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16460 SW HOOPS COURT
CITY OF TIGARD BUILDING INSPEC1 ,40N DIVISION / 61 ) �
24-Hour Inspe,:tion Line: 639-417S Business Line: 639-4171 MST --- - -`- -
'01 rillp
_Date Requested / ---_—_-
PM BLD
I_ cation -- -- -- ----
-••�-- Suite MEC,
Contact Perso i ph _— -- FILM - -- ------
Contractor ,/,/ SWR - ----- ----
D Tenant/Owner Y FLC
rRetainrng Wall - --- - —
Footing EI-k
FoundationAccess' -------Access-
FlyDrainDrain 1=F=C -- ----_
Crawl Drain InspectioI Notes: - — -/"�--- SG;!
Slab -- .c�2� � �e, -- l✓ - --_
Post& Beam -� SIT _
Ext She th/Shear L,
Int ShQath/Sher
Framing
Insulation _ --- -_- —-- _ — --- -
Drywall Nailing
Firewall ----- -- -- ---- -- ---- - - --------
Fire Sprinkler __---
Fire Alarm - --- — - _
Susp'd Ceiling
Roo! - -- — --- --
Misc,_ - -- -.
rn —..__ -- --- —_- _- -----
PASS - ART FAIL -
j
PLUMBING --
Post&Beam - -
-_ --
Under Slab
--
Top Out - -- _�— -- -- ---
Water Service
Sanitary Sewer
Rain Drains
Final - -------- ---
PASS PART FAIL
MECHANICAL -- -----
Post& Bearn
Rough In -- - ---- ---
Gas Line
Smoke Dampers
Final -
PASS PART FAIL
ELECTRICAL _
Service -----
P.ongh In
I Ju/Slab
Low Voltage
Fire Alarm
Final --_ _— -----------
PASS RT FAIL
-------------------------SITE ---- -
Backfill/Grading --- -- ----_ ___-----_,-----
Sanitary Sewer — - - -- --
Sto
CatchBasDrain I Reinspection fee of$_ _--required tefore next inspection. Pay at City Hall, 13125,3V/Hall Blvd
Catch Basin
Fire Supply Line I I Please call for reinspection RF
ADS ------- --. -_ [ [Unable to inspect-no access
Approach/Sidewalk
Other date Q --�
_- - .U-_ inspector.
r�inal ---— .L�
PASS PART FAIL J 00 NOT REMOVE this inspection record from tite 'oh site,
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Code Enforcement Case #
Received by, Date: d Time:
RECEIVED FROM: �� CITY OF
TIG��
OREGON
/
PRnPERTY OWNER:
(site address) — PARCEL #: 510! Cg -1443ov
— Map Page.-
Tax
age:Tax Lot (s):_, —_-- -
DESCRIPTION OF ALLEGED VIOLATION: L0&//) -���r11� �S) ir►----
`
DATE OF VIOLATION: 10-17-19 _- TIME OF VIOLATION: :) V (&�S
The following information to bg completed by Code Compl_iroce Officer/Community Development
Type of Violation: u - !� Class of Violation:--
-
Compliance Deadline Date:!/' Jf�-�I Penalty ($/da,,):
ComplianuP D:�adline Time: Misc. Fees:
Code Citation: Reviewed by: , — Final Disposition Date: - -
Municipal Date: � -
CUc --�
._..................1st Inspection,..._.._..............................__._.._................._._1st Lettpr.............w...._......................�.............�........._.............._. ..�
- ---
2nd inspection: 2nd Letter:
..............................................................................................................................._._...................................................................................................................
IAOMCOMPLANT DOC
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (.503)684-2772
BEFORE THE CONSTRUCTION CONTRACTORS BOARD
S'L'ATE OF OREGON
Kenneth K. Keudell, Administrator
In the Matter of'the Claim of: Claim No: 49601-107
DOUG and LAKY LEGRADY,
Claimant
vs.
MELODY WOODS HOME CORP., PROPOSED AND )hINAI, ORDER
Respondent
Claudia M. Burton, Administrative Law Judge(ALJ) appointed by the Construction
Contractors Board(CCB), heard this proceeding on August 18, 1998, in Salem, Oregon. The
claimants appeared pro se. The respondent appeared through its president, Tom Carey, and was
represented by its attorney, Michael Sahagian. The record closed on August 18, 1998.
On November 3, 1997, the claimants timely filed this claim pursuant to ORS 701.145,
seeking a total of $6,730.00 in monetary damages. The respondent was registered at the time the
work was performed. The CCB investigated the matter and, as required by ORS 701.145, served a
Notice of Hearing on the parties by certified mail at their last known address as defined at ORS
701.080.
To determine the validity of the claim and whether the amount the claimant, seek is proper,
the ALJ prepared and considered the record of this proceeding which consists of a tape recording of
the hearing, all evidence received and all hearing papers filed by the parties. The findings of fact
are based on the entire record.
FINDINGS OF FACT
1. In April of 1996, the parties entered into a contract whereby respondent agreed to build a home
for claimants on property located at 16460 SW Hoops Ct., Tigard, Oregon. The house was
completed and claimants moved in in November of 1996.
2. In January of 1997, claimants filed claim number 49601-106 (hereinafter, "claim 106") against
respondent, related to the home at Hoops Ct. Claim item number 3 of that claim stated: "crawl
space flooded for months prior to occupancy -- only builder knew. Improper grading &
inspection. Water flow toward house." (Exhibit 35).
3. On May 28. 1997, the parties entered into a settlement agreement of claim number 106. Under
the terms of the agreement, claim items 1-8 and others were to be resolved by the contractor's
payment of$3,600.00. The agreement stated, "Upon full payment, this fully relieves each party
of any and all claims in relation to these matters." (Exhibit 36).
LeGrady v. Melody Woods Nome Corp., Claim No. 49601-107, page 1 of 5
Respondent paid the $3,600.00.
5. On November 3, 1997, claimants filed this claim. Claim item number 1 of this Jaim stater:
"Low point drain not removing H2O and may be allowing H2O to enter crawl space du io it
being same level as exit @ curb, adjacer.t to storm drain. It's at a reverse grade." Claim item
number 8 of this claim states: "low point drain @ back should have been connected to the storm
sewer line in my backyard -- not to be exiting onto someone's land with no pennission." Claim
item number 9 of this claim states, "an electric wire in crawl space, not noticed before, runs
across the ground below vapor barrier is not nailed to code." (Exhibits 1, 2).
o. On December 1, 1997, Darrell Watkins, Inspection Supervisor for the city of Tigard, followilrg
an inspection ;performed on October 27, 1997 (Fxhibits C58-C61), wrote to respondent
outlining alleged rode violations in claim,urts' home. The relevant alleged code violations were
as follows:
"1.) The low point (crawispace) drain does not function on the street side c,f the
house. Suspect lack of slope between inlet and outlet of the drain is not sufficient
for (low. The crawispace is too flat for the water to run to the drain that was placed
in the back of the house. (which seems to function)
2.) Some foundation vents are allowing some surface water flow into the
crawlspace, 'nsufficient slope at grade away from house, no protective wells around
the vents that are at or below grade.
3.) Vere is a live 120 volt wire on the ground in the crawispace that was riot
properly terminated in a junction box. Another 240 volt wire is on the ground."
(Exhibit 26).
7. On January 21, 1998, the parties met with a CCB Investigator/Mediator. At that time, the
parties entered into a settlement agreement which provided that items 1, 8, and 9 of the claim
would be resolved as follows: "the respondent will resolve the issues of violations that have
been raised in the investigation report done by the City of Tigard. Inspection Supervisor Darrell
Watkins, regarding these items. Report items #1, 2 and 3." The agreement further provided
that other claim items would be satisfied by payment of$450.00. The agreement also specified
that "this is a substituted contract and any monetary damages sought due to a breach of
contract, through no fault of claimant, will be based only on this agreement." (Exhibit 20). At
the time the parties entered into the onsite settlement agreement, they had and referred to the
December 1, 1997 letter from Mr. Watkins quoted above. Claimants understood that if the
settlement agreement was breached, any damages would be based on the settlement agreement
and not on their original ,Iaim. (Testimony of Mr. LeGrady).
8. Respondent properly corrected the problem with the live wires in the crawl space. (Exhibit 34,
testimony of Mr. Watkins).
9. The city conducted a further inspection on February 6, 1998. (Exhibit 28). In ,ddition, the city
conducted further research on the code violations listed in the December 1, 1997 letter. After
conducting research, the city determined that item 2 in its December 1, 1997 letter was not
the letter was mistakenly dated 1977
LeGrady v Melody Woods Horne Corp., Claim No. 4.9601-10 7, page 2 of 5
properly attributable to respondent. The city's research disclosed that Washington County had
specifically required, inspected for, and found, proper grading away from the house. Therefore,
the city concluded that any problems with the grade away from the house were attributable to
landscaping or other actions by claimants, not to respondent. Therefore, the city did not require
any further corrections to this item. The city found that item 1 was still open. The backwater
valve at the rear crawl space was not accessible for repair. Also, the city found that the
contractor still needed to prudent water intrusion into the crawlspace through the front vents
and prevent excessive pooling of water at the backwater valve/drain. The city further found
that claimants needed to lower the grade in the crawlspace (because the existing grade in the
crawlspace was a result of claimants'moving earth) and that claimants needed to prevent water
intrusion through the foundation vents (because claimants presumably i]ad altered the grade).
(Exhibit 34, testimony of Mr. Watkins). Because of the unresolved issues with regard to item
1, the city still has not granted final approval to claimants' home. (Exhibit 28, testimony of Mr.
Watkins).
10. The backwater valve can be made accessible for repair at a cost of$45.00, including labor and
materials. (Testimony of Robert Strauss).
11. The recommended correction for water intrusion into the crawlspace from the front drain and
excessive pooling of water at the backwater valve/drain is to seal the drain at the crawlspace.
(Exhibit 34, testimony of Mr. Watkins and Mr. Strauss). This can be accomplished, including
labor and materials, for approximately$200.00. (Testimony of Mr. Strauss).
CONCLUSIONS OF LAZA/ AND OPINION
In considering claimants' claims, the first thing that must be determined is the effect of the
settlement agreement dated January 21, 1998. The szttlement agreement expressly stated that it
was a substituted contract. "In the case of an accord and satisfaction, or substituted contract, the
original obligation is totally extinguished and the creditor's only rights and remedies are those
available under the new agreement. *** [W]hether a particular settlement or compromise
agreement is an accord and satisfaction *** is a question of intent ***." Savelich Logging Cr. v.
Preston Mill Co., 265 Or 456, 461,462 (1973). Here, not only did the settlement agreement
expressly state that it was a substituted contract,but the claimants understood at the time the parties
entered into the settlement agreement that any further claims would be based solely on the
settlement agreement. Therefore, claimants' rights in this matter and the scope of claimants' claim
Are defined solely by the settlement agreer,,ent of January 21, 1998.
That agreement required respondent to resolve issues 1-3 as set forth in Mr. NVokins'
December 1, 1997 letter. The first item in that letter was the functioning of the low point
crawlspace drain. This matter remains unresolved, with the city still requiring further corrections
on this issue. Therefore, respondent breached the parties' settlement agreement by failing to
resolve issue number 1 of Mr. Watkins' December 1, 1997 letter.
Respondent argued that it should not have been required to comply with this provision of
the settlement agreement, because the claim items involved were previously settled in claim
(number 106. Mr. Carey testified that the GCB investigator told him to go ahead and sign the
settlement agreement, and if any claim items had been resolved in the previous claim, those claim
LeGrady v. Afelodv Woods Home Corp., Claim No. 49601-107,page 3 of 5
items would be dismissed.' Assuming this to be true, I nevertheless find that this does not involve
the claim item which was previously resoly ,' in claim number 106. That claim item (Exhibit 35)
addressed flooding of the crawl space prior t .ccupancy, whereas this claim involves continued
entrance of water to the crawl space after occupancy. Claim 106 alleges water flow towards the
house due to improper grading and inspection. Item I of Mr. Watkins' letter addresses the flow of
water through the crawl space, not toward the house. The language of the settlement agreement in
claim number 106 does not suggest a global release but rather discharge of liability for "these
matters." Thereforc, I find that respondent's agreement to resolve issue number 1 in Mr. Watkins'
December 1, 1997 letter was not affected by the prior settlement of claim number 106.
Claimants submitted two estimates for proposed corrections. The first involved installing
perforated pipe covered with drain rock around the inside perimeter of the foundation. The second
involved a French drain encompassing the entire crawl space. Both proposals also included tying
the foundation drain to the storm sewer system. (Exhibits 30, C53). While I have no doubt that
one of these proposals would be the best and most effective, solution to the problem, both proposals
far exceed what is required by the city. The settlement agreement only requires respondent to
resolve the issues of code violations enumerated by the city. The agreement does not require
respondent to go beyond what'the city requires and provide the best possible solution. The
evidence demonstrated that the city only requires that respondent make the valve accessible, seal
of front drain, and prevent excessive pooling of water at the backwater valve/drain. Nowhere
was there any indication that the city would require a French drain or perforated drain pipe around
the inside perimeter of the foundation. Respondent offered evidence that the corrections required
by the city can be accomplished at a cost of 5245.00. Claimants did not provide evidence to the
contrary. Therefore, claimants are entitled to art award of$245.00 for this claim item.
The city considers item 2 (foundation vents ailow:ng surface water into the crawlspace,
insufficient slope at grade away from house) resolved. After research, the city discovered that the
county had required, and verified by inspection, adequate slope away from the house before
claimants took possession. Therefore, the city believes that any problems in slope away from the
house result from landscaping or other activities by claimants. The city is not requiring any
corrections from the contractor on this item. Because the settlement agreement required respondent
to resolve the listed items to the satisfactic,n of the city, and respondent has done so with regard to
this item, claimants are not entitled to any damages for this item.
Respondent diJ fix the problem of the live wires in the crawl space to the satisfaction of the
city. Claimants complain that their icing is not to code and that they did not receive what they
had contracted for in terms of electrical service. Nevertheless, thr settlement agreement only
required respondent to resolve the one electrical issue specified in Mr. Watkins' December 1, 1997
letter. Respondent has done so. Therefore, claimants are not entitled to any damages for this claim
item.
z Claimants did not recall hearing any such discussion, and the claims examiner did not testify.
However, if the: claims examiner did give this advice, it was erroneous. Respondent should not
have been encouraged to sign a settlement agreement to perform corrections for any work which
had been previously resolved.
LeGrady v. Melody Woods Home Corp., Claine No 49601-/07,page 4 of 5
ORDER
IT IS HEREBY ORDERED THAT: Respondent shall pay claimants $245.00.
Dated this da August. 1998
y of
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Claudia M. Burton, Administrative Law Judge
NOTICE OF REVIEW AND APPEAL RIGITFS
As provided in ORS 183.460, any party that disagrees with this Proposed and Final Order may file
written exceptions, lm�luding argument. If you choose to file exceptions, carefully follow the
instructions enclosed with this order. Mail your exceptions to the Construction Contractors Board
(CCB) at the address provided below CCB must receive written exceptions on or before the. 2151
day after this order was mailed to the parties at their last known address of record. ORS 701.080.
lj'CCB does riot receive your written exceptions on or before the 21" day after this order was so
mailed,your exceptions will not he considered.
If exceptions are timer received, CCB will send the opposing party a copy of the written
exceptions. At the same time, CCB will send both parties information and guidelines f�-r
participating in the exceptions process. Thereafter, the Construction Contractors Board's Appeal
Committee (Appeal Committee) will consider the exceptions at an Appeal Committee meeting.
This will not be a new hearing. The Appeal Committee will only review the original hearing
record and this order. The Appeal Committee will not consider evidence that was not a part of
the original hearing record.
If CCB does not time!},receive exception- this order will automatically become final. OAR 812-
004-0035(18).
If this order becomes final, you are entitled to judicial review pursuant to the provisions of
ORS 183.482. Within 60 days from the date that this order becomes final, you may request judicial
review by filing a Petition for Judicial Review with the Court of Appeals.
Mail any exceptions or a copy of any petition for judicial review to:
Construction Contractors Board
Hearings Section
700 Summer Street NE Suite 300
PO Box 14140
Salem, OR 97309-5052
LeGrady v. Mclod, Moods Home (-.'orp., Claim No. 49601-107, page 5 of 5
CERTIFICATE OF MAILING
On this date August 21, 1998, I mailed a copy of a Proposed and Final Older for Claim No.
49601-107
BY FIRST CLASS MAIL
49601-107
DOUG & LANY LEGRADY
16460 SW HOOPS COURT
TIGARD OR 97223
49601-107
MELODY WOODS HOME CORP
6607 SW GILLENWATER PL
BEAVERTON OR 97007
MICHAEL SAHAGIAN ATTY AT LAW
3895 SW 185TH AVE
ALOHA OR 97006
- r' 1z ILC 2?�' fes►'`
Hearings Section, Construction Contractors Hoard
Einuii
cc: DALE MORGAN, INVESTIGATOR
MARKEL
96026642
DEPARTMENT OF LAND USE &TRANSPORTATION
WASHINGTON LAND DEVELOPMENT SERVICES DIVISION #350.12
155 NOFTH FIRST, HILLSBORO, OR 97124
COUNTY, PHONE:502/640-3470
OREGON INSPEC-f1ON RE.QUESTS (24 hours): 503/681-3699 or 681-3E
Per-rnit # . 05080988 Pr ,sect # F :1159126 Status APPROVE1 ''A-;G 1
Appli4d Issued --!U3; : 5196 Ex_-ires . 12/3Q/ 1996 i/20/96 06 . 00
Composite Type , COMBOS Construction Typ<- Nf.,J
Permit Title : SFR - 4 BD 3 BA ATT GAR
Description : K E R R 0 N I S C'RE,�T 3 LCAT 45 Bayur, X5/ 17/1996
Addreca 16460 SW HOOD'S CT TI
Location
Location Detail : Rection
Owner Name ! P C DEVELOPMENT INC Phone : -
Applicant Name : MELODY WOODS HOMES Phone 649-5700
Contractor : MELODY WOODS HOMES Ck)RP Phone : 649-5700
Parcel : 291 OSCE 16300 ��jj�
~` Approval# : APPR Valuation: Apprc,ved4j �,,.-
Inspecor Comments : Reje,cte,3
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l^1d1 �f/ru�rrC' IVR--RE ULTS
- - -
REQUEST ERROR!
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: .
inspected bY: _ �j� Da e
Items requested tol.35e Inspected-------------- 16�1'.
-- .�------ -----�_�-------
Item# I-ng pt)(ection D �cription ksquesto
00299 P;� Final Plumbing AP DN IV
Comments :Requethru IVR
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,
10499 F'ina]. Electra cal
AF' DN IVR i
la/15/9F,. Inspect HS Action' N IVRS - Inspection
10106 :5— Fav< a# a. AP DN IVR
* ;; ,.07/1'0/96 InsLactor: RB Action-` PPR APPROVED
.,'07,'09/96 Inspector : RB Action: ri IVRS - Inspection
1420C Plumbing poet & 13eRm ; AP UN IVR '
, . PPP . •A1�j r ' .' ,� 4' R
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CONSTRUCT,ON CONTRACTORS BOARD
INVESTIGATION REPORT AND RECOMMENDAT IONS
Claim Number Date of Investigation Location
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Claimant LC, Q R.A-D 4-
Contractor Y
Persons Present
Paye _ of
cm hem
Number— Report a 1d Recommendation Cost
_ _ Estimate
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Claim items listed in the Statement of Claim have been resolved or are outside the scope of the Construction Contractors Board.
SE"TTLEMENT AGREEMENT
CONTRACTOR: [� rLAIMANT:
Ipg,,,eotoein work by _$A and complete the work by I egrae to c omply with, and permit the contractor to comply with, the
to comply with the recommendations contained in this recommendations contained in this report as settlement of this claim. I
rerstandthat I de not have to accept these understand that I do not have to accept these re^ommandationc or
recommendations or sign this s9ttlement agreement I understand that, sign this settlement agreement. I understand that, if I chnose to sign
if I choose to sign this agreement, I will be bound by it. this agreement, I will be bo nd by it.
Mt G>r!c*L1y 4/C7tdJ1 //L�ti.v,' tt,�',/� C"cif
Date Contractor / D Claiman
Date westigator,M ato
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915 070.32 IA. 71951
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Construction Contractors Board FOR OFFICE USE ONLY
PO Box 14140 CLAIM NUMBER:
Salem, OR 97309-5052 STATEMENT OF CLAIM
s. Person Making Complai it: _ 2. ComplaintAgainit:
Name �N �V6 Namc �ln CCB M
Company(if registered contractor) CCB 0Cormany
Mailing ddmss Mailing Address
SCJ _ C' u _
CilI, ^ Zips Ho a Phone City ,Zip ne(s
fflh�TT !�' Sm -3 2 3 _Y 700
3. Natnre of Cotnplaiot: (,yy 4. COUWSct: ❑Oral(Submit checks,invoices,ere.,to verify conoicaial
r Claim b Owner Written(Co)
Y Writtrn(Copy must be attached)
Claim by Owm,--f'omuuction Lien Filed tract pate Total Amount ofContrAmount mount Paid taDate
❑ Claim by Gcnc*atl Contractor against Sub. - s - � S rjyL_�p $
�` t(S
[J Claim by Subeontractnr against General Job AddressRa��idwtitl
❑ Claim by Frnployce Street 16VI60 50 _ ❑ C•am erciaUGidustnal
NOTE. If claim by material or equipment supplier,use Form city Stats Zip
No.915-070-Sb. T�� _ D 2 y 9X 2.3
What job was to be doo'under the contact(i.e.,build house,etc.))
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FOR OFFICE USE ONLY D-Je'Nork sward Dau Contractor Ce•--a work
'
,
Itegistruion Dates: Regis.Type: 11 you are unable to sotde this matin with the Occupancy Date
— Claim Type: comracwr,do you believe t"reasonable cost
Beg1F ad Daus of Bond Period of repair will exceed S1,000?tEd Yes ONO
Bonding Company Bond Nc,. Bond Amount S. ❑ Check this box if other claim(s)have been filed affecting thht
_
property (Claim
90-Day Period ❑ Check this box if this issu:has been submittrd to a oast or
arbitration for determination or resolution,and attach details.
No. �6. Briefly List Items of Complaint BY NUMBER:
P2(2-LEEEK)
Q Jrr7 Gcr" i4-q MC-17CAS
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fes( As MIlly
The foregoing is true,complete,and correct to the uev of my knowledge and belief. t(Attach additional sheers ofpaper ijneressary)
6! �XC1�SS t!brf�C2 �4T T�'�/1ANlf�a Xn� k�i'ICYJ64. D!F /S ����°a cY �.t�.9vs��W af'.
,� RETURN .,C 1 TO 'ONS UC ON CONTRACTORS BOARD
911Srlrname rpt ry t r/Od1 COPY of written contract mast ttae
— rnhlerot Irrtn,►I rr"NTRACTORS
Dale _
AND RECOMMENDATIONS
Claim NumberDate of Im.
Claimant 00
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,ntrac.tor n
Persons Present
[)6(-)c 1�Ar NY LECTK(AG� , Tom 04P y
Page of _
Claim It Report and Recommendation r Cost
Number Estimate
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E A O-A P Rty ()F AtG)
�f-M C1,-21J s em_ '1 b��•� 7`'" , �`�/',� __
r.laun iters: _ _ listed in the Statement of Claim have been resolved or are outside the scope of the C6nstruction Contractors Board.
SETTLEMENT AGREEMENT
CONTRACTOR. CLAIMANT•
I Aqrpe to begin work by _.L_1.L' 1 e and complete the work by 1 agree to comply with, and permit the contractor to comply with, the
to comply with the recommendations contained it, this recommendations contained in this report as settlement of this claim. 1
re ort. understand that I do not have to accept these understand that I do not have to accept these recommendations or
recommendations or sign this settlement agreement. I understand that, sign this settlement ar, eement. I understand that. it I choose to sign
if I chnose to sign this agreement. I pill be bound by it this agreement. I will be bound by it.
/t-/1 e D;t� lc�r•�1Jj /{1'r't�! ccwn j l
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Dale Contractor to _ -, --7
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915 070 32 .A?v 71951 • n'; (",'F 1_�F45 "M AnT
April 20, 1998 FILE
C
PY
Doug & Lany Legrady
16460 SW Hoops Cl,
Tigard, OR 97223
Re: Complaint at 16460 SW Hoops Ct. (CEO97-0014)
Desr Mr. & Mrs. Legrady,
Your initial complaint dated 10-17-97 was to address a non-functioning low point drain in your
crawlspace. Our first inspection revealed four items that had to be corrected by your contractor,
you, or by further investigation at the residence. These were 1) Non-functioning crawlspace
drain at front of house, 2) Grading at rear of home too flat and absence of wells around vents, 3)
Live electrical wiring on the ground in crawlspace, and 4)Absence of vapor barrier under the
flooring.
Item #1 has been addressed by the contractor's putting a secondary crawlspace drain at the rear
of the hr-rse and Mr. Legrady has been channeling the water in the crawlspace to that point.
This is what the contractor would have been required to do, had not Mr. Legrady dune it to drain
the water out of the crawlspace. The inspector noted on his second visit that the backwater
valve at the rear dra'n was u,der the footing and shGold be moved so it can be repaired. The
Inspector also re(Idested that the soil piled to within less that 18 inches of the floor joists be
flattened and that the vapor barrier on the t7round be restretched for proper cov3rage. The soil is
still wet and the vapor barrier is essential to prevent darnage to the floor system. Hopefully the
soil will drain and dry furihe;this summer. The front crawlspace drain has been reported by you
to be lower than is discharge point. Tile inspector did not witness flow of water into the
crawlspace on his visits to the home. If, in fact, �.he front drain has negative flow, please contact
your contractor to address the problem by sealing the drain at both the curb and the crawlspace.
Please let us know if this occurs.
Item #2 has been discarded as a complaint, given the records obtained from the Washington
County Building Department. At tinal inspection, a co;rection was written regarding the final
grading and later arproved. Our Inspector advised you on his first visit that protective welts
would help io pre)ent water;ntrusion at the foundation vents.
Item #3 has been addressed uv the contractor and is no longer ar. issue.
Item #4 was further Investigated by Mr. Legrady at our suggestion and he found that there was a
vapor barrier between the sub-floor and the flooring.
The or tstandrirg items to be dealt with are. Make the backwater valve at the rear crawlspace
drain accessible for repair(contractor), lower the grade in the crawrjpace to 18 inches or more
from the floor joists(owner), prevent water intrusion into the crawlspace through th front drain
(contractor) and foundation vents (owner), and prevent excessive pooling of water at the
backwater valve/drain (conrra^tor).
If you have questions or need assistance with this file, please call me at 639-4171.
Sincerely,
Darrel "Hap" Watkins
InspectOn Supervisor cc: Melody Woods Hones via Michael S",agian FAX 591-7122.
MICHAFL R. SAIIAGM
ATTOPNEV AT LAW
3895 S.W. 195TH AVENUE. :.UITE 120
ALOHA.OREGON 97007
FAX '503)591-7122
(503)642-5935
April 13 , 1998
Darrel Watkins
Inspection Supervisor
13125 S.W. Hall Blvd.
Tigard, OR 97223
RE: Investigation of
16140 S.W. Hoops Ct.
My client: Melody Words Homes
Dear Mr. Watkins:
I have received no Wrjtterl reply to my February 10, air d
February 24, 1998 letters to you (copies enclosed) . ks a result,
the C.C.B. has issued a $6,080.00 order against my client.
A letter from Vou verifying that Melody Woods Homes Corp.
hasesolved a issues��volat�ons" raised in your
investigation may avoid the need to have you testify at our
hearing. Please help resolve a matter that has gone on too long.
Very truly yours,
Michael R. Satogian
Attar. iey at Law
MRS/ds
Enclosures
cc: Tom Carey
Mar- 04-98 10 : 54A WESTERN WIRE 503 222 6843 P _01
Post-it`Fax Note 7671 DAIP r_ "O�►
.7 ,a'' payee
r f CAG-lu(,' _
Go./Dopi ��r �F Ti". cu
Phone F Phone a
CITY OF ficARD FA"" Foxe
BUILDING INSPECTION — "–
AT% HW WATKINS
DEAR Mk WAIKINS: ���✓ '7/
THIS I '7U kLCAP UUk LUNVERSAULN YLS'IERVAY ON 15SlIEC p G
LVt''EANING THE REAR LUN POINT DRAIN
4 1HE VALVE IS LOCATED LfakNEATH THE FUUIING AND 15 NUI
ALasSIPLE. OR SERV1lAR AS NO(ED IN PREVILXIS I/l�
INS'VELIIUN REPUR1.
F 1H1S DRAIN DISNCRktlb NATER UNTO NEIb1•I6UKIN6 LUl AND
YOU EARLIt'R STATED THAr You WOULD Nllf AF' WVE !Hr:.
ESPECIAL.I.V IN 1HE LI0fT IHA1 SUMS OF IHR WAlEF. V
r10 ►+t rKUM ThE UUffLR VUWN 8WUIU.
i IH1S REAR L(jCP'i TUN LAN 9JWOR1 Lkf*L SVACE DkAINAR PU1
I5 NO( IU & IN LIEU Of ThE URIUINAL ERUNT LOCATIUIf
1HA1 WAS SALI[IED BY 1HE BUILDEk. ETL., AS l+R YLIUR
PNEVIWS SfArEMENTy, 1C.-THE fAONf LW PAIN( MUST 9
F141C11ONAL.°AND "WRIER LAN'1 bE LEFI STANDING kktF WAY
U0 ON ;& VALVE."
PLLA% KELP IN MIND 1HA'I NUTH1Nf, HAS BEEN DUNE 10 kFMLDY SHE
;'PUNEM. NUR OIO iO CWkEY ATfEMVf TO TINE 'l UH UURRECI ThE
i;bUVk ]SSUES SIM* YOUR FIRST Ckk1lF1ED tFIEP$ WLRL MAILED
TO 41M.
THAW YOU HEAIN FUR YUIJN AT1ENiIUN iU 1!iESE MAITLkS.
;ERY T ILY YOUR ,
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CONS ON CONTRACTORS BOARD SED
INVES N REPORT AND RECOMMENDATIONS
1/ J#
_
Claim Number Date of Investiga'on Lombon
49601 147 1 �. ►,�- m
_a=--_-••• �'•,• 16400-SVv Hods Q-t Tim rDR
Claimant: T_Opu�ane LanY LeGrac*y_— —
Res n4-en _Melody Woods _---
Present _—_--
Clalmant(s): Doug and Lany LeGrady
Respavient(s): "rom car"
Others: Dan Seept.rqer, Day PlunlNng Co.
Page_( of
Claim Itrm — '--- —!
Mxroa Report and RFmmmendation Cost
- - Estimate
The DartleS have mutually agovrir>g
reed to resolve this claim in the foll _manner- __-
1,8,4 The respondent will resolve the Issues of violations that have hewn raised in the investigation —
report done by the City of llgard, Inspection Supervisor Darrel Waddris, regarding these Items.
Re items_ l,z and 3. Item #4 is not an issue.
2,5,11, The respondent will pay the claimants on this date, $4S6.00 -the satisfy the plumbing issues as
�12 well as the debris In OW gutters from construction,
Tl,e parties also agree that this is a substituted contract and any monetary damages sought -
du-! to a breach of contract, through no fault of the claimant, will be baitd only on tris
a n�ment.
Claim items _3 4,6,L1Q_ listed In the Statement of Claim have been res4er d or are outside the scope of the
Constnictlon Contractors board.
SETTLEMENT AGREEMENT
RESPONDENT: CLAIMANT:
I agree m begin work by �1LZ1/9$ and complete the work I agree to comply with, and permit the respondent to comply with,
Oil or before _ 2(,1(4B to comply with the the recommendations contained In this report as settlement of this
Txmmendations contained in this repcM. I understand that claim. 1 understand that I do not have to accept these
I do not have to accept the'sp recommendations or sign this rerommendAtions or sign this settlement agreement. I understand
setdemerrt agreement. I understand that, if I cho" to sign that, if I choose to sign this agm_ement, I will be bound by it,
this agreement, I will be gond th'it
Respondent Date
L./
t;a Dale Morgan, lnvestir]ator%Mediatot
10 ' d l s� a ��? FOS LiIM NNAIsAM dtZ = TO SS-ZO-ApW
FEB 27 19e 12:49 BAP.BS POSTAL PLUS TIGARD+OR 503 590 y734 TO-. 503 6e4 7297 P02
2-27-1998
Construction Contractors Board
Attn: Enid Osburn
Re: Claim 149601-107
LeGrady vs Tan Carey/Melody Woods homes
Dear Enid Osburn:
In reference to the above claim, an erroneous letter was sent. from Toni Carey's
attorney, Mr. Sahagian. It expresses that a resolution has been reached
regarding the issues of code violations with the City of Tigard. Please be
advised that an inspection by Rick P,-Ien, City of Tigard building inspector,
did NOT pass the itcns in question. The report of 2/6/98 (enclosed)
addresses the issues and the electrical is not to code, nor did t
Tom Carey, or his designate, try to remedy the flooding in the crawl space
before or after 2/6/98.
Again, please let np reiterate that this claim is NOT to be closed and the
issues are NOT in compliance. The repairs were to have been completed by
2/21/98 as per our settlement agreement. Tan Carey has defaulted by inaction
and estimates for repair by qualified contractors are enrout.e to you.
Please call ine at 503-524-3231 if you have any questions.
Thank you.
Sincerely,
boualas Wrady
16460 SW Hoops Court
Tigard, OR 97223
MICHAEL R. SAHAGM
AT17ORNEV .'.T LAW
3895 S.W. 185TH AVENUE, SUITE 120
ALOHA.OREGON 97007
FAX(503)591-7122
(503) 'j42-5935
February 24 , 1998
Darrel "Hap" Watkins
Inspection Supervisor
13125 S.W. Hall Blvd.
Tigard, OR 97223
RE: 16140 S.W. Hoops Ct. , Tigard, OR.
My client: Melody Woods Homes
Dear Mr. Watkins:
I received your message this date that the above referenced home
has pas
gd all ingp tigns. The reason I am bothering you for a
letter is due to the fact that the C.C.B. had a requirement that all
work had to be completed by Lebruary_ -, 1998.
We want to be able to assure the C.C.B. ank, the owners of the
home that we are in full compliance.
Very truly yours,
7
ian
Michael. R Saha g
Attorney at Law
MRS/ds
cc: Melody Woods Homes
Doug & Lany LeGrady
Construction Contractors Board
MICHAEL R. SAHAGIAN
ATTORNEY AT U.W
3895 S.W. 185TH AVENUE. SUITE 120
ALOHA.OREGON 97007
FAX(503)591-7122
(503) 542-593:5
February 10, 1998
Darrel "Hap" Watkins
Inspection Supervisor
13125 S.W. Hall Blvd.
Tigard, OR 97223
RE: Investigation of
16140 S.W. Hoops Court
My client: Melody Woods Homes
Dear Mr. Watkins:
Thank you for faxing me your letter dated November 12 , 1997.
I understand all four problems listed in that :Letter have been
satisfied. Please advise in writing that the City of Tigard is
satisfied; and, will have no further involvement in this matter.
Very truly yours,
z l2e-
Michael R. Sahag' n
Attorney at Law
MRS/ds
cc: Tom Carey
C I ry o r
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CONS ON CONTRACTORS BOARD r OSB
INVE N REPORT AND RECOMMENDATIONS
Claim Number Date o1 Investigation Location
_ 49601__107t�ca�ra�4.3A4;z._ 164ti0 Sw HoQs-sR, Tigard OR,,
Claimant:__ _ Do!jg and Lany Led ad y_!.!___ _ --•------. _—
ReSQondenk: _Metpdy Woods H�Dme_ Corp---_�_._____ _� __�- -- --•--- ----
Prtsent:
Claimant(s): Doug and Lany LeGrady
RPspondent(s): Tom Carey
Other-5 Dan SeepMer,Day Plumbing Co.
Page of
o"^'i'r" �~ Report and Recommendation Cmc
�— The aarties have mutvalty agreed W resolve this claim in the following manner:
1,8,9 The respondent will resolve the Issues of violations that have been raised In the investigation
report done by the City of Tigard, Inspection Supervisor Darrel Waticins, regarding thew Rents.
Retort items _#_1,2_and 3.- Item #4 isnot an Issue.
2,5,11, The respondent will pay the claimants an this date, $450.00 to satisfy the plumbing issues as
12well as Use debris In the clutters from construction.
The parties also agree that this Is a substituted contract and any monetary damages sought
due to a breach of contract, through no fault of the claimant, will be based only on flus
a rerment.
Claim items - 1� listed In tip! Statement of Claim hava been resolved or are outside the scope of the
�4.6.7
Construction Contractors Board.
SETTLEMENT AGREEMENT
RESPONDENT: CLAIMANT:
I agree to begin work by _"JIM– and complete the Work I agree to comply with, and permit the respondent to comply with,
on or before _.2L2V9-6— to comply with the the recommendations contained In this report as settlement of this
recommendations contained in this report. I understand that claim. I understand that I do riot have to accept these
I do not have to accept these recommendations or sign this recommendations or sign this Settlement agreement. I understand
settlement agreement. I understand that, If I choose to sign that, if I choose to sign this agreement, I will be bound by it.
this agreement, 1 will be. bound by it.
Date Respondent Uate Claimant
u� Dale Morgan, Investigator%Mediator
ZO ' d £b539 Zze £OS ANIM NHAJS�JM dZt = SO 86- 2Z-URP
,
Construction Contractors Board FOR OFFICE USE ONLY
PO Box 14140 CLAIM NUMBER:
Salem,OR 97-,09-6052 STATEMENT OF CLAIM
1, Person MakingComplainC 2. CoroplaiotAgainst:
Name Name _ CCB Y
Companv(if registered contratar)r CCB it✓ Company
Mailing Addrcis Mailing Ad4mss
City_ � Home Phone City - � Zip Phone(s)
7 1Zip ) 3-i h/ Syi UD
Work Phone d, Contract: Oral Submit checks,invoices,etc.,to verify eonaactual
3. Nafurt•ofC.otnplaiot: _ //�/•. �/.?nvc ❑ ( fY
relationship)
Chun by C�Aner JR41Wrinen(Cop),must be amwhcd)
Claim by Owner—Cownruction Licn Filed Contract Dau Total Anwunt of Contract Amount Paid to Date
[] Clam by General Cnntraaar against So!• iJ s , __
❑ Clain by Sabcontraswr against General Job Address 10/x „7// , .f-;• ,w I er
ResidrnrW
❑ Claus by Employee street t:,'/( 67 j ►✓ /�', ' ';'1 r/ CutrunciesalAnduarial
NOTT ifcl=m bv material or equipment supplier,use Form C'� - Stan — Zip
Whit InY was to be done und!r the cgntract(i r. ,build house,ete.)7
i
- — /1, /i�c c 71T) r� / t �
FOR OFFICE USE ONLY Due Wotic Stmud Dale ContractorCecscd Work
—' P — -.
Rer.iravion Uates Regis "f yIe 1f you arr tenable to senlc this mailer with the Occupancy Date
Claim Type. contraLtnr do you believe the remonahle cost
RegAnd Datcs of Rond Period of repair will exceed T 1,000'? ]Yes ❑ No
Banding Compen) Bond No Bond Amount S m Check this bo:ii other claim(s)have been filed afTccung dtis
property (Claim No,($)_ '� ' c�
94 Div period ❑ Check this box If this issue has been submioed to a court or
arbitration for determinauion or resolution,and attach details.
No. 6, Briefly List Items of Complaint BY NUMBER:
1
O(A) -Pr i h r OCA A c r- fixra�ui tr[- f (�_./'�N L �n�`� say tri z /ret 0 _IL__LZrI
(. Sf 9 u4 a_ Co (r
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r Ta I ZuS'i / 1 L QV_(f"1�1�_2cY_�P lot' k1(tc _Sim x'
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T-W- TO
o _r )/ )Vc)PVLy AhD Of(ri 06JPP14 02011 st Dirt- / Y ONIU
Thr loteg ting is true.ccmpletc,and correct to the best of my know ledge and belief. (Attach additional sheers ojpape•rjne•cessa!v)(6Nr
l /
Cate ��'.Z� y / _ �— . Signa-urt _
RETtWI ALL 011F.S TO CO -TR 'T10N CONTRACTORS ROARi)
vI5.070-Ser Cnpy of written contract must to cued.
oma lm.mm�fRly 1 I/941
V0 cl F:bIR9 Z77 £05 71NIM NH1114_;304 AVi : cif) k36- Z7-1J"(-
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VO i t, air r s:(), l2lt r1 n+: I_SAM AE: t = q0 BG-
.December 1, 1977
CITY OF TIGARD
Melody Wood Homes QREGOPI
Attn: "'om Carey
5607 SW Gillenwater PI
Beaverton, OR 97007
Re. Investigation of 16460 SW Hoops Ct
Dear Mr. Carey,
A complaint was submitted to this department by Mr & Mrs Leorady concerning a
non-functioning low point drain in the crawlspace at the above address. It is also
alleged that the foundation vent(s) is allowing surf Ace water to flow into the
crawlspace.
Rick Bolen, building inspector, was assigned the investigation inspection which
resulted in the following list of code violations:
1.) The low point (crawlspace) drain does not function on the street side of
the 'louse. Suspect lack of slope between inlet and outlet of the drain is not
sufficient for flow. The crawlspace is too flat for the water to run to the drain that was
placed in the back of the house.(which seems to function)
2.) Some foundation vents are allowing some surface water flow into the
crawlspace. Insufficient slope at grade away from houFe, no protective wells around
the vents that are at or below grade.
3.) There is a live 120 volt wire on the ground in the crawlspace that was not
properly terminated in a junction box. Another 240 volt wire is on the ground.
4.) The hardwood flooring is warped in places. Inspection at the floor vents
did not reveal a vapor barrier between the 2x6 car decking and the finish flooring as
required (see attached interpretive ruling 93-78)
Please respond to this office by December 15, 1997 concerning your plans to correct
the above vic4ations. Failure to respond will result in further legal actions.
If I can be of assistance or answer questions, call me at 639-4171 ext 416.
S' cerely
Darrel "H p" Watkins
Inspection Supervisor
cc: Doug and Lany Legradv
1,1125 SW Hall filed., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 -- — -- --
ORFGOIN
Interpretive Ruling No. 93-78
FLOOR VAPOR PARRIER INSTALLATION
REQUESTED BY: PPPI Manual Review Co�nimittee
QUESTION: interpretation of acceptable vapor barriers in floors. Four figures are presented, %krith
a request that each be addressed. These figures are attached.
APPLICABLE CODE SE(TIONS: 1993 Oregon Structural Specialty Code(OSSC),Section 5303(04
and One and Two Family Dwelling Specialty Code (Dwelling Code), Section 5303(f)4.
BACKGROUND: Figure 1 utilizes the plywood subfloor as the vapor barrier. Nearly all plywood
used for sobfloors is made with exterior grade glue. Two layers or more of exterior grade plywood
clue will nice the LO perm rating requirement. Other structural material such as oriented strand
board may have a perm rating of 1.0 or less. Unfaced insulation may be used.
Figure 2 has separate sheeting, material ins.cdled between the :wood decking subfloor and
underlayrnent. Unfaced insulation may be used.
Figure 3 has a vapor barrier as an integral part of the insulatic r as kraft, foil or vinyl facing. Using
the stapling flange to keep the insulation in place, either inset or face-stapled, is not acceptable.
The vapor barrier in Figure 4 is sheeting that is either placed on top of the beams or joists, or in
between them on top of the insulation, in MlLd-t with both the subfloor and insulation.
Use of faced (vapor barrier) insulation is also acceptable in Figures 1, 2 arid 4 but considered
unnecessary.
FINDINGS: This interpretation is authorized by ORS 455.060, Rulings on Accept,-bility"of
Materials, Designs or Methods of Construction and Attorney General's Opinion OP-5208 issued
October 1, 1981, which advised the statute permits authoritative interpretations of existing code
requirements.
DISCUSSION & CONCLUSION: The Structural Code Advisory Board rules Figures 1 through 4
are acceptable alternate methods. All four figures (1, 2, 3 and 4) comply with Section 5303(04
requirements. The vapor barrier must have a peen rating of 1.0 and be installed on the warm side
(in the winter) of the insulation. The barrier can be a separate component or attached to the
insulation. Hoor insulation must kept in place with adequate supports. Interpretive Ruling 93-78
replaces PPPI-4071.
/John Talbott, Chairman Date
Structural Code Advisory Board
Ther o
nendations and findirrns of the Stru,.nrral Code Advisory Board are accepted and the
cocl si a
ns re ad ted.
G
—1ary ick , Ad linistrator^ Date
Building ( ides )ivision
INTERPRETIVE RULING NO. 93-78
Heated Side(in winter)
Figure #9
Vapor barrier is the glue-line in the
plywood (2 or more larninations
using exterior grade glue). Unfaced
insulation may be used.
Unconditioned Side
Figure #2 He,ated Side(in winter)
Subfloor is 2x wood material A
1 perm vapor barrier sheeting is
installed continous between the
subfloor and underlayment. Un-
faced insulation may be used. Unconditioned Side
Figure #3 �k2te!S�Ye'(in ranter)
r
Vapor barrier is an integral part of
insulation (kraft,foil or vinyl faced).
Stapling flange is at the sides of r
beams or joists. Insulation is
supported unr'r:rneath. The insulation
cannot be held in place by stapling Uncondt;onedSide
only.
Heated Side(in winter)
Figure #4
Vapor barrier is a 1 perm rated
continuous sheeting material. It is
installed on top of the beamsloists.
Unfaced insulation may be used.
Uncnnddioned Side
1�
November 12, 1977
i
Melody Wood Homes
Attn: Tom Carey
6607 SW Gillenwater PI
Beaverton, OR 97007
Re: Investigation of 16460 SW Hoops Ct
Dear Mr. Carey,
A complaint was submitted to this department by Mr $ Mrs Legrady concerning a
non-functioning low point drain in the crawlspace at the above address. It is also
alleged that the foundation vent(s) is allowing surface water to flow into the
crawlspace.
Rick Bolen, building inspector, was assigned the investigation inspection which
resilted in the following list of code violations:
1.) The low point (crawlspace) drain does not function on the street side of
the house. Suspect lack of slope between inlet and outlet of the drain is not
sufficient for flow. The crawlspace is too flat for the water to rur, to the drain that was
placed in the back of the house.(which seems to function)
2.) Some foundation vents are allowing some surface water flow into the
crawlspace. InSLIfficient slope at grade away from house, no protective wells around
the vents that are at or below grade.
3.) There is a live 120 volt wire on the ground in the crawlspace that was not
properly terminated in a junction box. Another 240 volt wire is on the ground.
4.) The hardwood flooring is warped in places. Inspection at the floor vents
did not reveal a vapor barrier between the 2x6 car decking and the finish flooring as
required (see attached interpretive ruling 93-78)
Please respond to this office by November 2.6, 1997 concerning your plans to correct
the above violations. Failure to respond will result in further legal actions.
If I can be of assistance or answer questions, call me at 639-4171 ext 416.
Sincerely,
Darrel "Hap" Watkins Post-It/Fax Note 7671 °a�"�_6-4' Paso,
Inspection Supervisor T.,X' a i From N S.
co.meui 1 Co
CC' Doug and Lany Legrady Phone M Phone N & 54 _����
Fax N f'i1/ 7/.;?