WELLINGTON SUBDIVISION PROPERY OWNERS ASSOCIATIION, INC.
GROUNDS MAINTENANCE agreement
This Agreement entered into this ____ day of __________, 2009 by and between the Wellington Subdivision Property Owners’ Association, Inc. (hereinafter “the Association”) and _______________________________________________, a landscaping and maintenance contractor (hereinafter “Contractor”) is as follows:
1. General Requirements
1.1. Safety
Contractor will conduct work in a safe and professional manner, the safety of the community members being the most important priority. Grounds workers employed by Contractor will wear appropriate protective equipment to prevent injury.
Contractor is responsible for knowing and complying with all federal, state, and local laws and regulations.
Contractor agrees to work to a high standard of excellence and to keep the subdivision neat and orderly. Workers for Contractor shall behave professionally and perform in a workmanlike manner. The Contractor agrees to supply all labor, materials and equipment necessary to complete the duties outlined in this Agreement.
Contractor agrees to work only between the hours of 8:00 am and 7:00 pm.
The term of this Agreement is three years, and neither party shall terminate its obligations under the Agreement before the expiration of such term, except in the case of a breach of the provisions hereof. The Association retains the right to unilaterally determine whether the provisions of this Agreement have been breached.
Contractor agrees to charge, and the Association agrees to pay a fee of no more than $________ per month for performances of services described herein. Unless otherwise stated in the Agreement, the cost of all materials, labor, supplies, parts, and other items used by Contractor in the performance of the services specified in this Agreement shall be borne by the Contractor unless the Association specifically agrees otherwise.
Contractor shall direct its communications and correspondence to the Association to such officer or officers as the Association may appoint and make known to the Contractor. Contractor agrees that it will not act under the authority of other officers or members of the Association except those so appointed.
2. Care and Maintenance of
Entrance to Subdivision
2.1. Mowing
Contractor shall, at least once weekly during the growing season, mow grass in the subdivision front entrance regularly back to the tree line and maintain such grass between 3 and 6 inches in height. Contractor shall properly dispose of all grass and plant trimmings.
Contractor shall, at least once weekly during the growing season, edge the lawn in the subdivision front entrance along the roadside and islands.
2.3. Fertilizer
Contractor shall, at least five times per year, apply appropriate fertilizer to the subdivision front entrance to maintain a healthy lawn.
Contractor shall keep the lawn and island areas weed-free.
Contractor shall plant spring and fall flowers each year.
Contractor shall regularly trim trees, shrubs, and flowers as required to keep such plants healthy and neatly maintained.
Contractor shall nurture and restore plants in bad health or, if such plants cannot be restored to health, replace the same within two months. Contractor shall immediately replace dead plants costing $25 or less and shall replace dead plants costing more than $25 only with the approval of the Association. The purchase price of replacement plants shall be borne by the Association.
Contractor shall place not less than 200 bushels per year of pine straw on the front entrance islands and shall spread such pine straw at least twice yearly.
Contractor shall regularly inspect and maintain the front entrance irrigation system and shall timely inform the Association of the need for replacement parts or additions to the irrigation system. The Association shall bear the cost of replacement parts to the system, provided it first approves such expense.
Contractor shall regularly inspect and maintain the front entrance lighting system and shall timely inform the Association of the need for replacement parts or additions to the system. The Association shall bear the cost of replacement parts to the system, provided it first approves such expense.
3. Care and Maintenance of
Common Areas, Vacant Lots, etc.
Contractor shall pick up and dispose of all debris, litter, and plant clippings that may accumulate in the common areas, roadways, and vacant lots of the subdivision, to include the front entrance.
Contractor shall mow grass on any vacant lots in the Subdivision when needed to maintain a height of no greater than eight inches.
4. Miscellaneous Provisions
4.1. Captions
Captions and section headings of the various sections and paragraphs of this Agreement are for reference purposes only and neither govern the Parties hereto nor may be used by the Parties in any court or forum in the interpretation of the provisions of this Agreement.
This Agreement and all writings made pursuant to it by the Parties shall be subject to correction for clerical or mathematical errors, and Contractor agrees that such errors shall not constitute a waiver by the Association of Contractor’s duties herein.
This Agreement shall not be assignable without the consent of both Parties.
Except as expressly provided herein, his Agreement shall not be specifically enforceable by either party; nor shall any injunction be applied for or issued at the instigation of either party in case of dispute or alleged breach of this Agreement, and the injured party shall have only a right to damages.
It is understood and agreed by the Parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the contract did not contain the particular part, term, or provision held to be invalid.
It is mutually understood and agreed that this contract shall be governed by the laws of the State of
The Association is not responsible for harm to persons or the property of Contractor or its employees or assigns due to any latent or patent defect or condition upon the premises of the Subdivision, its entrance, common areas, roads, or lots.
The Association specifically disclaims liability for breach of this Agreement caused by acts of God, natural disasters, war, or acts of government or other public authority.
This writing and the documents to which it refers constitute the entire and integrated Agreement between the Association and the Contractor pertaining to the subject matter herein, and the same supersedes all prior understandings and agreements, either written or oral between the Parties regarding such subject matter. The Association shall not be liable for representations made by any of its representatives or agents prior to execution of this Agreement, unless such representations are expressly stated herein. Except as otherwise expressly provided herein, this Agreement may only be amended by written instrument signed by both the Association and Contractor and executed after the date of this Agreement.
In witness whereof, the parties hereto have executed this Agreement as of the day and year first above written.
_______________________ _______________________
Signature Signature
_______________________ _______________________
Printed name Printed name
President,
Property Owners Association, Inc. for Contractor
