Florida Landscape Concepts

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1 Florida Landscape Concepts Maintenance Policies

2 Article I. Billing Billing will occur at the beginning of every month with payment due by the fifteenth of every month. Cancellation of service must be made in writing prior to the first of the month. Florida Landscape Concepts, hereinafter entitled Contractor, holds a monthly minimum of $250 per month per property. Monthly charges are calculated on a 52 week basis and divided into monthly payments taking into consideration heavier work loads during the summer and lighter work loads in the winter based on the guide lines set forth below.

3 Article II. Landscape Services Section 1. Lawn Maintenance Consideration A. Mowing, Edging and Trimming: Cutting of turf shall be accomplished weekly up to forty-two (42) times a year based on need. All turf areas shall be mowed as needed so that no more than 1/3 of the leaf blades are removed per mowing. Mowing shall be with a (reel, rotary, bagging, or mulching) mower. Mower blades will be sharp at all times to provide a quality cut. Mowing height will be according to grass type and variety. Clippings will be left on the lawn as long as no readily visible clumps remain on the grass surface 36 hours after mowing. Otherwise, large clumps of clippings will be distributed by mechanical blowing or collected and removed by the contractor. In the case of fungal disease outbreaks, clippings will be collected until the disease is undetectable. Tree rings and plant beds and all buildings, sidewalks, fences, driveways, parking lots and other surfaced areas bordered by grass will be edged as needed. Turf around sprinkler heads will be trimmed so as to not interfere with or intercept water output. Isolated trees and shrubs growing in lawn areas will require mulched areas around them (minimum 2-foot diameter) to avoid bark injury from mowers and filament line trimmers and to reduce root competition from grass. Such mulched areas will be charged to the customer. Contractor will clean all clippings from sidewalks, curbs and roadways after mowing and/or edging. Clippings will not be swept, blown, or otherwise disposed of in sewer drains. Section 2. Landscape Plant Maintenance Considerations: Trees, Palms, Shrubs, Ground Covers A. Pruning: Shrubs will be pruned with hand shears as needed to provide an informal shape, fullness, and bloom. Minor tree and palm pruning will bed done once (1) per year and is limited to branches and /or brown fronds and seed heads below 15 feet in height. No green palm fronds shall be removed. All pruning debris will be removed by the contractor. No trees under utility lines will be pruned and no pruning will be done during or immediately following growth flushes. Branches will be pruned just outside the branch collar. Pruning paint will not be applied. Sucker growth will be removed by hand from the base of trees. No herbicides will be used for this purpose. Booting

4 of palm trees and major tree work including palm trees with heavy growth regardless of size will be billed as extra to the client. Extra tree trimming not included above will be billed to the client. B. Mulching: All mulched areas will be replenished as needed only at clients request. "Alternative" mulches (pine bark, pine needles, melaleuca, recycled, etc.) should be considered. Mulch should be maintained at a depth of three (3) inches. Mulch will be billed per bag/yard to client including purchase price, pick up and delivery, and installation. Areas not mulched will attract accelerated weed growth. Weed growth in unmulched areas may require extra time and incur extra fees to the client. Please refer to our website for the many benefits of mulching. Section 3. Considerations for Optional Services A. Annual Flowers: Replacement of annuals will be done at owners request. No warranty will be given for annuals. Replacement of stolen, vandalized or damaged flowers will be charged based on plant. B. Installation: Florida Landscape Concepts will, upon contractual agreement, install palms, trees, shrubs, turf, lighting, irrigation components, water features, etc. Each installation will carry it's own contract outlining the scope of the project, cost of the project, warranty specifications, and payment arrangements. Any installations involving purchases will require a minimum of 50% of the contract price or the minimum needed to cover all purchases to accomplish the project. C. Irrigation Systems: The contractor shall inspect and test all components and zones in the irrigation system seasonally and shall reset zone times according to seasonal evapotranspiration changes. Minor adjustments and repairs such as head-emitter cleaning or replacement, filter cleaning, small leaks, and minor timer adjustments shall be made by the contractor, with the client paying for parts. Once a year the contractor will recalibrate each zone following the Cooperative Extension Service recommendations. During weekly maintenance, the contractor will note and report to client any symptoms of inadequate or excessive irrigation, draining problems, etc.

5 Repairs to system beyond the above scope will be charged to the client at an hourly rate per person plus parts. The contractor will notify the client or client's agent, of the nature of the problem before repairs are made. Systems with clock/timers that are located in garages or behind locked doors are not included for free system checks. We offer clock/timer relocation to an appropriate outdoor area for a reasonable fee. D. Other Services Available: (Priced by contractor on a per job basis): Installation of a rain shut-off device. Landscape additions/renovations/transplanting. Transplanting of existing trees will be accomplished during the appropriate season based on species. Plant or turf replacement. General hauling. Irrigation system modifications. Topdressing turf with sand to smooth uneven surfaces or control thatch. Oversee fountains and ponds. Oversee lighting systems and change bulbs per request. Section 4. Situations which the Contractor may deem are his/her responsibility: Any damage due to operation of contractors equipment in performing the contract. Complying with all laws pertaining to protected plant species such as the mangrove. (We cannot provide Mangrove services by law. We will be happy to recommend a licensed Mangrove specialist.) Damage to plant material due to improper horticultural practices. Improper replacement or retrofitting of irrigation system components. Situations which the Contractor may deem are not his/her responsibility:

6 Death or decline of plant materials due to improper selection, placement, planting, or maintenance done before the time of this contract. Damage due to improper irrigation components existing at the time of contract execution. Exposed cables/wires or sprinkler components/lines normally found well below the lawn's surface. Flooding, storm, wind or cold damages or Acts of God. Disease or damage to lawns or landscape plants caused by excessive irrigation or lack of water due to inoperative irrigation components provided these were reported to the client, or irrigation restrictions imposed by the Southwest Florida Management District or civil authorities. Damage caused by or to any item hidden in the landscape and not clearly guarded or marked. Damage due to vandalism. Damage due to pests, lack of fertilization, and/or fungus. The Contractor recommends all customers use a pest/fertilization contractor licensed to provide these services. The Contractor will gladly recommend a suitable contractor at the Clients request. Section 5. General Provisions In addition, the following general provisions apply: 1. All the work shall be completed in workman-like manner and in compliance with all building codes and other applicable laws. 2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract unless otherwise agreed upon. 4. Contractor shall furnish Client appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 5. All change orders shall be in writing and signed by both Client and Contractor, and shall be incorporated in, and become a part of the contract.

7 6. Contractor agrees to remove all debris pertaining to Contract only. 7. In the event Client shall fail to pay any payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute. 8. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. 9. Contractor shall not be liable for any delay due to circumstances beyond its control including but not limited to strikes, casualty, equipment failures, and weather delays. 10. The Contractor typically shuts down for two weeks a year, normally during the Christmas/New Year holidays as well as all recognized national holidays. Extra cutting and sprucing will be given the week before and the week after the break. Considerations will be made for holiday visits at the request of the Client. 11. Contractor may at its discretion chose to skip turf cutting, shrub pruning, tree trimming, or other maintenance tasks due to inclement weather. Work skipped will be added to the following weeks tasks.