2024A-01169-CHC-ROC Notice of Hearing and Packet MAILED

2024A-01169-CHC-ROC · Registrar of Contractors · 2024-04-26

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christian Pagan Guzman , Case No. 2024-01169 COMPLAINANT, Docket No. 2024A-01169-CHC-ROC v. NOTICE OF HEARING ON CONTESTED CASE Pleasure Spas Inc., DBA: Pleasure Pools, License No. ROC 166025 Pleasure Spas Inc., DBA: Pleasure Homes, License No. ROC 201430

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

June 10, 2024 9:00 AM Jenna Clark 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 27, 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)(1)

Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(a)

Charge: 3 A.R.S. § 32-1154(A)(3) - R4-9-108(b)

Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 5 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01 Charge: 6 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will

be a party to the hearing.

Because Complainant alleged Respondent committed an act(s) or omission(s) that is

cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing. Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing.

RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and

processes governing the administrative hearing. Copies of the statutes, rules, and articles

regarding the administrative hearing process can be found at https://www.azoah.com/. REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE The Registrar’s investigators, employees, and attorneys will appear at the hearing via

video conference or telephone unless requested by a party to appear in-person. Requests for

the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with

the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days

prior to the hearing date. HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s possession, the party must prepare and file a written subpoena for the Administrative Law

Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings.

A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the

party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,

without good cause, may result in the administrative law judge excluding those witnesses or

exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the

assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The

assigned Administrative Law Judge may be found on the Office of Administrative Hearings’

web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated April 22, 2024.

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

Copy mailed via USPS First Class mail April 22, 2024 to:

Respondent(s) Pleasure Spas Inc DBA: Pleasure Pools, Pleasure Homes 2004 E Irvington Rd #186 Tucson, AZ 85714

Complainant(s) Christian Pagan Guzman 10318 S Moonlit Riverwalk Trl Vail, AZ 85641

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. 2024-01169 /

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: Christian Pagan Guzman 10318 S Moonlit Riverwalk Trl Vail, AZ 85641

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: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 January 31, 2024

Jobsite Inspection Notice Re: Complaint Number 2024-01169

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for March 1, 2024 at 10:45 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.

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, John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

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 Arizona Registrar of Contractors Jobsite Inspection Notes Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Complainant: Christian Pagan Guzman Respondent: Pleasure Spas Inc DBA Pleasure Pools

Present for the complainant: Christian Pagan Guzman Present for the respondent: Owen Brown Overview of project: An in ground pool / spa General Notes: As of March 5, 2024, the respondent’s licenses are suspended for lack of bond.

Complaint Item 1: “Pool hole was dug, but the pool was never completed by the contractor due to having a UCC filed against them. ;” Investigator’s Observations: Verified. Current conditions on site: • Excavation work has been performed. • Mechanicals have not been started • Rebar has not been started • The project is not complete The contract includes: • Signatures of both parties dated 9/12/2023, and 9/13/2023 • We expect the construction process to take between 3 to 6 months starting from the excavation phase. As stated in the submitted complaint form: • Work began December 11, 2023 • Work stopped December 11, 2023 • Amount paid to date $24,338.79 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursed Amount $19,140.53 • Total Disbursed Amount (to date) $24,338.78 Per contract, the next payment is not due until “Completion of rebar”. Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 2: “Landscape to include irrigation system was destroyed and never fixed.;” Investigator’s Observations: Verified. Landscaping, grading, and irrigation in the front yard area is damaged. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

Complaint Item 3: “Both house side fence gates were taking down and not installed.;

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Arizona Registrar of Contractors Jobsite Inspection Notes Brick fence was torn down on both side and never fixed.” Investigator’s Observations: Verified. Block fencing and gates are removed from both side of the house. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

Elements of a Contract Investigator’s Observations: The respondent’s contract is missing the following information: • The contractor’s business address • The contractor’s ROC number • An estimated date of completion o The contract states:  For a typical pool without any complications, specialties, or modifications, we expect the construction process to take between 3 to 6 months starting from the excavation phase. o The contract does not:  Specify if this is a typical pool  When the excavation may begin • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative.

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Arizona Registrar of Contractors Jobsite Inspection Notes REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

Pool Contract Investigator’s Observations: The respondent’s contract does not include Provisions 1, 3, and 4 of A.R.S. § 32-1158.01 The payment schedule is not in compliance with the progress payments as allowed by Provision 2. • Payments as per provision 2: o 15% maximum down payment o 25% maximum payment after completion of excavation o 25% maximum payment after completion of steel, plumbing, and concrete o 25% maximum payment after completion of decking o Payment of remaining funds before finishing interior materials or completion • Payments as stated in the respondent’s contract: o $5,198.25 o 30% completion of Excavation o 25% Completion of rebar o 20% completion of Shotcrete o 10% Prior to Pebble o 5% Final Payment Upon Completion Governing Rule: A.R.S. § 32-1154(A)(12) Namely A.R.S. § 32-1158.01 Swimming pool; spa; construction contracts REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form that complies with A.R.S. § 32-1158 and § 32-1158.01

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Jobsite Inspection Photos 1 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 2 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 3 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 4 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 5 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 6 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Jobsite Inspection Photos 7 Complaint No.: 2024-01169 Investigator: John Smith #194 Inspection Date: 3/1/2024 Inspection Time: 10:45AM Jobsite address: 10318 S. Moonlit Riverwalk Tr., Vail, AZ 85641

Complainant: Christian Pagan Guzman 10318 S Moonlit Riverwalk Trl Vail, AZ 85641

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Pleasure Spas Inc DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 March 6, 2024

License No. ROC 166025

Re: Complaint No. 2024-01169

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 Friday, March 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 12/23 • We expect the construction process to take between 3 to 6 months starting from the excavation phase. As stated in the submitted complaint form: • Work began December 11, 2023 • Work stopped December 11, 2023 • Amount paid to date $24,338.79 As stated on the Finance Disbursement document: • First payment “Completion of Excavation” has been paid • Disbursed Amount $19,140.53 • Total Disbursed Amount (to date) $24,338.78 Per contract, the next payment is not due until “Completion of rebar”. Governing Rule: A.R.S. § 32-1154(A)(1): Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Governing Rule: A.R.S. § 32-1154(A)(3) – R4-9-108(b): Violation of any rule adopted by the registrar; Namely R 4-9-108(b): A contractor shall perform work in accordance with any applicable building codes...

Complaint Item 3: “Both house side fence gates were taking down and not installed.; Brick fence was torn down on both side and never fixed.” Investigator’s Observations: Verified. Block fencing and gates are removed from both side of the house. Governing Rule: A.R.S. § 32-1154 (A)(3) - R4-9-108(a): Violation of any rule adopted by the registrar; Namely R 4-9-108(a) A contractor shall perform work in a professional and workmanlike manner.

ADDITIONAL VIOLATIONS In addition to the allegations in the complaint, the following violations were verified:

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 o The contract does not:  Specify if this is a typical pool  When the excavation may begin • Information about the customer’s right to file a complaint with the registrar • Contact information for the registrar Governing Rule: A.R.S. § 32-1154(A)(12), Namely A.R.S. § 32-1158(A) Minimum Elements of a Contract. Any contract in an amount of more than one thousand dollars entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information: 1: The name of the contractor and the contractor's business address and license number. 2: The name and mailing address of the owner and the jobsite address or legal description. 3: The date the parties entered into the contract. 4: The estimated date of completion of all work to be performed under the contract. 5: A description of the work to be performed under the contract. 6: The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes. 7: The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner. 8: The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. 9a: That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. 9b: The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1155, subsection A. 9c: The information in this paragraph must be prominently displayed in the contract in at least ten point bold type... 9d: ...and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. REQUIRED CORRECTIVE ACTION: The respondent is to submit a copy of a current contract form that complies with A.R.S. § 32-1158

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 o 25% Completion of rebar o 20% completion of Shotcrete o 10% Prior to Pebble o 5% Final Payment Upon Completion Governing Rule: A.R.S. § 32-1154(A)(12) Namely A.R.S. § 32-1158.01 Swimming pool; spa; construction contracts REQUIRED CORRECTIVE ACTION: The respondent is to submit a contract form that complies with A.R.S. § 32-1158 and § 32-1158.01

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

John Smith, Investigator #194 (520) 483-0027 [email redacted] 1700 W Washington St,Suite 105 Phoenix, Arizona 85007-2812

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Arizona Registrar of Contractors Compliance Notes

Date: 3/22/2024

Complaint No.: 2024-01169 Investigator: John Smith #194

Complainant: Christian Pagan Guzman

Respondent: Pleasure Spas Inc DBA Pleasure Spas

Compliance Notes:

Number of days allowed for corrective work per the Directive: 16 Number of days from issuance of the Directive to the date of this letter: 16

General Notes: The respondent has not performed any work during the Directive period. The respondent has not submitted a request to extend the Directive timeframe.

Compliance Findings: The respondent has not taken appropriate corrective action to comply with the Directive. Governing Rule: A.R.S. § 32-1154(A)(22): Failure to take appropriate corrective action to comply with this chapter or with the rules adopted pursuant to this chapter…

RCC100 11/14

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Christian Pagan Guzman, Case No. 2024-01169 COMPLAINANT, v. Pleasure Spas Inc., CITATION DBA: Pleasure Pools, License No. ROC 166025

Pleasure Spas Inc., DBA: Pleasure Homes, License No. ROC 201430 RESPONDENT. The Registrar issues this Citation to Pleasure Spas Inc., DBA: Pleasure Pools and Pleasure Spas Inc., DBA: Pleasure Homes (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by April 11, 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 January 29, 2024, Christian Pagan Guzman, (“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)(1)

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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 Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. Charge :2 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner. Charge :3 A.R.S. § 32-1154(A)(3) - R4-9-108(b) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(b): A contractor shall perform all work in accordance with any applicable building codes and professional industry standards. For work to be performed in accordance with professional industry standards, a contractor shall use such skills, prudence, and diligence in performing and completing tasks undertaken that the completed work meets the standards of a similarly licensed contractor possessing ordinary skill and capacity. Charge :4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158. Charge :5 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158.01 Failure in any material respect to comply with this chapter; Namely A.R.S. § 32- 1158.01. Charge :6 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

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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 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. 2024-01169. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than April 11, 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

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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 complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in 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

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline.

EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. Dated March 27, 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 27, 2024 to:

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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 Certified Mail No: [number redacted]

Pleasure Spas Inc. DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714 Copy mailed by USPS First Class mail this same date to: Pleasure Spas Inc. DBA: Pleasure Pools 2004 E Irvington Rd #186 Tucson, AZ 85714

Complainant Christian Pagan Guzman 10318 S Moonlit Riverwalk Trl Vail, AZ 85641

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. 2024-01169

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Christian Pagan Guzman Mailing Address (Enter jobsite in Contract/Project section) City State Zip

10318 S Moonlit Riverwalk Trl Vail Arizona 85641 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)

Pleasure Spas Inc ROC 166025 Street Address City State Zip

2004 E Irvington Rd #186 Tucson AZ 85714 Phone Number Email

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

Owen Brown Contract/Project Information Contract Date Contract Amount Amount Paid

September 12, 2023 $69,000.00 $24,338.79 Date Work Started Date Work Stopped Date Work Was Completed

December 11, 2023 December 11, 2023 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

10318 S Moonlit Riverwalk Trl Vail AZ 85641 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 I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No Has any work been corrected? No

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

The contract was Written All change orders were Written This project was Residential This project involved Other Pool A building permit was obtained by N/A List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

Pool hole was dug, but the pool was never completed by the contractor due to having a UCC filed against them. ; Landscape to include irrigation system was destroyed and never fixed.; Both house side fence gates were taking down and not installed.; Brick fence was torn down on both side and never fixed.

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

Christian Pagan Guzman \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Pleasure Spas Inc 2004 E Irvington Rd #186 Tucson, AZ 85714 520.403.8960

Sept/12/23 Date: _______________________ The terms and condiƟons on this, the following pages, construcƟon plans, and the model engineering plans, are part of this agreement. This agreement is conƟngent on acceptance by Pleasure Pools. For this agreement "Contractor" refers to Pleasure Pools. This agreement, dated above, is between Contractor and the party named below, herein named "buyer".

Christian Pagan Name: ______________________________________________________________________________________________________

10318 Moonlit Riverwalk Trail, Vail AZ 85641 ConstrucƟon Address: __________________________________________________________________________________________

Lot # ________________________________ Subdivision _____________________________________________________________

Same Mailing Address: ______________________________________________________________________________________________

850-716-7259 Primary Phone #: ______________________________________ Alternate Phone #: _______________________________________

Text Messages OK: Y N [email redacted] Email Address: ______________________________________________________________________

Max Surface Area: 368 _________ 74' sq ft Max Perimeter: ________ 14' Max Width _________ 28' Max Length: _________

Pool Design: ________________________________ Rectangle with lagoon shelf & spa Depth Profile: 3________ Ō to ________ Ō to ________ Ō Included in all packages unless otherwise stated: final site clean-up (remove all garbage and materials, basic grade) Pool care and start up instrucƟon in person, Basic Maintenance kit & start-up chemicals. All necessary insurance policies.

General ConstrucƟon

1. Basic rebar engineering ___________________________________________________________________________________

2. Building Permit __________________________________________________________________________________________

3. Layout and forming _______________________________________________________________________________________

4. ExcavaƟon/Dirt Removal ___________________________________________________________________________________

based on access at rear of yard. If unable to access through the rear there will be additional charge for access at front 5. Access _________________________________________________________________________________________________

6. Landscape RestoraƟon by: Pleasure Pools Homeowner Currently no landscaping in place Details: _________________________________________________

____________________________________________________________________________________________________________

Pleasure Pools 7. Wall Down by: _____________________________________________________________________________________________

Pleasure Pools 8. Wall up by: ________________________________________________________________________________________________

N/A 9. Trees/Stumps removed by: ____________________________________________________________________________________

10. Pool ElevaƟon: 1" above rear deck (can be changed at excavation layout if needed - with written change order ____________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Plumbing and Equipment

(3 shallow & 1 deep 11. On site pressure tested plumbing schedule 40 pvc. Return QuanƟty___________________________________________________

12. Pipe Size: Returns ______in. 2 Main Drain _____in. 2 Skimmer _______in. 2 Equipment to Pool ______ in.

____________________________________________________________________________________________________________

vacuum- rebel suction side cleaner 13. Cleaning System ________________________________________________________ In Floor Yes ________________ NO

Variable speed pump X 2 with controler on the pump 14. Pump: ___________________________________________________________________________________________________

15. Heater: BTU: 400K ______ Natural Gas: 2 in Skimmer _____

16. Freshwater fill line with anƟ- siphon breaker:

17. Saltwater System None _______________________________________________________________________________________

X 18" Sheer descent water falls in the 18" raised beam ____________________________________________________________________________________________________________

Approriate sized cartridge filter ____________________________________________________________________________________________________________

Side port for vacuum cleaner ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Steel Schedule

18. Standard Steel Reinforcing per standard standards Expansive Soil Requirements

19. All steel installaƟons will meet all building code requirements and pass local inspecƟon.

No additional steps 20. Other steel specificaƟons: ___________________________________________________________________________________

____________________________________________________________________________________________________________

Electrical SpecificaƟon

21. 2 white LED lights ___________________________ one in pool and one in spa Light with GFI _______________________________________________________________

22. 70 Electrical connecƟon with ____________ Ō. run to homeowner’s adequate service panel.

23. GFCI breaker with sub panel Switch locaƟon: _________________________________________________________________________________________

No Automation ____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Shotcrete

24. Shotcrete, pneumaƟcally applied concrete, 6.2 sack mix, per engineered model plan

none 25. Steps: ______________________________ none Benches: _______________________________ N/A Length: ______________________

26. Lagoon Bench per plan: YES. 5' lagoon shelf at entry of the pool. 1'6" from top of deck- steps down NO _________________________________________________________________________

to the 3' shallow end. No additional step off the lagoon shelf. ____________________________________________________________________________________________________________

** umbrella sleeve on the laggon shelf ____________________________________________________________________________________________________________

Tile

standard tile selection included - 6" tiles colors TBD 27. 6” Perimeter Waterline Tile DescripƟon _________________________________________________________________________

28. Raised Bond Beam Tile: YES NO. Details: _________________________________________________________________

29. Tiles on Steps & Benches: YES NO Details: ________________________________________________________________

Raised water feature- standard tile on face and side of raised portion- stucco on the back ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

Deck

265.47 Sq ft of standard color cool deck or travertine- style TBD 30. Deck Area and Type: ________________________________________________________________________________________

Standard selection included- color TBD 31. Deck Color: _______________________________________________________________________________________________

____________________________________________________________________________________________________________

Interior Finish

32. Plaster Pebble Tech Other ________________________________________________________________________

____________________________________________________________________________________________________________

Standard color selection included. Color TBD 33. Interior Finish Color: ________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Spa SpecificaƟons

X 7 with bench all around and 18" spillway 34. Spa Size & Shape: __________________________________________________________________________________________

____________________________________________________________________________________________________________

36. Raised: 18" Yes. Height ________________ NO _______________________________________________________________

Standard tile or stucco included 37. If raised exterior material and placement: _______________________________________________________________________

____________________________________________________________________________________________________________

38. Jets: _____________________________________________________________________________________________________

standard tile selection included - 6" tiles colors TBD 39. Water Line Tile: ____________________________________________________________________________________________

____________________________________________________________________________________________________________

Water/Fire Feature

40. Fire Feature: Yes No Details: ____________________________________________________________________________

____________________________________________________________________________________________________________

41. Water Feature: Yes 10' raised 18", step down to 2X 2' raised 12", 3X 22" sheer descent No Details: __________________________________________________________________________

Tile on front and sides and stucco on the back ____________________________________________________________________________________________________________

Landscape

42. Turf: YES NO Details: __________________________________________________________________________________

____________________________________________________________________________________________________________

43. Pavers: YES NO Details: _______________________________________________________________________________

____________________________________________________________________________________________________________

44. Other: ___________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Notes/Details

** new home, so no current landscaping in place in the rear ____________________________________________________________________________________________________________

** Rear of the property has no development - it is anticipated that we will be able to access the yard from the rear ____________________________________________________________________________________________________________

If access from the rear is not possible there will be additional access fees to shuttle dirt to the front of ____________________________________________________________________________________________________________

the house. ____________________________________________________________________________________________________________

*** Hard dig charges are not included and will be billed to the homeowner should the excavation crew run into ____________________________________________________________________________________________________________

soil that requires them to use additional equipment ____________________________________________________________________________________________________________

** 2 umbrella sleeves included- placement to be signed off by Homeowner. ____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

NOTES

1. All payments are due upon receipt of invoice. Non-Payment will result in a pause in the work on the project. Once payment has been made you will be placed back into the project que. This may result in a delay in your project. 2. There will be a charge for each change or addiƟon from the agreed proposal and plan. 3. Financed purchase installment contracts will comply with requirements for consumer credit cost disclosure. 4. Pleasure Pools assumes no responsibility for the following items: sewer lines, inadequate electrical service panel, overhead electric and uƟlity lines, underground uƟliƟes, curbs, drives, sidewalks, irrigaƟon systems, and any other underground services or uƟliƟes. 5. ALL agreements must be in wriƟng, verbal agreements are void. 6. Owner understands city/county fence and gate requirements (barrier- enclosure codes) 7. See addiƟonal Addendum Pages ✔

_______________ ________ ___________________ _____ IniƟal IniƟal Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Payment Terms

Pool 66,368.49 Contract Amount: $_______________________ Sales Tax: 2,631.51 $ _______________________ Total Amount: 69,000 $ _______________________ Down Payment: $ 5,000 + Tax ________ $5,198.25 198.25 = ____________________

Payment Schedule: 18,410.55+ tax ( 729.98 ) = 30% CompleƟon of ExcavaƟon 15,342.12+ tax ( 608.32 ) = 25% CompleƟon of Rebar 12,273.70+ tax ( 486.65 ) = 20% CompleƟon of Shotcrete 6,136.85 + tax ( 243.33 ) = 10% CompleƟon of Deck 6,136.85 + tax ( 243.32 ) = 10% Prior to Pebble 3,068.42 + tax ( 121.66 ) = 5% Final Payment Upon CompleƟon

Landscape/Hardscape N/A Landscape Contract Amount: $_______________________ Sales Tax: N/A $ _______________________ Total Amount: N/A $ _______________________

Landscape/Hardscape Payment Schedule N/A + tax ( )= 50% shotcrete of pool N/A + tax ( )= 50% CompleƟon of landscape/hardscape

66,368.49 Total Contract Amount ____________________ 69,000 2631.51 = ________________________ + tax (_________)

__________________________________________________ ________________________________ Sep 12 2023 22:18 MST _________________________________ Customer Signature Date

__________________________________________________ Sep 12 2023 22:18 MST _________________________________ Customer Signature Date

___________________________________________________ _______________ Sep 13 2023 05:49 MST _________________________________ Pleasure Pools Signature Date Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Limited WarranƟes, Guarantees and CondiƟons

1. Contractor warrants all work to be defect free in materials and workmanship. 2. Plans, specifica ons, and addendums a ached to this contract form part of this contract. In cases where the plans, specifica ons and/or addendums conflict, the terms of the contract will prevail. 3. Measurements provided in the plans, specifica ons and addendums are approximate. Varia on up to 3% (for that specific sec on) will be considered as reasonable tolerance. In the event of an error in excess of reasonable tolerance a $4.50 per square foot (for a specific space measured in sq ), and $14.00 per lineal foot (for a specific space measured in lineal ) of pool perimeter will be reimbursed to the owner for damages at the end of the pool build. 4. In service equals pool comple on and is considered from the day that the equipment is started.

Soil CondiƟons

5. Unusual soil condi ons are not predictable or detectable in many instances to either the Buyer or the Contractor. If the contractor encounters soil condi ons which the equipment on site is unable to excavate, the owner agrees to pay addi onal costs associated with the comple on of the excava on. Such soil condi ons may include the following examples: caliche, large rocks, clay, high water table, granite, boulders, concrete, underground u li es (abandoned or ac ve), cesspools, low density fill, expansive soil, or any other object which the excava on equipment on site cannot remove in an 8-hour period. Some examples of addi onal equipment which may be needed to complete an excava on are: larger excava on equipment, jack hammers, blas ng, torches for cu ng, ripper tooth machinery, and other "hard dig" equipment. 6. Soil removal from the site, and deck grading are Included in this agreement unless otherwise specified in wri ng. Soil le on site at the request of the Buyer shall be the Buyers responsibility. Grading of the site is not included in this agreement, unless specified within the agreement in wri ng.

Yard Drainage

7. Proper yard drainage, away from the deck and pool, are the sole responsibility of the Buyer. Retaining walls, rip-rap, gu ers, grading and any other necessary modifica ons to the property are the sole responsibility of the homeowner and no allowance for such modifica ons are included in this agreement unless specified in wri ng in this agreement. Inadequate drainage can cause failure of the pool structure, deck, plumbing, and other systems associated the pool and or spa, such damages specified and unspecified are the sole responsibility of the Buyer.

Delays

8. Contractor will construct the pool In a diligent manner, but Contractor is not responsible for delays and/or damages resul ng from a failure to perform work or supply materials and/or equipment due to acts of Nature, God, inclement weather, war, riot, strikes, civil disturbance, Government prohibi ons, delays caused by the Buyer or Buyers Agents, permit delays, delays caused by u li es, or any other reasons outside of the direct control of the Contractor. 9. Any me a change order is requested by the buyer a delay is likely to occur. If a homeowner requests a change it will pull their project out of cue and once ALL documents and payments are in order the project will be placed back in the que. The Contractor is not responsible or liable for these delays.

10. If the buyer has not selected their finishing materials by the me excava on occurs their project may experience delays while we wait for material choices. Once choices are made the project will be placed back into the cue. The Contractor is not responsible or liable for these delays.

Pricing

11. Quote prices are only valid for 2 weeks from the me of being issued to the me of receiving a deposit AND signed contract. 12. Prices are fixed upon signing of the contract for the contracted work detailed within the contract. Any changes a er this me will be addressed in the form of a change order.

Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Owners Responsibility

13. The swimming pool shall be constructed upon the land in an area designated by the Buyer. The Buyer warrants that he is familiar with the loca on of property lines. The Buyer Is completely responsible for and will pay for any needed costs associated with zoning variances, waivers, easements, associa on permits and any other costs needed to construct within the area designated by the Buyer. Owner covenants and indemnifies and will save harmless the Contractor from any suit, claim or ac on of the buyer or third party, firm, corpora on, or any other en ty for the loca on of the swimming pool/spa in the loca on designated by the Buyer. 14. Buyer will provide clear and open access of 10 feet (unless otherwise specified within this agreement). Buyer will provide site clear of debris, weeds, and any other. objects which would interfere with equipment and worker access within the construc on site and access ingress/egress. The Buyer will protect all trees, shrubs, plants and other objects the Buyer wishes to preserve within the immediate and adjacent area of construc on. 15. The Buyer will be responsible, for obtaining access permission via adjacent property, not owned by the Buyer, and will be responsible and hold Contractor harmless, for any damage to such adjacent proper es. Buyer accepts all risks associated with Contractor’s use of adjacent property. 16. All risks for damage to sidewalks, driveways, curbs, plants, lawns, sewers, sep c, leech fields, underground lines, irriga on lines and implements, fences, and other objects on the Buyers property, and adjacent proper es which the Buyer has obtained permission to use for access and construc on. 17. Buyer will furnish any power, water, or other u lity necessary to construct the swimming pool/spa. Any necessary upgrades or modifica ons to exis ng u li es service, electrical panel, reloca on of u li es and overhead powerlines, communica on lines and other services are the sole responsibility and at the expense of the Buyer. 18. Buyer assumes all responsibility and expense for damage to the swimming pool and other Items associated with the construc on of the swimming pool from vandalism, the , Irriga on systems, u li es, and any other person or thing - outside the direct control of the Contractor, while pool is being constructed. 19. Fencing, barrier code compliance, and enclosure code compliance are not included in this contract unless directly specified above. Buyer will comply with all codes regarding enclosure and barrier code compliance at Buyers expense.

Financing

20. Contractor may assist the buyer in obtaining financing, but in no event are the financing arrangements a condi on of this contract. It is agreed financing Is the absolute responsibility of the Buyer. If installment payments are part of this contract, it is agreed that ( me is valuable, important and of the essence. Should any payment/s become delinquent, the en re balance of principle may be declared due and payable upon the request of the Contractor.

AƩorney Fees

21. In the event the services of an a orney are required by the Contractor for enforcement of any provision of this contract, including by not limited to an cipatory breach of this contract, failure to pay any of the sums required within the contract, or alterna vely resul ng out of any claim made against the Contactor by the Buyer, than in such event, if the Contractor is successful in the recovery of any such sums or does not successfully avoid any of the relief sought by the Buyer against the Contractor, than Buyer agrees to pay reasonable a orney's fees and all other costs in defense incurred by the Contractor.

General

22. This contract shall be binding upon the inure to the benefit of the executors, administrators, assigns and legal successors of the par es hereto. 23. This contract is the full agreement between the par es and par es are not bound by any statements or representa ons or oral expressions by any agent or person purpor ng to act for on behalf of either party. This agreement is not binding upon the contractor unless and un l it is accepted by an authorized oﬃcer of Pleasure Pools. Copies do not require wri en acceptance.

Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Limited Warranty

This limited warranty is subject to the Buyer complying with the following condi ons: - The pool/spa will be filled with water at all mes except for the purposes of repair or maintenance not to exceed 9 days. - The swimming pool shall be used in a normal and reasonable manner and shall be operated in accordance with the Pleasure Pools instruct. - All guarantees and warran es become eﬀec ve when Pleasure Pools receives the complete contract amount including any addendum or change order amounts.

Warranty

24. Pleasure Pools warrants the construc on work performed to be defect free in materials and workmanship for a period of one year. 25. The shotcrete pool structure is life me warranted against leaks due to materials or cra smanship to the original Buyer. 26. Manufactured parts are covered for one year. There will be no labor charges to repair or replace parts or to adjust equipment during the warranty period. 27. Wear and tear, abuse, and neglect are not warranted. There is no warranty covering walkways or decking from cracking, raising, se ling or discolora on unless proven to be the result of defec ve workmanship or materials supplied by the Contractor. 28. Pool Interior Is not warranted against discolora on or staining since these are o en due to local water condi ons, weather condi ons, lack of cleaning and improper chemical usage.

Performance

29. To obtain performance the Buyer should contact Pleasure Pools at 2004 E Irvington Rd, Suite # 186, Tucson Arizona 85714. 520-403-8960. 30. Pleasure Pools is not responsible for the replacement of water, chemicals, or energy as a result of performing any work under the Limited Warranty of this agreement. 31. In the event Pleasure Pools Is requested to perform warranty work under this Limited Warranty and a service representa ve is sent to the pool site and determines that no service is required by this warranty, then the Buyer will be responsible to pay Pleasure Pools a reasonable service fee for the service call.

NoƟce to the Buyer

- Do not sign this contract before you read it. - Do not sign the agreement if it contains blank spaces. - You are en tled to an exact copy of the contract you signed.

We have read and agree to the above noted points that are part of our contract:

___________________________________________________ ____________________________ ___________________________ Sep 12 2023 22:18 MST Buyers Signature Date

___________________________________________________ Sep 12 2023 22:18 MST ___________________________ Buyers Signature Date

Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

NoƟce of CancellaƟon

You may cancel this transac on, without any penalty or obliga on, within three business days from the transac on date _______________________________. Sep 18 2023 If you cancel, any property traded in, any payments made by you under the contract sale, and any nego able instrument executed by you will be returned within 10 days following receipt by the seller of your cancella on no ce, any security interest arising out of the transac on will be cancelled.

If you cancel, you must make available to the seller at your residence, in substan ally as good condi on as when received, any goods, drawings, or literature delivered to you under this contract or sale, or you may If you wish, comply with the Instruc ons 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 20 days of the date of your no ce of cancella on, you may retain or dispose of the goods without any further obliga on. 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 obliga ons under the contract.

To cancel this transac on, mall or deliver a signed and dated copy of this cancella on no ce. or any other wri en no ce, or send a telegram to Pleasure Pools 2004 E Irvington Rd, Suite # 186, Tucson AZ 85714.

I hereby Cancel this transac on.

___________________________________________________ ___________________________ Buyers Signature Date

Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Pool Construction Information and Clarification Page

This document is given to provide additional information about the pool construction process. It will need to be read carefully and signed to ensure that all parties involved fully understand all aspects of the large construction project we are agreeing to undertake. This signed document is considered part of the pool contract and ensures Pleasure Pools has communicated some of the challenging aspects of the construction process to you.

Please ask any questions and/or concerns you may have about any information stated here. Upon signing this form, you are accepting full understanding of all the information provided.

Landscape restoration and/or utility line repairs are not included in the base pool package pricing. If you chose to have Pleasure Pools be responsible, you will be charged according to the scope of work involved. If not, the owner will be responsible for moving landscape rocks, plants, or any other items in ALL of the work areas including the access, utility line, pool, decking, and any other areas we will be working in before the pool layout is done.

Sidewalk repair is not included in the base pool pricing. Usually they do not break/crack, but there is a possibility that this could happen, since there will be large, heavy trucks driven over the sidewalk. If needed, we can repair breaks/cracks at a cost of $200.00 per standard sidewalk square.

We will make a mess in the street. This is unavoidable. It will not be any different from other pool construction projects. We will cleanup any loose-dry dirt, etc. each day if possible. It is possible that there could be permanent oil spots, scratches, or other minor damage during the construction due to the usage of dump trucks, concrete trucks, forklifts, delivery trucks, excavators, skid-steers, large compressors, and pump rigs, etc. We will be using any parking spaces available, this includes parking in front of your neighbors’ houses if more room is needed, for the workers trucks, trailers, and equipment. We try to make this as unobtrusive as possible, but it can be inconvenient for you and your neighbors at times. We can come and power-wash the street and clean it up as best as possible at the end of the project.

I have been informed and understand the landscape restoration and cleanup aspects of this project.

Initials ________ __________________

One of the most difficult aspects of pool building is dealing with change orders. These can result in mistakes and misunderstandings. To avoid this, we will need every change order to be executed using an addendum to the contract. It will state the complete scope of the work that is being modified, added, or removed, the agreed upon price for the changes, signatures, and date. This will be added to the contract as a permanent record. VERBAL AGREEMENTS WILL NOT BE BINDING.

Understand that any change orders may result in delays to the construction time because said changes will have to be noted, plans may have to be revised, the scheduler, project manager, bookkeepers, sub-contractors, material suppliers or other pertinent people will have to be informed/updated as to the new plan of events to avoid confusion and mistakes.

I understand how the change order process works. Initials _________ ___________________

The mini pebble (or any other) pool interior finish will not be a uniform hue. It will have lighter and darker areas because it is a hand troweled product that will have areas with a more or less dense pebble and cement base concentration. The cement base is subject to staining, this is much less noticeable with one of the recommended blue choices, especially Tahoe blue. Your mini pebble interior finish will be long lasting and will have a great overall look when it is filled with water, but please understand that there are inherent color variations with lighter and darker areas within the pool.

I understand that the mini pebble interior finish will have color/texture variations. Initials _________ ___________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

When you decide to have a pool constructed, it is because you desire to swim- and our goal is to get you swimming as soon as possible! For a typical pool without any complications, specialties, or modifications, we expect the construction process to take between 3 to months starting from the excavation phase. There are numerous factors that are beyond our control, such as sub trades' schedules, weather conditions, illness, material delays, and change orders. We will always make an effort to inform you about these issues and keep you informed about the expected schedule dates. There will be periods when no workers are present at your site- this does not imply that we have forgotten about you or your project. Every project has its natural ups and downs. If you have any inquiries about your project's timeline, please contact the operations manager via text, email, or phone call

I understand the fluid timeline of this construction process. Initials _________ __________________

During a large project like this, it is natural to experience moments of frustration or confusion. We will not tolerate any form of disrespectful or aggressive conduct towards our staff or subcontractors. Our office hours are from 8-4:30, Monday to Friday. While you are free to contact us via email or text at any time, please note that we will only respond in case of emergencies outside of these hours. We are all human and mistakes can happen. Just as we will treat you with kindness and respect, we expect the same in return. We encourage you to express all feedback in a polite and respectful manner. If you engage in rude or abusive behavior towards our staff, you will receive one written warning. After that, we reserve the right to terminate your contract. At that time, all payments up to and including the current stage of the project will be due.

I understand the expectations for respectful conduct and agree to these terms. Initials __________________

Barrier code items are the sole responsibility of the homeowner unless otherwise stated in writing in the contract. These vary in each jurisdiction, and it is the responsibility of the homeowner to ensure that they have met all criteria for their area. Once decking is complete the barrier code items need to be in place in order to have a final inspection before pebble is able to be installed. The most common barrier code items that we see are: - All doors leading to the back yard need to have 2017 code compliant door alarms. The Techko S187D Safe Pool alarm is an alarm we know meets the standards in most areas and will pass inspection. These can be found on Amazon. - All windows leading to the backyard need to have latches at least 54” from the floor. - All outside gates leading to the backyard need to have latches above 54” from the ground, they need to have gate springs installed, and the need to open away from the pool. - If you have a large double gate, 1 side will need the latch and a gate spring and you can padlock the other side. It will also need to swing away from the pool. - If you have chosen to install a wrought iron fence or a mesh barrier fence, you will not need to install the door alarms.

I understand that barrier code items are my responsibility and that they above noted points are suggestions for my benefit but that I need to verify with my specific jurisdiction. I understand that my pool will not be able to have final inspection until I have completed these items. Initials _________ ______________________ _ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

The biggest source of dissatisfaction on a new pool project is often the decking. THERE IS NO PERFECT DECKING MATERIAL- ALL DECKING HAS INHERENT FLAWS. Any choice of a deck material will have a compromise of some kind. The more decking that is added to a project, the greater the chance that there will be minor flaws. We will always install decking using skilled personnel and the highest quality standards possible, but there is still the possibility of minor cosmetic imperfections.

CONCRETE DECKING WILL ALWAYS HAVE THE POSSIBILITY OF MINOR CRACKS. We install control joints in the concrete to attempt to create "break points" throughout the concrete deck. Most often, the concrete will crack in the control joints. There is always the possibility that your concrete could crack outside the control joints. These cracks are cosmetic only and not structural; never so wide that a penny could fit in the crack and never more than one crack in any area between the control joints. Very small, hairline cracks running perpendicular from the pool edge are possible because concrete is designed to cure on dirt while the edge of the pool is concrete (shotcrete).

While your concrete will be professionally finished, please understand that it is a hand finished, troweled product that can have small imperfections - as can anything that is hand crafted by humans.

Concrete will cure differently every time it is poured. The color samples are approximate, and each time concrete is poured, it can have a different shade. COLORED (OR GRAY) CONCRETE WILL CURE OUT "SPLOTCHY" AND WILL HAVE LIGHT AND DARK SPOTS. Concrete will take years to cure out to its final color, although it will be close to its final color within one year. None of these situations are defects, they are inherent characteristics of colored (or gray) concrete. Colored concrete (especially darker color selections which we do not recommend) can be quite hot in direct sunlight in the summer.

Cool Deck/Acrylic Lace is a topping placed on top of the concrete. It is a product that is troweled to a "knockdown" textured finish. It is not always uniform around the entire deck due to weather, sun/shade variations and other factors. Cool Deck/Acrylic Lace is not cool when it is in direct sunlight on the hottest days of the summer (although it is cooler than other products). If you want the coolest decking possible, you should select a very light and bright color. Cool Deck/Acrylic Lace can deteriorate over the years and may need to be redone in the future, but it is a very good choice for a comfortable, relatively cool, nonslip deck around a pool.

Concrete pavers are very hot in direct sunlight. The color blends can have a wide variance of dominant colors each time they are manufactured. They will fade and lose their brightness over time. They are not a comfortable pool edge. On the plus side, they are very durable, easy to repair, easy to add to or modify the shape of the decking area. They are attractive and colorful.

Travertine can be very slippery around a wet pool environment. It can and will create a slipping hazard and is not recommended for households with children. It is a natural stone with cracks, holes and chipped edges in some cases and can have wide color variations even in the same pallet. On the plus side, it is very durable/long-lasting, will not lose its color, is easily repairable, is able to be extended, is relatively cool (especially ivory color) and can look very beautiful - especially on linear pool designs.

I understand the inherent flaws in any type of decking. Initials ___________________ Zoho Sign Document ID: 2E78EB6C-JFOUIXEPGK9SKMLIOX-OIUMHTHQDHSBGMEZNDICH4JW

Use of Project Media for Marketing Purposes

Pleasure Pools understands the importance of showcasing our work and sharing the exciting progress of our projects with others. As part of our marketing efforts, we may capture photographs and videos of the construction process and the completed project.

We value your privacy and will always respect your personal space. Rest assured that any media featuring your project will be used in a professional and respectful manner. We will never disclose personal information or sensitive details without your explicit permission.

We invite you to consider participating in the documentation of your project. Your involvement can enhance the marketing materials and provide a more personalized representation of your unique vision coming to life. If you are interested in actively participating in the media content creation, please let us know, and we will discuss the possibilities with you.

We understand that privacy is a priority, and we want you to feel comfortable throughout the construction process. If you have any concerns or prefer that no media is used for marketing purposes, please inform us, and we will ensure your wishes are respected.

Please note that your decision to participate or not participate in the media documentation will not impact the terms and conditions of the contract or the quality of service provided by Pleasure Pools.

If you have any questions or require further clarification about the use of project media for marketing purposes, please do not hesitate to reach out. We are here to address any concerns you may have.

Thank you for your understanding and cooperation.

I understand the social media and marketing intentions. Initials _________ __________________

I have fully read and completely understand all of these statements and appreciate that this document is designed to enhance my understanding of the pool construction process and my expectations of the finished product.

Signed _______________________ __________________________________________ _ _____ Sep 12 2023 22:18 MST Date _______________________________

Signed __________________________________________ Sep 12 2023 22:18 MST Date _______________________________

Signed _____________ __________________________________________ Sep 13 2023 05:49 MST Date _______________________________ 1/29/24, 5:08 PM Gmail - Payment Confirmation - Christian Pagan Guzman

christian pagan <[email redacted]>

Payment Confirmation - Christian Pagan Guzman message

Ashley Rucker <[email redacted]> Mon, Dec 18, 2023 at 6:36 AM Reply-To: Ashley Rucker <[email redacted]> To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]>

DISBURSEMENT CONFIRMATION

Dear Pleasure Spas, Inc DBA Pleasure Pools ,

Lyon Financial has initiated a payment of 19,140.53. You will be paid by direct deposit or by check depending on how you are currently set up with us. If you are being paid by direct deposit funds can take 2-3 business days to post to your account. If you are being paid by check please allow 5-7 business days to receive the funds.

Please see details below:

Loan # [number redacted] Investor EnerBank

Borrower Name Christian Pagan Guzman

Borrower Address 10318 S Moonlit Riverwalk Trl Vail, AZ 85641

Disbursed Amount 19,140.53

Total Disbursed Amount (to date) 24,338.78

Pay to Builder (Total) 69,000.00

https://mail.google.com/mail/u/0/?ik=2d5b4d634b&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 1/2 1/29/24, 5:08 PM Gmail - Payment Confirmation - Christian Pagan Guzman

Please Note: If your mailing address or banking information has changed, please call our office immediately to avoid delays in processing your payment.

As always, thank you for your business! We are continuously adding new loan products to better serve you and your customers needs.

https://mail.google.com/mail/u/0/?ik=2d5b4d634b&view=pt&search=all&permthid=thread-f:[number redacted]&simpl=msg-f:[number redacted] 2/2 Received 4/10/24, 8:16 AM State of Arizona Mail - Response to Citation and Complaint 2024-01169 4/09/2024 ROC Legal

Answers - AZROC <[email redacted]>

Response to Citation and Complaint 2024-01169 message

Operations <[email redacted]> Tue, Apr 9, 2024 at 5:20 PM To: answer <[email redacted]> Cc: Owen Brown <[email redacted]>

This email is in response to the citation and complaint issued in case 2024-01169

First and foremost, at this time it appears that Pagan Christian has withdrawn his permit and there is no way for Pleasure Pools to be able to complete this project.

Pleasure Pools was willing to complete this project, however, Christian Pagan has made it clear that he will not allow us to move his project forward. I am attaching the latest email string where we had set a proposed schedule to complete his project and his refusal.

I understand that Pleasure Pools has a UCC Lien against it which means that the finance company can not provide payment directly to Pleasure Pools. We have worked with Lyon financial to provide a solution in which they will pay the sub trades directly. The homeowner has refused to allow this form of payment.

Technically, according to the contract, payments are the customer's responsibility regardless if they are financed or not. In theory if the finance company refuses to make payment it would be the customer's responsibility to make the payments.

Unfortunately, Pleasure Pools is not in a position to do work or have work arranged with Sub Contractors when the customer is refusing payment.

We have offered a cancelation of contract and Christian Pagan has refused after he requested a cancelation on a number of emails. See attached.

It is unclear to us how we are to complete this project if he is refusing payment and does not want to cancel his contract.

Christian Pagan's complaint regarding sub-trades is difficult to navigate as Pleasure Pools has always used sub trades. Regardless of who was paying for the sub trades Pleasure Pools would be the licensing body that the work would fall under.

Christian's complaint regarding paying the excavation payment and wanting money refunded has no merit. His contract clearly states that the funds were due upon completion of excavation- that is the only stipulation to that payment. That was completed, hence payment was made.

We ask that these complaints be dismissed as we have tried to complete this project and have not been able to come to an amicable resolve with the client.

We feel a cancelation of contract is the best way forward at this time.

Kindest Regards,

Carly Brown 1.520.403.8960 Office [email redacted] www.pleasurepoolstucson.com

https://mail.google.com/mail/b/AEoRXRR2AQ0hzUEN1B6RsxeqPZiNRjeZzZ3ZDFAHpzQwDHUWtmAz/u/0/?ik=581c53cf5c&view=pt&search=all&per… 1/2 Received 4/10/24, 8:16 AM State of Arizona Mail - Response to Citation and Complaint 2024-01169 4/09/2024 ROC Legal attachments Pagan Cancellation Issues.pdf 131K Refusal to allow work.pdf 141K Pagan remove PP from Lyon.pdf 122K Pagan Refusal to PP.pdf 133K Pagan Rant and Threat of Legal Action.pdf 145K Pagan sub trades.pdf 635K Pagan Finance Clause.pdf 749K Pagan Permit Withdrawn.pdf 85K

https://mail.google.com/mail/b/AEoRXRR2AQ0hzUEN1B6RsxeqPZiNRjeZzZ3ZDFAHpzQwDHUWtmAz/u/0/?ik=581c53cf5c&view=pt&search=all&per… 2/2 Received   |   |       4/09/2024  ROC Legal

Re: Pool Contract Cancellation-Christian Pagan

christian pagan   | CP  WED FEB 7 1:40 PM •  • INBOX   Operations , Owen Brown , Shiela Paster , Lyon Construction  

Good day,

After reviewing the cancellation contract, I noticed that some key information was not included and would like to be addressed upon signature and closure. Funds released were for the pool construction not for one specific thing. At the completion of the excavation, the funds that were released (as stated by you Owen Brown on Jan 18 during a house vitsit) were to front load and cover plumbing, electrical, and steel and which was never accomplished despite getting the funds. Due to Pleasure Pools and Spas being unable to complete my project, I'm respectfully requesting a FULL refund for all of the funds released to Pleasure Pools and Spa's within 30 days from this notification. Additionally, Pleasure Pools is to return all of the dirt taken from my property (10318 S Moonlit Riverwalk Trail, Vail, AZ 85641) and bring my backyard back to its original state prior to the dig also within 30 days from this notification. Please include this verbiage to the "termination section" of the cancellation contract.

Lastly, Please remove or adjust the verbiage on the confidentiality section (6.): If you would like to keep it, please include a line that states "This section is voided or not valid, if payments are not made within the 30 days identified in the "termination section". If payments are made on time, everything will be confidential and nothing will be released. If payments are not received within the set 30 days, both parties should agree that I should be able to disclose any information I desire for the safety and awareness of future customers.

I am trying to get this corrected without having to take additional measures to get my money back. We were brought into a problem that has nothing to do with us, and the right thing should be done without any difficulties. This is starting to take effect on my health and my family. I will not allow this to continue. I understand that things happen, and can derail certain plans, and I have faith that your team will do whatever needs to be done to get our funds back.

If there are any questions, please feel free to ask or give me a call.

Regards,

Christian Pagan 10318 S Moonlit Riverwalk Trl Vail, Az, 85641 850-716-7259

On Mon, Jan 29, 2024 at 8:39 AM christian pagan <[email redacted]> wrote: Good morning,

Due to the ongoing issues with Pleasure Pools and Spas, I no longer have the confidence and trust in this company to proceed with my project. Effective immediately, I’m requesting the termination of my contract. Furthermore, I have instructed Lyons financial to ceased and not release any funds that are associated with my contract between Pleasure Pools and Spas.

Additionally, I’m respectfully requesting that Pleasure Pools and Spas restore the torn fence, gates, water irrigation system and landscape to its original state with in 30 days from this notification.

Finally, no one from Pleasure Pools and Spas is allowed to enter my premises without written authorization for the specific dates requesting access

@mention a user or group to share this conversation  Received 4/09/2024 ROC Legal Received Accela Citizen Access 2024-04-09, 5:14 PM 4/09/2024 ROC Legal

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Applications for most permits are only accepted via Citizen Access. Sign up for an account now! To schedule an inspection go to Building Inspection Portal | Pima County, AZ To make a payment: search for record, click Payments, click Fees.

P23BP10089

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Date Record Number Record Type Module Short Notes Project Name Status

Other Structures Residential 10/23/2023 P23BP10089 Building Withdrawn Permit Pool/Spa

Other Structures Residential 10/20/2023 P23BP09985 Building Withdrawn Permit Pool/Spa

https://aca-prod.accela.com/PIMA/Cap/GlobalSearchResults.aspx?isNewQuery=yes&QueryText=P23BP10089 Page 1 of 1 Received   |   |       4/09/2024  ROC Legal

Re: Pool Contract Cancellation-Christian Pagan

christian pagan   | CP  THU FEB 8 12:44 PM •  • INBOX   Pleasure Pools , alexah , Owen Brown , Shiela Paster , Operations , Owen Brown , Michael Pringnitz  

Hello again,

I have given you the opportunity to make things right. However, it seems that you think that we are just going to let you get away with taking over $20,000 from me and many others clients that are with Lyons financial. Pleasure Pools is not the business I want to be associated with. This was your last chance to make things right, but since you refuse, then I will proceed with my actions. I have already contacted my legal team, and for your awareness. Below are just some of the things that myself as well as others in the similar situation are entitled to.

1. You have violated our contract. Our agreement was between Pleasure Pools and myself and not the subcontractors. 2. Due to the violation, you owe me (and everyone that's in the same situation as me) All of the monies paid for the pool build, plus whatever difference it would take other builders to finish our pool. Which like you stated on my property during your visit on 18 Jan 24 that your pool price was over $20,000 dollars cheaper than what others would charge. 3. The UCC issued to you is not because a Lyons Financial, its due to the loan that you took out or co-signed on (like you told me while on my property during your visit on 18 Jan 24) and the reason why your Pleasure Pools or "2321 Desert '' invoices can't get paid. So please stop with the lies. Finishing the pool is no longer an option. I can keep going with details and issues that can make this really bad. My attorney fees will be nothing compared to what I can get out of this situation and worth 100% of my time and money.

Since you have included Lyons in this email, I would like them (since you failed to provide it on my previous request) to send me any written arrangement that they have between you and them stating that Pleasure Pools or yourself will be able to receive funding from them. It is illegal for other financial institutions to release payment to a company that has an UCC on them. So please stop saying Lyons is the problem. They have been nothing but great with me.

If there are any questions, please feel free to ask.

Respectfully,

Christian

On Thu, Feb 8, 2024 at 1:28 PM Pleasure Pools <[email redacted]> wrote: As per our last email, we will not agree to these terms. Our office will schedule the plumbers and let you know the day they will be there to install your plumbing, and then when the rebar sub will be there.

Owen

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Re: Account Removal

christian pagan   | CP  MON FEB 12 3:22 PM •  • INBOX   Pleasure Pools , Michael Pringnitz , Accounting , Owen Brown , Owen Brown , alexah  

Hello Sir,

I'm sorry that the agreement has not been signed and you think you're moving forward. The agreement will be signed once you make the updates requested. Just a reminder, you have 25 days left to refund my money. You're not moving forward with my build and you are not authorized to enter my property. In case you were not aware, this email serves you as my official notification. Lyons has removed you from my account and you will not be reinstated in it.

I respectfully requested the below information and once again you have failed to provide it. (here is another chance) 1. Written Agreement between you and Lyons Financial stating that I can pay you directly for the work that Sub-concrators do. 2. You have failed to provide or give an answer as to where the funds that you collected that should have covered the cost of Plumbing, Electrical, and Steel went? Here is another opportunity for you to give an explanation... A Pool excavation does not cost $14K. So where did the money go?

Please reply to all with all of that information. Lasty, Please update the cancellation contract to reflect the amount you owe me for the sections that you failed to complete (deposit, plumbing, electrical, and steel) as well as the confidentiality section removed and I will get it signed. Thank you and have a blessed rest of your day.

Regards,

Christian

On Mon, Feb 12, 2024 at 3:27 PM Pleasure Pools <[email redacted]> wrote: Well right now we are waiting on the cancellation agreement to be signed or we are preparing to move forward.

Owen

On Mon, Feb 12, 2024 at 10:12 AM christian pagan <[email redacted]> wrote: Good morning Mike,

Pleasure Pools and I have decided to mutually end our agreement to complete our pool build. Respectfully requesting to remove them from my account and not release any funds to them. I will be contacting you later on to see what my next steps are. If there are any questions, please let me know. Thank you!

Respectfully,

Christian

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Account Removal

christian pagan   | CP  MON FEB 12 9:12 AM •  • INBOX   Michael Pringnitz , Accounting , Owen Brown , Owen Brown , Pleasure Pools  

Good morning Mike,

Respectfully,

Christian

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Re: Tentative Schedule

christian pagan   | CP  THU MAR 21 9:32 AM •  • AROC   Owen Brown , Info Pleasure Pools , John Smith  

Dear Owen,

Thank you for taking the time to answer the previous email. Sorry that you feel that I tried to deride you personally; that was never my intent. I am a person of integrity and my character is not to bring anyone down.

I haven’t had any problems allowing your team to perform work at my house as stated or identified in the contract. You and your team performed one day of work and then abandoned me. If I recall correctly, I was the one to reach out to get updates on my build.

I don’t understand where your frustration towards me is coming from, as I don’t think that my ask is too demanding. All I need is 1. Be able to pay pleasure pools directly. 2. The information of the subs that will be performing work at my house. Please note that I will not pay nor have Lyon pay sub-contractors or their invoices directly. I have confirmed with my lawyers, Lyon Financial, and Investigator Smith that I am not obligated to do so.

Due to these ongoing issues, we don’t feel safe having sub-contractors perform work at our house without doing background check and validating their work via references. For the security and safety of my family, all I’m asking is for you to provide the name(s), ROC, and bond information of the sub-contractors that will be performing work at my house and to be able to pay pleasure pools. Please let me know as I never wanted to delay my pool build. After some research, I found a local company (not sure if you heard of them, Premier Pools And Spas) that went through a similar situation and their customers were left hanging; so I hope you understand as to why I’m exercising with a bit more caution.

Please know that we have been eagerly waiting for you to contact me with a plan to move forward and it wasn’t until last night 20 Mar 2024 that you decided to provide a way forward. The completion deadline of 22 Mar 2024 was not set by me and this directive came from Investigator Smith. I was ready and eager to work on getting this project moving. We have been very patient and given you multiple opportunities to make things right and finish our project.

Due to Pleasure Pools poor management and the troubles it has put me through, I have had to seek medical assistance and counseling which has now put my job at risk. So again, I hope you understand as to why I am quite apprehensive. I have never been in a situation where I paid someone $24K for $5K worth of work. This is really messing with my mental health and taking a toll on me.

With that said, we are in this impasse because of Pleasure Pools and their management. I will continue to let the AROC process play out and await further directions from AROC.

Thank you and god bless!

Kindest regards, Christian

On Mar 20, 2024, at 19:11, Owen Brown <[email redacted]> wrote:

Dear Christian,

@mention a user or group to share this email  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