Fill and Sign the Agreement Fill Form

Landscaping Agreement to Cut and Remove Foliage, Fill-in Erosion and Related Matters Agreement made on the ______________ (date) , between __________________ (Name of Owner) of ___________________________________________________________ _________________ (street address, city, county, state, zip code) , referred to herein as Owner , and ________________________ (Name of Contractor) , of _____________________ ________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Contractor . For and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: For valuable consideration the parties hereby agree as follows: 1. Scope of Work Contractor shall provide all labor and materials, and perform all work necessary to cut and remove foliage, build a barrier, and fill-in erosion with gravel where needed at the Work Site hereinafter described (the Project ). 2. Work Site The Project shall occur on the property of Owner located at _______________________ _______________________________________________________ (street address, city, county, state, zip code) , hereafter called the Work Site. Owner hereby authorizes Contractor to commence and complete the necessary work described in Paragraph 1 as may be required in the judgment of the Contractor to complete the Project. 3. Time of Completion Contractor shall commence the work to be performed under this Contract on or before __________________ (date) and shall substantially complete the work on or before __________________ (date) . Contractor shall not be liable for any delay due to circumstances beyond its control including bad weather, strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. Permits Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price. 5. Insurance Contractor shall maintain general liability, workers compensation and builder's risk insurance. 6. Survey and Title If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 7. Changes to Scope of Work Owner may make changes to the scope of the work from time to time during the Project. However, any such change or modification shall only be made by written Change Order signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 8. Compensation Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $__________for performing the services set forth in the scope of the work. Contractor shall be paid as follows: (set forth dates and amounts of payments) _______________________ ___________________________________________________________________________ . OR Owner agrees to pay Contractor the sum of $___________ for performing the services set forth in the scope of the Work. Contractor shall be paid as follows: (set forth dates and amounts of payments) ________________________________________________________ ___________________________________________________________________________. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 9. Late Payment and/or Default A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of ______% of all payments that are more than ten (10) days late plus interest at the rate of ______% per month. 10. Destruction and Damage If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds _____ percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 11. Performance A. Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. B. All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. 12. Warranty Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within (e.g., one year) _________ ____________ from the date hereof. All said defects arising after such date and defects in material are not warranted by Contractor. 13. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 14. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________. 16. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 17. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 18. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 21. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 22. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (P rinted name) (P rinted name) ________________________ _________________________ (Signature of Contractor) (Signature of Owner) License No. ______________