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    Draft Landscaping Contract

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    I and my partner have recently started a residential landscaping and lawn care company in Kearney, Nebraska. We are anxious to gain new customers and we bids for services are generally lower than other residential landscaping and lawn care companies in this area. Because of our pricing and because we are so prompt and efficient in the fulfillment of our contracts, our business is beginning to do very well after less than two years.
    A friend of my parents is planning to spend the rest of this year and half of next (2012-2013) exploring the wild and beautiful , but untamed, continent of Africa and the friend while she is in Africa, wants me and my partner to completely re-landscape the area surrounding her house. The landscaping must be totally completed before she returns from Africa. This project will amount to a significant amount of work for me and my partner because it will include, among other things, removing all existing vegetation and grass and replacing it with the landscaping to be decided by my parent's friend. If our price is good, if we can economically dispose of the existing vegetation, and if the materials (trees, bushes, etc.) are acquired at reasonable cost, we could make a significant profit.

    The name of our landscaping company is "Kearney Big Tree Landscaping Specialists" (also known as KBT) and is operated under an informal arrangement between me and my partner. The name of my parent's friend if Gloria big Buck, and she lives in that large house at the top of the hill at south end of that town just southeast of Kearney on highway 10 ( the one with the pink shutters and the large cupola in the front.

    1. I need to legally draft an agreement to be used solely by the two of us (me and my partner for our own business). If you can substantiate it with at least one Nebraska state case which provides authority for the agreement.

    2. I need draft an agreement in which we agree with Ms. Big Bucks to perform the landscaping project which she has requested. The most important thing is to include all of the essential terms required in a contract of this nature. I need many terms, paragraphs and subjects into this agreement as you can.

    3. I need to write formal letter to general counsel, informing him of the conclusion reached with regard to the legally draft an agreement in 1. Include, in the letter form, all of the discussion and argument regarding the answer. Attach to the formal letter the completed, and proposed, agreement for landscaping service.

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    Solution Preview

    General Partnership Contract between:
    Myself residing at Kearney, Nebraska and My Partner residing at Kearney, Nebraska, will be now referred to as

    Partners agree as follows:
    The partners associate themselves as general partners for the purpose of conducting landscaping and lawn-care business in Kearney, Nebraska.

    The name of the Partnership shall be Kearney Big Tree Landscaping Specialists and will be registered as such.
    The term of the Partnership will begin on November, 1, 2012 and shall continue without defined term.
    The Place of business will be at: Kearney, Nebraska and any other place agreed to by the parties to the contract.

    The initial capital of the partnership shall be the sum of $500,000 to which each Partner shall contribute equally by depositing in a checking account in the name of Kearney Big Tree Landscaping Specialists at the BBA Bank in Kearney, Nebraska, on or before November 5, 2012.

    No Partner shall withdraw any part of the capital without the explicit written consent of the other Partner.

    The percentages of Partnership Rights and Partnership Interest of each of the Partners shall be 50%. This is the proportion in which profits and losses of the partnership will be distributed.

    During the tenure of the partnership, the Partners shall keep true and fair books of accounts in which all matters relating to the partnership assets, liabilities, incomes, and expenses, shall be entered. The books shall be kept on accrual basis and shall be available for scrutiny by either Partner at all times.

    The financial year of the Partnership shall end on the 31st of December, every year. At the end of each accounting year within 20 days of end of the financial year the net profits of Partnership will be distributed to the partners.

    Each partner will devote her full time and attention to the furtherance of the partnership business. Each partner will have an equal say in the management hand will wield the authority to bind the partnership in making contract and ...

    Solution Summary

    This posting gives you a step-by-step explanation of a Landscaping Contract. The response also contains the sources used.