 49. _________________________________________________________________________________________________________________________________________________ Master bath: clean mirrors 50. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
59. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
82. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
105. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM
La Valencia Community: ______________________________ 60 Home Site: _____________________
Lauren Kim Buyer: _____________________________________
Buyer: _____________________________________
Buyer: _____________________________________
1. This Addendum is made with reference to that certain Purchase Agreement and Escrow Instructions (the Agreement) dated: _______________________ 3/13/2023 by and between NVH ICIC VENTURE 2 LLC (Seller) and the undersigned Buyer(s).
2. According to the terms of the Agreement and specifically in accordance with Paragraph 7C, Buyer(s) agrees to accept the home as constructed.
3. According to the terms of the Agreement and specifically in accordance with Paragraph 9, Seller and Buyer(s) have agreed that the Seller shall cause Contractor to remedy the Punch List items below in accordance with industry standards provided Buyer agrees to provide Seller, Contractor and their representatives reasonable access to the Home during normal business hours:
Exterior: stucco touch up areas marked with tape 1. ___________________________________________________________________________________________________________________________________________________ Exterior: metal flashing missing paint 2. ___________________________________________________________________________________________________________________________________________________ Exterior: clean sliding glass door and resolve touch up areas marked with tape 3. ___________________________________________________________________________________________________________________________________________________ Exterior: broken block at gate - marked with tape 4. ___________________________________________________________________________________________________________________________________________________ Exterior: front window - touch up edges 5. ___________________________________________________________________________________________________________________________________________________ Exterior: clean all window frames 6. ___________________________________________________________________________________________________________________________________________________ Exterior: stem patch touch up areas marked with tape 7. ___________________________________________________________________________________________________________________________________________________ Exterior: remove excess stucco - areas marked with tape 8. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door - clean or re-paint 9. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door: west side rubber stripping is sticking out 10. __________________________________________________________________________________________________________________________________________________ Exterior: west side - metal flashing has large gap 11. __________________________________________________________________________________________________________________________________________________ Exterior: door bell - stuck and will not stop ringing 12. __________________________________________________________________________________________________________________________________________________ Front door: clean threshold 13. __________________________________________________________________________________________________________________________________________________ Front door: adjust to open/close properly and smoothly 14. __________________________________________________________________________________________________________________________________________________ Front door: hardware and keypad are not level 15. __________________________________________________________________________________________________________________________________________________
Continued following page. Buyer’s Initials: _____________/_____________/____________
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
Front door: touch up areas marked with tape 16. ______________________________________________________________________________________________________________________________________________ Entry: door, casing, baseboards, walls, ceiling touch up areas marked with tape 17. ______________________________________________________________________________________________________________________________________________ Kitchen: cabinet touch up areas marked with tape 18. ______________________________________________________________________________________________________________________________________________ Kitchen: crown molding has nails visible 19. ______________________________________________________________________________________________________________________________________________ Kitchen: utility cabinet shelf has scratch 20. ______________________________________________________________________________________________________________________________________________ Kitchen: remove paint from electrical outlet plates 21. ______________________________________________________________________________________________________________________________________________ Kitchen: remove glue from inside of utility cabinet 22. ______________________________________________________________________________________________________________________________________________ Kitchen: adjust 4 doors to be level - marked with tape 23. ______________________________________________________________________________________________________________________________________________ Kitchen: buff countertops 24. ______________________________________________________________________________________________________________________________________________ Kitchen: baseboards and toe kick touch up areas marked with tape 25. ______________________________________________________________________________________________________________________________________________ Kitchen: pantry door, casing, baseboards, walls, ceiling touch up areas marked with tape 26. ______________________________________________________________________________________________________________________________________________ Powder room: electrical switch plate is cut or broken 27. ______________________________________________________________________________________________________________________________________________ Powder room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 28. ______________________________________________________________________________________________________________________________________________ Powder room: buff scratches from countertop 29. ______________________________________________________________________________________________________________________________________________ Laundry room: sand shelf 30. ______________________________________________________________________________________________________________________________________________ Laundry room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 31. ______________________________________________________________________________________________________________________________________________ Laundry room: plate behind door not flush 32. ______________________________________________________________________________________________________________________________________________ Garage: service door touch up areas marked with tape 33. ______________________________________________________________________________________________________________________________________________ Garage: stem patch touch up areas marked with tape 34. ______________________________________________________________________________________________________________________________________________ Garage: paint door bucks 35. ______________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
Garage: adjust garage door so there is not a gap on east side when door is closed 36. _________________________________________________________________________________________________________________________________________________ Garage: service door - hardware not level 37. _________________________________________________________________________________________________________________________________________________ Great room: clean sliding glass door and frame 38. _________________________________________________________________________________________________________________________________________________ Great room: frame on south side has damaged area marked with tape touch up areas in room marked with tape 39. _________________________________________________________________________________________________________________________________________________ Bed 2: door, casing, baseboards, walls, ceiling touch up and black carpet stain by closet 40. _________________________________________________________________________________________________________________________________________________ Bed 3: door, casing, baseboards, walls, ceiling touch up areas marked with tape 41. _________________________________________________________________________________________________________________________________________________ Hall bath: buff countertop 42. _________________________________________________________________________________________________________________________________________________ Hall bath: door, casing, baseboards, walls, ceiling touch up areas marked with tape 43. _________________________________________________________________________________________________________________________________________________ Master bed: clean sliding glass door and frame,touch up areas marked with tape 44. _________________________________________________________________________________________________________________________________________________ Master bath: clean shower glass door, touch up areas marked with tape 45. _________________________________________________________________________________________________________________________________________________ Master bath: missing medicine cabinet shelves 46. _________________________________________________________________________________________________________________________________________________ Master bath: buff countertops - touch up areas marked with tape 47. _________________________________________________________________________________________________________________________________________________ Master bath: adjust medicine cabinet on west side 48. _________________________________________________________________________________________________________________________________________________ Master closet: door, casing, baseboards, walls, ceiling touch up areas marked with tape 49. _________________________________________________________________________________________________________________________________________________ Master bath: clean mirrors 50. _________________________________________________________________________________________________________________________________________________ Exterior: minor stucco crack top left corner front door 51. _________________________________________________________________________________________________________________________________________________ Exterior: wip down multi slide door and sliding glass door in master bed 52. _________________________________________________________________________________________________________________________________________________ Exterior: rear of home small crack top left corner of window 53. _________________________________________________________________________________________________________________________________________________ Entrance Interior: replace fire sprinkler head 54. _________________________________________________________________________________________________________________________________________________ Exterior: southeast corner roof metal needs to be painted 55. _________________________________________________________________________________________________________________________________________________ Great room: paint touch up light fixture and around light fixture 56. _________________________________________________________________________________________________________________________________________________ Great room: damage at sliding glass door needs repair 57. _________________________________________________________________________________________________________________________________________________ Kitchen: one touch up on cabinet between doors 58. _________________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS Pantry: 2 paint touch up areas on door and casing 59. _________________________________________________________________________________________________________________________________________________ Power room: 2 pain touch up areas on door and casing 60. _________________________________________________________________________________________________________________________________________________ Garage: adjust reveal on garage access door - hard to close 61. _________________________________________________________________________________________________________________________________________________ Front door: adjust door reveal 62. _________________________________________________________________________________________________________________________________________________ Master bed: touch up baseboard as marked with tape 63. _________________________________________________________________________________________________________________________________________________ Buff marble vanity in master bath and hall bath 64. _________________________________________________________________________________________________________________________________________________ Master bath: right vanity facing north touch up false drawer front 65. _________________________________________________________________________________________________________________________________________________
66. Master bath: touch up left vanity left drawer from sink cabinet _________________________________________________________________________________________________________________________________________________ Master bath: shower enclosure, adjust rubber strip 67. _________________________________________________________________________________________________________________________________________________ Master closet: door - sand top of closet door 68. _________________________________________________________________________________________________________________________________________________ Master bath: toilet room door - sand top of door 69. _________________________________________________________________________________________________________________________________________________ Master bath: utility closet door - sand top of door 70. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/14/2023 __________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Buyer’s Signature Date 4/14/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM
La Valencia Community: ______________________________ 60 Home Site: _____________________
Lauren Kim Buyer: _____________________________________
Buyer: _____________________________________
Buyer: _____________________________________
1. This Addendum is made with reference to that certain Purchase Agreement and Escrow Instructions (the Agreement) dated: _______________________ 3/13/2023 by and between NVH ICIC VENTURE 2 LLC (Seller) and the undersigned Buyer(s).
2. According to the terms of the Agreement and specifically in accordance with Paragraph 7C, Buyer(s) agrees to accept the home as constructed.
3. According to the terms of the Agreement and specifically in accordance with Paragraph 9, Seller and Buyer(s) have agreed that the Seller shall cause Contractor to remedy the Punch List items below in accordance with industry standards provided Buyer agrees to provide Seller, Contractor and their representatives reasonable access to the Home during normal business hours:
Exterior: stucco touch up areas marked with tape 1. ___________________________________________________________________________________________________________________________________________________ Exterior: metal flashing missing paint 2. ___________________________________________________________________________________________________________________________________________________ Exterior: clean sliding glass door and resolve touch up areas marked with tape 3. ___________________________________________________________________________________________________________________________________________________ Exterior: broken block at gate - marked with tape 4. ___________________________________________________________________________________________________________________________________________________ Exterior: front window - touch up edges 5. ___________________________________________________________________________________________________________________________________________________ Exterior: clean all window frames 6. ___________________________________________________________________________________________________________________________________________________ Exterior: stem patch touch up areas marked with tape 7. ___________________________________________________________________________________________________________________________________________________ Exterior: remove excess stucco - areas marked with tape 8. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door - clean or re-paint 9. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door: west side rubber stripping is sticking out 10. __________________________________________________________________________________________________________________________________________________ Exterior: west side - metal flashing has large gap 11. __________________________________________________________________________________________________________________________________________________ Exterior: door bell - stuck and will not stop ringing 12. __________________________________________________________________________________________________________________________________________________ Front door: clean threshold 13. __________________________________________________________________________________________________________________________________________________ Front door: adjust to open/close properly and smoothly 14. __________________________________________________________________________________________________________________________________________________ Front door: hardware and keypad are not level 15. __________________________________________________________________________________________________________________________________________________
Continued following page. Buyer’s Initials: _____________/_____________/____________
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
Front door: touch up areas marked with tape 16. ______________________________________________________________________________________________________________________________________________ Entry: door, casing, baseboards, walls, ceiling touch up areas marked with tape 17. ______________________________________________________________________________________________________________________________________________ Kitchen: cabinet touch up areas marked with tape 18. ______________________________________________________________________________________________________________________________________________ Kitchen: crown molding has nails visible 19. ______________________________________________________________________________________________________________________________________________ Kitchen: utility cabinet shelf has scratch 20. ______________________________________________________________________________________________________________________________________________ Kitchen: remove paint from electrical outlet plates 21. ______________________________________________________________________________________________________________________________________________ Kitchen: remove glue from inside of utility cabinet 22. ______________________________________________________________________________________________________________________________________________ Kitchen: adjust 4 doors to be level - marked with tape 23. ______________________________________________________________________________________________________________________________________________ Kitchen: buff countertops 24. ______________________________________________________________________________________________________________________________________________ Kitchen: baseboards and toe kick touch up areas marked with tape 25. ______________________________________________________________________________________________________________________________________________ Kitchen: pantry door, casing, baseboards, walls, ceiling touch up areas marked with tape 26. ______________________________________________________________________________________________________________________________________________ Powder room: electrical switch plate is cut or broken 27. ______________________________________________________________________________________________________________________________________________ Powder room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 28. ______________________________________________________________________________________________________________________________________________ Powder room: buff scratches from countertop 29. ______________________________________________________________________________________________________________________________________________ Laundry room: sand shelf 30. ______________________________________________________________________________________________________________________________________________ Laundry room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 31. ______________________________________________________________________________________________________________________________________________ Laundry room: plate behind door not flush 32. ______________________________________________________________________________________________________________________________________________ Garage: service door touch up areas marked with tape 33. ______________________________________________________________________________________________________________________________________________ Garage: stem patch touch up areas marked with tape 34. ______________________________________________________________________________________________________________________________________________ Garage: paint door bucks 35. ______________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
Garage: adjust garage door so there is not a gap on east side when door is closed 36. _________________________________________________________________________________________________________________________________________________ Garage: service door - hardware not level 37. _________________________________________________________________________________________________________________________________________________ Great room: clean sliding glass door and frame 38. _________________________________________________________________________________________________________________________________________________ Great room: frame on south side has damaged area marked with tape touch up areas in room marked with tape 39. _________________________________________________________________________________________________________________________________________________ Bed 2: door, casing, baseboards, walls, ceiling touch up and black carpet stain by closet 40. _________________________________________________________________________________________________________________________________________________ Bed 3: door, casing, baseboards, walls, ceiling touch up areas marked with tape 41. _________________________________________________________________________________________________________________________________________________ Hall bath: buff countertop 42. _________________________________________________________________________________________________________________________________________________ Hall bath: door, casing, baseboards, walls, ceiling touch up areas marked with tape 43. _________________________________________________________________________________________________________________________________________________ Master bed: clean sliding glass door and frame,touch up areas marked with tape 44. _________________________________________________________________________________________________________________________________________________ Master bath: clean shower glass door, touch up areas marked with tape 45. _________________________________________________________________________________________________________________________________________________ Master bath: missing medicine cabinet shelves 46. _________________________________________________________________________________________________________________________________________________ Master bath: buff countertops - touch up areas marked with tape 47. _________________________________________________________________________________________________________________________________________________ Master bath: adjust medicine cabinet on west side 48. _________________________________________________________________________________________________________________________________________________ Master closet: door, casing, baseboards, walls, ceiling touch up areas marked with tape 49. _________________________________________________________________________________________________________________________________________________ Master bath: clean mirrors 50. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM
La Valencia Community: ______________________________ 60 Home Site: _____________________
Lauren Kim Buyer: _____________________________________
Buyer: _____________________________________
Buyer: _____________________________________
1. This Addendum is made with reference to that certain Purchase Agreement and Escrow Instructions (the Agreement) dated: _______________________ 3/13/2023 by and between NVH ICIC VENTURE 2 LLC (Seller) and the undersigned Buyer(s).
2. According to the terms of the Agreement and specifically in accordance with Paragraph 7C, Buyer(s) agrees to accept the home as constructed.
3. According to the terms of the Agreement and specifically in accordance with Paragraph 9, Seller and Buyer(s) have agreed that the Seller shall cause Contractor to remedy the Punch List items below in accordance with industry standards provided Buyer agrees to provide Seller, Contractor and their representatives reasonable access to the Home during normal business hours:
Exterior: stucco touch up areas marked with tape 1. ___________________________________________________________________________________________________________________________________________________ Exterior: metal flashing missing paint 2. ___________________________________________________________________________________________________________________________________________________ Exterior: clean sliding glass door and resolve touch up areas marked with tape 3. ___________________________________________________________________________________________________________________________________________________ Exterior: broken block at gate - marked with tape 4. ___________________________________________________________________________________________________________________________________________________ Exterior: front window - touch up edges 5. ___________________________________________________________________________________________________________________________________________________ Exterior: clean all window frames 6. ___________________________________________________________________________________________________________________________________________________ Exterior: stem patch touch up areas marked with tape 7. ___________________________________________________________________________________________________________________________________________________ Exterior: remove excess stucco - areas marked with tape 8. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door - clean or re-paint 9. ___________________________________________________________________________________________________________________________________________________ Exterior: garage door: west side rubber stripping is sticking out 10. __________________________________________________________________________________________________________________________________________________ Exterior: west side - metal flashing has large gap 11. __________________________________________________________________________________________________________________________________________________ Exterior: door bell - stuck and will not stop ringing 12. __________________________________________________________________________________________________________________________________________________ Front door: clean threshold 13. __________________________________________________________________________________________________________________________________________________ Front door: adjust to open/close properly and smoothly 14. __________________________________________________________________________________________________________________________________________________ Front door: hardware and keypad are not level 15. __________________________________________________________________________________________________________________________________________________
Continued following page. Buyer’s Initials: _____________/_____________/____________
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
Front door: touch up areas marked with tape 16. ______________________________________________________________________________________________________________________________________________ Entry: door, casing, baseboards, walls, ceiling touch up areas marked with tape 17. ______________________________________________________________________________________________________________________________________________ Kitchen: cabinet touch up areas marked with tape 18. ______________________________________________________________________________________________________________________________________________ Kitchen: crown molding has nails visible 19. ______________________________________________________________________________________________________________________________________________ Kitchen: utility cabinet shelf has scratch 20. ______________________________________________________________________________________________________________________________________________ Kitchen: remove paint from electrical outlet plates 21. ______________________________________________________________________________________________________________________________________________ Kitchen: remove glue from inside of utility cabinet 22. ______________________________________________________________________________________________________________________________________________ Kitchen: adjust 4 doors to be level - marked with tape 23. ______________________________________________________________________________________________________________________________________________ Kitchen: buff countertops 24. ______________________________________________________________________________________________________________________________________________ Kitchen: baseboards and toe kick touch up areas marked with tape 25. ______________________________________________________________________________________________________________________________________________ Kitchen: pantry door, casing, baseboards, walls, ceiling touch up areas marked with tape 26. ______________________________________________________________________________________________________________________________________________ Powder room: electrical switch plate is cut or broken 27. ______________________________________________________________________________________________________________________________________________ Powder room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 28. ______________________________________________________________________________________________________________________________________________ Powder room: buff scratches from countertop 29. ______________________________________________________________________________________________________________________________________________ Laundry room: sand shelf 30. ______________________________________________________________________________________________________________________________________________ Laundry room: door, casing, baseboards, walls, ceiling touch up areas marked with tape 31. ______________________________________________________________________________________________________________________________________________ Laundry room: plate behind door not flush 32. ______________________________________________________________________________________________________________________________________________ Garage: service door touch up areas marked with tape 33. ______________________________________________________________________________________________________________________________________________ Garage: stem patch touch up areas marked with tape 34. ______________________________________________________________________________________________________________________________________________ Garage: paint door bucks 35. ______________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
Garage: adjust garage door so there is not a gap on east side when door is closed 36. _________________________________________________________________________________________________________________________________________________ Garage: service door - hardware not level 37. _________________________________________________________________________________________________________________________________________________ Great room: clean sliding glass door and frame 38. _________________________________________________________________________________________________________________________________________________ Great room: frame on south side has damaged area marked with tape touch up areas in room marked with tape 39. _________________________________________________________________________________________________________________________________________________ Bed 2: door, casing, baseboards, walls, ceiling touch up and black carpet stain by closet 40. _________________________________________________________________________________________________________________________________________________ Bed 3: door, casing, baseboards, walls, ceiling touch up areas marked with tape 41. _________________________________________________________________________________________________________________________________________________ Hall bath: buff countertop 42. _________________________________________________________________________________________________________________________________________________ Hall bath: door, casing, baseboards, walls, ceiling touch up areas marked with tape 43. _________________________________________________________________________________________________________________________________________________ Master bed: clean sliding glass door and frame,touch up areas marked with tape 44. _________________________________________________________________________________________________________________________________________________ Master bath: clean shower glass door, touch up areas marked with tape 45. _________________________________________________________________________________________________________________________________________________ Master bath: missing medicine cabinet shelves 46. _________________________________________________________________________________________________________________________________________________ Master bath: buff countertops - touch up areas marked with tape 47. _________________________________________________________________________________________________________________________________________________ Master bath: adjust medicine cabinet on west side 48. _________________________________________________________________________________________________________________________________________________ Master closet: door, casing, baseboards, walls, ceiling touch up areas marked with tape 49. _________________________________________________________________________________________________________________________________________________ Master bath: clean mirrors 50. _________________________________________________________________________________________________________________________________________________ Exterior: minor stucco crack top left corner front door 51. _________________________________________________________________________________________________________________________________________________ Exterior: wip down multi slide door and sliding glass door in master bed 52. _________________________________________________________________________________________________________________________________________________ Exterior: rear of home small crack top left corner of window 53. _________________________________________________________________________________________________________________________________________________ Entrance Interior: replace fire sprinkler head 54. _________________________________________________________________________________________________________________________________________________ Exterior: southeast corner roof metal needs to be painted 55. _________________________________________________________________________________________________________________________________________________ Great room: paint touch up light fixture and around light fixture 56. _________________________________________________________________________________________________________________________________________________ Great room: damage at sliding glass door needs repair 57. _________________________________________________________________________________________________________________________________________________ Kitchen: one touch up on cabinet between doors 58. _________________________________________________________________________________________________________________________________________________
SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/4/2023 __________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date
__________________________________________ ________________ Buyer’s Signature Date 4/4/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS Pantry: 2 paint touch up areas on door and casing 59. _________________________________________________________________________________________________________________________________________________ Power room: 2 pain touch up areas on door and casing 60. _________________________________________________________________________________________________________________________________________________ Garage: adjust reveal on garage access door - hard to close 61. _________________________________________________________________________________________________________________________________________________ Front door: adjust door reveal 62. _________________________________________________________________________________________________________________________________________________ Master bed: touch up baseboard as marked with tape 63. _________________________________________________________________________________________________________________________________________________ Buff marble vanity in master bath and hall bath 64. _________________________________________________________________________________________________________________________________________________ Master bath: right vanity facing north touch up false drawer front 65. _________________________________________________________________________________________________________________________________________________
66. Master bath: touch up left vanity left drawer from sink cabinet _________________________________________________________________________________________________________________________________________________ Master bath: shower enclosure, adjust rubber strip 67. _________________________________________________________________________________________________________________________________________________ Master closet: door - sand top of closet door 68. _________________________________________________________________________________________________________________________________________________ Master bath: toilet room door - sand top of door 69. _________________________________________________________________________________________________________________________________________________ Master bath: utility closet door - sand top of door 70. _________________________________________________________________________________________________________________________________________________
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW. 4/14/2023 __________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Buyer’s Signature Date 4/14/2023 __________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
__________________________________________ ________________ Buyer’s Signature Date
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__________________________________________ ________________ Seller Date
890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 DocuSign Envelope ID: D77C4A1D-50E7-4E94-BC95-4302DB5D6F14 B158C09A-A4D4-4581-BC8A-65E4C8CF6062
FINAL HOME ACCEPTANCE ADDENDUM ADDITIONAL ITEMS
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SUBMITTED, ACCEPTED AND AGREED TO ON THE DATES SHOWN BELOW.
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890 W. Elliot Road • Suite 104 • Gilbert, AZ 85233 CONCERNED ITEMS FOR 4081 E. AUGUSTA AVE, CHANDLER, AZ 85249 PREPARED FOR ROC HOMEOWNER: LAUREN KIM BUILDER: NEW VILLAGE HOMES (ROC#321001) PURCHASE DATE/CLOSING DATE: 17 APR 2023
Entire house:
• sloppy paint job along the edges where wall meets the ceiling and all corners • All doors top, bottom, sides were not sanded • A lot of doors have hanging or sticking out wood piece by the hinges • Touch up all baseboard corners. They were not done neatly and need to smooth out or redone • Check all door frames: a lot has dents, scratches, holes, extra paint dollop or drips, some touch ups are very noticeable • Exterior: uneven, not smooth surface on the bottom of the house • Exterior: not smooth finish along the bottom edges - normal? Especially all corners (metal pieces showing though on some area)
Laundry room
• Sloppy paint job along the ceiling edges • Sloppy paint job (streak?) by bigger ceiling vent • Grout separating from tile and base board by the dryer • Paint job by the door stopper (uneven) • Paint dollop in the corner wall, above the shelf basket • Sloppy paint job in the corner wall by the laundry hanger • SST box cover not flushed to the wall • Switch cover next to SST box not flushed to the wall • Sloppy paint job on the door frame (inside right) towards the bottom of the door frame • Door knobs are not leveled • Light switch cover right side not flushed to the wall • Sloppy paint job along the corners by between door frame and light switch and the bottom of the base board • Grout separating from tile along the door frame • Paint touch ups on the door frame are noticeable or incomplete
Powder room
• Door frame is in bad shape: lots of dents, cuts, holes, extra paint • Cosmetic damage on the door between the top and second hinge, edge of the door facing the hallway • Cosmetic damage on the right by second hinge, edge of the door facing the powder room • Door knob on the outside slightly not leveled • Sloppy sealant job along the sink • Excess paint on the outlet • Light switch cover top right corner not flushed • Sloppy sealant job on the light switch • Paint/texture inconsistency on the walls especially ceiling, corners by the mirror, above mirror across that wall. Whole room may need to be repainted. • Scratches on the mirror (mirror contractor said it needs to be completely replaced since the scratches are inside of the mirror) • Surface not smooth along the sink edges • Dents and scratches, broken under (look under left side), uneven finish on sink slab sides, something is stuck in the back • Rust? Right under the sink on the gold piece • Sink slab is not completely sealed along the right edge (look under) • Nail mark showing along cabinet, left edge and bottom across and right bottom, back edge piece as well • Nail damage on the side of the cabinet, top, facing toilet • Gap between cabinet left corner • Terrible touch up along the top left edge of the cabinet • Scratches on the top cabinet piece, top cabinet piece lower right has one as well, and corner edge • Sloppy sealant job along the corner of cabinet and baseboard corner. • Grout separating from tile by the bottom edge of baseboard and cabinet • Sloppy paint job by the toilet wall where the water hose goes • Toilet paper holder slightly uneven
Hallway by power room
• Texture inconsistency on the wall facing the powder room. • Few dents, scratches along the base boards • Touch up paint on corner where peeled • Touch up grout by the door stopper • Inconsistent texture by the thermostat
Pantry
• Check door frame, touch ups required and a lot of touch ups need to be redone as they are sloppy • Scratch? on the wall by left side of light switch • Inside pantry, gap in between door frame and wall - normal? • Texture inconsistency on the wall behind the door • Smooth out shelf corner piece edges and other bar piece edges, still rough • Touch up uneven areas on the shelf sides (extra paint, scratches), blue tapes still on few areas • Remove small dried up pieces of paint on the wall (few on the bottom wall behind the door • Visible dent (or was a hole?) on the bottom wall behind the door • Remove excess paint along the top of the baseboard by the wall behind the door where the dent is • Fix the corner grout (why is it white) on the bottom corner between door frame and baseboard behind the door • Cracks on grout on the bottom corner between door frame and baseboard behind the door • Scratches on the door hardware
Garage
• Garage door handles are not leveled, there are scratches around the hardware • Remove excess paint drops on the door • Smooth out top corners of the door frame where the slanted edges meet • Left top corner of the door frame needs to be filled in (broken piece of wood?) • Top door hinge middle part does not seem aligned • Crack along the door frame and wall, left side by the second door hinge • Pin sticking out from bottom door hinge • Door needs to be leveled • Door handle and lock are not leveled • Scratches on the lock hardware • Crack along the baseboard and door frame, left side of door • Two markings below the light switch • Light switch is not leveled • String sticking out from the garage opener on the wall - could potentially be a fire hazard • Cracks on the paint by the black strip • Crack on the bottom of right door frame • Repaint the touched up area (tiny wall next to right door frame) • Touch up paint on corner where peeled • Cracks along the bottom of baseboard, between baseboards