2024A-03463-CHC-ROC Notice of Hearing & Packet MAILED 2024-03463.pdf

2024A-03463-CHC-ROC · Registrar of Contractors · 2024-06-12

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alberto Figueroa Rosales , Case No. 2024-03463

COMPLAINANT, Docket No. 2024A-03463-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE A-Z Restoration & Remodeling LLC License No. ROC 345340,

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

HEARING INFORMATION The hearing is set for:

August 1, 2024 1:00 PM Velva Moses-Thompson 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 May 23, 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)(2)(b) Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(c)

Charge: 3 A.R.S. § 32-1154(A)(9)(a)

Charge: 4 A.R.S. § 32-1154(A)(12) - A.R.S. § 32-1158 Charge: 5 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 June 12, 2024. By: /s/ Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail June 12, 2024 to:

Respondent(s) A-Z Restoration & Remodeling LLC 2156 W Ivar Rd San Tan Valley, AZ 85142 Complainant(s) Alberto Figueroa Rosales 4780 W Ann Rd Suite 5173 North Las Vegas, NV 89031 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. 2024-03463 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Jobsite Inspection Notes

Case No.: 2024-03463 Investigator: Jack Grimm Inspection Date: Thursday, April 18, 2024 Inspection Time: 10:00 AM

Complainant: Alberto Figueroa Respondent: A-Z Restoration & Rosales Remodeling LLC Not Present: Not Present:

Jobsite General Notes: Present for A-Z Restoration & Remodeling LLC was Anthony Cano Castillo co-owner and Daniel Marquez co-owner and QP. Extensive work was performed beyond the permit that was obtained for roof repair and stucco repair. This project requires a complete remodel permit with plans including but not limited to framing, electrical, plumbing, HVAC, with all code and safety components. Respondent states when asked if the subcontractor used were license stated he was not sure. Warning letter will be issued for aiding and abetting. Failure to obtain the proper permits and elements of a contract. Warning letter issued for Elements of a Contract. 32-1158(A) Failure to obtain the necessary permits 32-1154(A)(2) Aiding and Abetting 32-1154(A)(9)(13)

Complaint Item #1: The services were engaged based on false representations regarding his experience as a General Contractor, and now he is extorting me for more money in top of 50K I gave him. Investigators Observation: Respondent has stopped working and states he is unable to continue for the dollar amount agreed in contract. Respondent acknowledges he has received $50.000 to date. Complainant states he has paid the 50K of a $66,600 contract agreement and the project is not even close to being completed and states the respondent will not continue to work without receiving more money. The project is a complete remodel with many aspects of the project being entirely redone. Extensive framing, all new electrical, all new plumbing, windows, partial roofing and extensive cleanup has taken place to date. Yet to be completed but not limited to is insulation, drywall, interior doors and trim, painting, kitchen and bath cabinets, tops and fixtures, appliances, plumbing and electrical trims and fixtures, flooring, roofing, stucco, HVAC, fencing and landscaping. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

The first issue that needs to be resolved is obtaining the correct permit that will most likely require professionally drawn plans as required by the City of Peoria. Per the contract line 5 “licenses and permits – Contractor shall obtain all licenses and permits necessary for proper completion of the work. Owner is responsible for the cost of all necessary permits or licenses including services required from professional vendor (Architect, Engineer, or Draftsman)” The contractor shall submit to the City of Peoria on behalf of the owner all documents (set of working drawing as required by the city provided and paid by owner) required to obtain the necessary code compliant permits. The respondent should not have begun work without the correct permits in place. It appears based on documents provided by the complainant that there was no intention to obtain permits Per “Exhibit A2 Additions – make the additions only if there is enough space and existing roof covers the areas to not have to get permits.” Exhibit A1 and A2 scope of work includes interior and exterior work that requires permits for code compliance. A permit was obtained by the respondent for minor work including partial roof rebuild and stucco work. This permit is not representative of the work that is being performed. Parties state they have had contact with city building officials regarding obtaining the required permits. A contract is in place between parties as “Contractors Agreement/Property Rehab” and signed by the respondent dated 1-17-204 with a total dollar amount of $66,600.00. In part the contract states the contract price will not increase as outlined in exhibit B1-2 (have not been provided with B1-2 docs) Payment of this amount is subject to additions or deductions in accordance with any mutually agreed upon changes and/or modifications of the work.” Respondent states he has performed multiple amounts of additional work however no mutually agreed upon change orders are in place. A couple of documents have been reviewed regarding the scope of work. Exhibit A1 and A2 that outlines work to be performed mostly using the existing material on site and a copy of a text message from A to Z Restoration and Remodeling LLC stating “Materials and labor cost breakdown: each price includes everything needed from beginning to end.” With components of the project listed with dollar amounts to each component. Stating total price of $66,600.oo that matches the contract. However the dollar amounts listed on this text total up to $74,700.00. Contract states “Contractor has gone to the subject property and inspected the property. After measuring and evaluating everything related to the property the contractor has sent the owner a proposal and invoice based on those evaluations. Contractors agrees they will be able to have the property completed within the timeframe requested and for the price agreed on this agreement.” The contract also states required timelines for the work to be completed. The ROC does not make determinations regarding schedules or timelines. *Parties need to work together to obtain the required city code jurisdiction plans and permits. Work needs to be completed by respondent per signed contract and obtain all required code jurisdiction inspections and approvals. Governing Rule: 32-1154(A)(2) Departure from or disregard of Building Codes. 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #2: New roof not installed, new flooring not installed, landscaping decorative rock not installed and not ordered. Investigators Observation: Work is incomplete per contract.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Governing Rule: 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #3: New electrical wiring not completed, plumbing not completed, water lines, material breaks. Investigators Observation: Work is incomplete and not permitted or approved by local building code jurisdiction. Governing Rule: 32-1154(A)(2) Departure from or disregard of Building Codes. 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner

Complaint Item #4: Texture not completed, new doors not ordered not installed. Nothing is completed in a 1000 SF home. Investigators Observation: Work is incomplete per contract. Governing Rule: 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #5: New kitchen cabinets not ordered, not installed bathroom enclosures not ordered not installed. Investigators Observation: Work incomplete per contract. Governing Rule: 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #6: Basically nothing is done in this 1000 ft remodel. Investigators Observation: Many aspects of the work have been performed. Total project is incomplete. Governing Rule: 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [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 C011 12/23

Complainant: Alberto Figueroa Rosales 4780 W Ann Rd Suite 5173 North Las Vegas, NV 89031

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: A-Z Restoration & Remodeling LLC 2156 W Ivar Rd San Tan Valley, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 March 28, 2024

Re: Complaint No. 2024-03463

Dear Complainant and Respondent:

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

A jobsite inspection is scheduled for Thursday, April 18, 2024 at 10:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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,

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [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 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Complainant: Alberto Figueroa Rosales 4780 W Ann Rd Suite 5173 North Las Vegas, NV 89031

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: A-Z Restoration & Remodeling LLC 2156 W Ivar Rd San Tan Valley, AZ 85142

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 April 24, 2024

License No. ROC 345340

Re:Complaint No. 2024-03463

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 Wednesday, May 15, 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:

Complaint Item #1: The services were engaged based on false representations regarding his experience as a General Contractor, and now he is extorting me for more money in top of 50K I gave him. Investigators Observation: Respondent has stopped working and states he is unable to continue for the dollar amount agreed in contract. Respondent acknowledges he has received $50.000 to date. Complainant states he has paid the 50K of a $66,600 contract agreement and the project is not even close to being completed and states the respondent will not continue to work without receiving more money. The project is a complete remodel with many aspects of the project being entirely redone. Extensive framing, all new electrical, all new plumbing, windows, partial roofing and extensive cleanup has taken place to date. Yet to be completed but not limited to is insulation, 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 drywall, interior doors and trim, painting, kitchen and bath cabinets, tops and fixtures, appliances, plumbing and electrical trims and fixtures, flooring, roofing, stucco, HVAC, fencing and landscaping. The first issue that needs to be resolved is obtaining the correct permit that will most likely require professionally drawn plans as required by the City of Peoria. Per the contract line 5 “licenses and permits – Contractor shall obtain all licenses and permits necessary for proper completion of the work. Owner is responsible for the cost of all necessary permits or licenses including services required from professional vendor (Architect, Engineer, or Draftsman)” The contractor shall submit to the City of Peoria on behalf of the owner all documents (set of working drawing as required by the city provided and paid by owner) required to obtain the necessary code compliant permits. The respondent should not have begun work without the correct permits in place. It appears based on documents provided by the complainant that there was no intention to obtain permits Per “Exhibit A2 Additions – make the additions only if there is enough space and existing roof covers the areas to not have to get permits.” Exhibit A1 and A2 scope of work includes interior and exterior work that requires permits for code compliance. A permit was obtained by the respondent for minor work including partial roof rebuild and stucco work. This permit is not representative of the work that is being performed. Parties state they have had contact with city building officials regarding obtaining the required permits. A contract is in place between parties as “Contractors Agreement/Property Rehab” and signed by the respondent dated 1-17-204 with a total dollar amount of $66,600.00. In part the contract states the contract price will not increase as outlined in exhibit B1-2 (have not been provided with B1-2 docs) Payment of this amount is subject to additions or deductions in accordance with any mutually agreed upon changes and/or modifications of the work.” Respondent states he has performed multiple amounts of additional work however no mutually agreed upon change orders are in place. A couple of documents have been reviewed regarding the scope of work. Exhibit A1 and A2 that outlines work to be performed mostly using the existing material on site and a copy of a text message from A to Z Restoration and Remodeling LLC stating “Materials and labor cost breakdown: each price includes everything needed from beginning to end.” With components of the project listed with dollar amounts to each component. Stating total price of $66,600.oo that matches the contract. However the dollar amounts listed on this text total up to $74,700.00. Contract states “Contractor has gone to the subject property and inspected the property. After measuring and evaluating everything related to the property the contractor has sent the owner a proposal and invoice based on those evaluations. Contractors agrees they will be able to have the property completed within the timeframe requested and for the price agreed on this agreement.” The contract also states required timelines for the work to be completed. The ROC does not make determinations regarding schedules or timelines. *Parties need to work together to obtain the required city code jurisdiction plans and permits. Work needs to be completed by respondent per signed contract and obtain all required code jurisdiction inspections and approvals.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: 32-1154(A)(2) Departure from or disregard of Building Codes. 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

Complaint Item #2: New roof not installed, new flooring not installed, landscaping decorative rock not installed and not ordered. Investigators Observation: Work is incomplete per contract. Governing Rule: 32-1154(A)(3) Poor or Incomplete work – A contractor shall perform all work in a professional and workmanlike manner.

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

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

Jack Grimm Jack Grimm, Investigator #172 602 7716741 [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 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Alberto Figueroa Rosales, Case No. 2024-03463 COMPLAINANT, v. A-Z Restoration & Remodeling LLC, CITATION License No. ROC 345340, RESPONDENT.

The Registrar issues this Citation to A-Z Restoration & Remodeling LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by June 7, 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 March 24, 2024, Alberto Figueroa Rosales (“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)(2)(b) Departure from or disregard of: (b) A building code of this state or any political subdivision of this state in any material respect that is prejudicial to another.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge: 2 A.R.S. § 32-1154(A)(3) - R4-9-108(c) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(c): All work performed by a contractor in a county, city, or town that has not adopted building codes or where any adopted building codes do not contain specific provisions applicable to that aspect of construction work shall be performed in accordance with professional industry standards. Charge: 3 A.R.S. § 32-1154(A)(9)(a) Attempting to evade this chapter by: (a) Aiding or abetting a licensed or unlicensed person 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)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E)

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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 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. 2024-03463. 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 June 7, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint,

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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 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 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

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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 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 May 23, 2024. By: /s/ Meridith Bell Meridith Bell Legal Assistant II Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, May 23, 2024 to: Respondent Certified Mail No: [number redacted] A-Z Restoration & Remodeling LLC 2156 W. Ivar Rd. San Tan Valley, AZ 85142 Copy mailed by USPS First Class mail this same date to: Respondent A-Z Restoration & Remodeling LLC 2156 W. Ivar Rd. San Tan Valley, AZ 85142 Complainant

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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 Alberto Figueroa Rosales 4780 W. Ann Rd., Suite 5173 North Las Vegas, NV 89031 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. 2024-03463

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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)

alberto figueroa rosales Mailing Address (Enter jobsite in Contract/Project section) City State Zip

4780 W Ann Rd Suite 5173 North Las Vegas Arizona 89031 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)

A-Z Restoration & Remodeling LLC ROC 345340 Street Address City State Zip

2156 W Ivar Rd San Tan Valley AZ 85142 Phone Number Email

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

Daniel L Marquez (Member) Jesus Anthony Cano Castillo (Manager) Contract/Project Information Contract Date Contract Amount Amount Paid

January 17, 2024 $66,600.00 $50,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 22, 2024 February 9, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip

8644 W Mountain View rd Peoria AZ 85345 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;Other I have contacted the contractor by 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 N/A This project was Residential This project involved Remodel

A building permit was obtained by Contractor 2400622 Peoria 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)

The services were engaged based on false representations regarding his experience as a General Contractor. and now he is extorting me for more money on top of 50k i gave him Allegations Listed on Complaint:

New roof not installed, new flooring not installed, landscape decorative rocs not installed and not ordered,

new electrical wiring not completed, plumbing not completed, water lines material breaks

texture not completed, new doors not ordered not installed, nothing is completed in a 1000 sf home

new kitchen cabinets not order not installed, bathroom enclosures not ordered not installed

basically nothing is done in this 1000ft home remodel

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

alberto figueroa rosales \complainant1\ \complainantd1\

RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB This Construction Contract Agreement (this “Agreement”) is made as of the ___ /___ /202__ 2023by & between (“Owner”) Green Planet Holdings LLC-Series 1, located at 4780 W. Ann Rd 5173, North Las Vegas, NV 89031 & ("Contractor"):___________________________________________ AZ Restoration & Remodeling LLC , an Arizona limited liability ________________________________________________________ company located at:2156 W IVAR rd Queen Creek AZ 85142

with a contractor's license number ROC: ________________________________ 345340 Owner and Contractor may each be referred to in this Agreement individually as a “Party” and collectively as the “Parties.” The Parties agree as follows:

1. Description of Work. Contractor shall perform the following described work at: _____________________________________________________________ ("Property"):8644 w Mountain View rd Peoria AZ 85345 , in accordance with Owner’s discussed plans and exhibits / specifications, attached as Exhibit “____ A1-2” estimate providing scope of work.

⎽ Contractor has gone to the subject property & inspected the property. After measuring & evaluating everything related to the property the Contractor has sent the owner a proposal & invoice via email Based on those calculations

⎽ Contractor Agrees that they will be able to have the property completed within the time frame requested & for the price agreed on this agreement

⎽ Contractor will make sure the property is professionally cleaned & picture ready by the staging date which is in 45 days from the execution of this contract. If the project isn't done by that date, there's a $250 fee (that will be deducted from the contractors fee) to reschedule the staging.

This Agreement and any Change Order, as defined herein, (collectively, the "Contract Documents"), which includes line items, tasks and materials listed on Exhibit “____ B1-3 ” (Estimate), work is limited to what is identified on Exhibit”____ A1-2 ” unless adjusted via Change Order. B1-3 2. Contract Price and Payments. 66,600.00 Owner agrees to pay the Contractor the total amount of $______________ & (the “Contract Price”) will not increase as outlined in Exhibit “____ B1-2 ” Payment of this amount is subject to additions or deductions in

accordance with any mutually agreed upon changes and/or modifications in the Work (Exhibit “____ N/A ”). Payment will be made by: (wire transfer, company check or cashier's check), according to the following Schedule As Agreed below, for Material & Labor:

$___________ 25,000 on ___ /___ /202__ $___________ 16,600 on ___ /___ /202__

$___________ 25,000 on ___ /___31 /202__ $___________ N/A on ___ NA /___ NA /202__ NA Note: Subcontractor(s) final payment will be made after final inspection has been approved. Contractor must request the final inspection for approval 1/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB 3. Certificate of Completion. Work under this Agreement shall begin on ___1 /___ 18 /202__ Based on scope of work requested, with a City of Phoenix Permit. The Contractor shall provide the Owner 4 videos (15 - 20 min long) of the interior & exterior of the property to show the status of the completion of the property. ● 1st video on___ /___ /202__ when starting the project. ● 2nd video on ___ /___ /202__ after Demo is completed, ● 3rd video on ___ /___ /202__ after Preparation ● 4th video on ___ /___ /202__ once project is 95% completed ● 5th video on Date of Completion of the project shall be on or before ___02 /___ /202__ this means that the house is ready for final inspection and acceptance (by Owner) Owner shall make the final payment within five (5) days after final inspection is approved. ● If the project is completed before ___ /___ /202__ a $150/Day compensation will be paid to the contractor.

4. Materials and Labor. Contractor shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials necessary for the completion of the Work. All materials shall be good quality and new, unless the Contract Documents require or permit otherwise. Contractor may substitute materials only with the prior written approval of Owner.

5. Licenses and Permits. Contractor shall obtain all licenses and permits necessary for proper completion of the Work. Owner is responsible for the cost of any necessary permits or licenses including services required from professional Vendor (Architect, Engineer or Draftsman)

6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations and ordinances, trade standards, ethical guidelines and any safety requirements of the Owner (the “Applicable Laws”). Contractor shall promptly notify Owner upon discovery of any variance between the Applicable Laws and the Construction Documents.

7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct all construction under this Agreement. The Contractor shall provide competent and suitable personnel to perform the Work and shall at all times maintain good discipline and order at the Property. Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property. Contractor agrees to assume full responsibility for the acts, negligence, and/or omissions of its employees and any subcontractors and their employees.

Nota: Es MUY IMPORTANTE, que APAGUEN el AIRE ACONDICIONADO cuando estén pintando la casa. Si usted o alguno de sus trabajadores encienden el aire acondicionado mientras están haciendo la demolición/ pintando y dañan el aire acondicionado ustedes van a ser responsables de repararlo o reemplazarlo.

8. Record Documents. Contractor shall maintain in a safe place at the Property one record copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotated to show all

2/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB changes made during construction, which will be delivered to Owner upon completion of the Work. Owner shall have the right to inspect and review such documents upon notice to the Contractor.

9. Utilities. Owner shall pay for all permanent electric, water, phone, cable, sewer and gas service as needed to perform the Work. Owner shall pay for the installation, connection and removal of all temporary utilities on the Property during the performance of the Work. All temporary utilities shall conform and adhere to the Applicable Laws.

10. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance, storage, ownership or handling. If Contractor discovers any Hazardous Materials on the Property, Contractor shall immediately notify Owner and may cease working until the material or substance has been rendered harmless. Owner shall defend, indemnify and hold harmless Contractor, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the party seeking such indemnity.

11. Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents, applicable law and trade standards and free from material structural defects, improper workmanship or defective materials. Contractor shall replace, correct or repair any Work not in accordance with the Contract Documents, applicable law and trade standards or any defects caused by faulty materials, equipment or workmanship for a period of one (1) year from the date of completion of the Work. Upon request from the owner, the contractor within 5 days will make corrections to the owner's satisfaction.

12. Condition of the Property. Contractor agrees to keep the Property and adjoining driveways free and clear of waste material and rubbish. Contractor shall confine the storage of materials and equipment and the operations of employees to the Property, and shall not unreasonably encumber the Property with materials or equipment. Contractor shall be fully responsible for any damage to the Property or areas contiguous thereto resulting from the performance of the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the Property as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Property clean for MLS photo shoot and ready for occupancy.

13. Inspection. Owner shall have a right to inspect the Work at any time and request that the Contractor promptly correct any Work that is defective or does not conform to the Contract Documents. If required, the Work shall be inspected and certified by the appropriate state or local agency or health officer at each necessary stage.

14. Right to Stop Work. If Contractor fails to correct any defective Work or repeatedly fails to perform the Work in accordance with the Contract Documents, Owner shall have the right to order Contractor to stop performing the Work, or any portion thereof, until the cause for such order is eliminated.

3/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB 15. Subcontracts. Contractor shall furnish to Owner a list of names of subcontractors proposed to perform principal portions of the Work. The Contractor shall not employ any subcontractor to whom the Owner reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a person with whom the Contractor has a direct contract for work at the Property. All contracts between Contractor and subcontractor shall be in accordance with the terms of this Agreement and the Contract Documents.

16. Work Changes. Owner reserves the right to order changes to the Work in the nature of additions, deletions or modifications, without invalidating this Agreement, and agrees to make corresponding adjustments in the Contract Price and time of termination if applicable. All changes will be authorized in a written “Change Order” signed by Owner and Contractor, which shall be incorporated by reference herein.

17. Other Contractors. Owner reserves the right to enter into other contracts in connection with the Work. Contractor shall cooperate with all other contractors so that their work shall not be impeded, and shall give them access to the Property as necessary to perform their contracts.

18. Indemnification. Contractor agrees to defend, indemnify and hold harmless Owner and its agents and employees, from and against all claims, actions, liabilities, suits, demands, injuries, obligations, damages, losses, settlements, judgments, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of any negligent act or omission by Contractor, a subcontractor or anyone directly or indirectly employed by them in the performance of the Work resulting in bodily injury, illness or death, or for property damage, including loss of use, unless caused by the sole negligence or willful misconduct of Owner.

19. Contractor’s Insurance. Contractor agrees to maintain at its own expense during the entire period of construction at the Property A. General Liability Insurance. Such general liability insurance as will protect Contractor from claims for property damage and bodily injury, with limits of liability not less than $1,000,000.00 for each occurrence B. Automobile Liability Insurance. Such automobile liability insurance with limits of liability not less than $250,000.00. Contractor shall name Owner as an additional insured. Proof of such insurance shall be filed by Contractor with Owner within a reasonable time after execution of this Agreement.

20. Waiver of Subrogation. Owner and Contractor each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required under this Agreement. Owner and Contractor shall cause each insurance policy carried by Owner or Contractor relating to the Property to include or allow a full waiver of any subrogation claims.

21. Time of Essence. All times stated in this Agreement or in the Contract Documents are of the essence. Contractor agrees that such times are reasonable for performing and completing the Work. in this Case and for this particular project 45 days or less.

22. Liquidated Damages. In the event the Work is not completed by the date set forth in Section 3 of this Agreement, plus any extensions thereof as allowed in this Agreement, Owner shall suffer damages uncertain in amount and difficult to measure and prove accurately. Owner and Contractor agree that in lieu of actual damages, and not as a penalty, for delay in the performance of the Work, Contractor shall pay Owner the sum of $150.00 for each calendar day completion of the Work is delayed. Contractor agrees that the liquidated 4/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB damages specified herein are reasonable in amount and are not disproportionate to actual anticipated damages. Owner shall have the right to deduct any liquidated damages from any amount due or that may become due to the Contractor. Liquidated damages shall be the sole and exclusive remedy for the Owner for delay in completion of the work past the agreed upon date.

23. Extension of Time. The times stated in this Agreement may be extended for such reasonable time as Contractor may determine when performance of the Work by Contractor is delayed by a Change Order, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions, unavoidable casualties, or other causes beyond Contractor’s control or which justify the delay.

24. Early Termination for Breach of Contract. A. Contractor's Termination. Contractor may, on thirty (30) days’ written notice to Owner, terminate this Agreement before the completion of the Work when for a period of thirty (30) days after a progress payment is due, through no fault of Contractor, Owner fails to make the payment. On such termination Contractor may recover from Owner payment for all Work completed and for any loss sustained by Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss of a reasonable profit. B. Owner's Termination. Owner may, on fifteen (15) days’ notice to Contractor, terminate this Agreement before the completion of the Work, and without prejudice to any other remedy the Owner may have when the Contractor defaults in the performance of any provision of this Agreement, or fails to carry out performance of the Work in accordance with the provisions of the Contract Documents. If the unpaid balance on the Contract Price at the time of the termination exceeds the expense of finishing the Work, Owner shall pay such only excess with receipt to Contractor.

25. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.

27. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.

28. Notices. Any notice or communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.

29. Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld.

30. Binding Effect. This Agreement shall be binding and ensure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns.

31. Governing Law. This Agreement & the rights & obligations of the Parties hereto shall be governed by & construed in accordance with the laws of the State of Arizona, without regard to its conflicts of laws Provisions. 5/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB 32. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement.

33. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements.

34. Amendments. This Agreement may not be amended or modified except by a written agreement signed by all of the Parties.

35. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.

36. Survival. The obligations of Contractor expressly identified in this Agreement, or those by operation of law, shall survive the completion of Work or termination of this Agreement.

37. Industry Language. The language used for terms of this Agreement, unless otherwise defined, shall be construed according to the customary meaning within the construction industry in the area where the Project is located and for the type of Work being performed.

38. Independent Contractor. Contractor acknowledges that it is an independent contractor and is not an agent, partner, joint venture nor employee of Owner. Contractor shall have no authority to bind or otherwise obligate the Owner in any manner nor shall Contractor represent to anyone that it has the right to do so. Contractor further agrees that in the event that the Company suffers loss or damage as a result of a violation of this provision Contractor shall indemnify and hold harmless Owner from any such loss or damage.

39. Rights of Third Parties. Nothing in this Agreement shall create or give to any third party a claim or right of action against Contractor or Owner.

40. Confidentiality. As a result of Contractor's participation in the Work, Contractor will have access and contribute to information and materials of a highly sensitive nature, including Confidential Information. Contractor hereby warrants that Contractor and its employees and agents shall not (without in each instance obtaining the Owner's prior written consent) disclose, make commercial or other use of, or give or sell to any person, firm, or corporation, any Confidential Information received directly or indirectly from Owner or acquired or developed in the course of the performance of this Agreement unless: (1) required to do so pursuant to Applicable Laws (and then only after Contractor has given Owner prompt written notice of the legal compulsion and, at Owner's expense, provided by Owner with cooperation in any attempt Owner may make to gain a protective order acceptable to Owner); or (2) it is rightfully in the possession of Contractor from a source other than Owner prior to the time of disclosure of the information to Contractor under this Contract; or (3) it was in the public domain prior to the time of Contractor's receipt; or (4) it became part of the public domain prior to the time of Contractor's receipt by any means other than an authorized act or omission on the part of Contractor; or (5) it is supplied to Contractor after the time of Contractor's receipt by a third party who was not under any obligation to Owner to maintain such information

6/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4

CONTRACTORS AGREEMENT / PROPERTY REHAB in confidence; or (6) it was independently developed by the Contractor prior to the time of its receipt from the Owner. All Confidential Information, regardless of form, shall be the property of Owner and shall be returned to Owner upon its request, or in any event, at the completion or earlier termination of this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

(Owner of the Property) Green Planet Holdings LLC-Series 1

1/17/2024 ______________________________ __________________________________ ___________ Signature Owner or Representative Name and Title DATE

(Contractor)

Name: _________________________________________________ Jesus Anthony Cano Castillo Owner of

Company Name: AZ _______________________________________________________ Restoration & Remodeling LLC

an Arizona Limited Liability Company with Contractor Lic # ROC: _____________________ 345340

______________________________ __________________________________ Jesus Castillo 1/17/2024 ___________ Contractor Representative Signature Contractor or Representative Name & Title DATE Jesus Anthony Cano Castillo

7/7 Contractors Initials_______ DocuSign Envelope ID: C79849CE-0477-4B04-B272-EBEEF13A1CA4