Groundskeeping contract

Renewing our groundskeeping contract is long overdue. For years now, Brent Burdick's company has been performing an outstanding job under the terms of our old contract, which I recently discovered is expired. 

I have copied the old contract and revised it with a legal eye. It's about up to the best I'm going to get it for non-paying work. The contract follows, and I encourage comment as to any additional requirements members would like to see of Brent's company or of whomever is awarded the new contract. 

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.

 1.2. Regulations

Contractor is responsible for knowing and complying with all federal, state, and local laws and regulations.

 1.3. Workmanship

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.

 1.4. Schedule

Contractor agrees to work only between the hours of 8:00 am and 7:00 pm.

 1.5. Duration

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.

 1.5. Cost

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.

 1.6. Communication with the Association

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.

 2.2. Edging

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.

 2.4. Weeding

Contractor shall keep the lawn and island areas weed-free.

 2.5. Planting

Contractor shall plant spring and fall flowers each year.

 2.6. Trimming

Contractor shall regularly trim trees, shrubs, and flowers as required to keep such plants healthy and neatly maintained.

 2.7. Plant Health

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.

 2.8. Pine Straw

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.

 2.9. Irrigation System

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.

 2.10. Lighting.

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.

 3.1. Litter and Debris

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.

 3.2. Vacant Lots

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.

 4.2. Clerical errors

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.

 4.3. Assignment

This Agreement shall not be assignable without the consent of both Parties.

 4.4. Bar of equitable remedies

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.

 4.5. Severability

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.

 4.6. Governing law

It is mutually understood and agreed that this contract shall be governed by the laws of the State of Georgia, both as to interpretation and performance.

 4.7. Premises liability

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.

 4.8. Breach due to unforeseen circumstances

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.

 4.9. Entire agreement

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, Wellington Subdivision                                              Authorized Representative

Property Owners Association, Inc.                                            for Contractor                         

 

 

 

Newsletter February 7, 2009

Posted below is the February 7, 2009 newsletter. Click on each smaller image to pull up a full page on your browser.

 

Proposed Amendments to By-Laws for Vote at February 28, 2009 Meeting

Posted below are the proposed amendments to the Wellington By-Laws to be put up to a vote of the subdivision at its February 28, 2009 annual meeting. Proposed changes are highlighted in yellow. Click on each image to display a larger page. 

The changes are intended to 

• Correct grammatical mistakes and clean up the by-laws
• Reflect the fact that the subdivisions has been incorporated, and
• Provide for a system of fines for enforcing covenants. 
  

Subdivision has been incorporated

[Click on image to see large certificate]

Pursuant to a vote taken at the mid-year meeting, the Board of Directors has now incorporated Wellington Subdivision.

This step was taken in order to avail ourselves of the 1994 amendments to Georgia law allowing, among other things, for subdivisions to summarily assess liens. It also clarifies our organizational structure and helps avoid the possibility of liability on the part of officers.

(One good example: a child breaks his leg climbing on the sign in front of the subdivision. Now, we are only liable to the extent of our corporate assets. That is, unless - say - the President maliciously pushed the child off the sign.)

Wellington Property Owners' Association Newsletter - July 23, 2008

Vote to install sod
At our mid-year meeting, the homeowners voted to authorize the Board of Directors to install sod at the entrance to the subdivision.

Budgetary constraints
We have now done so, but budgetary prudence dictated that we not spend the sum of $3900 that was discussed at the meeting. This was the amount required to extend all of our existing lawn forward to the highway.

Instead of waiting for two years for the full $3900 to accumulate, the Board decided to install what sod we could afford at this time. This way, we could avoid the problem of having funds sit unused in our account and at the same time begin beautifying the entrance sooner rather than later.

The present sod at the entrance is the result of these efforts.

Special thanks to Brent Burdick and Lee Bailey, who put a great deal of time and labor into the sod’s installation.

Points to keep in mind
Please keep in mind two points as you view the new sod.

First, the rough look of the grass should fade away relatively soon. The Zoysia will begin to take root and grow quickly as we keep steady water on it. In short order, the lawn should look as lush as our existing landscaping.

Second, the bare area where existing wild grasses were stripped away will gradually return to its natural state. Some homeowners have already mentioned that the bare area is unsightly right now, which may be the case, but it should be green again before the summer is out.

Should, however, we find after a few weeks’ growth that the bare areas need further sprucing up, the Board is prepared to consider moving funds around for potential additional plantings. Some homeowners have suggested that we vote to pass an interim assessment of, for example, $30 per lot and use those funds to sod over the bare spots. Certainly, if the areas remain unsightly for more than a couple of months, we can entertain that option as well.

Overview of Our Covenants

What are the covenants?

Generally speaking, Georgia law makes homeowners' association covenants binding and enforceable in court (See the Official Code of Georgia, Section 44-3-223).
Covenants affected the original property deeds to our respective lots and bind all subsequent deeds. In a sense, when Wellington was created, Spinks, Brown & Durand did not deed us full property rights but merely the right to do anything with our property except those things restricted by the deed covenants.

Overview of our covenants

Many subdivisions have intensely detailed covenants that regulate down to the very minutia of neighborhood life. Fortunately, ours aren't like that. What follows is a "bullet-point" summary of the covenants and is not intended to be an exhaustive description of each:

• [1] Lot lines: Lots are to remain as drawn, and lots may not be further subdivided.
• [2a] Single-family homes: Lots may only be used for single-family homes not to exceed 2 ½ stories in front elevation.
• [2b] Mobile structures: No mobile homes or temporary structures may be erected on any lot.
• [2c] Home size: Homes must be at least 1,500 heated square feet.
• [2d] Building setback lines: Structures may not be erected outside of a "set-back" line on each lot, which is shown on the subdivision plat.
• [2e] Outbuildings: Sheds and outbuildings must be on the rear of a lot.
• [2f] Mailboxes: Mailboxes must be of uniform design
• [2g] Fences and walls: Plans for fences and walls must be approved by the architecture committee.
• [2h] Pools: Swimming pools should be fenced in.
• [2i] Aerials: Antennas are not allowed. Satellite dishes must be approved by the architecture committee.
• [2j] Garages: Garages may not face the street unless they have garage doors.
• [2k] Driveways: Must be at least 9 feet wide and paved with concrete.
• [2l] Sheds: No metal utility buildings. Utility buildings must be in the rear of each lot. Designs must be approved by the architecture committee.
• [2m] Landscaping: Must be tastefully maintained. A "tree buffer" is contemplated in this covenant but so poorly described that the covenant is difficult of interpretation.
• [3a] Nuisances or noxious activities are prohibited.
• [3b] Signs are not permitted on lots, other than a small "for sale" sign.
• [3c] Unsightly hobbies may not be pursued, including the assembly of motor vehicles.
• [3c] Regular parking of vehicles on the street is prohibited
• [3d] Construction: Lots shall be kept clean during construction
• [3e] Pets may not include commercial livestock and must be leashed or confined to lots.
• [3e] Livestock fencing is not permitted, except when around dog pens of certain description and subject to approval
• [3f] Rubbish dumping is not permitted on any lot. Trash bins etc. are to be kept clean and out of sight.
• [4] Occupation. Only finished houses may be occupied.
• [5] Easements may not be granted over any lot.
• [6] Architectural Control Committee: Provisions for this committee are set forth.
• [7] Property Owners' Association: Provisions for the Association are set forth
• [8] Interpretation and enforcement: Provisions regarding interpretation and enforcement of the covenants are set forth.
  

On-line covenants

Below are the Wellington Subdivision Covenants. Click on each page for a larger view.