Landscaping Plan

LANDSCAPING PLAN AGREEMENT

Recitals

WHEREAS, Client Name: is the record owner of the real property located at Property Address: (the "Property");

WHEREAS, Contractor Name: (contractor) holds all licenses and qualifications required to perform landscaping design and installation services and shall prepare and implement the Landscaping Plan described herein; and

WHEREAS, the parties desire to set forth the terms under which Contractor will furnish a landscaping plan, plant and material selection, and installation services for the Property, as further specified below.

Project Identification

Scope of Work

Contractor shall provide design, material specification, and installation services as set forth in the Landscaping Plan and in accordance with industry standards. Work includes site preparation, grading limited to the scope set out in the Plan, soil amendments, planting, irrigation modifications, hardscape installation as specified, and final cleanup.

Payment Terms

The total Contract Amount for the landscaping plan design and installation is $ . Client shall pay according to the schedule below.

Retainage, if any, shall be no greater than the amount specified in the payment schedule. Final payment is due upon substantial completion of the described Scope of Work and after Client inspection and issuance of final invoice. Payments unpaid after their due date shall accrue a late fee at the lesser of 1.5% per month or the maximum rate permitted by law. Client shall not withhold payment for minor defects that Contractor agrees to remedy promptly.

Term; Commencement; Termination

This Agreement commences on Effective Date: and the Parties anticipate completion by Completion Date: , subject to extensions for weather, permit delays, or change orders.

Either party may terminate this Agreement for material breach if the breaching party fails to cure within Notice Period (days): days after written notice. Termination shall not relieve Client of obligation to pay for work performed or materials ordered prior to termination.

Permits, Approvals & Site Condition

Contractor shall identify required permits and shall obtain permits only if expressly agreed in the Scope of Work. Responsibility for permit fees and approvals: Contractor Client

Client warrants that the Property boundaries, underground conditions known to Client, and utility locations have been disclosed to Contractor. Contractor shall not be responsible for hidden conditions that could not reasonably be discovered upon visual inspection.

Warranties, Maintenance & Acceptance

Contractor warrants that materials and workmanship shall conform to the Scope of Work and shall be free from defects for Warranty Period (months): months following substantial completion, except where plant loss results from Client neglect, vandalism, acts of God, or normal seasonal dieback. Remedies for breach of warranty are limited to repair or replacement at Contractor's discretion.

Confidentiality

Each party shall keep confidential all non-public technical, financial, and business information disclosed by the other party in connection with this Agreement (Confidential Information). Confidential Information does not include information that is or becomes publicly available through no breach by the receiving party, is rightfully received from a third party without restriction, or is independently developed. The receiving party may disclose Confidential Information if required by law, provided it gives the disclosing party prompt notice when permitted.

Insurance; Indemnity; Safety

Contractor shall maintain commercially reasonable general liability and workers' compensation insurance covering the work. Contractor will indemnify and hold Client harmless from claims arising from Contractor's negligent performance, except to the extent caused by Client's negligence. Contractor shall comply with applicable safety laws and take reasonable precautions to protect persons and property during performance.

Dispute Resolution

The parties shall attempt in good faith to resolve disputes arising under this Agreement by negotiation. If unresolved, disputes shall be submitted to non-binding mediation. If mediation fails, either party may pursue litigation in the courts identified under Governing Law below.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the State of without regard to choice-of-law rules. This Agreement, including the Plan Reference and any written change orders, constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior written or oral understandings.

Amendments must be in writing and signed by both parties. If any provision is found invalid, the remainder shall remain in force to the fullest extent permitted by law.

Acknowledgment

By signing below, the parties acknowledge they have read, understand, and agree to be bound by the terms of this Landscaping Plan Agreement, and confirm that the information provided above is accurate.

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