2023A-12249-CHC-ROC Notice of Hearing and Packet MAILED

2023A-12249-CHC-ROC · Registrar of Contractors · 2024-03-29

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Parker , Case No. 2023-12249 COMPLAINANT, Docket No. 2023A-12249-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE ICHIBAN SERVICES LLC DBA: Aqua Allure License No. ROC 333228,

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

May 8, 2024 9:00 AM Tammy Eigenheer 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 5, 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 March 27, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail March 27, 2024 to: Respondent(s) ICHIBAN SERVICES LLC DBA: Aqua Allure, 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

Complainant(s) Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

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. 2023-12249 /

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: Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

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: ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

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 6, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12249

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for December 4, 2023 at 10:00 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, Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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.

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 Complainant: Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

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: ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 December 14, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-12249

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for January 3, 2024 at 09:45 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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, Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

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

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Tom Cole, Director

Jobsite Inspection Notes

Case No.: 2023-12249 Investigator: Doug Barrett Inspection Date: 01-03-2024 Inspection Time: 9:45 AM

Complainant: Melissa Parker Respondent: Ichiban Services LLC Not Present: DBA: Aqua Allure Not Present:

Jobsite General Notes: Both parties were present, including Brian Walters from the Respondent. I discussed expectations versus minimum workmanship standards with the parties, including the fact that construction inherently by nature is not perfect.

Compliance Item: 1 – No Pebble finish installed. Investigator’s Observation: Verified. I observed the pool in the shotcrete phase with rough plumbing. Contractor should complete the interior finish and plumbing per the contract by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 2 – Pool equipment not installed. Investigator’s Observation: Verified. I observed the rough plumbing at the equipment location but no mechanical equipment or electrical installed. Contractor should complete the pool equipment installation per the contract by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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 RCC100 11/18

Compliance Item: 3 – Pergola wall and equipment wall not finished. Investigator’s Observation: Verified. I observed the pergola wall and it was unfinished on the top and rear. The equipment wall was also unfinished. Contractor should correct by appropriate mean. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 4 – Wall at side gate is cracked. Investigator’s Observation: Verified. I observed new block installed at the side gate from when the Respondent completed excavation. The newly installed blocks are cracked at the bottom. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

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 RCC100 11/18

Complaint #2023-12249 P 1 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 2 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 3 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 4 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 5 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 6 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 7 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 8 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 9 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 10 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 11 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 12 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complaint #2023-12249 P 13 JSI date 01/03/2024 at 9:45AM JSI PHOTOS Complainant: Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 February 1, 2024

License No. ROC 333228

Re:Complaint No. 2023-12249

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 02-22-2024.

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 reasons1, 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:

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 04/21 Compliance Item: 2 – Pool equipment not installed. Investigator’s Observation: Verified. I observed the rough plumbing at the equipment location but no mechanical equipment or electrical installed. Contractor should complete the pool equipment installation per the contract by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

Compliance Item: 4 – Wall at side gate is cracked. Investigator’s Observation: Verified. I observed a new block installed at the side gate from when the Respondent completed excavation. The newly installed blocks are cracked at the bottom. Contractor should correct by appropriate means. Governing Rule: ARS 32-1154(A)(3) Poor Workmanship namely Rule R4-9-108

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint #2023-12249 P 1 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 2 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 3 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 4 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 5 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 6 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 7 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 8 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 9 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 10 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 11 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 12 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 13 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complaint #2023-12249 P 14 CJSI date 02/26/2024 at 2:30PM CJSI PHOTOS Complainant: Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2023-12249 Investigator: Doug Barrett Inspection Date: Monday, February 26, 2024 Inspection Time: 2:30 PM

Compliance Jobsite General Notes: The Complainant was present, no one from the Respondent was present.

Compliance Findings: I observed no work started or completed for Compliance Items 1, 2, or 3.

Compliance Item 4 had been repaired and completed.

Note:

Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.

If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Complainant: Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Respondent: ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 February 26, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2023-12249

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Monday, February 26, 2024 at 2:30 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Doug Barrett Doug Barrett, Investigator 602 7716775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

CC: Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Melissa Parker, Case No. 2023-12249 COMPLAINANT, v. ICHIBAN SERVICES LLC, CITATION DBA: Aqua Allure, License No. ROC 333228,

RESPONDENT.

The Registrar issues this Citation to ICHIBAN SERVICES LLC, DBA: Aqua Allure, (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by March 20, 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 23, 2023, Melissa Parker, (“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

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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 contractor shall perform all work in a professional and workmanlike manner. 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. 2023-12249. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways:

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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 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than March 20, 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.

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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 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 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

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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 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 5, 2024. By: /s/ Gail Mathews Gail Mathews Legal Assistant II Legal Department Arizona Registrar of Contractors

COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, March 5, 2024 to: Respondent Certified Mail No: [number redacted] ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257 Copy mailed by USPS First Class mail this same date to:

ICHIBAN SERVICES LLC DBA: AQUA ALLURE 7620 E McKellips Rd #4-77 Scottsdale, AZ 85257

Complainant Melissa Parker 2272 E Kelly Dr Gilbert, AZ 85298

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. 2023-12249 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 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)

Melissa Parker Mailing Address (Enter jobsite in Contract/Project section) City State Zip

2272 E Kelly Dr Gilbert Arizona 85298 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)

AQUA ALLURE ROC 333228 Street Address City State Zip

Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Brooks A Knoll;Linda Jean Thorp Contract/Project Information Contract Date Contract Amount Amount Paid

Date Work Started Date Work Stopped Date Work Was Completed

Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

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 Have you filed a complaint in court? No Has any work been corrected?

RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

The contract was All change orders were This project was This project involved Other

A building permit was obtained by Contractor 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)

Contract was made on 4/27/2022 Originally was promised completion date would be 11/1/2022-which is what was relayed to HOA as well. Met at property 8/16/22 9/16/22 shotcrete 10/25/22 Was suppose to have hardscape completed. 1/31/2023 was told that pebble tech was next-not completed 2/9/23 was told title was scheduled and then landscape-not completed 2/10/23 turf so side yard was supposed to be scheduled. -not completed 2/24/23 came on site for punch list also mentioned that he was not charging for the side yard pavers and turf-Have text messages to prove as well. 3/3/23- Final payment was provided. Total of $85,000 paid in full. 4/13/23- asked for completion date after multiple times of it being pushed out over and over with barely any communication. 9/18/2023- last correspondence from Brian and haven’t heard since. It's been 1 year and almost 6 months and they have been paid in full but no progress. The side yard is a complete disaster of trash. Side gate was taken out, then replaced but the concrete holding the gate is all cracked and broken. The front yard side plants were all killed due to them working on that side.

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

Melissa Parker \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 620D0C4F-AB5A-42ED-A406-881C8813B62A ROC 333228 7620 Mckellips Rd Suite 4 #77 CONSTRUCTION CONTRACT SPECIFICATIONS Scottsdale AZ 85254

Date: ______________________________________ 27Th April 2022 Job Name:____________________________________________________________ Parker This contract made as of the date of written acceptance by Aqua Allure Pools, herein termed “Contractor”, and party named below herein termed “Buyer”. Name of Home Owner on Title: ______________________________________________________________ Leilani and Melissa Parker Herein Termed “Buyer Residence Const. Add. _________________________________ 2272 E. Kelly Dr. City: _______________ Gilbert State: _____ AZ Zip: ___________ 85298 Phone: _________________ Business Present Address: _____________________________ 2272 E. Kelly Dr. City: _______________ Gilbert State: _____ AZ Zip: __________ 85298 Phone: _________________ All correspondence to be Alt. sent to this address: ___________________________ 2272 E. Kelly Dr. City: _______________ Gilbert State: _____Zip: AZ ___________Phone: 85298 __________________ 480.2823919 Leilani cell

Legal Description: Lot ________________ Subdivision ___________________ Email: _________________________________________ [email redacted]

Utilities: Gas Co _______________ Electric Co. ________________ Water Co. ________________ Sewer Co.______________________ NOTE: All pool dimensions on straight line pools are taken at maximum length and width. All dimensions on free form pools are taken at radius points and maximum length. Area is maximum water surface area including spas, alcoves, love seats, etc. Perimeter is distance around pool at water’s edge which includes spas, alcoves, love seats, etc. MAXIMUM WIDTH:______________________ 12.6 feet MAXIMUM LENGTH______________ 26.5 feet WATER SURFACE AREA:_____________ square feet 266 PERIMETER______________________ lineal feet

DEPTH:__3.5 _______feet to ________feet to _______ feet

PLAY POOL BREAK DEEP POOL 6’ OR GREATER, NON DIVING WITH BREAK DEEP POOL 6’ OR GREATER NOT DIVING NO BREAK DIVING POOL WITH DIVING BOARD BREAK ALL NUMBER AND SUBPARTS MARKED WITH AN X IN THE APPROPRIATE BOX, INDICATED INCLUDED OR EXCLUDED FORM THIS CONTRACT. Incl. Excl. (Items not marked are excluded.) Modifications included by Items listed below are to be done by buyer at buyer’s Aqua Allure Pools expense & are buyer’s responsibility

Landscaping, drainage of yard, remaining dirt, fencing &

barrier requirements:____________________________ Additional charges for relocation and/or repairs of sanitation, utility (overhead or underground), sprinkler lines, etc., if required to be paid by buyer_______________________ Animals to be restrained during the construction of pool.

Final measurements and elevations to be determined. Extra runs and elevation changes to be paid by homeowner.

INITIAL_________

YOU, THE BUYER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE TO BUYER ON THE REVERSE SIDE OF THIS AGREEMENT FOR AN EXPLANATION OF THIS RIGHT. THE GENERAL TERMS AND CONDITIONS OF THE REVERSE SIDE ARE PART OF THIS CONTRACT. Payment Method Base Tax Total Cash Holdback CEO Pool Contact $ ____________ 85,000.00 Date________ ✔ Self Financed Landscaping House Finance Contract $ ____________

Credit Card 3% Fee Applies $_____________

INITIALS____________ ($___________ 12,750.00 ) All extra work orders paid prior to interior finish Pool meets or exceeds ANSI diving pool specifications ($___________ ) ✔ Pool is not intended for use as a diving pool. $__72,250.00 ___________ Re-sale Number (if applicable)_____________________ 5/17/2022 ______________________________________________________________________________________________________________________ SUBMITTED BY DATE BUYER’S SIGNATURE DATE

______________________________________________________________________________________________________________________ This agreement becomes valid upon signature of company manager. BUYER’S SIGNATURE DATE DocuSign Envelope ID: 620D0C4F-AB5A-42ED-A406-881C8813B62A WARRANTY STRUCTURAL WARRANTY Aqua Allure Pools warranties to the original purchaser that the pool shell /will remain structurally sound and free of rebar rust migration for as long as you own your pool. Structurally sound is defined as maintaining the structural integrity of the concrete pool shell so as to withstand all required loads without cracking or causing water loss. Should the shell be determined not to be structurally sound, Aqua Allure Pools will, at no cost to the original purchaser, repair the pool shell to restore its structural integrity and water holding capacity.

PEBBLE RADIANCE®, PEBBLE TEC®, PEBBLE SHEEN® & TILE FINISH WARRANTY Pebble Radiance®, Pebble Tec® and Pebble Sheen® pool finish material installed underwater by Aqua Allure Pools shall be warranted to the original owner from failure as long as you own your pool. Underwater Tile finishes are warranted for 3 years starting from the install date to the original Buyer. Labor costs to repair or replace defective underwater Pebble Radiance®, Pebble Tec® or Tile Pool Finishes shall be covered for a period of 3 years from pool completion date.

PAVER DECK WARRANTY All paver deck materials installed by Aqua Allure Pools shall be warranted from failure as long as you own your pool. Labor cost to repair or replace defective paver decking shall be covered for a period of 3 years from pool completion date. MASONRY WARRANTY All masonry materials installed by Aqua Allure Pools shall we warranted from defects or failure as long as you own your pool. Labor cost to repair or replace defective Masonry materials shall be covered for a period of 3 years from pool completion date.

IN-FLOOR CLEANING SYSTEM WARRANTY All in-floor cleaning systems and parts shall be warranted from failure as long as you own your pool. Labor cost to repair or replace cleaning system shall be covered for a period of 3 years from pool completion date to the original owner.

MONTH POOL EQUIPMENT WARRANTY Pool equipment installed by Aqua Allure Pools shall be warranted to the original purchaser from failure for a period of 36 months from pool completion date (Salt chlorinations cells, incandescent or UV light bulbs, cartridge elements and D.E. grids are not included). Items covered under this warranty shall be repaired or replaced at Aqua Allure Pools expense should failure occur within 36 months from pool completion date at long as such failure is not determined to be due to neglect or damage by the owner or per the general conditions listed below.

GENERAL CONDITIONS Your warranty coverage starts from the original date of completions, such date is determined by when the pool was initially full of water and mechanically started by Aqua Allure Pools. All covered repairs or replacement costs shall be at NO CHARGE OR NO DEDUCTIBLE to the original purchaser for the first 24 months of the warranty. On or after 24 months, a standard service deductible shall apply. Equipment and installations made by Aqua Allure Pools which are not specifically listed in the warranty shall be covered by our standard warranty for a period of 36 months. Aqua Allure Pools is not responsible for discoloration or deterioration of pool finishes, decks and masonry determined to be due to weather, pool water or solar exposure. It is the Purchaser’s responsibility to maintain their pool and proper water chemistry per Aqua Allure Pools maintenance manual. Aqua Allure Pools will not be responsible for any claim of warranty caused by improper maintenance or from purchaser’s neglect. Aqua Allure Pools will not warranty any items provided or installed by the purchaser or purchaser’s agent and shall not be liable for any loss or damage resulting there from. It is the purchaser’s responsibility to keep all irrigation lines, grass and plants at least 2” from the edge of any pool decking. Aqua Allure Pools will make every effort to match original equipment or colors on warranted items; but due to ever changing markets, all warranty parts and colors are a the discretion of Aqua Allure Pools. Leilani Parker Purchaser__________________________________________________________________________________________________________________________ Print name Purchaser__________________________________________________________________________________________________________________________ Signature Construction address ________________________________________________________________________________________________________________ 5/17/2022 Sign ____________________________________________________________________________________________ Date _____________________________ (For e-mail and faxed contracts) By signing I acknowledge receiving this document

NOTICE OF CANCELLATION 5/17/2022 Date of Contract

YOU MAY CANCEL THIS TRANSACTION, WITHOUT PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS OF THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD CONDITIONS AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER’S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, Aqua Allure Pools, 7620 E McKellips Rd Suite 4 #77 Scottsdale, AZ 85016, NOT LATER THAN MIDNIGHT OF ____________________________. (DATE)

I HEREBY CANCEL THIS TRANSACTION.

X __________________________________________________________________________________ DATE _____________________________ BUYER’S SIGNATURE GENERAL DocuSign Envelope ID: 620D0C4F-AB5A-42ED-A406-881C8813B62A ELECTRICAL 1. Aqua Allure pools is licensed and bonded with the Arizona Registrar of 45. Additional charges for upgrade, relocation and replacement of all existing Contractors and will provide all standard engineering plans, building permits electrical service, fixtures and panel if required by code to be paid by Buyer and lien releases. Furthermore, there will be no additional cost to Buyer unless included under modifications of contract. resulting from any rain or dust damage to pool structure during construction. 46. Incl. Excl. 2. Layout pool before excavations to be approved by Buyer Contractor 47. Hand Held Remote...... Type:______________________ Incl. Excl. Temporary mesh fence............................................................. Incl. Excl. 48. Antuator Valves Quan._______ Use___________........... Incl. Excl. 3. Normal elevation or ________________ .............................. Incl. Excl. 49. Ground fault interrupter for pool light................................ Incl. Excl. 4. Love seat(s): Quantity_______ Size(s)________ ................. Incl. Excl. 50. Electrical conduit 1/2”___ ft 3/4”___ ft 1”___ ft Incl. Excl. 5. Bench(es) attached to second step: Size_______ ............... Incl. Excl. 51. Electrical conduit special use:______________________ Incl. Excl. 6. Other benches: Size__Around ________________ table per plan ........................... Incl. Excl. 52. Light Conduit: Feet:_____________________________ Incl. Excl. 7. Oversized step: Top Second ....................................... Incl. Excl. 53. Pool Light: Quantity_________ 3 400 WATT LED Incl. Excl. 8. Raised Bond Beam.................................................................... Incl. Excl. 54. Junction box at ________________..................................... Incl. Excl. ________________ feet of 6” ______________feet of 18” 55. Electrical bonding for pool.................................................... Incl. Excl. _______________ feet of 12” ______________feet of 24” 56. Sub-Panel.................................................................................. Incl. Excl. 9. Fence in access: Open access: Gate_________ft. ROCK WORK / WATER FEATURES Removed by: Buyer Contractor Stucco by: Buyer Contractor 57. Rock Waterfall: Size______________________________ Incl. Excl. Replaced by: Buyer Contractor Paint by: Buyer Contractor 58. Rock Type: Surface Select Gray Granite Artificial Incl. Excl. 10. Fence type:__Block _____________ No. of Sections:_______________ 1 59. Accent Boulders: Quantity________________________ Incl. Excl. No. of Pilasters:_________________ Gate:_____________ 60. Underwater Boulders: Quantity____________________ Incl. Excl. 11. Pool Barrier Codes:.................................................................. Incl. Excl. 61. Artificial Work:_________________________________ Incl. Excl. Service Door Closer Quan.:____________ ........................... Incl. Excl. TILE Sliding Glass Door Closers Quan.:________ ...................... Incl. Excl. 62. Tile Full Waterline: Size......................................................... Incl. Excl. Gate Springs Quan.:__________ ............................................ Incl. Excl. Tile Group: A B C D........................................ Incl. Excl. Door Alarms Quan.:_________________ ........................... Incl. Excl. 63. Spa Perimeter Tile................................................................... Incl. Excl. Wrought Iron Fence................................................................. Incl. Excl. 64. Tile Inserts................................................................................ Incl. Excl. Wrought Iron Footage________ Color________ Type___________ 65. Raised bond beam with tile +6” +12” +18” +24” * Buyer is responsible for min. fence and gate heights if not installing Raised bon beam with stacked stone +6” +12” +18” +24” wrought iron fence around rull perimeter of pool area. Furthermore, buyer DECK is responsible to make sure that neighbors’ property does not violate buyer’s 66. Natural Concrete: Total sq. ft._______ ............................... Incl. Excl. property minimum barrier requirements. Codes vary by city or count, please 67. Acrylic Deck sq. ft.________ Color______________ Incl. Excl. check with your sales person for additional information. 68. Paver Deck sq. ft.________ 230 Type______________ Travertine Incl. Excl. INITIALS_____________ 69. Paver Deck Pattern________________________ Random ............ Incl. Excl. EXCAVATION 70. Acrylic on existing Concrete: sq. ft.________........... Incl. Excl. 12. Pregrade__________ sq.ft. Type:_________________ Incl. ■ Excl. Pavers on existing concrete sq. ft.________........... 146 Incl. Excl. 13. Backhoe Excavation______________________________ Incl. Excl. 71. Volleyball/Umbrella Sleeves: Trackhoe Excavations____________________________ Incl. Excl. In pool: Quantity_______ in deck: Quantity________ Incl. Excl. 14. Bobcat Mini I Mini II Mini III Incl. Excl. 72. Basketball Sleeve...................................................................... Incl. Excl. Combo Dig____________________________________ Incl. Excl. 73. Approximate min. width around pool: ____________ feet Incl. Excl. Additional charges for unusual soil and/or rock or caliche conditions and 74. Cantilever formed deck.......................................................... Incl. Excl. additional shotcrete if required to be paid by buyer. 75. Step Forming: __________ Total lineal feet___________ Incl. Excl. INITIALS_____________ 76. Acrylic facing for turndown: 15. Load over fence_________________________________ Incl. Excl. _________ of 6” _________of 12” __________ of 18”.......... Incl. Excl. 16. Dirt removed day of excavations only________________ Incl. Excl. 77. Deck-o-drain, total lineal feet................................................ Incl. Excl. 17. Dirt left (job site)________________________________ Incl. Excl. INTERIOR POOL FINISH Buyer must be present day of excavation to direct amount and location of dirt 78. Standard white plaster ...................................................... Incl. Excl. left on property. Buyer will be responsible for dirt left. 79. Upgrade plaster Type_________ Color_________ Incl. Excl. PLUMBING 80. StoneScape pebble _________________________ Incl. Excl. Plumbing is schedule 40: Non corrosive, N.S.F. 81. Other ________________ Color __________________ Incl. Excl. Approved; pressure tested during construction 82. Buyer to supply water to fill pool promptly after interior finish Buyer 18. Distance from skimmer to filter__________________ 20 feet Contractor CLEAN UP * 19. Main drain(s): Quantity_____ 1 Line size ________ 2.5 inches Contractor 83. Clean up all construction debris (final clean up) Contractor 20. Skimmer(s): Quantity_____ 1 Line size__2_______ inches Contractor 84. Berm around deck Contractor 21. Return(s): Quantity__3___ Line size________ 1.5 inches_ Incl. Excl. 85. Fill in tire tracks in access area Contractor 22. SURFACE RETURNS ARE INCLUDED WITH IN-FLOOR SYSTEMS IF * Only construction debris will be removed SPACE IS AVAILABLE START UP 23. Aerator(s): Quantity________ ________ inches Incl. Excl. 86. Start up and operating instructions Contractor 24. Pool Therapy Head(s): Quantity_______ total run________ feet 87. Maintenance Kit: 16’ pole, leaf net, thermometer, Locations: Loveseat Step area Other __________ Incl. Excl. pool test kit, backwash hose 20ft (as needed) and startup chemicals. Contractor 25. Therapy air line location......................................................... Incl. Excl. THERAPEUTIC SPA 26. Ridge backwash:________ Linear Feet_________ .......... Incl. Excl. Spa size__________________ 5'x8' sq. ft._______ Perimeter_____________ 27. Automatic water leveler with vac. breaker_____ ft. line..... Incl. Excl. Spa equipment: common with pool separate Sheer descent size:___________________ - 3ft ......................... Incl. Excl. 1. Therapy heads: Quantity:____________ ................................ Incl. Excl. 29. Other:_______________________ .................................... Incl. Excl. 2. Remote: Hand Held Desktop Controller................ Incl. Excl. EQUIPMENT 3. Air Canister Blower..................................................... Incl. Excl. 30. Filter Size_______________ _ CART 520 ✔ DE SAND Contractor 4. Spa Light 60 WATT LED. . .................................. Incl. Excl. 31. Self-priming pump: Size______ 3 H.P. Mtg.__Pentair _________ Contractor 5. Dam divider wall: Length________ Type_____________ Incl. Excl. Booster pump: Quantity_____ 1 H.P.______ Use_______ *Spa to be manually cleaned by buyer unless infloor cleaning is purchased. 32. Diving Board: Color___________________ Model______________ Incl. Excl. MISCELLANEOUS 33. Heater(s): 400K 250K ________________________________________________________________ LF +60" Media wall with tile facing 3 sides Propane Natural Gas Incl. Excl. 34. Electric Heat Pump............................................................... Incl. Excl. ________________________________________________________________ 9x12 Alumawood projection pergola per plan

Heat Only................................................................................. Incl. Excl. Heat/Cool................................................................................ Incl. Excl. ________________________________________________________________ 285 sq ft Synthetic turf 70 oz

35. Propane Tanks No Fuel Inc, Regulator, Hook-up size______ Incl. Excl. ________________________________________________________________ - Queen Palms 36. Gas Line: Size_____ Total Run__________feet............. Incl. Excl. 37. Sanitizer type: Salt Ozone Deck Chlor Other Incl. Excl. ________________________________________________________________ - Pygmy date palms

UV Intellichem CLEANING SYSTEMS ________________________________________________________________ Extend drip system from front yard - utilizing existing valves and timer

38. (Pool)................................................. Incl. ✔ Excl. ________________________________________________________________ tons Gravel 3/4' screened (Spa).................................................. Incl. ✔ Excl. 40. Suction Cleaner....................................................................... Incl. ✔ Excl. ________________________________________________________________ POOL REINFORCING 41. Pool will be structurally engineered by a Licensed Engineer. ________________________________________________________________ SHOTCRETE ________________________________________________________________ 42. Shotcrete — 6 inches in walls and floors, 6-8 inches in coves Contractor 43. 6” x 12” bond beam continuous____________________ Contractor ________________________________________________________________ 44. Watercure gunite shell by Buyer. To be done from existing patio. INITIALS_____________ * All attached addendum or work orders are made part of this contract. Facsimile signatures are acceptable there on. DocuSign Envelope ID: 620D0C4F-AB5A-42ED-A406-881C8813B62A WARRANTY, GENERAL TERMS AND CONDITIONS

NOTICE TO BUYER 1. Do not sign the agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time you sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing; you shall be entitled to a full rebate of any unearned finance and insurance charges. 4. You may cancel this agreement any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of rights. 5. It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement.

PLANS AND SPECIFICATIONS 1. The plans and specifications attached hereto form part of this contract. In case of conflict between the provisions stated in such plans and specifications and the terms within the contract, the terms of the contract shall prevail. 2. All the measurements as provided in the plans specifications are approximate and may vary within reasonable tolerances not to exceed 3%. Buyer and seller agree it is impractical to fix actual damage in the event deviations in pool dimensions and therefore agree liquidated damages for errors by contractor in the water surface area of the pool shall be $5 per square foot.

BUYERS RESPONSIBILITY 3. The swimming pool, equipment and utilities shall be constructed upon the land and in the locations upon such land designated by the buyer. Even though the contractor may assist buyer in locating pool, equipment and utilities, buyer warrants that he is familiar with the location of his property lines and the pool site here in agreed-upon is within the said property lines. However, the buyer shall have complete responsibility for the accurate determination of property line and shall have complete responsibility for, and pay all costs necessary in attaining all necessary zoning variances, easements, waivers, or associated permits. Buyer covenants and agrees to indemnify and save harmless contractor from any suit, action or claim of buyer or third person, firm or corporation for the location of said pool by contractor in the place designated by buyer. Even though contractor may assist buyer in locating utility lines, the buyer is responsible for any costs in connection with underground utilities incurred either as a result of contractors efforts or third parties such as public utilities. 4. In the event buyer authorizes access your adjacent properties for contractors use during construction, buyer is required to obtain permission from the owner(s) of the adjacent properties for such use, and buyer agrees to be responsible and to hold contractor harmless and except any risk thereof. 5. It should be the responsibility of the buyer to furnish any water, power, or other utility necessary to construct said pool at the said location for the use of the contractor. Installation of extra service and/or circuit in buyers electrical panel box and or removal and/or replacement of overhead wires to comply with existing codes must be paid for by buyer above contract price. 6. Buyer agrees to assume all liability for damage to the driveway, walks, curbs, shrubs, sewers, sprinkler systems, patio, underground lines, fences or lawn, or any rerouting of irrigation water. Buyer agrees that during construction of swimming pool, buyer will be liable for any damage to any part of the swimming pool by irrigation water, vandals or any other persons or things not within the control of the contractor. Any pool equipment or appurtenances subject to this contract delivered to the job site are buyers property and if removed our buyers responsibility.

SOIL CONDITIONS 7. This contract price is based on the following mutual assumptions of fact and is hereby mutually agreed that in the event the contractor, in excavating the location of the swimming pool shell and encounter unusual conditions including but not limited to the following: caliche, Subterranean water, flotation of pool due to external water, granite, or any like or unusual subsurface conditions, mass concrete, unusually large boulders or the like, or shall be required to move piping, cesspools or the like, where that’s at location should consist of low density fill, soil of inadequate bearing capacity or should contain underground electrical conduit or other obstructions not apparent from the inspection of the surface, or in blasting or jackhammer work or ripper tooth type construction or other than normal, It is used or required, and that no underground or surface water conditions will interfere with the work or operation of the completed structure of installation. Buyer agrees to pay for these additional items and or any associated charges as an additional cost to the contract price. Drainage beyond the pool decking is buyers responsibility. If pool is under warranty buyer is responsible to supply water, power and acceptable drainage area.

DELAYS 8. Contractor agrees to construct the pool diligently. Contractor shall not be responsible for delay or damage caused by failure to perform work or furnish materials or equipment due to acts of God, conditions created by the threat of or inclement weather, war, riot, or civil disturbance, strike, government prohibition, delays caused by buyer, non insurance of all required permits affecting the pool, availability of construction materials, or other reason beyond its control. 9. Contractor may cancel this contract without notice or recourse to the buyer and retain any deposits received from the buyer as liquidated damages. Furthermore it is understood that should contract be canceled as mentioned above, and the buyer subsequently re-contracts with the contractor, that the contractor is not obligated to buy or to honor the pricing structure that was in existence at the time of the original contract, and that the contractors current pricing structure will prevail on any subsequent re-contracts.

WORK CHANGES 10. Request any changes or additions to this contract desired by the buyer shall be made in writing at the price as mutually agreed, signed by both parties and shall become part of this contract. Also arms and charges or additions shall be due and payable as the work progresses, Concurrently with the other progress payments, and the contractor shall have the right to stop work and to keep the job title if payments are not made when due. 11. Contractor assumes no responsibility or liability for work performed by the buyer, equipment or materials supplied by the buyer, any subcontractor or third party for work relating to the construction of the pool or damages to the swimming pool resulting from work performed by the buyer, equipment or material supplied by the buyer, any subcontractor or third- party, even though the contractor or his agents may have recommended to the buyer said equipment, materials, subcontractor for third-party.

GENERAL 12. This contract and any addendum’s in writing is the full agreement between the parties, and the parties are not bound by any statements or representations or oral expression by any agent or person purporting to act four or on behalf of either party. This agreement is not binding upon contractor unless and until it is excepted by an authorized officer thereof. Copies do not require written acceptance. Pool is plastered and original consumer has complied with all terms of this contract, including payment in full, this contract shall have been completed. The buyer agrees and understands his responsibility as to fill the pool and maintain the pool from completion date. 13. The buyer agrees to water the shotcrete as directed from not closer than five feet from edge of pool. 14. It is the buyers responsibility to maintain control of pets and children in the pool construction area of the backyard. 15. The buyer agrees to provide a maintain all necessary fencing, safety devices and barrier requirements required by city and local government. 16. After execution of contract and prior to excavation, buyer agrees to pay a stipulated sum for damages in the amount of $1000 in the event of cancellation by the buyer. Buyer also agrees that in the event of a breach or cancellation of buyer after excavation, buyer shall be responsible for the job cost and construction profits. In the event that any action or proceeding shall be brought to the buyer for the purpose of determining or enforcing his rights under this agreement, and in the event that contractor shall prevail in such action or proceeding, contractor shall be entitled to recover from buyer all costs and expenses incurred by contractor in defending such action or proceeding, including a reasonable attorneys fees. In the event contractor shall be required to employ an attorney to enforce collections of any payment required to be made by buyer to contractor under this agreement, buyer agrees to pay contractor a reasonable amount as and for attorneys fees although legal action either was not instituted or not completed to judgment. In the event payments as hear in specified are not paid, contractor may discontinue work until the entire balance has been paid and then complete its work.

5/17/2022 Sign ______________________________________________________________________________ Date ________________________________________ (For email and fax contracts) By signing I acknowledge receiving this document. INVOICE Bill To

Melissa Parker 2272 E. Kelly Dr Gilbert , AZ 85298 (480) 381-2010

Aqua Allure Pools Payment terms Due upon receipt Invoice # 410 7620 E McKellips Rd Scottsdale , AZ 85257 Date 06/26/2023 Phone: (602) 491-9212 Email: [email redacted]

Description Total

Pool, spa and landscape $85,000.00

Subtotal $85,000.00

Total $85,000.00

Payment Summary

01/02/2023 - Check $85,000.00

Paid Total $85,000.00

Remaining Amount $0.00

Melissa Parker

Received via Homeowner Portal on 6/3/2022 at 7:26 AM Belrose Community Association 4645 East Cotton Gin Loop Phoenix, AZ 85040 Telephone: (602) 437-4777 Fax: (602) 437-4770

ARCHITECTURAL REQUEST

If you require more space or have further details, please include them as an attachment on a separate page. Also, please submit all sketches, drawings, photos, and sample material brochures related to the proposed change along with paint color samples (if applicable).

Once you mail, email, deliver, or otherwise submit your improvement for review by the Architectural Committee to City Property, you will receive an "Acknowledgement" of receipt of your submittal by City Property within 5 business days. If you do not receive this "Acknowledgement" letter within 5 business days, contact us immediately. Do not start work without approval as you may be required to remove changes of improvements at your own cost. You may submit your form by logging into your account at http://homeowners.cityproperty.com and selecting the "Submit an Architectural Request" menu item. Alternatively, you may email your completed form and all attachments to [email redacted]

Date: 06/03/2022

Account Number: 194 Property Address: 2272 E. Kelly Dr, Gilbert, AZ, 85298

Owner's Name: Melissa K Parker & Leilani V Parker Mailing Address: 2272 E. Kelly Dr City: Gilbert State: AZ Zip Code: 85298

Home Phone: [number redacted] Alternate Phone: 480-381-2010 Email: [email redacted], [email redacted]

Preferred method of contact/response: o Mail þ Email

Summary of Architectural Request: Pool-Backyard

Description of Project: Backyard pool and spa with landscaping. Please refer to plans for more details.

Dimensions: 26'x12'

Materials: Travertine, artificial turf,

Location: Backyard

Colors: grays

Vendor/Contractor: Aqua Allure Pools & Spa

Start Date: 06/06/2022 Completion Date: 11/01/2022

þ The homeowner agrees to the following: (1) Provide positive drainage away from their home, walls and neighboring properties including Common Areas, if applicable. (2) The homeowner agrees to maintain the improvement if approved by the Architectural Committee. (3) The homeowner agrees to comply with all City, County and State laws/ordinances/codes/etc. and must obtain all required permits.

Melissa K Parker & Leilani V Parker 06/03/2022 Lot Owner Date

OFFICIAL USE ONLY: Request ID #: APPROVED CONDITIONAL APPROVAL DISAPPROVED

COMMENTS:

Belrose Community Association Date EXCAVATION POOL: 12'6" x 26'6" SPA: 5' x 8' ACCESS: R/R (1) SEC, (1) PIL, (1) GATE EXCAVATION: BOBCAT DIG DIRT: REMOVE FROM SITE B.B. SET @: #" - SUPER TO FIELD VERIFY!! RBB: SPA RAISED+18" NOTES: - +18" FIRE CHANNEL PLUMBING TILED STOOLS W/TRAVERTINE CAP CLEANER: A&A UPTO XXCOLOR HEADS IN POOL & STACKED STONE 2" MPORT RET. @ 10' SKIMMER: VENTURI 2.5" SUCT. @ 7' 2" SUCT. @ 7' EASED EDGE +12" RAISED CMU WALL DRAINS:CHANNEL 2.5" SUCT. @ 18' RETURNS: (4) LOOPED 2" RET. @ 99' TRAVERTINE 36" SHEER W/TRAVERTINE CAP & AWL: 3/4" @ 40' COPING DESCENT STACKED STONE FACE WATER FEATURE(S): 1.5" RET. @ 20' 2" RET. @ 22' WATER FEATURE(S): 2" SUC. @ 8' VALVE BOX (TYP) SPA: (2) SDX 2.5" SUCT. @ 27' MEDIA WALL W/STACKED TRAVERTINE THERAPY JETS: 8 BLOWER: 1.5 HP 2" RET @ 27' 2" AIRLINE @ 27' STONE FACING ON (3) DECKING GAS: 1.5" PE @ 80' 1" PE @ 30' SIDES & ALUMAWOOD NOTES: SOLID PANEL ROOF

4'-6" EQUIPMENT PUMP1: INTELLI VS FILTER:520 CARTRIDGE

9'-5" SANITATION: OZONE +18" POOL EQUIPMENT 0" +12" +12" 0" EQUIP. PAD: (2) 2' x 3' (1) 2' x 2' R R AUTOFILL: PARALEVEL W/400K NG HEATER HEATER: 400K btu NG 9'-3" 26'-6" 13'-9"

TOUCH & AUTOMATION

EASY BLOWER: 1.5 HP

4P NOTES: 4' 4' 5' 5' 3'6" 3'6" 12'-1"

12'-6" STEEL - STANDARD 5 BAR BOND BEAM SURCHARGE: DEEPER THAN 5' WATER DEPTH

CART 520 NOTE: SPA RAISED +18" LED R NOTES: LEAVE SKYBARS FOR BLOCK ON BEAM +18" -9"BB NOTES: LEAVE TREES FOR STOOLS IN POOL T 3'6" T ELECTRICAL ARTIFICIAL TURF RIGID: 1/2" @ 95' ( 25 AMPS) TOTAL PVC: P: 15', 35', 34' S: 33' T LED R T W/TRAVERTINE LED LED J-BOX(ES): 1 @ EQUIPMENT POOL LIGHT: INTELLIBRITE TYPE: LED QTY: 1 -18"BB GLO R T T -21"BB GLO BORDER POOL LIGHT: GLO-BRITE TYPE: LED QTY: 2 0" +18" 0" SPA LIGHT: INTELLIBRITE TYPE: LED QTY: 1 NOTES: TRANSFORMER REQUIRED 55 . t. BAJA SHELF

5' SHOTCRETE 3500 PSI w/ FIBERMESH 36"x36" TRAVERTINE @ -9" W/UMB BB: SQUARE FOR COPING STEPS: 35 L.F. BENCHES: 15 L.F. TILED TABLE SLEEVE & LED BAJA STEP (S): 80 S.F. 1.5" UMB SLV: 1 LIGHT RBB: SPA RAISED +18" - STRIP/FINISH E G WATERPROOFING: - CURE: BY OWNER; 3-5 TIMES / DAY FOR 3 DAYS

NOTES: SHOOT STOOLS IN POOL

BLOCK WORK 72' 68' COVERED TOTAL L.F. @ 12" HIGH SIDES: STACKED STONE CAP: TRAVERTINE COLOR:NOT SPECIFIED COLOR: NOT SPECIFIED PATIO TRAVERTINE DECKING / COPING 5'x8' SPA RAISED 18" OVERLAY ON TOTAL L.F. OF POOL COPING TRAVERTINE W/TILED DAMWALL PATIO COLOR: NOT SPECIFIED STYLE: 1.25 EASED EDGE TOTAL L.F. OF SPA COPING TRAVERTINE & STONE EXTERIOR N COLOR: NOT SPECIFIED STYLE: 1.25 EASED EDGE 375 TOTAL S.F. OF TRAVERTINE COLOR: NOT SPECIFIED PATTERN: RANDOM SET STYLE: NOT SPECIFIED NOTES: W E TILE & INTERIOR SCALE: 1/8" = 1'-0" 118 TOTAL L.F. OF WATERLINE SIZE: 6" x 6" TYPE: WATERLINE TILE SELECTION SPILLWAY: 4 LN.FT. 0' 2' 4' 8' S DAMWALL: 33 SQ.FT. SPA ETXERIOR: 18 SQ.FT. INTERIOR FINISH: PEBBLE SHEEN COLOR: NOT SELECTED NOTES: NOTES...

POOL / SPA INFORMATION CROSS SECTION CUSTOMER INFORMATION VICINITY MAP SYMBOL LEGEND

P1 N.T.S. DEPTHS REFLECT WATER DEPTHS D R.EG S H TIH EH C R A N E D L MDX-R3 MDX-R3 DRAIN B BASKETBALL SLEEVE CLE INT: MELISSA & LEILAND PARKER SALES: - N POOL AREA: 266 S.F. SPA: 40 S.F. STANDARD DRAIN V VAC LINE ADDRESS: 2272 E. KELLY DR .E M A L PD E A L VENTURI SKIMMER U UMBRELLA SLEEVE POOL PER.: 92 L.F. SPA: 26 L.F. 4' 5' 3'6" IY: GILBERT, AZ CT I: 85298 ZP LOT#: 194 APN: 313-33-283 W E .E A T N E A C S STANDARD SKIMMER T THERAPY HEAD POOL I.A.: 634 S.F. SPA: 102 S.F. SUB: BELROSE POOL L .S R POOL RETURN AWL

A IV TSV .ED RY L K E POOL VOL.: 7,980 GAL. SPA: 712 GAL.

RA D 12'-6" 12'-6"' HMPH#: - SUPER: - VALVE BOX DECK CHLOR 25'-6" CAD: KJ DRAFTDATE: 05.19.2022 REV D.ATE: - SCALE: 1/8" = 1'-0" MULTIPORT VALVE A AERATOR DATE PRINTED 3/20/24, 3:58 PM State of Arizona Mail - Written Answer to Citation and Complaint # 2023-12249

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint # 2023-12249 message

Aqua Allure Pools <[email redacted]> Wed, Mar 20, 2024 at 3:40 PM To: [email redacted]

Written Answer to Citation and Complaint

To whom it may concern,

We'd like to request a hearing in this matter. Case Number 2023-12249

Thank you

Aqua Allure Pools 602.491.9212

[email redacted] www.aquaallurepools.com

https://mail.google.com/mail/b/AEoRXRQ3VCaPFAQ1cNUk8HKnkYPfW1QRiFNKDMCCrurFYfOLHIM7/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/1 Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3