2007
MECHANICAL SNOW REMOVAL CONTRACT

            THIS AGREEMENT is made this ______ day of _______, 2006, by and between the Westwood Condominium Unit Owner’s Association, herein “Association” and Jay Goodwin Contractor, herein “Contractor.”  Association and Contractor hereby agree that the Contractor will perform the following services for the Association under the following terms and conditions.

1.  Location:  Contractor agrees to provide mechanical snow removal services to those common area roads, driveways, and parking lots located within the Condominium Association set forth above.

2.  Service:  Contractor proposes to remove snow, sleet, and ice from the locations described on an as needed basis during the term of this agreement.  Snow removal shall include both the mechanical removal of snow, sleet, and ice and the spreading of chemicals which will promote the melting of frozen precipitation from the common area roads, parking lots and driveways.  All work shall be performed in a careful, conscientious manner.  Contractor agrees to be on call 24 hours per day during the term of this agreement and on standby all days and times when a snow, sleet, or freeze warning shall be in effect. Contractor agrees to begin mechanical snow removal within one hour after precipitation begins accumulating.  Contractor agrees to maintain a written record including date of service, location and time snow removal was performed. This record shall be submitted with invoices to the Property Management Department.

3.  Equipment:  Contractor agrees to supply the following equipment or compatible substitutes for the service at the price defined.  All rates shall include the cost of an operator and all necessary supervision.

            EQUIPMENT                                                  RATE

            (2) 4 x 4 trucks with snow blades                      $60/HR

            (1) Bobcat                                                        $60/HR

Contractor agrees to park the following equipment at Wintergreen on a standby basis during the period of November 15, 2006 through April 15, 2007:

             (1) 4 x 4 trucks with snow blades

             (1)   Bobcat

4.  Insurance:  Contractor agrees to maintain in force while performing the Services, auto insurance for all vehicles used in providing the service, general liability in an amount not less than $300,000 per incident, and workmen's compensation insurance.  Contractor agrees to provide the Association with evidence of such insurance coverage prior to commencement of work each contract year.

5.  Term:   The term of this Contract shall be for five months beginning November 15, 2006 through April 15, 2007.  This Contract maybe be automatically extended for successive terms unless either party shall have served written notice to the other of its intention to terminate this Agreement at least 60 days prior to the commencement of each term.  In the event Contractor shall not perform the services required hereby or in the event Contractor shall not correct any deficiencies in the quality of the work when requested by Association, Association shall have the right to terminate this agreement upon two weeks written notice to Contractor.

6.  Payments:  Association agrees to pay Contractor an hourly rate for the services outlined in Section Two.  Association also agrees to pay Contractor a monthly staging fee of $175.00 for the time period of November 15, 2006 through April 15, 2007.  Contractor agrees that he shall be liable to the Association for any damages to the common elements that Contractor or his equipment may have caused while providing the services.

7.  Indemnity:  Contractor agrees to indemnify and hold Association, its Board of Directors, and Agent harmless against any damage, loss, or liability which Association may incur as a result of any negligent or wrongful act of Contractor, its employees or agents.

8.  Obey all Laws: Contractor agrees that Contractor, its employees and agents will obey all Federal, State and local laws and regulations while at Wintergreen or performing the Services.

9.  Association's Agent: The parties hereto agree that Wintergreen Partners, Inc. has been engaged as the Association's management agent ("Agent"), and unless otherwise notified in writing by either Agent or Association, Agent shall be responsible for conveying instructions, inspecting, and approving the Services provided hereunder.

            WITNESS the following executions:

 _______________________________________________________________________________

President, Westwood Condominium Unit Owner’s Association                                     Date

_______________________________________________________________________________

Jay Goodwin, Contractor                                                                                                          Date

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