Fill and Sign the Landscape Fabric Form

LANDSCAPING CONTRACT THIS LANDSCAPING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and , having an address at ("Owner"). 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 for the completion of the residence, structure, or improvements as described in the drawing s and specifications signed by both Owner and Contractor (“Project”) and more particularly described as Such drawings and specifications are hereby made a part of this Contract. Drawings and specifications shall contain a scale dra wing showing the shape, size, and dimensions of the construction and equipment together with a description of the work to be done, materials to be used, and the equipment to be used or installed. PLANTS TREES TYPE SIZE QUANTITY AMOUNT SHRUBS TYPE SIZE QUANTITY AMOUNT FLOWERING PLANTS TYPE SIZE QUANTITY AMOUNT MATERIAL QUANTITY AMOUNT Wood Chips Peat Moss Peat Humus Soil Mulch Shredded Cypress Sand Fertilizer Manure Loam Lime Gravel Clay Bark Landscape Fabric Stone Brick Wood Other LAWN MATERIAL SQUARE FEET AMOUNT Sod Seed LABOR AMOUNT Design/Planning Grading Soil Preparation Planting Mulching Edging and Borders Pruning Fertilizing Sodding Seeding Mowing Thatching Aeration Weed Control Brick Stone Walls Stairs Terracing Walkways Patios Install Pond Install Water Fountain Sprinkler Drainage Stump Removal/Grinding Rototilling Spring/Fall Cleanup Other TOTAL PLANTS TOTAL MATERIALS TOTAL LAWN MATERIALS TOTAL LABOR TOTAL DELIVERY TOTAL EQUIPMENT TOTAL 2. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. PERMIT S: 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, cond itions, or restrictions that affect the Work Site. 7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of 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. CONTRACT PRICE: {COST PLUS} Owne r 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: . OR {FIXED FEE} 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: . Contractor shall furnish Owner appropriat e 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/DEFAULT: A failure to make payment for a period in excess of thirty (30) 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 12% of all payments that are more than thirty (30) days late plus interest at the rate of 12% per month. 10. DESTRUCTION AND DAMAGE : If the Project is destroyed or damaged for any reason, except where such destruction or damage was caus ed by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of r eplacing work already accomplished by Contractor exceeds 20 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 Contrac t 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. ASSIGNMENT : Neither party may assign this Contract, or payments due under the Contract, without t he other party’s written consent. Any such assignment shall be void and of no effect. 12. INTERPRETATION: (a) Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents. (b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be per formed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties. (c) Governing Law. This Contract shall be interpreted and governed in accordan ce with the laws of the State of Kentucky. 13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 14. 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 completio n 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 per form said work. (c) Contractor agrees to remove all debris and leave the premises in broom clean condition. 15. WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise a nd become known within from the date hereof. All said defects arising after and defects in material are not warranted by Contractor. Contractor warrants that newly installed plants will survive for after date of installation, or Contracto r will replace at no charge. Contractor may elect not to replace plant materials based upon a determination that plants have died as a result of extreme weather conditions, a lack of watering or the negligence of others. Plants installed under warranty tha t show some leaf damage at the end of warranty period, yet are still living, are not to be replaced. Rather, Contractor will assess the damage and may have to change the planting mix at no charge to the customer. Contractor hereby assigns to Owner all warr anties on materials as provided by the manufacturer of such materials. Contractor not responsible for damage due to acts of God. SECTIONS 411.250 TO 411.260 OF THE KENTUCKY REVISED STATUTES CONTAIN IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FIL E A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE BUILDER OF YOUR HOME. YOU MUST DELIVER TO THE BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT AGREED: CONTRACTOR: Signature ______________________________ Print Name & Title _____________ Date ___________________ License Number ______________________________ Name and Address of License Holder OWNER: Signature ______________________________ Print Name ______________ Date *Optional addendum required only for home solicitation sales: BUYER'S RIGHT TO CANCEL If this agreement was solicited to your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: ____________________________ ____________________________ ____________________________ * Note: If this is a retail installment contract, the title "Retail Installmen t Contract" must be added, along with the following notice, terms, and acknowledgment of receipt: NOTICE TO THE BUYER. DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. RETAI L INSTALLMENT AGREEMENT (No Consumer Credit Protection Act Disclosures) Purchase Price. The total purchase price shall be $____________________________. Interest. Interest shall be __________% simple interest per annum. Payment Terms. Principal and interest shall be payable to Seller at ____________________________ (address), or at such other place as the holder hereof may designate in writing, in __________ consecutive monthly installments of $ ______________. The first of said install ments shall be due and payable on the day of ______________, 20____, and each subsequent monthly installment shall be due and payable on the first day of each succeeding month thereafter until the entire indebtedness is fully paid. The maximum number of pa yments is __________. Downpayment. The amount of to be paid upfront as downpayment is $_____________________, to be paid on ______________________________. Late Fees. Purchaser shall pay Seller, or his/her assignee a late charge of ______% of any monthl y installment not received by the Seller or assignee within ______________ days after the installment is due. Purchase Money Security Interest . Seller hereby reserves and Purchaser hereby grants to Seller a purchase money security interest in __________ ______________ (collateral), together with all additions, parts, replacements, attachments, accessions, and accessories thereto and all proceeds thereof, to secure payment of the purchase price. Total Amount of Fees is $________________________. Principa l Balance . The amount of the sales price, total fees, minus any downpayment and the time price differential, is $________________________. Amount of Time Price Differential . The difference between a property's immediate purchase price and the price the sa me property would cost if purchased on an installment plan is $________________________. Time Balance . The principal balance plus time price differential equals the sum of $______________________. Buyer's acknowledgement of receipt of copy of retail inst allment contract: _______________________________ ___________________________ Buyer's Signature Date