STATE OF OHIO, COUNTY OF SUMMIT

FAIRWAY VILLAS CONDOMINIUM ASSOCIATION CONTRACTOR AGREEMENT

This AGREEMENT made and entered into, this____day of ___________, 2008 by and between
FAIRWAY VILLAS CONDOMINIUM ASSOCIATION, hereinafter referred to as the ASSOCIATION, and

 ______________________________________________________,

hereinafter referred to as the CONTRACTOR.

CONTRACTOR shall provide landscape maintenance for ASSOCIATION, for a period beginning, April 15, 2008  and concluding November 15, 2008.

CONTRACTOR agrees to furnish all labor, equipment and materials necessary to provide complete Landscape Maintenance as specified herein, except where noted. Such services shall be provided weekly with work to be performed on Wednesdays or Thursday with Fridays to be used as a rain out date.  Work is to be performed only on the aforementioned days between the hours of 9:00 AM and 7:00 PM.  Under NO circumstances is work to be performed on Sundays. Subject to weather constraints, the work to be performed shall include, but not be limited to, the following:

1.1 - 1.6 TURF CARE

1.1 CONTRACTOR shall perform weekly mowing of lawns at all 104 units when grass exceeds three inches in height, including the common areas, (April 1st through November 30th), at a cutting height of 3 inches; maintaining a well-groomed surface with no visual evidence of residual grass clippings.

1.2 CONTRACTOR shall perform bi-monthly line-trimmer edging of beds, curbs and
sidewalks during the growing season (April 15th through November 15th) preventing turf from growing past specified boundaries.

1.3 CONTRACTOR shall edge all hard edges (curbs, drives and walks) of lawns monthly.
This task is to be performed with steel-bladed gas powered edger.

1.4 CONTRACTOR shall perform weekly line trimming around signs, poles and other
obstacles, during the growing season ( April 15th through November 15th).

1.5 CONTRACTOR shall perform weekly 'trimming-out' with line trimmers areas narrowed
or incapable of mower passage.

1.6 CONTRACTOR shall perform weekly cleaning of paved areas, sidewalks and
porches/decks with power blowers, removing grass clippings and natural debris just after each and every mowing visit.

1.7  CONTRACTOR shall perform aeration of all lawn areas at the discretion of the ASSOCIATION.  Aeration is an ADD ON item for this contract.  The cost of aeration should not be included in the TOTAL BID PRICE but should be listed at the end as an ADD ON item. 

1.8  CONTRACTOR shall manually remove all litter and debris from the lawns when noted prior to each and every mowing visit.

2.1 - 2.3 SHRUB AND BED CARE

2.1 CONTRACTOR shall perform periodic pruning and trimming of all shrubs and trees in all beds, common areas included, so as to maintain a manicured appearance. Trimming events not to exceed four intervals with a minimal of two intervals in any one given growing season (April 15th  through November 15th).

2.2 CONTRACTOR shall remove debris, trash and dead limbs in shrubs when
noted.

2.3 CONTRACTOR shall perform manual / mechanical removal of weeds in shrub beds
monthly during the growing season (April 15th through November 15th).

2.4  CONTRACTOR shall turn and rake all mulch beds in the spring (April).

3.1 - 3.4 MULCHING-This section is an Add On item.  This cost is not to be factored in when giving the TOTAL BID PRICE but is to be listed as a separate cost to be executed at the discretion of the Association.

3.1 CONTRACTOR shall provide mulch and labor in mulching of all shrub beds and tree
rounds every  year (prior to May 15th) . Mulch to be of hardwood, red oak, or pine bark; grade selected by the ASSOCIATION.

3.2 CONTRACTOR will apply mulch to an approximate depth of three inches.

3.3 CONTRACTOR shall clean all lawns, driveways, walks, steps, porches and decks
immediately after mulch has been applied.

3.4 CONTRACTOR shall perform edging of beds with steel-bladed gas powered edger to a depth of 3-4 inches prior to mulching.

4.1 - 4.12 GENERAL CONDITIONS

4.1 CONTRACTOR agrees that he is an independent contractor under this agreement, and in
connection with all work performed hereunder.

4.2 CONTRACTOR will, on an annual basis, furnish the ASSOCIATION a copy of liability
insurance certification and a copy of the State Applicator's Pesticide License for the Commercial
Application pertaining to such usage.

4.3 CONTRACTOR shall be solely responsible for withholding of all taxes/funds for
employees required by Federal and/or State agencies.

4.4 CONTRACTOR shall be solely responsible for Workers' Compensation, if any may be
required, with minimum limits of coverage as specified by State Statutes, and shall maintain as his sole expense, Comprehensive General Liability Insurance in the minimum amount of $1,000,000 (one million dollars) coverage.

4.5 CONTRACTOR shall furnish the managing agent of the ASSOCIATION with evidence
of such insurance in the form of a 'Certificate of Insurance' issued by the insuring agency. The
certificate shall show the ASSOCIATION as the 'Certificate Holder' , and shall include an
endorsement indicating that the Managing Agent will be given at least 10 (ten) days written notice prior to cancellation of any or all such coverage.

4.6 CONTRACTOR shall be solely responsible for any and all personal injury, accidents or
property damage, which he, his agents or employees might cause or be liable for in connection with work performed hereunder. CONTRACTOR assumes the burden of Occupational Risks.

4.7 CONTRACTOR shall be solely responsible for the selection of his agents and employees,
and the retaining of a qualified work force of a size sufficient to perform the work under this
Agreement in a timely manner. However, it is specifically understood that none of such agents or
employees shall come on the premises while under the influence of alcohol or any other intoxicant or controlled substance, and that they will conduct themselves in a professional manner while on the premises.

4.8 CONTRACTOR shall not be responsible for the replacement cost of any trees, shrubs or
other plants not installed by CONTRACTOR, which are lost to casualty such as aberrant weather,
disease, theft or physical damage not incurred by CONTRACTOR.

4.9 CONTRACTOR shall perform maintenance tasks, as detailed, in a competent and
professional manner. The parties shall consult from time to time concerning the appearance of
ASSOCIATION'S property.

4.10 CONTRACTOR agrees that all work to be performed under this Agreement shall be
performed in accordance with accepted standards of horticultural practice. All work shall be
performed in accordance with all applicable laws, codes, ordinances and regulations of all local, state, and federal government agencies.

4.11 ASSOCIATION agrees to hold CONTRACTOR harmless and free from any liability for
any damage to shallow(less than 4 inches) buried lines that may be damaged by bed edging.

4.12 ASSOCIATION Board of Directors will inform all members of the Association and all
residents that they are not to issue any instructions to the CONTRACTOR, his agents or employees, but to inform the Chairperson of the Landscape Committee of their comments.

5.1 - 5.3 CONTRACT COSTS

For the services, including labor and materials, above listed; the
ASSOCIATION shall pay the CONTRACTOR as follows:

5.1 ASSOCIATION agrees to pay CONTRACTOR as cost for said services the amount of

$_____________ per month.

5.2 ASSOCIATION agrees to make payment in receipt of billing invoiced at the
commencement of each current month.

5.3 ASSOCIATION  Finally, it is agreed that either party may terminate this Agreement, without cause, at any time upon 30 (thirty) days written notice to the ASSOCIATION or CONTRACTOR. Furthermore, this Agreement may only be modified in writing executed by the parties hereto:

5.4 CONTRACTOR shall supply the ASSOCIATION with a list of three references dated within the last two years

1. -6.2 ADD ON ITEMS

6.1 Mulching for one unit____________________

      Mulching for all 104 units________________

6.2 Aeration of one unit_____________________

      Aeration of all 104 units__________________

7.0  Pre-Bid  - Any questions can be referred to Willa Smith at (330)283-2927.

1. Bid Due Date- Bids are due on January 31, 2008 at 5:00 PM delivered to Fairway Villas Condominium Association via e-mail twsmith97@hotmail.com or mailed to
   Fairway Villas Condominium Association
   3950 Royal Liverpool
   Uniontown, Ohio  44685

Witness our hands and seal on the day, ________ of __________________ 2008.

_________________________________________ Title:_____________________

representing Fairway Villas Condominium Association

_________________________________________ Title:___________________ __
representing lawn maintenance company