SERVICES AGREEMENT 
PROPERTY NAME: Darby CDD 
CUSTOMER NAME: Darby CDD 
SERVICE DESCRIPTION: Annual Maintenance of 7 ponds approximately 6,698 ln ft and 7.95 acres. 
EFFECTIVE DATE: September 1, 2025 through August 31 2026 
SUBMITTED TO: Daniel Laughlin - dlaughlin@gmsnf.com 
SUBMITTED BY: Lonnie Lawrence - North Florida Business Development Consultant 
THIS SERVICES AGREEMENT (the “Agreement”) is effective as of the date indicated above (the “Effective Date”), by 
and between SOLitude Lake Management, LLC (“SOLitude” or “Company”), and the customer identified above (the 
“Customer”), in accordance with the terms and conditions set forth in this Agreement. 
1. SERVICES . SOLitude will provide services (the “Services”) at the Customer’s property in accordance with 
the Scope of Services attached hereto as Schedule A. 
2. MODIFICATIONS . Any deviation from the requirements and Services outlined in Schedule A involving extra 
cost of material and labor will result in extra charges. Such additional services will be provided by SOLitude only upon 
a Change Order mutually approved by the parties in writing (the “Change Order”). 
3. PRICING . The Customer agrees to pay for the Services, as well as any applicable sales or other taxes, in 
accordance with the Pricing Schedule attached hereto as Schedule B. Prices are subject to annual increases. 
SOLitude will notify the Customer in writing (which may be by invoice) of such increases. 
4. PAYMENT. Payment is due within thirty (30) days of the invoice date. Any disputes with an invoice or invoices 
must be brought to the attention of SOLitude by written notice within one hundred and twenty (120) days from the 
invoice date, otherwise Company will not be liable for any potential credits or adjustments. The parties agree to use 
good faith efforts to resolve any disputed invoice amounts within thirty (30) days after written notification of a dispute. 
Disputed amounts shall not affect payment of all undisputed amounts, and Customer agrees to pay all undisputed 
amounts owed on any disputed invoice within the applicable due dates. Invoices not paid on or before the invoice 
due date shall accrue interest charges at a rate of one percent (1%) per month, accruing as of the invoice date, until 
the time that such amounts are paid in full. Additionally, the Customer is liable for payment of all costs of collection of 
past due accounts, specifically including, but not limited to, court costs, expenses, and reasonable attorneys’ fees. In 
addition to the compensation paid to SOLitude for performance of the Services, Customer shall reimburse SOLitude 
for all of the expenses paid or incurred by SOLitude in connection with the Services, including, but not limited to 
non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result 
of requirements placed on SOLitude by the Customer that are not covered specifically by the written specifications 
of this Agreement (“Reimbursable Expenses”). Should the work performed be subject to any local, state, or federal 
jurisdiction, agency, or other organization of authority for sales or other taxes or fees in addition to those expressly 
covered by this contract, the customer will be invoiced and responsible for paying said additional taxes in addition to 
the contract price and other fees. 
5. TERM AND EXPIRATION. This Agreement shall commence on the Effective Date and shall remain in effect for an 
initial term of 1 year(s) (the “Initial Term”). Thereafter, this Agreement shall automatically renew under the same terms, 
conditions and specifications as set forth by this Agreement and for the same period of time as the Initial Term (each 
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an “Additional Term”) (the “Initial Term” and each “Additional Term” thereafter are collectively referred to herein as 
the “Term”) unless either party gives written notice of cancellation thirty (30) days prior to the termination date of the 
Term then in effect. The parties understand and agree that the prices for each Additional Term shall automatically 
increase by six percent (6%) of then current annual pricing. SOLitude reserves the right to increase the amount 
charged for the Services. Such increase shall be communicated by written notice to the Customer, which notice 
may be by invoice. Customer may reject any such additional increase by notifying SOLitude in writing within fifteen 
(15) days of receiving such price increase notice. 
6. TERMINATION. SOLitude may terminate this Agreement at any time, with or without cause, upon thirty (30) 
days’ written notice to Customer. Subject to Sec. 7, in the event that this Agreement is terminated for any reason prior 
to the end of the Term, Customer agrees to pay SOLitude, in addition to all other amounts owed, an early termination 
fee of fifty percent (50%) of the remaining value of the Agreement (the “Early Termination Fee”). The Early 
Termination Fee is not a penalty, but rather a charge to compensate SOLitude for the Customer’s failure to satisfy the 
Agreement in which the Customer’s pricing plan is based. 
7. TERMINATION FOR CAUSE. If SOLitude fails to materially perform pursuant to the terms of this Agreement, 
Customer shall provide written notice to SOLitude specifying the default. If SOLitude does not cure such default within 
forty-five (45) days of SOLitude’s receipt of Customer’s written notice, Customer may terminate this Agreement, in 
whole or in part, for cause. The Company, in case of such default, shall be entitled to receive payment only for work 
completed prior to said default, so long as the total paid hereunder does not exceed the contract sum. Either party 
may terminate this Agreement immediately if the other party becomes the subject of a petition in bankruptcy or any 
other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 
8. INSURANCE . SOLitude will maintain general liability and property damage insurance as necessary given the 
scope and nature of the Services. A certificate of insurance will be issued to Customer, upon request. 
9. INDEMNIFICATION; LIMITATION OF LIABILITY . THE CUSTOMER AGREES THAT THE WORK PROVIDED UNDER THIS 
AGREEMENT IS NOT TO BE CONSTRUED AS INSURANCE, OR AS A COVENANT, GUARANTEE, WARRANTY, OR PROMISE OF 
ANY KIND THAT THE CUSTOMER IS IN COMPLIANCE WITH ANY LEGAL GUIDELINES OR REQUIREMENTS. COMPANY 
DISCLAIMS ANY LIABILITY OR RESPONSIBILITY REGARDING THE PRACTICES AND OPERATIONS OF THE CUSTOMER, AND 
BEARS NO RESPONSIBILITY OR LIABILITY FOR WHETHER THE CUSTOMER CARRIES OUT THE RECOMMENDATIONS MADE BY 
COMPANY AND IN NO EVENT WILL COMPANY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, OR ECONOMIC DAMAGES. 
THE CUSTOMER SHALL INDEMNIFY AND HOLD COMPANY HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, 
LIABILITIES, OBLIGATIONS, AND ATTORNEYS’ FEES OR COSTS BROUGHT BY ANY THIRD PARTIES, ARISING OUT OF OR 
RELATED TO THIS AGREEMENT OR BY FAILURE OF THE CUSTOMER TO ACT IN ACCORDANCE WITH ANY LEGAL 
REQUIREMENTS IN CONNECTION WITH THE SERVICES DESCRIBED IN SCHEDULE A. COMPANY SHALL NOT BE LIABLE FOR 
ANY DELAY IN PERFORMING THE SERVICES, NOR LIABLE FOR ANY FAILURE TO PROVIDE THE SERVICES, DUE TO ANY 
CAUSE BEYOND ITS REASONABLE CONTROL. COMPANY WILL BE RESPONSIBLE FOR ONLY THOSE DAMAGES, CLAIMS, 
CAUSES OF ACTION, INJURIES, OR LEGAL COSTS CAUSED BY ITS OWN DIRECT NEGLIGENCE OR MISCONDUCT, BUT THEN 
ONLY TO AN AMOUNT NOT TO EXCEED THE ANNUAL FEES CHARGED UNDER THE AGREEMENT. 
10. CONFIDENTIAL INFORMATION . "Confidential Information" means any information disclosed by one party 
(“Discloser”) to the other party (“Recipient”), either directly or indirectly, in writing, orally, or by inspection of tangible 
objects, other than information that the Recipient can establish (i) was publicly known and made generally available 
in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after 
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disclosure other than through Recipient’s action or inaction; or (iii) is in Recipient’s possession, without confidentiality 
restrictions, at the time of disclosure by Discloser as shown by Recipient’s files and records immediately prior to the 
time of disclosure. Recipient shall not at any time (a) disclose, sell, license, transfer, or otherwise make available to 
any person or entity any Confidential Information, or (b) use, reproduce, or otherwise copy any Confidential 
Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed 
to Recipient or as required by applicable law. Recipient agrees to take all reasonable measures to protect the 
secrecy of and avoid disclosure and unauthorized use of the Confidential Information. All Confidential Information 
shall at all times remain the property of Discloser, and all documents, electronic media, and other tangible items 
containing or relating to any Confidential Information shall be delivered to Discloser immediately upon the request of 
Discloser. 
Notwithstanding the foregoing, if Recipient is required by law, regulation, subpoena, government order, regulatory 
agency order, judicial order, or other court order to disclose any Confidential Information, Recipient shall give the 
Disclosing Party timely and lawful written notice of such a requirement prior to such disclosure, and shall reasonably 
and lawfully cooperate with the Disclosing Party to seek a protective order, confidential treatment, or other 
appropriate measures for such Confidential Information. 
11. FORCE MAJEURE . The Company shall not be liable for any delay in performing the Services, nor liable for 
any failure to provide the Services, due to any cause beyond its reasonable control. 
12. RIGHT TO SUBCONTRACT . The Company, in its sole discretion, may subcontract or delegate to an affiliate or 
third party any of its duties and obligations hereunder. 
13. FUEL/TRANSPORTATION SURCHARGE . Like many other companies that are impacted by the price of gasoline, 
a rise in gasoline prices may necessitate a fuel surcharge. As such, the Company reserves the right to add a fuel 
surcharge to Customer's invoice for any increase in the cost of fuel as measured above the same time period in the 
prior year (by the National U.S. Average Motor Gasoline-Regular Fuel Price per Gallon Index reported by the U.S. 
Department of Energy). The surcharge may be adjusted monthly (up or down) with the price of gasoline. 
14. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has 
offered, given, requested or accepted any undue financial or other advantage of any kind in entering into this 
Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and 
bribery in carrying out the terms and conditions of this Agreement. 
15. E-VERIFY . SOLitude utilizes the federal E-Verify program in contracts with public employers as required by 
Florida State law, and acknowledges all the provisions of Florida Statute 448.095 are incorporated herein by 
reference and hereby certifies it will comply with the same. 
16. GOVERNING LAW . Except for the Mandatory Arbitration Clause in Section 17 of this Agreement, which is 
governed by and construed in accordance with the Federal Arbitration Act, this Agreement shall be governed by, 
and construed in accordance with, the laws of the state in which the Services are performed. 
17. MANDATORY ARBITRATION . Any claim, dispute or controversy, regarding any contract, tort, statute, or 
otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be 
resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), 
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under the AAA Commercial or Consumer, as applicable, Rules in effect at the time the Claim is filed (“AAA Rules”). 
Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s 
decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in 
any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall 
be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or 
for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court 
for the District in which the services were performed or, if any such court lacks jurisdiction, in any state court that has 
jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any 
dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this 
Agreement including any claim that all or any part of the Agreement is void or voidable. Venue for arbitration 
hereunder shall be within the state where the customer’s property, that is the subject of the services provided, is 
located. 
18. ASSIGNMENT . The Company may assign this Agreement to a related or affiliated entity upon written notice to 
the Customer. 
19. NOTICES . All notices, requests, consents, claims, demands, waivers and other communications hereunder 
shall be in writing and shall be directed to the individuals and addresses listed in the signature block. Notices sent in 
accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with 
written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt 
requested); or (c) on the third (3rd) business day after the date mailed, by certified or registered mail, return receipt 
requested, postage prepaid. 
20. DISCLAIMER . SOLitude is not responsible for the failure of any treatment, equipment installation, or other work 
that may result from dam or other structural failures, severe weather and storms, flooding, or other acts of God that 
are outside of the control of SOLitude. Customer understands and acknowledges that there are irrigation restrictions 
associated with many of the products used to treat lakes and ponds. The Customer is responsible for notifying 
SOLitude in advance of the contract signing and the start of the Agreement if they utilize any of the water in their 
lakes or ponds for irrigation purposes. The Customer accepts full responsibility for any issues that may arise from the 
irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the 
Customer for irrigation without the consent or knowledge of SOLitude. Although there is rarely direct fish toxicity with 
the products used for treatment when applied at the labeled rate, or the installation and normal operation of the 
equipment we install, there is a risk under certain circumstances of significant dissolved oxygen drops. This risk is most 
severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which 
dissolved oxygen levels are naturally at their lowest levels. Oftentimes, lakes and ponds will experience natural fish 
kills under these conditions even if no work is performed. Every effort, to include the method and timing of 
application, the choice of products and equipment used, and the skill and training of the staff, is made to avoid such 
problems. However, the Customer understands and accepts that there is always a slight risk of the occurrence of 
adverse conditions outside the control of SOLitude that will result in the death of some fish and other aquatic life. The 
Customer also understands and accepts that similar risks would remain even if no work was performed. The Customer 
agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as described above, or are 
otherwise outside the direct control of SOLitude, unless there is willful negligence on the part of SOLitude. 
21. BINDING . This Agreement shall inure to the benefit of and be binding upon the legal representatives and 
successors of the parties. 
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22. ENTIRE AGREEMENT . This Agreement constitutes the entire agreement between the parties with respect to 
the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. This 
Agreement may not be modified or amended except by written agreement executed by both parties. In the event 
that any provision of this Agreement is determined to be void, invalid, or unenforceable, the validity and 
enforceability of the remaining provisions of this Agreement shall not be affected. 
23. SEVERABILITY . If any part of this Agreement is held to be invalid or unenforceable for any reason, the 
remaining Terms and Conditions of this Agreement shall remain in full force and effect. 
By signing below, the parties agree to be bound by the terms and conditions of this Agreement and any 
accompanying schedules as of the Effective Date. 
ACCEPTED AND APPROVED: 
SOLITUDE LAKE MANAGEMENT, LLC. DARBY CDD 
Signature: ______________________________ Signature: ______________________________ 
Printed Name: __________________________ Printed Name: __________________________ 
Title: ____________________________ Title: _____________________________ 
Date: _________________________ Date: __________________________ 
Please Remit All Payments to: Customer’s Address for Notice Purposes: 
SOLitude Lake Management, LLC 
1320 Brookwood Drive Suite H ____________________________________________ 
Little Rock AR 72202 
Please Mail All Notices and Agreements to: 
SOLitude Lake Management, LLC 
1253 Jensen Drive, Suite 103 
Virginia Beach, VA 23451 
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SCHEDULE A – SCOPE OF SERVICES 
A SOLitude Aquatic Specialist will visit the site and inspect the (7) Ponds one time per month. 
ANNUAL POND MANAGEMENT SERVICES 
Monitoring : 
1. Observations and data collected during the inspections will be used to inform and guide all 
activities required to fulfill the requirements of this contract as specified in the description of 
services below. 
Visual Inspections: 
1. A visual inspection of the pond(s) will be performed during each visit to the site. The inspections 
shall include the following: 
. Water levels 
. Water clarity or quality 
. Turbidity 
. Beneficial Aquatic Vegetation 
. Nuisance, Invasive, or Exotic Aquatic Vegetation 
. Algae 
. Erosion 
. Forebays and inflowing or outflowing swales, ditches, and stream channels 
. Vegetated buffers 
. Sedimentation 
. Nuisance animal activity 
. Fish habitat 
. Mosquito breeding conditions and habitat 
. Trash and debris 
2. Any issues or deficiencies that are observed during this visual monitoring will be documented by 
our staff in the field notes of the service order completed at the time the issue was first observed 
and reported to the Customer in writing as part of that month’s service report. 
3. Customer will be notified immediately if there are any deficiencies observed that appear in the 
judgment of our staff to be posing an immediate risk or otherwise jeopardizing the integrity of the 
pond(s) structures. 
4. The scope of these services is limited to what can be reasonably observed at the surface of the 
water and above the ground around the water that makes up the physical structure of the 
pond(s). These routine inspection services are not intended to replace any requirement or need 
for a more comprehensive engineered inspection, or any other type of inspection that would 
require expertise or equipment to survey the condition of the physical components of the 
pond(s) underground, underwater, or inside any of the associated structures. 
Aquatic Weed Control : 
1. Any growth of undesirable aquatic weeds and vegetation found in the pond(s) with each 
inspection shall be treated and controlled through the application of aquatic herbicides and 
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aquatic surfactants as required to control the specific varieties of aquatic weeds and vegetation 
found at the time of application. 
2. Invasive and unwanted submersed and floating vegetation will be treated and controlled 
preventatively and curatively each spring and early summer through the use of systemic 
herbicides at the rate appropriate for control of the target species. Application rates will be 
designed to allow for selective control of unwanted species while allowing for desirable species 
of submersed and emergent wetland plants to prosper. 
Shoreline Weed Control : 
1. Shoreline areas will be inspected for any growth of cattails, phragmites, or other unwanted 
shoreline vegetation found within the pond areas shall be treated and controlled through the 
application of aquatic herbicides and aquatic surfactants as required for control of the plants 
present at time of application. 
2. Any growth of unwanted plants or weeds growing in areas where stone has been installed for 
bank stabilization and erosion control shall be treated and controlled through the application of 
aquatic herbicides and aquatic surfactants as required to control the unwanted growth present 
at the time of application. 
Algae Control : 
1. Any algae found in the pond(s) with each inspection shall be treated and controlled through the 
application of algaecides, aquatic herbicides, and aquatic surfactants as needed for control of 
the algae present at the time of service. 
Pond Dye : 
1. Pond Dye will be applied to the pond(s) on an as-needed basis. A combination of blue and/or 
black dye will be used as required to maintain a dark natural water color. 
Trash Removal : 
1. Trash will be removed from the pond(s) and disposed of offsite. Any large item or debris that is 
not easily and reasonably removable by one person during the routine visit will be removed with 
the Customer’s approval for an additional fee. Routine trash and debris removal services are for 
the pond areas only, and do not include any trash or debris removal from the surrounding 
terrestrial (dry land) areas. 
General Qualifications : 
1. Company is a licensed pesticide applicator in the state in which service is to be provided. 
2. Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health, Forestry, Right 
of Way, and Turf/Ornamental as required in the state in which service is to be provided. 
3. Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each individual 
applicator has been trained and educated in the water quality testing and analysis required for 
prescriptive site-specific water quality management and utilizes an integrated approach that 
encompasses all aspects of ecologically balanced management. Each applicator has received 
extensive training in the proper selection, use, and application of all aquatic herbicides, 
algaecides, adjuvants, and water quality enhancement products necessary to properly treat our 
Customers’ lakes and ponds as part of an overall integrated pest management program. 
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4. Company guarantees that all products used for treatment are EPA registered and labeled as 
appropriate and safe for use in lakes, ponds, and other aquatic sites, and are being applied in a 
manner consistent with their labeling. 
5. All pesticide applications made directly to the water or along the shoreline for the control of 
algae, aquatic weeds, or other aquatic pests as specified in this Agreement will meet or exceed 
all of the Company’s legal regulatory requirements as set forth by the EPA and related state 
agencies for NPDES and FIFRA.   Company will perform treatments that are consistent with NPDES 
compliance standards as applicable in and determined by the specific state in which treatments 
are made.   All staff will be fully trained to perform all applications in compliance with all federal, 
state, and local law. 
6. Company will furnish the personnel, vehicles, boats, equipment, materials, and other items 
required to provide the foregoing at its expense. The application method and equipment (boat, 
ATV, backpack, etc.) used is determined by our technician at the time of the treatment to ensure 
the most effective method is provided for optimal results. 
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SCHEDULE B – PRICING SCHEDULE 
Total Price: $6,120.00 
Invoice Amount: $510.00 
Invoice Frequency: Monthly 
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August 19th, 2025 

 

Mr. Daniel Laughlin, District Manager 
C/O Governmental Management Services, LLC 
475 West Town Place, Suite 114 
St. Augustine, FL 32092 

RE: Aquatic Management Services Bid 

 

Dear Mr. Laughlin: 

The following encompasses The Lake Doctors, Inc. observations and recommendations based on our 
site survey completed on 8/7/25. All waterways were inspected and are in good condition overall from an 
algae/invasive aquatic vegetation standpoint. That being said, treatments are recommended as soon as possible 
to proactively stay ahead of any growth that is likely as we’re still in the heat of Summer. Photos are included 
on pages 2 and 3 that show some areas we recommend addressing. This includes erosion and turbidity concerns 
that we can restore for you. Our goal is to be a one-stop-shop for any and all pond needs the community may 
have. We have every available resource at our disposal to provide Darby CDD with the highest quality and 
value of service possible. 

You have the full support from our Jacksonville Branch including 20+ licensed aquatic technicians, Field and 
Sales Management Team, Authorized Fountain Service Dept., fisheries manager and dedicated administrative 
assistant. We have technicians in the area on a daily basis that will respond to any questions or concerns you 
may have. We also have extensive experience managing many CDD’s comparable in size including but not 
limited to: Arbors CDD, Armstrong CDD, Copes Landing CDD, Magnolia West CDD, Pine Ridge Plantation 
CDD, Ridgewood Trails CDD, Seaton Creek Reserve CDD and Tisons Landing CDD. 

On behalf of our Jacksonville Branch, we greatly appreciate the opportunity and your time to review and 
consider our proposal. Please let me know if there are any questions or concerns. We look forward to getting to 
work for you and the homeowners of Kings Preserve – Darby CDD. 

Respectfully, 

Jesse E. Mason, Sales Manager | (904)228-8006 | jesse.mason@lakedoctors.com 

IMG_3284.jpg 


 

 


 

 

 


 



 

 


 



 

The Lake Doctors, Inc. 

11621 Columbia Park Drive W. 

Jacksonville, FL 32258 

(904) 262-5500 

Jacksonville@lakedoctors.com 

www.lakedoctors.com 

E:\Pictures\LAKE DOCTORS\LD Letterhead\LD-F16 Lettterhead 2015 proof 3 NEW LETTERHEAD.jpg 


 

 

 

Water Management Agreement 

 

This Agreement, made this ______________________ day of _______________ 20___ is between The Lake Doctors, Inc., a Florida corporation 
(“the Company”) and the following “Customer” 

 

PROPERTY NAME (Community/Business/Individual)_____________________________________________________________ 

 

MANAGEMENT COMPANY_____________________________________________________________________________ 

 

INVOICING ADDRESS ___________________________________________________________________________________ 

 

CITY _________________________________ STATE _____________ ZIP ___________ PHONE ( ) ________________ 

 

EMAIL ADDRESS ____________________________________________________________ 

 

The parties hereto agree to follows: 

 

A. The Company agrees to manage certain lakes and/or waterways for a period of twelve (12) months from the date of execution of this 
Agreement in accordance with the terms and conditions of this Agreement in the following location(s): 


 

Seven (7) Ponds associated with Darby CDD in Jacksonville, Florida. 

 

Includes a minimum of twelve (12) inspections and/or treatments, as necessary, for control and prevention of noxious aquatic weeds/algae. 

 

B. Customer agrees to pay the Company the following sum for specified aquatic management services: 


 

1. 

Underwater and Floating Vegetation Control Program 

$ 560.00 Monthly 

2. 

Shoreline Grass and Brush Control Program 

$ INCLUDED 

3. 

Free Callback Service and Additional Treatments, if required 

$ INCLUDED 

4. 

Water Testing and Analysis, as needed 

$ INCLUDED 

5. 

Monthly Detailed Service Reports 

$ INCLUDED 

 

Total of Services Accepted 

$ 560.00 Monthly 



 

$560.00 of the above sum-total shall be due and payable upon execution of this Agreement; the balance shall be payable in advance in 
monthly installments of $560.00 plus any additional costs such as sales taxes, permitting fees, monitoring, reporting, water testing and related 
costs mandated by any governmental or regulatory body related to service under this Agreement. 

 

C. The Company uses products which, in its sole discretion, are intended to provide effective and safe results. 


 

D. The Company agrees to commence treatment within thirty (30) days, weather permitting, from the date of receipt of this executed Agreement 
plus initial deposit and/or required government permits. 


 

E. The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by Customer 
to the Company on or before September 19th, 2025. 


 

F. The Terms and Conditions appearing on the reverse side form an integral part of this Agreement, and Customer hereby acknowledges that it 
has read and is familiar with the contents thereof. 


 

CUSTOMER PREFERENCES 

INVOICE FREQUENCY: ___ MONTHLY ___ EVERY OTHER MONTH ___ QUARTERLY ___ SEMI-ANNUAL ___ ANNUAL 

INVOICE TIMING: ___ BEGINNING OF THE MONTH ___ WITH SERVICE COMPLETION 

EMAIL INVOICE: ___YES ___ NO | If yes, provide invoice email: _________________________________________________________ 

EMAIL WORK ORDER: ___YES ___ NO | If yes, provide work order email: _________________________________________________ 

THIRD PARTY COMPLIANCE/REGISTRATION: ___ YES ___ NO 

THIRD PARTY INVOICING PORTAL**: ___ YES ___ NO 

 

REQUESTED START MONTH: ______________________ | PURCHASE ORDER #:____________________________ 

 

 

 THE LAKE DOCTORS, INC. CUSTOMER: 

 

IMG_3284.jpg 


 Signed _________________________________ Date _____________ 

 
Name ____________________________________________________ 

 Jesse E. Mason, Sales Manager 


TERMS AND CONDITIONS 

 

1) The Underwater and Floating Vegetation Control Program will be conducted in a manner consistent with good water management practice using the following 
methods and techniques when applicable. 

a) Periodic treatments to maintain control of noxious submersed, floating and emersed aquatic vegetation and algae. Customer understands that some 
beneficial vegetation may be required in a body of water to maintain a balanced aquatic ecological system. 

b) Determination of dissolved oxygen levels prior to treatment, as deemed necessary, to ensure that oxygen level is high enough to allow safe treatment. 
Additional routine water analysis and/or bacteriological analysis may be performed if required for success of the water management program. 

c) Where applicable, treatment of only one-half or less of the entire body of water at any one time to ensure safety to fish and other aquatic life. However, 
the Company shall not be liable for loss of any exotic or non-native fish or vegetation. Customer must also notify the Company in writing if any exotic fish 
exist in lake or pond prior to treatment. 

d) Customer understands and agrees that for the best effectiveness and environmental safety, materials used by the Company may be used at rates equal 
to or lower than maximum label recommendations. 

e) Triploid grass carp stocking, if included, will be performed at stocking rates determined the Florida Fish and Wildlife Conservation Commission permit 
guidelines. 

f) Customer agrees to provide adequate access. Failure to provide adequate access may require re-negotiation or termination of this Agreement. 

g) Control of some weeds may take 30-90 days depending upon species, materials used and environmental factors. 

h) When deemed necessary by the Company and approved by Customer, the planting and/or nurturing of certain varieties of plants, which for various 
reasons, help to maintain ecological balance. 

 

2) Under the Shoreline Grass and Brush Control Program, the Company will treat border vegetation to the water’s edge including, but not limited to torpedograss, 
cattails, and other emergent vegetation such as woody brush and broadleaf weeds. Many of species take several months or longer to fully decompose. 
Customer is responsible for any desired physical cutting and removal. 

 

3) Customer agrees to inform the Company in writing if any lake or pond areas have been or are scheduled to be mitigated (planted with required or beneficial 
aquatic vegetation). the Company assumes no responsibility for damage to aquatic plants if Customer fails to provide such information in a timely manner. 
Emergent weed control may not be performed within mitigated areas, new or existing, unless specifically stated by separate contract or modification of this 
Agreement. Customer also agrees to notify the Company, in writing, of any conditions which may affect the scope of work and Customer agrees to pay any 
resultant higher direct costs incurred. 

 

4) If services specify trash/debris removal, the Company will perform the following: removal of casual trash such as cups, plastic bags and other man-made 
materials up to a 5 gallon bucket but only during regularly scheduled service visits. Large or dangerous items such as biohazards and landscape debris will 
not be included. 

 

5) Customer agrees to reimburse the Company for all processing fees for registering with third party companies for compliance monitoring services and/or 
invoicing portal fees. Fees will be reimbursed via an additional invoice per the Company’s discretion. 

 

6) If at any time during the term of this Agreement, Customer reasonably believes the Company is not performing in a satisfactory manner, or in accordance with 
the terms of this Agreement, Customer shall give the Company written notice stating with particularity the reasons for Customer’s dissatisfaction. The Company 
shall investigate and attempt to address Customer’s concerns. If, after 30 days from the giving of the original notice, Customer continues to reasonably believe 
the Company’s performance is unsatisfactory, Customer may terminate this Agreement by giving written notice (“Second Notice”) to the Company and paying 
all monies owing to the effective date of termination, which shall be the last day of the month in which the Second Notice is received by the Company. Customer 
may not terminate this Agreement before the end of the term except for cause in accordance with this paragraph. 

 

7) If Customer discontinues or terminates service under this Agreement except for cause in accordance with paragraph 6, Company shall be entitled to collect 
as an early termination fee, and not as a penalty, an amount equal to, the lesser of, three (3) times the monthly service fee, or the number of months remaining 
in the term multiplied by the monthly service fee. The Company may declare the termination fee owed in a single payment due within ten (10) days of written 
demand. 

 

8) Federal and State regulations require that various water time-use restrictions be observed during and following some treatments. The Company will notify 
Customer of such restrictions. It is Customer’s responsibility to observe the restrictions throughout the required period. Customer understands and agrees 
that, notwithstanding any other provision of the Agreement, the Company does not assume any liability for failure by any party to be notified of, or to observe, 
such regulations or restrictions. 

 

9) The Company shall maintain the following insurance coverage and limits: (a) Workman’s Compensation with statutory limits; (b) Automobile Liability; (c) 
Comprehensive General Liability, including Pollution Liability, Property Damage, Completed Operations and Product Liability. A Certificate of Insurance will 
be provided upon request. A Certificate of Insurance naming Customer as “Additional Insured” may be provided at Customer’s request. Customer agrees to 
pay for any additional costs of insurance requirements over and above the standard insurance provided by the Company. 

 

10) The Company agrees to indemnify, defend and hold harmless Customer from and against any and all liability for any loss, injury or damage, including, without 
limitation, all costs, expenses, court costs and reasonable attorneys’ fees, imposed on Customer by any person caused by or that results from the gross 
negligence or willful misconduct of the Company, its employees or agents. Customer hereby agrees to indemnify, defend and hold the Company harmless from 
and against any and all liability for any loss, injury or damage, including, without limitation, all costs, expenses, court costs and reasonable attorneys’ fees, 
imposed on the Company by any person whomsoever that occurs on or about Customer’s premises, except for any such loss, injury or damage that is caused 
by or results solely from the gross negligence or willful misconduct of the Company its employees or agents. 


 

11) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO 
LOST PROFITS, SAVINGS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer agrees that the Company’s liability 
under this Agreement shall be limited to six (6) times the monthly fee, which amount shall be Customer’s maximum remedy regardless of the legal theory used 
to determine that the Company is liable for the injury or loss (including, without limitation, negligence breach of contract breach of warranty and product liability). 


 

12) Neither party shall be responsible for damages, penalties or otherwise for any failure or delay in performance of any of its obligations hereunder caused by 
strikes, riots, war, acts of God, accidents, governmental orders and regulations, curtailment or failure to obtain sufficient material, or other force majeure 
condition (whether or not of the same class or kind as those set forth above) beyond its reasonable control and which, by the exercise of due diligence, it is 
unable to overcome. Should the Company be prohibited, restricted or otherwise prevented or impaired from rendering specified services by any condition, 
the Company shall notify Customer of said condition and of the excess direct costs arising therefrom. Customer shall have thirty (30) days after receipt of 
notice to notify the Company in writing of any inability to comply with excess direct costs as requested by the Company. 

 

13) Customer warrants that it is authorized to execute this Agreement on behalf of the riparian owner If a legal entity, the person executing this Agreement on 
behalf of Customer represents that Customer is duly organized and existing, and is in good standing, under the laws of the jurisdiction of its organization and 
that execution, delivery, and performance of this Agreement has been duly authorized by all appropriate corporate action 

 

14) The Company covenants to perform and complete the services hereunder in a timely, competent and workmanlike manner and in accordance with the 
specifications and requirements set forth in this Agreement. THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, 
RELEASES AND RENOUNCES, ALL OTHER WARRANTIES AND CLAIMS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT 
TO SERVICES OR PRODUCTS PROVIDED BY THE COMPANY. 

 

15) Customer understands that, for convenience, the annual cost of service is spread over a twelve-month period and that individual monthly billings do not reflect 
the fluctuating seasonal costs of service. If the Company permits Customer to temporarily put its account activity on hold, an additional start-up charge may 
be required due to aquatic re-growth. 

 

16) The Company agrees to hold Customer harmless from any loss, damage or claims arising out of the sole negligence of the Company. However, the Company 
shall in no event be liable to Customer or others for indirect, special or consequential damages resulting from any cause whatsoever. 

 

17) Upon completion of the term of this Agreement, or any extension thereof, this Agreement shall be automatically extended for a period equal to its original term 
unless terminated by either party by written notice delivered prior to the end of the term. The Company may adjust the monthly investment amount after the 
original term to reflect any changes to cost of materials, inputs, and labor. The Company will submit written notification to Customer 30 days prior to effective 
date of adjustment. If Customer is unable to comply with the adjustment, the Company shall be notified immediately in order to seek a resolution. The 
Company may cancel this Agreement for any reason upon 30-day written notice to Customer. 

 

18) Should Customer become delinquent, the Company may place the account on hold for non-payment and Customer will continue to be responsible for the 
continuing monthly amount even if the account is placed on hold. The Company may, at its sole discretion, choose to suspend services and charge the 
Customer 25% of the monthly equivalent invoice amount for three (3) consecutive months, herein referred to as the Credit Hold Period, or until Customer pays 
all invoices due, whichever comes earlier. Regular Service may be reinstated once the entire past due balance has been received in full. Should the Customer 
remain delinquent at the end of the Credit Hold Period, Company shall be entitled to bring action for collection of monies due and owing under this Agreement. 
Customer agrees to pay collection costs, including, but not limited to, reasonable attorneys fee (including those on appeal) and court costs, and all other 
expenses incurred by the Company resulting from such collection action. The Company reserves the right at any time to charge interest on unpaid amounts 
at the rate of eighteen percent (18%) per year. Customer hereby irrevocably submits to the exclusive personal jurisdiction of the state and federal courts of 
Duval County, Florida for the adjudication of all disputes or questions hereunder. 

 

19) This Agreement constitutes the entire agreement of the parties hereto and shall be valid upon acceptance by the Company Corporate Office. No oral or written 
alterations or modifications of the terms contained herein shall be valid unless made in writing and accepted by an authorized representative of both the 
Company and Customer. This Agreement is assignable by Customer only with the prior written consent of the Company. 

 


 

 

 

 

 

 



Waterway Management Proposal 

For 

 

Darby Community Development District - Kings Preserve 

Jacksonville, Florida 

 

 

Prepared by: Florida Waterways, Inc. 

 6900 Philips Highway, Unit 23 

 Jacksonville, Florida 32216 

 

Date: September 2, 2025 

 

 

 




Waterway Management Service Agreement 

This Agreement made the date set forth below, by and between Florida Waterways, Inc., a Florida Corporation, hereinafter 
called “FLORIDA WATERWAYS”, and 

Darby Community Development District - Kings Preserve 

c/o Governmental Management Services 

Attn: Daniel Laughlin, District Manager 

475 West Town Place, Suite 114 

World Golf Village 

St. Augustine, Florida 32092 

 

hereinafter called “CUSTOMER”. The parties hereto agree as follows: 

1. FLORIDA WATERWAYS agrees to manage certain lake(s), pond(s), and/or waterway(s) in accordance with the terms and 
conditions of this Agreement for a period of twelve (12) months from the date of receipt in the following location: 

Twelve (12) annual visits for treatment and/or inspection of eight (8) approximately 8.7-acres of wet detention 
ponds as shown on Waterway Map 

 

2. CUSTOMER agrees to pay FLORIDA WATERWAYS, its agents or assigns, each month the following sum for specified 
waterway management services: 

Algae and Aquatic Vegetation Control (including Floating Vegetation) 

$ 

535.00 

Shoreline Grass Control 

$ 

INCLUDED 

Debris Removal 

$ 

INCLUDED 

Management Reporting 

$ 

INCLUDED 

Triploid Grass Carp Stocking* w/ Included Permitting Assistance 

$ 

8.50/fish 

Water Quality & Chemistry Monitoring * 

$ 

INCLUDED 

Florida Waterways 100% Control Guarantee 

$ 

INCLUDED 

(Free Callback Service & Additional Treatments, if required) 

 

 

Total Recurring Monthly Service Charges 

$ 

535.00 

*Services performed at FLORIDA WATERWAYS’ sole discretion for the success of the Waterway Management 
Services Agreement. 

3. FLORIDA WATERWAYS agrees to commence Waterway Management Services within fifteen (15) business days, weather 
permitting, from the date of receipt of this executed Agreement plus initial deposit and/or issuance of required government 
permits. 

4. The terms and conditions appearing on the reverse side form an integral part of this Agreement, and CUSTOMER hereby 
acknowledges that they have read and are familiar with the contents thereof. Agreement must be accepted in its entirety to 
be considered valid. 

By: 

FLORIDA WATERWAYS CUSTOMER 

 

Jim Schwartz Printed: ___________________________ 

Email: Jim@FloridaPond.com 

Proposal Date: September 2, 2025 Dated: ___________________________ 

The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by CUSTOMER to FLORIDA WATERWAYS within 
ninety (90) days from the effective Proposal Date. 


1) The Algae and Aquatic Vegetation Control and Shoreline Grass Control Programs will be conducted in a manner consistent with Best 
Management Practices (BMPs) intended to prevent the stormwater management facility (SWMF) and associated control structures 
from becoming clogged or choked with vegetative or aquatic growth to such an extent as to render them inoperable. Control of 
vegetative and aquatic growth may take 30-90 days depending upon species, materials used and environmental factors. 
2) FLORIDA WATERWAYS, in its sole discretion, will implement an Integrated Pest Management (IPM) Plan for CUSTOMERS site which 
may utilize chemical, mechanical-physical, biological and/or cultural procedures (as applicable) for controlling aquatic plants, including: 
a. Class I Prohibited Aquatic Plants listed by the Florida Department of Agriculture and Consumer Services as 
cited Rule 5B-64.011, F.A.C. 
b. Category I & II Invasive Plant Species listed by Florida Exotic Pest Plan Council (FLEPPC) 





 

These listed plants have a tendency to spread or become invasive in an ecosystem, sometimes in a rapid 
manner, so as to impair the ecosystem’s ability to function by altering its productivity, decomposition, water 
fluxes, nutrient cycling and loss, soil fertility, erosion, dissolved oxygen concentrations, or its ability to maintain 
its existing species diversity. These plants also have the ability to create dense, monospecific stands or 
monotypic stands which displace or destroy native plant habitat, destroy fish and wildlife habitats, inhibit water 
circulation, hinder navigation and irrigation, or severely restrict the recreational use of waterways. 

3) Triploid grass carp stocking, if included, will be performed at stocking rates determined by FLORIDA WATERWAYS, within Florida Fish 
and Wildlife Conservation Commission permit guidelines. If deemed necessary, carp containment barriers will be coordinated with 
CUSTOMER at a rate of $45.00/SF. FLORIDA WATERWAYS designs and fabricates the industry’s best custom carp containment barriers 
out of welded aluminum construction. Barriers built by FLORIDA WATERWAYS are guaranteed to meet FWC’s specifications. 
4) CUSTOMER agrees to provide adequate access to the SWMF, including boat access. Failure to provide boat access may require renegation 
or termination of this Agreement. If, at time of treatment, access to the site has been restricted and FLORIDA WATERWAYS 
is unable to provide services, FLORIDA WATERWAYS reserves the right to impose a fuel surcharge as may be necessary. 
5) CUSTOMER agrees that the system will be kept free of debris, trash, garbage, oils and greases, and other refuse. Included debris 
removal by FLORIDA WATERWAYS is limited to small, incidental litter that may accumulate within the SWMF. Removal of large debris 
resulting from intentional or unintentional dumping, vandalism, or weather events may result in additional service charges. 
Agreements that include debris removal shall consist of: Removal of casual trash such as cups, plastic bags and other man-made 
materials up to 20 lbs. during regularly scheduled service visits. Large or dangerous items such as biohazards and landscape debris 
will not be included. 
6) Under the Shoreline Grass Control Program, FLORIDA WATERWAYS will treat border vegetation to the SWMF’s Normal Water Level 
(NWL) including, but not limited to torpedograss, cattails and other emergent vegetation such as woody brush and broadleaf weeds. 
Many of these species leave visible structure which may take several seasons to decompose. CUSTOMER is responsible for removing 
such structure if desired. CUSTOMER understands that during periods of prolonged drought, or due to a change in hydrological 
conditions, the SWMF’s water level may fall below the NWL elevation. Treatment of border vegetation below the NWL will be 
coordinated between CUSTOMER and FLORIDA WATERWAYS and may result in a service surcharge. 
7) CUSTOMER understands, that, for convenience, the annual service charge has been spread over a twelve-month period and that 
individual monthly billings do not reflect the fluctuating seasonal costs of service. 
8) FLORIDA WATERWAYS, in implementing the IPM, will use methods that protect or restore fish and wildlife habitat. CUSTOMER 
understands that some beneficial vegetation may be required in a body of water to maintain a balanced aquatic ecological system. 
When deemed necessary, FLORIDA WATERWAYS may plant and/or nurture certain variety of plants, which for various reasons, help 
to maintain ecological balance. 
9) FLORIDA WATERWAYS shall maintain the following insurance coverage: a) Automobile Liability; b) Comprehensive General Liability; 
c) comply with Florida’s Workers Compensation Law (FSS Chapter 420) statutory limits. 
10) FLORIDA WATERWAYS agrees to hold CUSTOMER harmless from any loss, damage, or claims arising out of the sole negligence of 
FLORIDA WATERWAYS; however, FLORIDA WATERWAYS, shall in no event be liable to CUSTOMER, or others, for indirect special or 
consequential damages resulting from any cause whatsoever. 
11) This Agreement may be terminated without cause by either party upon a 30 day written notice to the other party. 
12) Upon completion of the term of this Agreement, or any extension thereof, this Agreement shall be automatically extended for a period 
equal to its original term unless terminated by either party. If required, FLORIDA WATERWAYS may adjust the monthly recurring 
service charge amount after the original term. FLORIDA WATERWAYS will submit written notification to CUSTOMER thirty (30) days 
prior to effective date of adjustment. If CUSTOMER is unable to comply with the adjustment, FLORIDA WATERWAYS shall be notified 
immediately in order to seek a resolution. If necessary, CUSTOMER may terminate this Agreement according to the procedure outlined 
in #11 above. 
13) Should CUSTOMER become sixty (60) days delinquent, FLORIDA WATERWAYS may place the account on hold for non-payment and 
CUSTOMER will continue to be responsible for the monthly service charge even if the account is placed on hold. FLORIDA WATERWAYS 
reserves the right to impose a monthly service charge on past due balances and/or cancel the Agreement. Monthly interest will accrue 
on delinquent accounts at a rate of 1.5% per month. Service may be reinstated once the entire past due balance has been received 
in full, including interest. Should it become necessary for FLORIDA WATERWAYS to bring action for collection of monies due and 
owing under this Agreement, CUSTOMER agrees to pay collection costs, including, but not limited to reasonable attorney’s fees 
(including those on appeal) and court costs, and all other expenses incurred by FLORIDA WATERWAYS resulting from such collection 
action. 



7711 Owsley Ct, Jacksonville, FL 32219 

 

 



www.FloridaLake.com 904.801.LAKE (5253) 
Waterway Management Proposal 
For 
Darby Community Development District - Kings Preserve 
Jacksonville, Florida 
Prepared by: Florida Waterways, Inc. 
6900 Philips Highway, Unit 23 
Jacksonville, Florida 32216 
Date: September 2, 2025